Immigration Canada

Changes for International Students – coming in June

A number of new regulations for international students will come into force on June 1, 2014. The changes are intended to make the process easier for genuine students and to minimize abuse of the study permit program.

The Changes

The chart below compares and contrasts the current rules with the new rules as of June 1.

Current Regulations	New Regulations as of June 1
Applicants must show that they intend to pursue studies in Canada when applying for a study permit.	Applicants must enroll in and continue to pursue studies in Canada. Failure to do so could lead to removal from Canada.
Applicants may apply for a study permit to pursue studies at any educational institution in Canada.	Study permits will only be issued to successful applicants who are pursuing studies at an educational institution that has been designated to receive international students.
Study permit holders eligible to work off-campus must apply for an Off-Campus Work Permit.	Study permits will automatically authorize holders to work off-campus for up to 20 hours per week during the academic session and full-time during scheduled breaks. There will be no need to apply for a separate work permit. The study permit holder must be pursuing academic, vocational or professional training of six months or more. Studies must lead to a degree, diploma or certificate at a designated institution.
Any international student can apply for a Co-Op Work Permit if a co-op placement is an integral element of their course of study.	Only international students who are studying at a secondary school or a designated institution may apply for a Co-Op Work Permit. The co-op placement must still be an integral part of their course of study.
Visitors may not apply for a study permit from within Canada.	Visitors may apply for a study permit from within Canada if they: Are at the pre-school, primary or secondary level; Are on academic exchange or are visiting students ; or Have completed a course or program of study that is a condition for acceptance at a designated learning institution
International students who have completed their studies but hold valid study permits may remain in Canada until the expiration of their study permit.	A study permit becomes invalid 90 days after completion of studies. To remain in Canada, the graduate must possess a valid work permit or other authorization.
After completion of their studies, study permit holders are not authorized to work until they receive a Post-Graduate Work Permit	Eligible international graduates will be authorized to work full-time while waiting to receive a decision on a Post-Graduate Work Permit application.
There are no references clearly stating that Registered Indians, who are also foreign nationals, are exempt from the requirement to obtain a study permit.	Registered Indians, who are also foreign nationals, may study in Canada without a study permit because they have the right of entry into Canada.

Who is affected by these Changes?

Any international student in Canada may be affected by one or more of these changes. This is especially true for the majority of international students who require study permits to come to Canada.

It is important to note that not all international students need to obtain a study permit. Study permit exemptions are most commonly granted to minor children residing in Canada, as well as individuals who will be studying in Canada for less than six months. More information on studying without a study permit can be found here.

Important Takeaways

The changes are by and large good news for international students, who will see some aspects of their study and work permit applications become more streamlined.

For instance, the decision to make study permit holders automatically eligible for off-campus work relieves international students of the time and stress of applying for a separate work permit. It also gives students the opportunity to gain professional experience during their studies and to connect with potential future employers. Similarly, the decision to allow graduates to work full-time while awaiting a Post-Graduate Work Permit helps students to transition smoothly into the Canadian workforce.

“These new changes were designed with students’ best interests in mind,” said Attorney David Cohen. “The Canadian government understands that international students make important contributions to our country, both economically and socially. Helping students come to Canada, and enjoy their stay here, is a win-win situation.”

Citizenship and Immigration Canada has stated that further details on the changes, as well as how they will be implemented, will be announced in the weeks leading up to June 1. Stay tuned to CIC News for important updates on this program.

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

Eligibility Requirements for the Nova Scotia Nominee Program (NSNP)

Harbour of Peggys Cove, Nova Scotia Français : Port de Peggys Cove, Nouvelle-Écosse (Photo credit: Wikipedia)

Below are the detailed eligibility requirements for the various streams of the NSNP.

