Will a new bill save the refugee mess?

Nicholas Keung Immigration Reporter
Source: The start

Jaime Carrasco Varela came to Toronto from Nicaragua on a refugee claim in 1991. It took 19 years for the asylum seeker, once allegedly part of a death squad, to exhaust legal avenues for staying in Canada.

While Varela's case is a complex rarity, it illustrates what some say are the real problems plaguing Canada's refugee system: It is too slow for legitimate claimants and doesn't weed out ineligible ones quickly enough.

This week, Citizenship and Immigration Minister Jason Kenney introduced Bill C-11 to overhaul the system. Among its most controversial provisions: borrowing from the British model, it would have bureaucrats pre-screen candidates based on whether their country of origin is deemed to be safe (the "White List") or unsafe.The government plans to expedite the hearing process for applicants from safe, democratic countries deemed to have human rights, since it expects almost all of them would fail.

Those rejected claimants would not have the right to a full appeal before the new appeal division that's to be created. They could still, however, go to the federal court to have negative decisions reviewed over arguments of law (rather than the merits of the case for their refugee status).

That is currently the only appeal process available to failed applicants. The best outcome from a federal court review, however, is a reassessment.

C-11 has had mixed reviews from refugee advocates and lawyers.

Many experts welcome the creation of an appeals process to reassess the merits of a case and with the power to reverse decisions and grant status, but some are strongly opposed to preventing refugee claimants from appealing a negative decision if they're from countries deemed safe. They also detest the idea of allowing civil servants – as opposed to members of the Immigration and Refugee Board of Canada, an independent tribunal – to decide on initial claims.

Canada's refugee system is often seen as too generous and ultimately dysfunctional because close to half of all claims are rejected, withdrawn or abandoned – and thus deemed fraudulent. Kenney has said this about claimants from Mexico and the Czech Republic.

"We will take the political risk," Kenney told the Star Wednesday during a whirlwind day in Toronto packed with 16 meetings and interviews with editorial boards and broadcast outlets.

The proposed changes would speed the process, but some parties ask if they also would compromise the fairness of a system that's won Canada international acclaim.

Under the new legislation, decisions would be made on new claims within 60 days. Currently, the Immigration and Refugee Board takes an average of 19 months to determine claims. Outstanding cases have tripled from fewer than 20,000 in 2006 to 63,000 last year, largely because the Conservative government left board vacancies unfilled for two years.

But critics of the new legislation do not believe the new safe/unsafe country system is an acceptable solution. They fear that politics will affect which nations the government deems to be democratic, and that a legitimate applicant from a supposedly "safe" country might not get a fair hearing.

Critics also argue that Canada needs to deal seriously with the backlog of cases sitting in the system long after a negative decision from the refugee board. They say there haven't been enough resources to process pre-removal risk assessment (PRRA) applications, humanitarian/compassionate applications and federal court reviews.

According to Peter Showler, who teaches refugee law at the University of Ottawa, it can take a long time for the Canada Border Services Agency to deport failed claimants after they exhaust their legal options in federal court.

"During that dead space of two to three years, nobody takes responsibility for that file," says Showler, who chaired the refugee board from 1999 to 2002. "The longest period of delays is at the back end of the system. From a refusal decision by the federal court to the actual removal of the person, it can be a matter of years."

When they're interviewed in preparation for deportation, failed claimants can apply for PRRA, which determines whether it's safe for them to return home. That job falls to Citizenship and Immigration Canada. A government report this year found the average time between a removal order and the day the person actually leaves the country has jumped to 611 days. Before 2002, it was 437 days.

Kenney's solution is to not allow failed refugee claimants to apply for pre-removal risk assessment or humanitarian/compassionate relief until a year after their claim is rejected – by which time they may have been deported. The minister also said he would offer a $2,000 removal incentive to failed refugees.

Gulsum Koca's life has been in limbo since August 2002, when she says she fled persecution in Turkey. Koca, 37, is a member of the Alevi Muslim minority. The refugee board rejected her claim in April 2004, and the federal court refused to review her case; the federal court process allows reviews only on errors made in the administration of justice, not the actual evidence for her asylum claim.

More than two years later, Koca was contacted for a pre-removal risk assessment. Last April, immigration officials decided it was safe for her to return to Turkey and rejected her application to stay on humanitarian grounds. Another judicial review followed.

