Government imposes $275 fee on temporary foreign worker applications

The Centre Block on Parliament Hill, containing the houses of the Canadian parliament (Photo credit: Wikipedia)

BY DON BUTLER, OTTAWA CITIZEN JULY 31, 2013

The federal government expects Canadian employers to request 30 per cent fewer temporary foreign worker positions this year as a result of a new $275 user fee that came into effect Wednesday. However, it’s not clear the fee will do anything to stem the rising tide of foreign workers entering Canada.The federal government expects Canadian employers to request 30 per cent fewer temporary foreign worker positions this year as a result of a new $275 user fee that came into effect Wednesday.

However, since employers applied for 60 per cent more positions in 2012-13 than they actually required, it’s not clear the fee will do anything to stem the rising tide of foreign workers entering Canada.

The new fee, which employers have to pay for every temporary foreign worker they apply to hire, is among a number of amendments and regulatory changes announced earlier this year in response to concerns that temporary foreign workers are taking jobs from Canadians.

Until now, employers have paid nothing when they asked Human Resources and Social Development Canada (HRSDC) to evaluate whether temporary foreign workers they wished to hire were likely to have a positive, neutral or negative impact on the Canadian labour market.

That means taxpayers are footing the bill for the cost of processing those HRSDC labour market opinions, the government says in a regulatory impact analysis statement published Wednesday in the Canada Gazette.

Those costs should instead be borne by employers, the government says, since they benefit directly from the service provided. The $275 fee represents full cost recovery, based on anticipated costs and volumes of application.

Employers who want to hire temporary foreign workers in the primary agriculture sector or through the Seasonal Agricultural Workers Program are exempt from the new fee. “There are proven acute labour shortages in this sector and the jobs are truly temporary,” the government’s analysis statement says.

Christopher Warswick, an economics professor at Carleton University, said introducing a fee makes sense. “There’s not too many things a government does that it doesn’t charge some sort of fee for,” he said in an interview.

Warswick said the fee should not deter employers who would benefit from the temporary workers program, but could give some employers an incentive to hire Canadians or landed immigrants instead.

The number of temporary foreign workers in Canada has exploded in recent years and reached almost 340,000 in December 2012. Excluding the primary agriculture sector, the number of temporary foreign worker positions requested through HRSDC more than doubled between 2006 and 2012.

In a recent report, the Conference Board of Canada asked why Canada is still bringing in so many temporary foreign workers when unemployment, especially among young Canadians, remains relatively high.

In the analysis published in the Canada Gazette, the government says HRSDC processed 182,714 requested temporary foreign worker positions in 2012-13, excluding occupations in primary agriculture.

It expects that to fall to 127,900 in 2013-14 because the new fee. “Employers are expected to minimize costs by only applying for the (temporary foreign worker) positions that they intend to fill,” the government document says.

The new fee is significantly lower than some other countries charge employers who apply to hire temporary foreign workers. Australia, the United Kingdom and the United States, for example, charge fees ranging from $508 to $853.

HRSDC estimates the fee will generate $231 million in new revenue from employers over the next decade. There will be a one-time cost of $890,000 to build a system to accept the fees plus ongoing annual administrative costs of about $1 million.

Jenna Hennebry, director of the International Migration Research Centre at Wilfrid Laurier University, said the new fee is unlikely to reduce the number of temporary foreign workers Canadian employers hire, in part because the agricultural sector is exempt.

“Agriculture is the largest area, and one of the biggest growth areas,” she said, arguing that the fee should apply to those employers as well.

Hennebry said money raised by the new fee, which will go into general government revenues, should be used to improve regulations, compliance evaluation and monitoring of the temporary foreign workers program.

“If we’re going to do this, let’s do it right and use the money to improve conditions (for workers) and make sure that rights are protected.”

New regulations also came into force Wednesday restricting the ability of employers to require foreign workers to speak languages other than English or French.