Skilled Worker Stream

The Skilled Worker Stream is composed of three different categories, each with their own eligibility criteria. They are as follows:

Skilled Workers

This category is for individuals with experience in an occupation classified as NOC level 0, A or B, also known as skilled occupations. Priority is given to these high skilled applicants. See below for further eligibility requirements.

Semi-Skilled Workers

This category is for workers whose occupations are classified as NOC level C, also known as semi-skilled occupations. Applications in this category will only be considered if all eligibility criteria are met and the applicant has worked for at least 6 months with a Nova Scotia employer that is supporting their application for permanent residency.

Priority is given to semi-skilled workers whose employers:

Have made an effort to recruit Canadian citizens or permanent residents for the position; and
Can demonstrate that they will provide support to assist newcomers with settlement needs

See below for further eligibility criteria.

Low-Skilled Workers

This category is for individuals whose occupations are classified as NOC level D, also known as unskilled occupations. Applications in this category will only be considered if all eligibility criteria are met and the applicant has worked for at least 6 months with a Nova Scotia employer that is supporting their application for permanent residency.

Priority is given to low-skilled workers whose employers:

Have made an effort to recruit Canadian citizens or permanent residents for the position; and
Can demonstrate that they will provide support to assist newcomers with settlement needs

See below for further eligibility criteria.

General Criteria for this Stream
In addition to the general eligibility outlined above, all applicants, regardless of their work experience, must meet the following eligibility requirements:

If living in Canada, provide proof of legal status
Be between the ages of 21 and 55 at the time of application
Receive a full time, permanent job offer from a Nova Scotia employer.
Have at completed at least a high school level of education (12 years of study), and;
- Have the education, training, and licensing/certification needed to perform the job in Canada, if applicable
Have at least 12 months of relevant work experience
Meet language requirements for the program
- For NOC levels 0, A or B – CLB level 5 in English or French
- For NOC levels C or D – CLB level 4 in English or French
Demonstrate the intent and ability to settle in the Province of Nova Scotia

Employers sponsoring applicants through this program must meet the following requirements:

Be permanently established in Nova Scotia

Have operated in Nova Scotia, under current management, for at least two years
Issue a full time, permanent job offer to the individual applicant.
- The job must be located in Nova Scotia
- The job must have salary and benefits that meet Provincial employment standards
- The job must be in a position for which there is a shortage of qualified Canadian citizens or permanent residents
- Job offers made to NOC level C or D occupations will be considered based on local labour market requirements and conditions
Demonstrate recruitment efforts to fill the position with a qualified Canadian citizen or permanent resident

Regional Labour Market Demand Stream

This stream will accept a maximum of 150 applications.

This stream targets individuals whose skills and experience meet Nova Scotia labour market needs. Applicants are not required to have a job offer at the time of submitting their application. However, they must intend to pursue employment in an occupation that has been designated as ‘in demand’ by the province. The following 25 occupations are currently designated as in-demand and thus eligible for this program:

Systems Testing Technicians
Industrial Engineering and Manufacturing Technologists and Technicians
Registered Nurses
Head Nurses and Supervisors
Mechanical Engineering Technologists and Technicians
Electrical and Electronics Engineering Technologists and Technicians
Managers in Health Care
Computer Engineers
Licensed Practical Nurses
Electrical and Electronics Engineers
Mechanical Engineers
User Support Technicians
Industrial and Manufacturing Engineers
Specialist Physicians
General Practitioners and Family Physicians
Financial Auditors and Accountants
Software Engineers and designers
Medical Engineers
User Support Technicians
Industrial and Manufacturing Engineers
Specialist Physicians
General Practitioners and Family Physicians
Financial Auditors and Accountants
Software Engineers and Designers
Medical laboratory Technologists and Pathologists’ Assistants
Insurance Adjusters and Claims Examiners
Information Systems Analysts and Consultants
Welders
Machinists
Industrial Electricians
Steamfitters/Pipefitters
Sheet Metal Workers

In addition, eligible applicants must meet the following eligibility criteria:

