Canada assesses official language requirements for temporary foreign workers

Canada
January 6 2010
Source:Seyfarth Shaw LLP

On December 30, 2009, Citizenship and Immigration Canada (CIC) issued new guidance on assessing the language requirement for temporary foreign workers.

Current Canadian regulations state that immigration officers shall deny an application for a work permit to a foreign national if there are reasonable grounds to believe that the applicant cannot perform the duties stated in the work permit application. In this regard, immigration officers are instructed to assess temporary foreign workers’ knowledge of French or English before issuing a work permit, irrespective of the National Occupational Classification (NOC) skill level of the intended position in Canada.

In their assessment, immigration officers may consider the working conditions and/or any efforts undertaken by the employer to accommodate the limitations of the applicant’s proficiency in English or French, as well as resulting potential safety concerns. Immigration officers may also consider the terms in the actual job offer, in addition to the more generalized requirements stated in the NOC, in order to determine whether the applicant’s lack of language skills could compromise his/her ability to perform the job.

However, immigration officers are not authorized to consider perceived challenges the applicant might face in interacting with the broader community if it is not relevant to his/her job performance.

It is likely that immigration officers will require, going forward, proof from official testing (IELTS for English or TEF for French) for candidates whose native language is neither English nor French.

Canada Bucks Global Trend on Immigration

George Abraham (Diplomat)

4 January 2010
The Canadian city of Edmonton —· popular among Arab tourists thanks to a gargantuan mall — was the coldest place on earth in mid-December, along with a Siberian place called Dzalinda.

The mercury hovered at -46 degree C, but the wind made it seem more like -58 degree C. But such extreme temperatures have not stopped Canada being the warmest towards immigrants, in fact, making it the only country to buck a global trend towards lowering the gates.

In recent months, several European governments, including Spain, Ireland, Denmark and the Czech Republic, have paid immigrants enticing sums of money to go back to where they came from. Not Canada, though. The government has said it will continue to welcome a quarter-million new immigrants a year, but will conversely tighten the refugee determination system that is seen by many as too liberal.

With high unemployment and a large number of citizens on welfare in all of the so-called First World, admitting newcomers who are likely to contribute to both is seen as politically un-doable. Canada, however, is following a different tack. “We are planning for the economic recovery,” says a spokesperson for Immigration Minister Jason Kenney, alluding to several positive indicators that have surfaced in recent weeks foretelling an economy on the rebound. Compare this with Australia’s 15 per cent cut in immigrant intake in the wake of the economic downturn.

However, Ottawa’s stay-the-course approach is bound to be balanced by a tougher attitude to refugee applications, which were set to record a dramatic increase until the government stepped in with visa restrictions on travellers from the Czech Republic and Mexico. The fear of human smugglers taking advantage of a sympathetic refugee system took on new urgency in October when a batch of 76 Sri Lankan Tamils landed in British Columbia aboard a ramshackle freighter. Every one of them filed refugee applications, but few have made it beyond the gates of a detention centre as the government goes the extra mile to conduct background checks and ensure they are not Tamil Tiger guerrillas out to turn Toronto into an alternative capital for their grievances. In the words of a government spokesperson, “We can’t allow the creation of a two-tier immigration system: one tier for people who wait patiently and legally in the queue to come to Canada and another for profiteers, for those who engage the services of snakeheads and human trafficking groups.” Besides domestic pressure for a refugee screening system that is less prone to exploitation, American concerns over Canada serving as a backdoor into the US homeland has resulted in tougher questioning of applicants.

The overriding message to what the Economist recently called the world of “footloose talent” is that Canada remains open to immigrants, even at a time when Western economies stare at the prospect of sustained 10 per cent unemployment well into the next decade. To the Canadian mind, this is a myopic view that will prove counter-productive in the long term. The need for immigrants to replace an aging population and thereby ensure that there are always more workers paying into pension funds than retirees remains a paramount calculation. It may also be that a recession may not be a good time to cut back on immigrant intake, which has the desirable effect of transferring wealth from rich nations to the 
developing world.

This transfer is worth an annual $283 billion, but may be impacted if immigrants lose their jobs or there is a fall in the overall numbers gaining residence in industrialised nations. In a macro-economic sense, immigration has the unintended consequence of lifting families out of poverty thereby diminishing the “push” factors that drive people to flee their countries of birth.

But with many magnets for mobile human capital, Canada and its provinces are learning to be nimble in the pursuit of top talent. A recent instance was the relocation of 80 Indian IT consultants from Hartford, Connecticut, to two Atlantic cities — Charlottetown and Halifax — following the collapse of the Hyderabad-based Satyam Computer Services. Living in the US on work-dependent visas that were threatened following the troubles of the Indian computer giant, the governments of Prince Edward Island (PEI) and Nova Scotia are reported to have worked actively with a Canadian company to make a smooth switchover. Another factor that makes Canada an attractive home for immigrants is its religious tolerance. According to a recent study conducted by the Pew Center for Religion and Public Life, Canada ranks among the most tolerant on a global scale.