The regulations aim to reduce the risk that Canadians and permanent residents might be excluded from job opportunities, the government says in an impact analysis statement.

The new provision says the employment of a foreign national “is unlikely to have a positive or neutral effect” on Canada’s labour market if the job offer requires the ability to communicate in a language other than English or French.

The regulations allow exceptions for employers seeking to hire temporary foreign workers in the agricultural sector in order to “protect Canada’s food security,” as there are proven labour shortages and unfilled jobs are seasonal in nature, the government statement says.

As well, employers who can clearly demonstrate that the ability to speak a language other than English or French is essential for the job will still get approval from HRSDC.

Until now, employers who applied to HRSDC for a labour market opinion on the hire of temporary foreign workers have not been required to provide a rationale as to why a job may require proficiency in a language other than English or French.

dbutler@ottawacitizen.com

twitter.com/ButlerDon

Getting Admission to a Canadian School

English: KIS International School Students (Photo credit: Wikipedia)

With an international reputation for top-quality education, it is no wonder that tens of thousands of students come from abroad each year to study in Canada.

The path to studying in Canada begins with admission to a Canadian educational institution. The admission application process can sometimes take over a year. Therefore, it is important to set clear educational goals and deadlines. If you are interested in coming to Canada to pursue any type of study, follow our steps below for admission success.

Choose Your Program and School

There is a wide range of educational opportunities throughout Canada. Generally speaking, schools fall into one of four categories:

University/College
Trade/Vocational
Language Schools
Primary/Secondary

Firstly, you should decide what sort of program you would like to enroll in. You should ask yourself questions like:

Do I want to obtain a degree?
How will my studies enhance or change my career?
Do I want to use my education as a stepping stone for Canadian Permanent Residency?
How much time and money can I commit to my education?

It is important to choose a program that connects your short- and long-term goals. You may wish to speak with school representatives, current students or alumni to get a better idea of the pros and cons of a program or school. You may also wish to attend school informational sessions online or at a location near you.

Once you have decided on your course of study, you will want to make a list of schools that teach your program and appeal to you. Some factors to take into account are:

Tuition costs
Location
Cost of living while at school
Teacher-student ratio
Student organizations
School support for international students

Some prospective students choose to apply to several schools, while others focus on just one institution. Decide where you want to go, and move on to beginning the application process.

Review Admissions Requirements

Once you have chosen the schools you wish to apply to, you should research each school’s admissions requirements to find out if you are a good candidate for the school and program. Some institutions accept all students, while others are highly competitive. Application procedures can vary greatly, even amongst similar institutions.

Prepare Your Admission Application

School applications vary as much as schools themselves. Some institutions require only the bare essentials in terms of personal and financial information. Others, especially colleges and universities, may have in-depth applications that require submission of transcripts, essays, and standardized test scores.

It is important to keep track of deadlines. The Canadian school year generally runs from September to April for universities, and to June for primary and secondary school. Many schools require that applications be submitted up to a year prior to the date of intended enrollment.

Even if your chosen school does not have a strict application deadline, you will want to take into account the time it will take you to apply for any necessary visas and/or permits and prepare yourself for an extended stay in Canada.

NOTE: International applicants may be required to gather additional documentation such as proof of English or French language ability, proof of independent health insurance, proof of financial ability or educational equivalency results. It may take you longer to prepare an application than a Canadian applicant.

Submit Your Application and Receive Acceptance Letter

Once you have prepared your application, you must submit it in a timely manner, preferably well before the application deadline. This can often be done online.

If you are accepted to a Canadian school, congratulations! You are closer than ever to coming to Canada. You will have to accept the offer of admission extended to you by your school of choice, and may be asked to make a financial deposit at that time.

Your next step will be acquiring a Canadian study permit and/or temporary resident visa, if applicable. Stay tuned to the next edition of CIC News, where we will explore this process in-depth.

To find out if you are eligible for a study permit, please fill out a free online assessment today.