Be between the ages of 21 and 55
Demonstrate language proficiency of at least level 5 according to the Canadian Language Benchmark (CLB) scale or the Niveaux de competence linquistique canadiens (NCLC) scale
Have an intended occupation in Nova Scotia that is considered skilled (NOC levels 0, A or B), and is in demand in their intended community of residence
Be legally residing in current country of residence
Have completed a high school level of education and received at least a degree, diploma or certificate from a recognized post-secondary institution
Have at least two years of continuous, full-time work experience in last five years related to intended occupation in Nova Scotia
Demonstrate the ability to become economically established in Nova Scotia
Demonstrate intent to live in Nova Scotia permanently
Complete an Employment and Settlement Plan outlining their potential contributions to Nova Scotia
Attend an interview in Nova Scotia, if required

Family Business Worker

This stream helps Nova Scotia employers hire workers that are close relatives and have specific skills that may be difficult to find amongst Canadian citizens and permanent residents. In order to be eligible, the identified worker, or their spouse, must be related to the family business owner or the spouse of the business owner in one of the following ways:

Son or daughter
Brother or sister
Niece or nephew (children of brothers or sisters)
Uncle or aunt (parent’s brothers or sisters)
Grandchild

They may also be a step or half relative of the same degree.

In addition, applicants must meet the following eligibility criteria:

Have legal status in their country of residence
Have a permanent, full time job offer from a Nova Scotia business belonging to a close family member
Have the necessary education, training, qualifications or licensing/accreditation needed to perform the job
Have the appropriate work experience needed for the position
Demonstrate the intent and ability to settle in the Province of Nova Scotia

In addition, the family business owner, or their spouse, must meet the following criteria:

Be a Canadian citizen or permanent resident
Lived in Nova Scotia for at least two years
Own at least 33.3% of the business issuing a job offer.
- Business should be under current management for at least two years
Have a financially viable business that can provide the salary and other parameters outlined in the job offer
Not received social assistance or employment assistance within the last two years
Issue a full-time, permanent job offer to the close family member that meets the following requirements:
Has a salary, benefit, and working condition standards that meet provincial employment standards
- Does not contravene bargaining agreements or settle any labour disputes
- For occupations requiring certification, applicant should contact a provincial certification organization and verify they meet requirements
The family business owner or their spouse/common-law or conjugal partner may support an application under this category no more than once every two years. They may have to provide documentation to show that previously supported family members have settled into Nova Scotia, found employment, and not needed social assistance.

Source: http://www.canadavisa.com/eligibility-requirements-nova-scotia-nominee-program.html#List

Nova Scotia Announces New Immigration Stream – No Job Offer Needed

Lighthouse of Peggys Cove, Nova Scotia (Photo credit: Wikipedia)

The Province of Nova Scotia has created a new immigration option for aspiring permanent residents called the Regional Labour Market Demand Stream. This stream, which is administered under the Nova Scotia Nominee Program (NSNP), is particularly exciting because individuals do not need a job offer in Canada to apply.

The Regional Labour Market Demand Stream was announced in early March, and began considering applications on March 6, 2014. Through this stream, Nova Scotia immigration officials are able to select individuals with skills and experience that are in-demand in the province.

Eligibility Requirements for the Regional Labour Market Demand Stream

In order to be eligible for this stream, applicants must meet the following criteria:

Be between the ages of 21 and 55;
Meet minimum language proficiency requirements;
Have at least two years of continuous full-time work experience within the past five years in an eligible occupation*;
Intend to work in an eligible occupation;
Be legally residing in current country of residence;
Have sufficient funds for settlement in Nova Scotia;
Have at least a high school level of education and a degree, diploma, or certificate from a post-secondary institution;

Completed post-secondary program must be at least one year in length

Demonstrate intent to live in Nova Scotia and ability to become economically established in the province;
Complete an Employment Settlement Plan; and
Attend an interview, if required.