George Abraham is an Ottawa-based 
commentator. For feedback, write to 
opinion@khaleejtimes.com

Where business is booming Saskatchewan has 10,000 job openings. Bring your parka.

By Jon Birger, senior writer
November 4, 2008: 5:10 AM ET

(Fortune Magazine) -- Cold, landlocked, and boasting as its largest metropolis the city of Saskatoon, Saskatchewan may not be top of mind for most Americans. But the Canadian province is one of the richest spots in the world when it comes to natural resources. It's the world's largest producer of uranium. It's the biggest producer of the fertilizer potash (current price: $1,000 a ton, up from $300 this time last year). It is the world's largest exporter of green lentils and chickpeas. And it's home to enormous supplies of oil and gas: The U.S. buys more oil from Saskatchewan than it does from Kuwait. No wonder the CEO of one Fortune 500 company - Jim Prokopanko of Mosaic, which has a potash mine near the town of Esterhazy - describes the prairie province as "the next sovereign wealth fund."

Indeed, Saskatchewan - for the geography challenged, it shares its southern border with Montana and North Dakota - today enjoys Canada's fastest-growing economy; its GDP is expected to rise 3.9% this year, compared with 0.9% for the country as a whole, and it has a $3 billion budget surplus. Entrusted with "not screwing it up" (his words) is Saskatchewan Premier Brad Wall, the pro-business conservative elected in 2007. Wall's goal is actually much more than not screwing it up. He's on a mission to tell Saskatchewan's growth story at home and abroad.

I first met Wall - a glib and personable 42-year-old who's as comfortable talking NFL football as he is quoting Thomas Friedman - when he was in New York City last spring to speak at an energy conference. He promised not to raise oil royalties, which won him a standing ovation from the bankers in the crowd.

But Wall's top priority is at home: He needs to fix Saskatchewan's labor shortage. An area the size of Texas, Saskatchewan has only one million residents. "For any business thinking about building a new mine or expanding an existing one, the top-of-the-list question [in Saskatchewan] is always going to be 'Can we get the tradesmen?'" he says. Because of the shortage, Wall is reluctant to spend much money on new infrastructure projects, despite having the cash to do it. (The province doesn't yet have a sovereign wealth fund, but Wall says it's on his radar.)

Wall wants to grow the population 10% in ten years. So far, his government has launched splashy recruiting campaigns in Alberta, Ontario, and Manitoba, and has sent missions as far as the Philippines to recruit medical personnel.

In September Wall traveled to Toronto along with 50 Saskatchewan employers to sell the province at Canada's national job fair. During breaks he delivered his sales pitch to reporters. "Saskatchewan is not just a great place to live, it is a great place to make a life," Wall would say over and over to anyone with a notepad or a microphone, each time referring the listener to the 10,000 job openings listed at saskjobs.ca. (Diamond driller, salary $56,000, for example.)

Of course, life in Saskatchewan isn't for everyone. The average high temperature in Saskatoon in November is 29 degrees Fahrenheit. The average low in January is 9 below. "We need to focus on finding people who are looking for an economic opportunity," Wall says. But like any savvy marketer, he knows his limitations. "We have to be realistic," he says. "We'd better not be going to anywhere with a warm climate saying, 'Yes, but it's a dry cold.'"

Fed up Brits should come to Canada. The Country is looking at attracting 50,000 foreign workers within the next year alone

Canada is putting skilled British workers on a fast track for immigration visas to exploit our soaring cost of living. Its officials believe superior public services and the ability to weather economic turmoil will lure Britons fed up with fuel and food prices and with the state of schools and hospitals. Alberta's employment minister Hector Goudreau has been sent to this country to 'target' those tempted by a new life overseas.

It is one of the most audacious recruitment raids since Australia poached a million Britons - known as the Ten Pound Poms after the ship fare they paid - in the 1950s and 60s. The Canadians want GPs, teachers, nurses, electricians, carpenters, engineers, construction workers, management consultants, and cardiac and diabetic specialists.

Anyone of any age can apply, although workers who fit skills and experience criteria will be fast-tracked for visas.

Somebody from London might be able to sell their small flat and come to Alberta where they can buy a detached house with a huge back yard and huge front yard for the same amount. The cost of living is considerably less than in the UK. The salaries are comparable or even higher, so anyone who moves over would be able to make money and set some aside.

The economy in Alberta - which is founded on oil reserves - was constantly growing, and has remained steady despite the global credit crunch. There is beautiful scenery, the health care system is second to none in the world and the educational system is second to none in the world. Canada has some of the lowest business taxes, there is no province sales tax on goods.