Skilled Work Experience for Immigration

English: A Canadian Customs and Immigration service sign (Photo credit: Wikipedia)

Skilled Work Experience for Immigration

JULY, 2013

Skilled work experience lies at the heart of many of Canada’s immigration programs. Some, like the Federal and Quebec Skilled Worker programs, even have ‘skilled work’ right in their name.

Many potential immigrants may be unclear as to what constitutes ‘skilled work’ for the purposes of immigration. Moreover, some may not know if their own experience is considered ‘skilled’ by immigration authorities. This article provides a background on skilled work experience and the importance it plays in many immigration processes.

What is ‘Skilled Work’?

The Government of Canada maintains a database of every field of work conducted in the country. It is known as the National Occupation Classification (NOC) database. Within the NOC database, jobs are broken down into the following levels:

0 level – Managerial jobs
A level – Professional jobs (usually requiring a university degree)
B level – Technical jobs (usually requiring post-secondary education, apprenticeship or 2+ years of on-the-job training)
C level – Semi-skilled jobs (usually requiring completion of secondary school and limited training)
D level – Unskilled jobs (no formal educational requirements, possible limited training)

When immigration officials refer to skilled workers, they are usually speaking of individuals with experience in an NOC 0, A or B level job. To browse the NOC database, please click here.

Who needs to be Skilled?

Many immigration programs were created to specifically target skilled workers. Immigrants arriving through a skilled worker program make up the largest percentage of new Canadian Permanent Residents each year. The following programs have skilled worker streams:

Federal Skilled Worker Program: This program includes three streams (Skilled Worker, Arranged Employment, PhD). Applicants to the Skilled Worker program must, at this time, have work experience in one of 24 eligible professions, all of which fall under NOC 0, A or B levels.

Quebec Skilled Worker Program: Applicants to this program must have education and experience in one of 146 areas of training/fields of study. These fields mostly fall into NOCs 0, A and B.

Canadian and Quebec Experience Class Programs: These programs require 1 year of skilled (0, A, or B level) work experience in Canada.

Provincial Nomination Programs (PNPs): PNPs vary from province to province. However, all programs have a stream that was designed to facilitate immigration for skilled workers living in the respective province. In addition, many PNPs have streams dedicated to bringing in targeted workers in certain professions, including those considered semi-skilled.

How to Prove Skills?

It is not enough to simply claim experience in a skilled profession; immigration authorities ask that applicants provide proof of their education and work experience. While programs vary slightly, applicants should expect to provide some or all of the following information:

Resume/CV
Educational diplomas (with Canadian equivalency documents)
Reference letters from current and former employers
Any professional certifications
Pay stubs and other proof of employment

Of course, the documents required to prove skilled work experience will vary depending on the applicant and their profession.

“Skilled worker immigration has for years been at the core of Canada’s immigration system,” said Attorney David Cohen. “It is part of what makes Canada the successful economy it is today. Recent changes, such as requiring applicants to provide Canadian educational equivalency results, help newcomers arrive prepared than ever before to quickly find a good job and transition to life in Canada.”

For individuals whose jobs are considered semi- or unskilled, there are still many ways to come to Canada. One is by finding a job as a temporary foreign worker. Another is to come to Canada as a student, building skills and preparing for a possible permanent residency application. Regardless of the path taken to Canadian Permanent Residency, successful applicants are able to become members of one of the most diverse, open, and economically prosperous societies on earth.

To find out if you are eligible for one of over 60 Canadian immigration programs, please fill out our free online assessment today.

Source: http://www.cicnews.com/2013/07/skilled-work-experience-immigration-072731.html

Changes to the Temporary Foreign Worker Program Now in Effect

Earlier today, Human Resources and Skills Development Canada (HRSDC) announced important changes to the Temporary Foreign Worker Program. These changes are effective beginning July 31, 2013.

