Working temporarily in Canada: Special categories—Information technology workers

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IMPORTANT
The simplified entry process for information technology (IT) specialists will come to an end on September 30, 2010.
Effective October 1, 2010, employers who wish to hire foreign workers previously eligible for IT facilitated processing will be required to apply for a Labour Market Opinion.
Note: for employers wanting to hire foreign workers for positions in Quebec, the facilitated process will remain in place for a limited time after September 30, 2010.


To fill critical shortages in Canada’s software industry, Canada has a simplified entry process for workers whose skills are in high demand in that industry.
Under this process, no confirmation letter from Human Resources and Social Development Canada (HRSDC) is necessary for specific jobs when hiring a foreign worker, since it will not have a negative impact on Canadian or permanent-resident job seekers and workers.
This means that if you are coming to Canada to work in one of the jobs listed below, you do not need a letter from HRSDC, and your work permit application may be processed more quickly.

Note: It is up to your employer to make sure the job you are being offered falls under one of these descriptions.

1. Senior Animation Effects Editor (NOC 9990.1)
2. Embedded Systems Software Designer (NOC 9990.2)
3. MIS Software Designer (NOC 9990.3)
4. Multimedia Software Developer (NOC 9990.4)
5. Software Developer—Services (NOC 9990.5)
6. Software Products Developer (NOC 9990.6)
7. Telecommunications Software Designer (NOC 9990.7)

 Temporary foreign workers wishing to take a position in Quebec must obtain a certificat d’acceptation du Québec (CAQ) in order to participate in this facilitated processing. Information for employers is available on the website of the Ministère de l’immigration et des Communautés culturelles (MICC).


Effective October 1, 2010, employers who wish to hire Temporary Foreign Workers previously eligible for IT facilitated processing will be required to apply for a labour market opinion and demonstrate that:

• the wage rate meets (or exceeds) the prevailing wage rate for the occupation and region;
• the working conditions are consistent with Canadian standards;
• efforts to hire Canadians or permanent residents have been made and the TFWP advertising guidelines have been followed;
• the employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians;
• the foreign worker will transfer new skills and knowledge to Canadians;
• the hiring of the foreign worker will not affect a labour dispute or the employment of any Canadian worker involved in such a dispute.

Please note that employers are required to conduct advertising and recruitment efforts as per TFWP guidelines before submitting a labour market opinion application and should plan sufficient time to conduct these activities.  Upon receipt of a complete labour market opinion application, the processing time, on average, takes two to three weeks.
Effective October 1, 2010, work permit applications received by Citizenship and Immigration Canada or by the Canada Border Services Agency at a port of entry, will require a copy of the labour market opinion for the seven specific IT occupations that were previously under the facilitated process.

 Source:  http://www.cic.gc.ca/english/work/special-tech.asp

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Canada legislates against rogue immigration consultants

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People seeking help to emigrate to Canada are set to be better protected after the Canadian government announced new legislation to deal with fraudulent immigration consultants. 

By Lucy Hyslop

Britons are among thousands exploited by the so-called crooked consultants, who are paid “extortionate amounts of money” by potential immigrants duped into believing they can guarantee them visas, for example, reduce the wait time for applications or claim to have connections in the Canadian immigration department who will expedite the process.

The national police force, the RCMP, and the Canada Border Services Agency are reportedly dealing with hundreds of current investigations into allegations against unscrupulous consultants across Canada. Around a quarter of a million people worldwide emigrate there yearly, while the number of immigrants settling from the UK has doubled in the past decade from approximately 4,500 in 1999 to 9,500 last year.

 

Samantha Skerrett, an immigration consultant/director at the London-based Migrate Nu-Life, said her firm often dealt with the problems left behind by what the industry calls “ghost” consultants. “I have spoken to people who have, sadly, lost a good part of their savings on companies who make promises of job offers to get them to Canada. They get nothing in return but false promises,” she said. “Brits need to be very careful who they pay money to.”

A member of the Canadian Society of Immigration Consultants (CSIC), Skerrett has heard from clients who have been given misleading or fraudulent advice from other companies, or told they are eligible for an immigration route when, in fact, they are not. “It leaves their dreams of moving abroad shattered,” she added. “Ghost agents give the industry a bad name and are a thorn in the side of bona-fide consultants trying to offer a quality service. It affects our professional image and the ability to do our work.”
The Canadian government’s Cracking Down on Crooked Consultants Act aims to close a loophole in the current legislation, which does not regulate any consultants’ involvement in the pre-application period. If passed, it would require all paid-for advice or representation be provided by an authorised immigration consultant, lawyer or notary only. It would also give the government power over the body governing immigration consultants “in order to ensure the integrity of the process”.
Jason Kenney, Canada’s minister of citizenship, immigration and multiculturalism, said at an earlier conference that, while most immigration consultants working in Canada were professional and ethical, “the unfortunate reality is that many consultants are acting dishonestly or even illegally to profit from people’s dream of coming here.” He cited one case of an exorbitant fee of $90,000 (around £60,000) paid to a crooked consultant by an immigrating family. “These prospective immigrants often find out too late that they’ve been deceived,” Kenney added
While the legislation of course covers Canada only, the minister will be also encouraging foreign governments to tackle the problem of crooked consultants dealing with immigrants to Canada. Jason Kenney is in London next week to talk about these and other immigration issues with Home Secretary Theresa May and Immigration Minister Damian Green as part of the Five Country Conference, comprising the UK, Canada, the US, Australia and New Zealand.
With the act increasing the risk of penalties, fines and possible imprisonment, Skerrett hoped that “the fear would be a major deterrent for these ghost agents”. She added, “Brits and immigrants will be better protected through proper representation, and provided with an assurance of quality and competence.”
If anyone is defrauded by an immigration consultant in the UK, they are advised to file a complaint with the local police and inform the Canadian Embassy, said Kelli Fraser, media relations adviser for Citizenship and Immigration Canada.
She pointed out that immigration fraud happens, of course, around the world not just in Canada, but added that it threatens the integrity of Canada’s immigration system. “It also raises security concerns, wastes tax dollars, adds to the processing time for legitimate applications, and it is unfair to those who do follow the rules,” she said.

 

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