Raoul Boulakia, former president of the Refugee Lawyers' Association of Ontario, said a practice of designating countries such as Turkey to be "safe and democratic" would allow room for diplomatic pressure and political manoeuvring in the system. It could also exclude from consideration people who have a legitimate fear of persecution by states or by a third menacing party, such as drug lords.

The latest figures show that, in Britain, with its safe/unsafe country system, the average refugee processing time was just 127 days. Only 19 per cent of the 19,400 claims were accepted at the initial stage. But 34 per cent of appeals of rejected refugee claims were granted. In Canada, the refugee acceptance rate hovers around 50 per cent.

"The implication is that there is often poor decision-making at the initial stage and that there is a systemic culture of disbelief (of the claimants) by bureaucrats," says Colin Harvey, head of the school of law at Queen's University Belfast. "This does not recommend itself as a model to follow. There is also the risk that decision-making itself can become broadly politicized."

‘O Canada!’

By Ramon J. Farolan
Philippine Daily Inquirer
First Posted 23:54:00 04/04/2010

A lot of people would normally associate a “loonie” with some crazed fanatic. But in Canada
, loonie refers to the Canadian dollar, which today is almost at par with the US dollar. The loonie is a copper coin with Queen Elizabeth’s portrait on one side and the depiction of a loon—a water bird found in Northern Canada—on the other. Canada’s two-dollar coin, which has a polar bear on its face instead of a loon, is called a “toonie.” It is similar to our 10-peso coin with a copper center surrounded by a silver border. In terms of paper money, the smallest denomination is a five-dollar bill with a picture of youth playing ice hockey, Canada’s national sport.

Another interesting fact about Canada is that in terms of official independence, it is probably one of the youngest in the community of nations. It was only in 1982, upon the signing of a new Constitution Act by Prime Minister Pierre Trudeau and Queen Elizabeth that Canada officially became an independent country. The Philippines will be marking its 112th independence anniversary on June 12. “O Canada” was an old French marching song dating back to 1880. It became Canada’s national anthem 100 years later in 1980.

Canada is the largest country in North America with roughly 10 million square kilometers in land and water area, but with a population of merely 34 million. This is one reason Canada is one of the few countries that conduct seminars in various parts of the world in a bid to attract more immigrants. The waiting time for qualified applicants is anywhere from 16 to 87 months. In the case of my daughter, who has a master’s degree in Journalism from Northwestern University, she made it in 18 months, a reflection of an immigration point system geared towards people with high educational and professional qualifications. She now resides in British Columbia, where she teaches Academic English and Business Communication to college students mostly from Asia and the Middle East.

Canada is an example of a federal parliamentary democracy under a constitutional monarchy. The country has 10 provinces each with its own parliament and premier, along with three territories—Nunavut, Yukon and the Northwest Territories. The national government in Ottawa is headed by Prime Minister (head of government) Stephen Harper of the ruling Conservative Party. The governor general, representing the Head of State Queen Elizabeth, is appointed by the Queen on advice of the prime minister. MichaĆ«lle Jean, an immigrant born in Port-au-Prince, Haiti, is the current governor general. For Charter change enthusiasts, the Canadian model should be studied closely.

Filipinos in Canada

Statistics Canada or StatCan, the federal agency that comes up with statistics used in the formulation of national policies, reported that there are approximately half a million Filipinos in Canada. Among the more prominent members of the Filipino community is Aprodicio Laquian, former chief of staff of Joseph Estrada and an emeritus professor of human settlement at the University of British Columbia. Laquian recently co-authored a book “Seeking a Better Life Abroad: A Study of Filipinos in Canada 1957-2007.” He believes that a united Filipino community can be a strong political force in Canada. As of today, 15 Filipinos have been elected to public office, including two in the province of British Columbia.

How is Canada faring in the current recession?

All reports indicate that Canada is moving from recovery to expansion. The Globe and Mail, a national broadsheet, reports: “the economy is in overdrive, growing faster than anyone expected. Spending, housing starts, and job creation are surging. House building, hiring and even car buying has surpassed the most optimistic expectations. A year ago, General Motors was facing bankruptcy. Lately, the automaker announced plans to hire more workers and boost production because of a growing demand for certain models.”

