Source: Lexology.com
March 16 2010
In light of the recent rise in the number of temporary foreign workers in Canada, together with increased concerns for the fair treatment of foreign workers, the Government of Canada has proposed certain changes to the Immigration and Refugee Protection Regulations (IRPR) to address the treatment and hiring of temporary foreign workers. Specifically, the Government is proposing the following:
1. Placing a limit on the number of years a foreign national may hold a work permit
2. Imposing a ban on the ability to hire a foreign worker for any company or third-party agent who has failed to comply with Canada’s immigration rules and regulations
3. Establishing a set of factors to assess the genuineness of an offer of employment
4. Requiring all Labour Market Opinions to have time-specified and limited validity.
Four-Year Cap on Canadian Work Permits
Under the proposed regulations, foreign nationals will only be permitted to hold a temporary work permit for a cumulative 4 years. After 4 years, the foreign national will be required to wait for at least 6 years before he or she may reapply for a work permit. Some exceptions to this rule will apply, including work permits that have been granted pursuant to the NAFTA or other international agreement. While CIC recognizes that there is a continued need to hire foreign workers in Canada, this change is proposed to emphasize to both workers and employers alike that temporary work permits are designed to be just that – temporary. By placing a limit on the number of years a foreign worker may hold a temporary work permit, CIC seeks to encourage the use of other programs and pathways (such as the Canadian Experience Class) to permanent residence, when available.
Two-Year Ban for Non-Compliant Employers
In an effort to protect the rights of foreign workers in Canada, the Canadian Government proposes the imposition of a 2-year ban on the hiring of any temporary foreign workers for employers who have failed to provide the wages, working conditions, or occupation offered to any work permit holder in the past two years. Currently, employers may be subject to a fine of up to $50,000 or up to 2 years’ imprisonment for hiring a foreign national in a capacity in which he/she is not authorized to work. The proposed regulations will not only implement a ban on hiring future foreign nationals, but Immigration will also create a list to be published with the names, addresses and period of ineligibility of employers who are subject to this ban.
Assessing the Genuineness of an Offer of Employment
These new regulations additionally propose a number of factors to be considered by officers in assessing the genuineness of employment offers before approving both Labour Market Opinions and LMO-exempt work permits. Specifically, the officer will look to the nature of the employer’s business, the level of activity of the company’s operations, the terms of the offer of employment, and the employer’s ability to meet those terms (including payment of wages offered).
Limited Validity of Labour Market Opinions
Following HRSDC’s announcement in May 2009 that all Labour Market Opinions would be issued with a limited validity of 6 months, the Canadian Government’s proposed changes will make it required by law for all Labour Market Opinions to have an expiry date. If the foreign national does not apply for a work permit within that timeframe, a new Labour Market Opinion will need to be obtained by the employee.
These changes have been proposed by Citizenship and Immigration Canada, in collaboration with Canada Border and Services Agency and Human Resources and Skills Development Canada. While they have not come into force yet, they provide an accurate insight of what we may expect in the near future.
This document has been created for informational purposes only and does not contain a full analysis of the law, nor does it constitute a legal opinion of the Bomza Law Group.
Canadian Immigration Options for Temporary Workers and International Students
Since 2008, the Canadian federal and provincial governments have had programs in place to make it easier for individuals working or studying in Canada to obtain Canadian permanent residency. The governments recognize that individuals currently living in Canada, contributing to Canadian society and to the economy are likely to be successful Canadian permanent residents. There are four categories under which a person working or studying in Canada can qualify for a Canadian permanent resident visa.
• Canadian Experience Class: Individuals with some proficiency in English or French who have an intention to live in Canada, outside of the province of Quebec may qualify if they have Canadian experience as a:
o Foreign student having obtained at least a 2 year diploma or degree from a post-secondary institution AND at least 12 months of full-time work experience in a skilled, managerial or professional occupation in Canada, on a valid work permit; OR
o Temporary Foreign Worker currently working or having worked within the last year in Canada for at least 24 months of full-time in a skilled, managerial or professional occupation in Canada, on a valid work permit.
• Quebec Experience Class (PEQ): An individual may qualify if they have intermediate level French proficiency and are a:
o Foreign student having obtained a 2 year diploma or degree from an educational institution recognized by the Quebec Ministry of Education, while on a valid study permit; OR
o Temporary foreign worker currently working in Quebec for at least 12 months in a skilled, managerial or professional occupation in the 24 months prior to their application, while on a valid work permit.