In general, when a Canadian employer wants to hire a foreign worker, they must first apply for and receive a positive Labour Market Opinion (LMO) from Service Canada. The following changes that were announced today will affect how Canadian employers apply for an LMO:

Processing Fee

Prior to today, Canadian employers were able to apply for an LMO without having to pay a processing fee. Beginning today, employers will be required to submit a $275 processing fee for each position requested for the LMO. For example, if a Canadian employer wants to hire three foreign workers to work as chefs at their restaurant, they will be required to pay a total of $875 in processing fees. It is important to note that the processing fees are not refundable in the event that the LMO is refused.

Language Restriction

When applying for an LMO, Canadian employers can only require that an applicant be proficient in English and/or French. If they indicate that another language is required, the employer must be able to demonstrate that the foreign language is essential for the position. If a Service Canada officer determines that the foreign language is not essential for the position, they can refuse the LMO application.

Advertising

One of the essential parts of an LMO application is the advertising process. In general, Canadian employers are required to conduct advertising withinCanadabefore they are able to hire a foreign worker. The employer must demonstrate to a Service Canada officer that they have actively tried to hire Canadian citizens or Permanent Residents before offering the position to a foreign worker.

In the past, employers were required to advertise the position inCanadafor a period of 2 weeks. Starting August 28, 2013, employers will be required to advertise the position for 4 weeks. The advertising must be done in the three months preceding the LMO application. Employers will also be required to use more methods when advertising for the position.

Employers who want to hire a worker for a high-skilled position (NOC Skill Level A or B) will be required to advertise on the National Job Bank website or an equivalent provincial website, such as Emploi Quebec. They will also be required to use two or more additional sources for advertising; one that is national in scope and one that is consistent within the practice (eg. Workopolis.com, Monster.ca). Advertisements for high-skilled positions must now include the salary being offered, whereas employers were previously exempt from advertising the salary for high-skilled positions.

Employers looking to hire a worker for a low-skilled position (NOC Skill Level C or D) will be required to advertise on the National Job Bank website or an equivalent provincial website and use two or more additional sources for advertising. Unlike the high-skilled positions, employers looking to hire for a low-skilled position must also target underrepresented groups, such as Aboriginals, people with disabilities, and new immigrants.

Questions regarding the impact on Canadian job market

New questions have been added to the LMO application form. Employers will now be required to explain whether hiring a foreign worker for a position will positively or negatively impact the labour market. For example, certain questions are focused on whether hiring a foreign worker will lead to job losses for Canadian citizens or Permanent Residents through outsourcing or offshoring practices.

As part of the new form, employers will also have to explain what efforts were made in the past two years to hire and/or train Canadian citizens or Permanent Residents for the position.

The above changes in processing fees, language restrictions, and advertising requirements do not impact employers hiring foreign workers in certain agricultural positions under the Seasonal Agricultural Worker Program or the Agricultural Stream.

“These new changes mean it’s becoming more difficult for Canadian employers to hire foreign workers,” says Attorney David Cohen. “Especially considering the addition of processing fees, it’s important for employers to get the LMO application right the first time.”

Source: http://www.cicnews.com/2013/07/temporary-foreign-worker-program-effect-072762.html

Quebec Completes Picture of Revised Skilled Worker Program

Château Frontenac, Quebec City, Canada (Photo credit: Wikipedia)

English: Flag of . Color converted to RGB from the EPS file from the Government of Quebec which you'd have to assume is as authoritative as you can get. Français : Drapeau du Québec. Couleurs converties en RGB à partir du fichier EPS du Gouvernement du Québec. Русский: Флаг Квебека (Photo credit: Wikipedia)

Following up on last month’s news article, the Quebec Government has released the 2013 list of Areas of Training (domaines de formation) for the Quebec Skilled Worker (QSW) Program. This list is in effect as of August 1^st and includes many significant changes. These new details, in addition to the updated language rules announced last month, now provide a complete picture of the revised Skilled Worker Program for the province of Quebec.