The National Post, another daily, highlighted a GDP growth of 0.6 percent for the month of January, the strongest gain in more than three years. Manufacturing made gains for the fifth consecutive month.

Two sectors have been driving the turnaround—the labor market and housing. Unlike their US counterparts, Canadian companies have been hiring; unemployment is down to 8.2 percent in February. Roughly 60,000 full-time jobs were created last month alone. While some of the hiring could be attributed to the Vancouver Olympics, economists credit the private sector for playing a significant role in the upturn.

In the case of housing, home sales jumped 44 percent over last year’s numbers with the average price of homes rising to $335,000, up by 18 percent from a year ago.

In British Columbia alone, Premier Gordon Campbell confirmed that the province would be getting a $450-million hotel casino addition to current gambling facilities. The new project is expected to generate 3,200 direct jobs, 1,300 indirect jobs during the construction period, and is expected to be completed by 2013. It is interesting to note that early in his political career, Mr. Campbell opposed the expansion of gaming operations. He now says that “the whole concept of gaming has changed dramatically,” citing entertainment and cultural opportunities.

Prove your love

Marriage Day
Marriage Day (Photo credit: Fikra)
The Canadian government is on the lookout for fake marriages designed to acquire status
Ryan Rosenberg

I could open this article by quoting from one of the thousands of love songs purporting to ask or answer a question about genuine love. Instead, since this is a column about immigration law, I’ll try to put it in simplified legalese. A person intending to immigrate to Canada as sponsored by a Canadian citizen or permanent resident spouse will not qualify for immigration if the underlying relationship is not genuine and was entered into primarily for the purpose of acquiring status in Canada. Simpler yet, fake marriages don’t cut it and Citizenship and Immigration Canada is on the lookout.

Sponsorship rules
Under Canadian immigration laws, Canadian citizens and permanent residents may sponsor their husband or wife, common-law partner or conjugal partner. A successful and thorough sponsorship application will land your better half in Canada relatively quickly, as compared to other types of immigration applications. At the same time, a flawed, incomplete application can keep genuine spouses apart for an indefinite amount of time.

Aside from the many forms, police record checks and medical testing that an applicant must endure, CIC has made it a priority to keep fake marriages out of Canada. These regulations have been strengthened over the years to combat the high number of fraudulent cases, also known as marriages of convenience. As a consequence of these regulations, many applications based on genuine relationships are refused, forcing the applicant and the sponsor to appeal the decision, adding up to an additional year to the application processing times, plus the stress and cost of an appeal.

Prove it’s genuine
So when you complete an application to sponsor your spouse, make extra effort in gathering and submitting evidence to prove that your relationship is in fact “genuine.” I typically categorize evidence into two groups, “sentimental evidence” and “hard evidence.”

The primary type of sentimental evidence used is photographs. Submit a selection of photographs that capture the essence of your relationship. Photos of spouses together on vacation, with each other’s close family and at major life events (birthdays, holidays, vacations, etc.) are usually well received by the government. Do not make the mistake of only submitting photos from a single day or only photos where you are wearing the same outfit. Your photos should represent different milestones in your relationship and not just the wedding.

Other sentimental evidence to submit includes copies of birthday/holiday cards, email printouts, Facebook printouts, love letters, wedding invitations and reference letters from close friends or family that confirm the nature of your relationship. I had a client once who wanted to submit a racy video that he said confirmed beyond doubt that his relationship was real. I told him he was taking it too far.

More evidence
I classify all legal and third party documents as “hard evidence.” Hard evidence that you should plan to submit include copies of a power of attorney, copies of wills or life insurance policies, naming each spouse as the other’s beneficiary, copies of leases or land title certificates, showing both spouses as tenants or owners and copies of bank statements, showing both spouses as joint account holders.

It is also worthwhile to submit copies of boarding passes, hotel reservations, receipts for gifts and dinner, and passport stamps to prove that visits between spouses actually took place. Phone bills are an excellent way to confirm communication between spouses while separated.

Explain well
My final tip is to be thorough in explaining your evidence. Explain what each piece of evidence is and why you are submitting it. Handing a visa officer a pile of evidence without any explanation makes their job difficult. In submitting your application, your goal should be to make the visa officer’s job as easy as possible to approve your application as quickly as possible.