• Provincial Nomination Programs: all of the remaining provinces and two of the territories in Canada have programs where they nominate individuals who intend to settle in that province. These programs are largely dependent on the applicant obtaining a full-time permanent job offer in a skilled occupation within the province, or having study and/or work experience in that province. Generally the provinces proceed quite quickly to issue nomination certificates at which point Citizenship and Immigration Canada completes their assessment of the application.
o Provinces and territories with nomination programs: Alberta, Manitoba, Newfoundland, Ontario, Saskatchewan, British Columbia, New Brunswick, Nova Scotia, Prince Edward Island, Yukon & the Northwest Territories.
• Federal Skilled Worker Program: individuals who have legally resided in Canada for one year as a foreign student or as a temporary foreign worker are eligible for this program, without the requirement of one year of experience in one of the 38 eligible occupations. Individuals who meet this requirement will then be required to obtain 67/100 points based on six selection factors: education, work experience, official language proficiency, age, arranged employment and other adaptability factors.(http://www.cicnews.com/2010/04/canadian-immigration-options-temporary-workers-international-students-04771.html)
Source: The South Asia Mail
• Canadian Experience Class: Individuals with some proficiency in English or French who have an intention to live in Canada, outside of the province of Quebec may qualify if they have Canadian experience as a:
o Foreign student having obtained at least a 2 year diploma or degree from a post-secondary institution AND at least 12 months of full-time work experience in a skilled, managerial or professional occupation in Canada, on a valid work permit; OR
o Temporary Foreign Worker currently working or having worked within the last year in Canada for at least 24 months of full-time in a skilled, managerial or professional occupation in Canada, on a valid work permit.
• Quebec Experience Class (PEQ): An individual may qualify if they have intermediate level French proficiency and are a:
o Foreign student having obtained a 2 year diploma or degree from an educational institution recognized by the Quebec Ministry of Education, while on a valid study permit; OR
o Temporary foreign worker currently working in Quebec for at least 12 months in a skilled, managerial or professional occupation in the 24 months prior to their application, while on a valid work permit.
• Provincial Nomination Programs: all of the remaining provinces and two of the territories in Canada have programs where they nominate individuals who intend to settle in that province. These programs are largely dependent on the applicant obtaining a full-time permanent job offer in a skilled occupation within the province, or having study and/or work experience in that province. Generally the provinces proceed quite quickly to issue nomination certificates at which point Citizenship and Immigration Canada completes their assessment of the application.
o Provinces and territories with nomination programs: Alberta, Manitoba, Newfoundland, Ontario, Saskatchewan, British Columbia, New Brunswick, Nova Scotia, Prince Edward Island, Yukon & the Northwest Territories.
• Federal Skilled Worker Program: individuals who have legally resided in Canada for one year as a foreign student or as a temporary foreign worker are eligible for this program, without the requirement of one year of experience in one of the 38 eligible occupations. Individuals who meet this requirement will then be required to obtain 67/100 points based on six selection factors: education, work experience, official language proficiency, age, arranged employment and other adaptability factors.(http://www.cicnews.com/2010/04/canadian-immigration-options-temporary-workers-international-students-04771.html)
Source: The South Asia Mail
Majority of Irish people ready to emigrate in search of better jobs.
Nearly 72 percent of Irish people expressed their willingness to move overseas in search of better jobs in Canada, UK, Australia or other nations. This was revealed by a latest poll conducted by Grafton Recruitment, one of the largest recruitment companies of Ireland. The findings of the poll were based on opinions of nearly 1,000 people in March 2010 throughout Ireland.
Among the top favored destinations for immigration named by people in the survey included Europe, Australia, UK and Canada respectively. Around 60 percent of respondents said they were open to seek jobs in Northern Ireland.
Managing director of Grafton Recruitment, Cathy McCorry, said that the fact revealed by the latest employment poll is a sign of the changing times when people accept immigration to other countries in order to improve their current job prospects.
Nearly one-fourth of the participants in the nationwide survey also expected to receive a hike in their salaries in the next year, the employment survey added. Nearly 50 percent of participants in the survey said that they were not ready to accept a decrease in the current pay.
The poll found that nearly 30 percent of survey participants had got a salary hike in the last year while 40 percent stated they are least expecting any hike in their pay, this year.
As per figures of December 2009, unemployment rate in the Republic of Ireland was 13.3 percent, which is almost twice the unemployment rate of Northern Ireland. However, despite such high unemployment rate in Ireland, 75 percent of respondents admitted being flexible regarding starting salary in a new work while 65 percent were willing to accept reduction in their salary between 5 and 10 percent.
The only cause of concern for employers in Ireland is that large-scale exit of talented workforce from Ireland to other nations will significantly have a long-term effect on Irish labor market, added McCorry.
She cautioned that there is a need to examine such trend appropriately. For this, Irish government and employers in Ireland must get together to meet the opportunities and the challenges posed by talent mobility.