*The NSNP has listed 43 eligible occupations. The list includes, but is not limited to, occupations in the following fields: engineering, health services (including nursing), skilled trades, and food service.

The Settlement Plan

For this stream, applicants must complete an Employment Settlement Plan, which is provided by the NSNP. The settlement plan requires applicants to answer questions on the following topics:

Intended occupation in Nova Scotia;
Reasons for choosing Nova Scotia; and
Where they wish to settle and why.

By answering these questions, applicants demonstrate their desire to live in Nova Scotia as well as their readiness to quickly settle into their new homes.

The Application Process

Like other Provincial Nominee Programs (PNPs), obtaining a permanent resident visa through the NSNP is a two-step process.

First, applicants must apply to the NSNP for provincial approval. For the Regional Labour Market Demand Stream, the NSNP has stated that processing times may be up to one month or more depending on the volume of applications received and the time required to assess the application documents. Nomination under the NSNP is solely at the discretion of the Nova Scotia Office of Immigration. Desirable applicants are then selected by the province and issued a Provincial Nomination Certificate. The overall application, including the Provincial Nomination Certificate, must then be approved by the Federal government.

In the second step of the process, the Federal government assesses an applicant’s admissibility with respect to medical and security/criminality concerns. The final authority rests with the Federal government, who is ultimately responsible for granting Canadian permanent resident status.

What This Means for Applicants

The Regional Labour Market Demand Stream is a chance for individuals to immigrate to one of Canada’s most economically and culturally dynamic provinces.

According to Attorney David Cohen, many prospective immigrants possess valuable skills and experience that are needed in Canada. However, due to the gradual restriction of some immigration programs, many have not yet been successful in obtaining Canadian Permanent Residency.

“In recent years, many if not most new Canadian immigration programs require that individuals first obtain a job offer in Canada in order to be eligible to apply,” said Attorney David Cohen. “The fact that this new stream does not require a job offer is likely to generate large amounts of interest.”

At the moment there is no deadline for submission of applications. However, the NSNP notes that this can change at any time.

“This new program is a wonderful opportunity for individuals to immigrate to one of Canada’s most beautiful provinces,” said Attorney Cohen. “However, such opportunities do not last forever. Now is the time for eligible applicants to seize the moment and have a chance to realize their immigration goals.”

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

Source: http://www.cicnews.com/2014/03/canadian-immigration-news-briefs-midmarch-2014-033313.html

How to Sponsor Spouse for Canada Immigration?

by Jessica

The permanent residents and Canadian citizens who are at least 18 years old and have financial resources can sponsor their spouses either living in Canada or outside the country to obtain Canadian permanent residency. The sponsor must also sign a sponsorship undertaking to financially support spouse for a period of three years. The sponsored spouse receives the conditional permanent residence for a period of two years during that time the sponsor and spouse must live in a legitimate relation together.

The sponsored spouse must meet the medical, and security checks and failing to meet the medical and/or security requirements will make family member inadmissible to Canada.

Who is a Spouse?

A spouse is persons who is married to the sponsor and their marriage is legally recognized in Canada and place where the marriage ceremony took place.

If you got married in Canada then you must must have a marriage certificate issued by the province or territory where the marriage took place.

If you were married outside Canada:

the marriage must be valid under the law of the country where it took place and under Canadian law, and
the marriage, if performed in an embassy or consulate, must follow the law of the country where it took place, not the country the embassy or consulate represents.

When Spouse Can not be Sponsored?

The Immigration and Refugee Protection Act and Regulations excludes the persons from being sponsored as a spouse if:

you are under age 16,
you (or your sponsor) were married to someone else at the time of your marriage,
your sponsor applied for permanent residence but did not include you on their application as someone who should be examined or
your sponsor has sponsored another spouse, common-law partner or conjugal partner in the past, and three years have not passed since that person became a permanent resident (or five years if your application was received on or after March 2, 2012).