The New Area of Training List

The revised QSW Program continues to use a points-based system. The 2013 Area of Training list, which awards extra points for 146 Areas of Training, is one of the significant revisions to the program. Some of the more notable differences between the previous (2009) and current (2013) lists are outlined in the chart below. Please note that the points indicated are conferred for degrees or diplomas obtained outside of Canada; degrees or diplomas obtained within Canada may receive a different number of points.

Area of Training	Points received prior to August 1, 2013	Points received as of August 1, 2013
Nursing	12	16
Civil, Construction or Transportation Engineering	6	12
Computer Engineering	6	12
Computer Support	6	12
Dental Hygiene Techniques	0	6
Industrial Engineering Technology	0	6

The list also includes several new Areas of Training which did not previously receive extra points, such as Mineral Technology (6 points) and Banking and Financial Operations (6 points), to name a few.

What this means for Applicants

“This is fantastic news for nurses,” says Attorney David Cohen. “They were left off the occupation list for the Federal Skilled Worker Program this year, but the increase in points for this Area of Training demonstrates that the province of Quebec still has its doors open for nurses. However,” he added, “there is still a cap on the intake of applications, so interested applicants should apply as soon as possible.”

Computer engineers and civil engineers also benefit from a more accessible QSW program. While computer and civil engineers are also on the Federal list of occupations, the overall cap accepted by Quebec is much higher than the Federal cap, and the caps for the latter program are filling fast. As these two professions now receive 12 points for their Area of Training, many more applicants may be eligible for the Quebec Skilled Worker Program without needing to submit the results of a French test with their application.

The new Area of Training list continues to demonstrate that the province is targeting foreign skilled workers whose academic qualifications will help them find work in the occupations which are in greatest demand in Quebec.

The Quebec Skilled Worker Program Moving Forward

The much anticipated Quebec announcement has provided many skilled workers with a way to come to Canada and become permanent residents. The QSW Program revisions are great news for nurses, computer engineers, civil engineers, and the other 143 professions on the Area of Training list. The QSW Program is also now an option for applicants from many other backgrounds, even those who do not get extra points for their Area of Training.

To find out if you are eligible for the Quebec Skilled Worker Program or any of over 60 Canadian immigration programs, fill out a free online assessment today.

Source:http://www.cicnews.com/2013/07/quebec-article-072720.html

Immigrants help solve oilpatch labour woes

English: View from Calgary Tower, Calgary, Alberta, Canada. (Photo credit: Wikipedia)

Growing population helps fill many shortages

BY DEREK SANKEY, POSTMEDIA NEWS AUGUST 3, 2013

The growing immigrant population is not only changing the face of Calgary, it's also serving an increasingly vital part of helping oil and gas companies solve labour shortages, which are only expected to increase in the next 10 years.

In 2010, Calgary's immigrant population was estimated at 304,000 - almost 30 per cent of the total population, and the visible minority population is projected to reach 40 per cent by 2020, according to data from Statistics Canada based on the last census.

Over half (52.7 per cent) of those immigrants were in the crucial working demographic of 25-44.

It's a number that Joaquin Benitez is very familiar with. As an immigrant from El Salvador in the mid-1980s, he now finds himself working alongside teams consisting almost exclusively of others like him who came to Canada seeking a better life.

"There are a huge number of immigrants in projects I'm working on (but) sometimes it's so difficult to communicate with them because they don't speak the language," says Benitez, trained as a civil engineer and now a senior piping designer with SNC Lavalin in Calgary.

Language remains one of the top barriers to employment for immigrants, who often have a high calibre of skills. Getting their degrees from their home countries accredited in Canada is another big barrier.

"In terms of the immigrant population, 80 per cent that come from abroad are educated, so that is definitely a benefit to the Calgary community," says Cindy DeVouge, chief development officer for Immigrant Services (formerly the Calgary Immigrant Aid Society).