Source: Muchmoremagazine.com
Among the top favored destinations for immigration named by people in the survey included Europe, Australia, UK and Canada respectively. Around 60 percent of respondents said they were open to seek jobs in Northern Ireland.
Managing director of Grafton Recruitment, Cathy McCorry, said that the fact revealed by the latest employment poll is a sign of the changing times when people accept immigration to other countries in order to improve their current job prospects.
Nearly one-fourth of the participants in the nationwide survey also expected to receive a hike in their salaries in the next year, the employment survey added. Nearly 50 percent of participants in the survey said that they were not ready to accept a decrease in the current pay.
The poll found that nearly 30 percent of survey participants had got a salary hike in the last year while 40 percent stated they are least expecting any hike in their pay, this year.
As per figures of December 2009, unemployment rate in the Republic of Ireland was 13.3 percent, which is almost twice the unemployment rate of Northern Ireland. However, despite such high unemployment rate in Ireland, 75 percent of respondents admitted being flexible regarding starting salary in a new work while 65 percent were willing to accept reduction in their salary between 5 and 10 percent.
The only cause of concern for employers in Ireland is that large-scale exit of talented workforce from Ireland to other nations will significantly have a long-term effect on Irish labor market, added McCorry.
She cautioned that there is a need to examine such trend appropriately. For this, Irish government and employers in Ireland must get together to meet the opportunities and the challenges posed by talent mobility.
Source: Muchmoremagazine.com
Ontario modifies residency rules to attract foreign students
Students who earn their PhDs will no longer need a job offer to be fast-tracked for permanent residence status.
Elizabeth Church
Education Reporter — From Tuesday's Globe and Mail Published on Monday, Apr. 26, 2010 10:41PM EDT Last updated on Tuesday, Apr. 27, 2010 3:00AM EDT
Ontario is making it easier for foreign graduate students to stay in the province when their studies are completed, part of a wider strategy to fuel the economy by casting the province as a destination for higher education.
The new rules will allow students who have earned their PhD at an Ontario campus to be fast-tracked for permanent residence status. The measures are part of the province’s new Open Ontario plan, which aims to increase foreign student enrolment in Ontario by 50 per cent in the next five years.
“The economy today is more and more based on innovation. We want to make it easier for [PhD graduates] to remain in Ontario,” said provincial Minister of Citizenship and Immigration Eric Hoskins. “It’s good for us. It’s good for them. It’s good for employers, as well.”
In the past, only graduates with a job offer were eligible to be fast-tracked under the Provincial Nominee Program, which allows the government to select economic immigrants. Under the new rules announced Monday, students can apply themselves for the fast-track program as soon as they complete the requirements for their degree.
As well as keeping graduates in Ontario, Mr. Hoskins said the changes are designed to attract future students and increase the profile of the province on the international stage.
“This sends a message that Ontario is a better place to come,” he said. “This is a very specific program that allows this province to select what we feel are the highest value, most highly skilled individuals that are the greatest value to our economy.”
University of Toronto graduate student Wei Li, who recently completed a PhD in chemistry, said the new rules will help individuals who do not have Canadian work experience. Still, he said under the current system some graduate students such as himself have been able to get residency status because they get credit for work they do as research assistants during their studies. But as a past head of the campus Chinese Students Association, he said he knows that policy has not always been consistent.
The changes in Ontario come as jurisdictions across the country and around the world compete for foreign students and skilled workers. Several provinces, including New Brunswick, Quebec and Manitoba, have taken steps to hold onto foreign students after graduation, said Jennifer Humphries, a vice-president with the Canadian Bureau for International Education.
At the same time, jurisdictions such as Australia and Scotland, which calls its initiative Fresh Talent, have long had special programs aimed at making it easier for foreign students to stay when their studies are done, she said.
Research by the CBIE has found that about half of all foreign students in Canada are interested in working or remaining in the country after graduation, up from just 25 per cent five years ago.
Changes by the federal government now allow students from other countries to remain in Canada for three years following their graduation, during which time they are eligible to work.
“I do like Ontario’s new focus on international talent,” Ms. Humphries said, noting that about one-third of all foreign students in Canada are at campuses in the province.
Still, she said if Canada hopes to increase its profile in higher education, its provinces need to work together to put forward a national strategy and brand.
Elizabeth Church
Education Reporter — From Tuesday's Globe and Mail Published on Monday, Apr. 26, 2010 10:41PM EDT Last updated on Tuesday, Apr. 27, 2010 3:00AM EDT
Ontario is making it easier for foreign graduate students to stay in the province when their studies are completed, part of a wider strategy to fuel the economy by casting the province as a destination for higher education.