The province covers a large chunk of prairie and Rocky Mountains and its major cities are Edmonton and Calgary. Its population is 3.4million - less than half London's - and it covers an area twice as big as Japan.

The average annual salary in Alberta for civil engineers last year was £44,428. And while income tax is higher in Canada, the living costs are much cheaper. Alberta is a big province, so whereas there is hardly any snow in the south in the winter, there is plenty of opportunity in the north for skiing, snowboarding and skating.

Then in the summer there are water-based activities such as boating, fishing and whitewater rafting but also have baseball and soccer. There is also a lot of culture, if you prefer the opera, musicals or ballet. It is known as the melting pot of Canada as they have a lot of immigrants coming here. Among the different nationalities living in Alberta are Chinese, Germans, Spanish, Ukrainians and Filipinos.

Alberta's booming economy is based on having the second largest concentration of oil in the world. There are 173 billion barrels in oil sands which can be recovered with today's technology. There is also an estimated 315 billion barrels of potentially recoverable oil.

Alberta officials, who are also targeting workers from Germany, America, Mexico and the Philippines, have been encouraged to focus on Britain by figures showing a record 200,000 Britons left the country for new lives abroad in 2006.

In 2006, a record 207,000 British citizens left this country. A third went to Australia or New Zealand, more than a quarter to Spain or France, and one in 12 to the United States.

Nearly 1.6 million British citizens emigrated in the decade after Labour came to power in 1997. They have been replaced by foreign workers, with the overall population increasing by more than a million in ten years. A recent survey by YouGov found 37 per cent of adults are thinking about moving abroad because of the growing financial pressure of life in this country.

More than 603,000 Britons live in Canada.

External link: http://www.mailonsunday.co.uk/news/article-1030680/Fed-Brits-come-Canada-says-Minister-sent-lure-workers-emigrate.html
Queries to


Miss Melanie Vogel
Bonn Germany

iSC International GmbH
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Bonn Germany

Language knowledge: German, English

Global Management
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Canada seeks foreign tech workers The number of available jobs is expected to increase by about 100,000 over the next several years

An immigration system that favors tech workers. An exchange rate that puts the Canadian dollar almost at parity with its U.S. counterpart - Canada's strategy to grow its economy is working. And it's a strategy that is very dependent on foreign workers.

The economy in British Columbia is growing by as much as 4.5% a year, with technology being the fastest-growing sector. The province's total workforce is now at about 2.3 million people, and it's predicted that over the next 12 years, there will be approximately 1 million job vacancies in British Columbia -- half the result of retirements, and the other half due to the creation of new jobs.

But over that same 12-year period, the province's secondary schools are expected to graduate a total of about 650,000 students. On the very face of it, there will be short 350,000 workers, which will have to come through immigration.

The Canadian government has specific programs for quickly bringing high-tech workers with certain skills into the country, a process that can take two to eight weeks.

The government recognizes that these people don't exist within Canada. If an employer is seeking a worker who has a specific set of skills, education and work experience and will be paid a salary on par with what Canadians earn, a foreigner can successfully get a work permit. Unlike the annual cap on the number of H-1B visas issued in the U.S., there is no numerical limit on foreign workers entering Canada.

Microsoft, which is been a vocal critic of the H-1B program's restrictions, announced that it plans to open the development center in Vancouver -- a mere 150 miles from the company's Seattle-area headquarters. The software vendor said it decided to set up the Vancouver facility, which is due to open in the fall, partly to help it "recruit and retain highly skilled people affected by immigration issues in the U.S."

Canada is becoming more and more attractive to companies such as Microsoft for more reasons than its immigration policies alone.

One thing that's helping Canada retain jobs and create new ones is the fact that the Canadian dollar now is trading at about 96 cents to the U.S. dollar -- much higher than in years past.

Canadians also hope that the country's quality of life adds appeal. Canada offers national health insurance, a good university system and much lower crime levels.

In addition, Canada has become far more receptive to immigration than the U.S. is. In 2006, nearly 1.3 million foreigners became permanent residents of the U.S. But Canada -- with a total population that is only about one-tenth the number of U.S. residents -- has been accepting about 250,000 new permanent residents annually.

In the technology sector, such immigration is needed to fill new jobs. It's estimated that there are about 620,000 high-tech workers in Canada. The number of available jobs is expected to increase by about 100,000 over the next several years. But Canadian universities graduate only about 15,000 students with tech skills annually, short of what is required.

Employees who are brought in for temporary work can usually get permanent residency. When you have a job in Canada, that's a pretty fair indication to the immigration department that you are of value to the country.

External link: http://www.computerworld.com
Queries to


Miss Melanie Vogel
Bonn Germany

iSC International GmbH
Online
Bonn Germany

Language knowledge: German, English

Global Management
www.Career-Journal.com

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