Her organization implemented an "integrated mentorship program" that matches immigrants with employers and assists them with resumebuilding, mock interviews and other skills.

The oil and gas industry is projected to need between 125,000 and 150,000 additional workers in the next decade due to growing demand and retiring baby boomers, according to some estimates.

Last year, more than 35,000 immigrants came to Alberta, of 198,000 across Canada.

Immigrants stand to play an increasing role in filling that shortage of workers, says DeVouge: "Qualified (immigrants) will be able to fill some of that labour shortage once some of their challenges are addressed."

As oil companies poach skilled engineers from other sectors, it leaves a broader void in labour supply across the country.

"They have to bring immigrants to sustain the demand for people in engineering, drafting and design work," Benitez says. "As more people get into the industry, other industries are lacking people. It will require more immigrants to come into the country."

When he came to Canada, the National Energy Policy had crippled the economy in Alberta and there were no jobs. It only compounded the fact he didn't speak English very well and had no education.

Benitez took the opportunity to go to school and become a civil engineer. By the time he graduated, industry activity had rebounded and he was offered a job with Fluor Daniels before he even graduated.

"For the first few years, we struggled a lot," he says. "When you don't speak the language and you don't have the proper education, you limit yourself in terms of the jobs you can do."

What many oilpatch firms have begun to do in recent years to address the labour shortage crisis is to implement so-called "work-share" programs, where they open offices in countries such as India or China, where labour is less expensive and readily available.

The problem with that strategy, says Benitez, is that the quality of work suffers because local engineers in those countries aren't familiar with Canadian weather considerations or regulations and building codes.

The result is that more work - and cost overruns - ends up occurring on the projects on the ground in Canada. It may reduce costs to the client initially, but costs them more by the time the project reaches completion, he adds.

DeVouge views the increased number of immigrants in the workforce as a positive, lasting benefit to Canada's economy.

derek.sankey@telus.net

Changes to Labour Market Opinion Rules for Temporary Foreign Worker Program

The government of Canada has announced changes to the process for obtaining a labour market opinion (LMO) for applications under the Temporary Foreign Worker program, effective immediately, although a grace period has been granted for applications where recruitment has been completed and the LMO application is made prior to 28 August 2013.

Introduction of Processing Fee

Effective 31 July 2013, employers applying to hire TFWs must pay a processing fee of CAD$275 for each position requested to cover the cost of the Labour Market Opinion (LMO). Some agricultural positions are exempt from the fee.

New Advertising Requirement

Advertising must now run for four weeks (previously, two weeks was sufficient) before the employer can apply for an LMO. There are some exceptions, for live-in caregivers and workers in agriculture.
Employers must advertise on the national Job Bank website or the equivalent provincial/territorial websites, and, additionally, must prove that they have used at least two other recruitment methods that are consistent with the advertising practices for the occupation.

If hiring for a higher skilled occupation—one of the methods must be national in scope;
If hiring for a lower-skilled occupation—employers must demonstrate that they made efforts to target under-represented groups in the labour force.

Employers must also continue to actively seek qualified Canadians to fill the advertised positions until an LMO has been issued. The additional expense of this should be considered when budgeting for new applications.

Additional Questions on the LMO Form

The LMO application form has been updated and includes extensive new questions designed to ensure that Canadian employers are making their best efforts to hire resident workers.

Applications in Process

Applications already submitted are not affected. Applications where the recruitment efforts have been complete in line with the previous rules will be accepted, provided they are submitted to Human Resources and Skills Development Canada (HRSC) prior to 28 August 2013.

Action Items

Note the new fee of CAD$275 per employee for an LMO application
Note that advertising must run for at least four weeks and then must continue while the LMO application is in process; plan and budget accordingly
Note the new advertising criteria and ensure your Canadian colleagues are aware

This news alert was prepared using information provided by the Canadian government.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact us.

Source: http://www.peregrine.im/newsletter/f1sa20Wf3528#section03