The new rules will allow students who have earned their PhD at an Ontario campus to be fast-tracked for permanent residence status. The measures are part of the province’s new Open Ontario plan, which aims to increase foreign student enrolment in Ontario by 50 per cent in the next five years.
“The economy today is more and more based on innovation. We want to make it easier for [PhD graduates] to remain in Ontario,” said provincial Minister of Citizenship and Immigration Eric Hoskins. “It’s good for us. It’s good for them. It’s good for employers, as well.”
In the past, only graduates with a job offer were eligible to be fast-tracked under the Provincial Nominee Program, which allows the government to select economic immigrants. Under the new rules announced Monday, students can apply themselves for the fast-track program as soon as they complete the requirements for their degree.
As well as keeping graduates in Ontario, Mr. Hoskins said the changes are designed to attract future students and increase the profile of the province on the international stage.
“This sends a message that Ontario is a better place to come,” he said. “This is a very specific program that allows this province to select what we feel are the highest value, most highly skilled individuals that are the greatest value to our economy.”
University of Toronto graduate student Wei Li, who recently completed a PhD in chemistry, said the new rules will help individuals who do not have Canadian work experience. Still, he said under the current system some graduate students such as himself have been able to get residency status because they get credit for work they do as research assistants during their studies. But as a past head of the campus Chinese Students Association, he said he knows that policy has not always been consistent.
The changes in Ontario come as jurisdictions across the country and around the world compete for foreign students and skilled workers. Several provinces, including New Brunswick, Quebec and Manitoba, have taken steps to hold onto foreign students after graduation, said Jennifer Humphries, a vice-president with the Canadian Bureau for International Education.
At the same time, jurisdictions such as Australia and Scotland, which calls its initiative Fresh Talent, have long had special programs aimed at making it easier for foreign students to stay when their studies are done, she said.
Research by the CBIE has found that about half of all foreign students in Canada are interested in working or remaining in the country after graduation, up from just 25 per cent five years ago.
Changes by the federal government now allow students from other countries to remain in Canada for three years following their graduation, during which time they are eligible to work.
“I do like Ontario’s new focus on international talent,” Ms. Humphries said, noting that about one-third of all foreign students in Canada are at campuses in the province.
Still, she said if Canada hopes to increase its profile in higher education, its provinces need to work together to put forward a national strategy and brand.
Canada leading the economic recovery of G20 nations: Finley
OTTAWA — Canada is “clearly” leading the G20 out of the recession, Labour Minister Diane Finley told QMI Agency.
Finley was in Washington, D.C., this week to meet with her counterparts in the other G20 countries to discuss the strength of their respective workforces and how to combat high levels of unemployment, which could hinder the global economic recovery.
Canada’s unemployment rate has remained steady at 8.2%, but the situation is far worse in other countries.
In 2009, the global economy shed 34 million jobs, hitting a record high 212 million unemployed.
The first-ever two-day meeting was a setup for the G20 leaders summit in Toronto this June when the economic recovery will be discussed.
Finley said the labour ministers all agreed education and skills training strategies are key to strengthening the labour force.
Canada, she said, was the marvel of them all.
“It was very evident in our discussions that as a result of the quick action undertaken by our government ... Canada is clearly leading the G20 out of the recession,” Finley said from Washington. “It really is clear that our plan is working and we’ve become a marvellous success for the G20 nations.”
Finley said the next step for Canada is to focus on better matching available skills to employers’ needs.
“We all need that. People who are looking for jobs need it, employers need it, and we need it as a country,” she said.
bryn.weese@sunmedia.ca
Finley was in Washington, D.C., this week to meet with her counterparts in the other G20 countries to discuss the strength of their respective workforces and how to combat high levels of unemployment, which could hinder the global economic recovery.
Canada’s unemployment rate has remained steady at 8.2%, but the situation is far worse in other countries.
In 2009, the global economy shed 34 million jobs, hitting a record high 212 million unemployed.
The first-ever two-day meeting was a setup for the G20 leaders summit in Toronto this June when the economic recovery will be discussed.
Finley said the labour ministers all agreed education and skills training strategies are key to strengthening the labour force.
Canada, she said, was the marvel of them all.
“It was very evident in our discussions that as a result of the quick action undertaken by our government ... Canada is clearly leading the G20 out of the recession,” Finley said from Washington. “It really is clear that our plan is working and we’ve become a marvellous success for the G20 nations.”
Finley said the next step for Canada is to focus on better matching available skills to employers’ needs.
“We all need that. People who are looking for jobs need it, employers need it, and we need it as a country,” she said.
bryn.weese@sunmedia.ca
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