Apply for Sponsorship:

The spouse sponsorship is a two step process in which you are assessed for eligibility as a sponsor and if you qualify to sponsor your spouse, then your sponsored spouse must apply for permanent residence.

First a citizen or permanent resident of Canada must apply to sponsor a spouse.
- Your sponsorship application is processed by a Case Processing Centre (CPC) in Canada.
- You will be notified in writing by the CPC about the decision on your sponsorship application.
Your spouse must apply for permanent residence.

Al though it is a two step process, the application for sponsorship and permanent residence must be completed and submitted at the same time.

Spouse living in Canada

Following are the list of forms for sponsoring your spouse living in Canada to become permanent resident:

Spouse Living Abroad:

If the spouse being sponsored lives outside Canada, then you need to use the following forms for sponsoring and Canadian permanent residence:

1. Sponsorship Forms:

2. Permanent Residence Forms:

In addition to the above immigration forms, the sponsored spouse may have to follow specific instructions depending on the country of residence.

Western Europe [IMM 3901]
Includes instructions: Albania, Andorra, Austria, Belgium, Bosnia-Herzegovina, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Liechtenstein, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Portugal, San Marino, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, United Kingdom and Vatican City

Eastern Europe [IMM 3902]
Includes instructions for: Armenia, Belarus, Bulgaria, Estonia, Georgia, Latvia, Lithuania, Moldova, Poland, Romania, Russia and Ukraine

China [IMM 3903]
Includes instructions for: People’s Republic of China, Special Administrative Region of Hong Kong and Special Administrative Region of Macau

India [IMM 3904]
Includes instructions for: India, Bhutan and Nepal

Philippines [IMM 3905]
Includes instructions for: Philippines

South East Asia and Pacific [IMM 3906]
Includes instructions for: Australia, Brunei, Cambodia, Cook Islands, Federated States of Micronesia, Fiji, Indonesia, Kiribati, Laos, Malaysia, Marshall Islands, Micronesia, Myanmar, Nauru, New Zealand, Niue, Palau, Papua-New Guinea, Samoa, Singapore, Solomon Islands, Thailand, Timor-Leste, Tonga, Tuvalu, Vanuatu and Vietnam

General Asia [IMM 3907]
Includes instructions for: Bangladesh, Democratic People’s Republic of Korea, Maldives, Mongolia, Pakistan, South Korea, Sri Lanka and Taiwan

Latin America [IMM 3908
Includes instructions for: Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela

Caribbean [IMM 3909]
Includes instructions for: Antigua and Barbuda, Bahamas, Barbados, Cuba, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname and Trinidad and Tobago

United States [IMM 3910]
Includes instructions for: United States of America, Bermuda, Puerto Rico, and Saint-Pierre and Miquelon

Middle East and Central Asia [IMM 3911]
Includes instructions for: Afghanistan, Azerbaijan, Bahrain, Cyprus, Iran, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Kyrgyz Republic, Lebanon, Oman, Qatar, Saudi Arabia, Syria, Tajikistan, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan, West Bank and Gaza Strip, Yemen

Africa [IMM 3912]
Includes instructions for: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Central African Republic, Union of the Comoros, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Republic of the Congo, Rwanda, Sao Tome é and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe

Japan [IMM 3913]
Includes instructions for: Japan

Where to Send Application?

You must pay the required processing fees and send the completed and signed application forms along with supporting documents to the Case Processing Center in Canada at the following address:

CPC Mississauga
P.O.Box 3000, Station A
Mississauga, ON
L5A 4N6

The form 5476 Use of Representative is optional and you need to submit this form only if you are being representative by authorized immigration consultant or immigration lawyer.

Immigration Canada

Changes for International Students – coming in June

Eligibility Requirements for the Nova Scotia Nominee Program (NSNP)

Nova Scotia Announces New Immigration Stream – No Job Offer Needed