A thorough and complete application, leaving no questions to be answered, may even get you out of an interview and thereby speeding up your application processing. Visa officers are empowered with the discretion to waive interviews for applications where it is clear that the relationship is genuine. As such, the extra time that you put into gathering and explaining evidence will save you much hardship and hassle down the road.

While we all know that finding and maintaining true love is a lot of work, there is no need for an immigration application to follow suit. As when searching for that special someone, when completing a sponsorship application, be honest, open, convincing and thorough.

Source:http://www.canadianimmigrant.ca/settlingincanada/immigrationlaw/article/6701
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Canada seeks foreign workers

By: Patrick Thibodeau On: 10 Jul 2007 For: Computerworld (US online) Creator
For Colin Hansen, minister of economic development in British Columbia, Microsoft's decision last week to open a software development center in Vancouver was proof that Canada's strategy to grow its economy is working.

O Canada, indeed. No H-1B visa cap. An immigration system that favors tech workers. An exchange rate that puts the Canadian dollar almost at parity with its U.S. counterpart. And now an endorsement from Microsoft Corp. as a place to develop software.

For Colin Hansen, minister of economic development in British Columbia, Microsoft's decision last week to open a software development center in Vancouver was proof that Canada's strategy to grow its economy is working. And it's a strategy that is very dependent on foreign workers. Hansen said the economy in British Columbia is growing by as much as 4.5 percent a year, with technology being the fastest-growing sector. The province's total workforce is now at about 2.3 million people, and Hansen predicts 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, we will be short 350,000 workers, which will have to come through immigration," Hansen said.

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, said Evan Green, an immigration attorney and partner at Toronto-based law firm Green and Spiegel.

The government "recognizes that these people don't exist" within Canada, Green said. He added that 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, according to Green.

Microsoft, which is been a vocal critic of the H-1B program's restrictions, announced July 5 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."

It was a stick-in-the-eye announcement to opponents of legislative proposals to increase the H-1B cap, and it came as Congress prepares for the next round of that debate following the recent failure in the Senate of a broad immigration reform bill that would have raised the visa cap.

John O'Grady, an economic and statistical analysis consultant in Toronto, said he thinks Canada is becoming attractive to companies like Microsoft for more reasons than its immigration policies alone. "The pendulum is just beginning to swing in our favor," he said.

One thing that's helping Canada retain jobs and create new ones is the fact that the Canadian dollar now is trading at about 1.03 to the U.S. dollar -- much higher than in years past.

The Canadian Federal Immigrant Investor Program

All countries these days will be looking to their respective governments to inject money into crucial business sectors. Canada is no different in attempting to stimulate its economy via government spending; naturally the government will be looking for low-cost capital to fund things like infrastructure projects. This is where Canadian immigration can provide a source of investment capital. Individuals and managerial or entrepreneurial experience can qualify for a Canadian Permanent Resident Visa by investing with the Canadian government at zero interest for five years, under what is called the “Federal Immigrant Investor Program” (FIIP). It is one of three different categories of Canadian Business Class Immigration. They are Investor, Entrepreneur and Self-Employed Persons. Immigrants with a high net worth (in excess of 800,000 CAD) can expedite entry into Canada by investing 400,000 at zero interest with the Federal Immigrant Investment Program (FIIP) in return for a Permanent Resident Visa. The FIIP was developed by Citizenship and Immigration Canada to promote economic development by allowing well qualified business people to fast track their applications, reducing the processing time to around 16 – 18 months. Canada gets to use the Immigrant Investor’s money for five years with no interest. There is no risk to the immigrant investors; after five years they receive the full investment back. Less than 1% of potential immigrants to Canada apply for this program, possibly because they have to be invited to participate. They have to qualify so those who have revealed their net worth in the required amounts would be approached. There are normally about 7,000 Immigrant Investor applicants in queue in the FIIP awaiting assessment at any one time, all of whom are ready and eager to make their required 0,000 investment. They are simply waiting for their immigration processing to be completed. This translates to 2.8 billion in available capital that can be put to use in the funding of infrastructure projects.

Besides speeding up immigrant visa applications, there are other benefits to entering under the FIIP. Unlike the entrepreneur program where your business is monitored and reviewed by the Federal government, you are free to settle anywhere in Canada, take any job, go to school, or just enjoy life if your money supply allows it. None of the investor categories have language, education or business experience requirements. The Immigrant Investor and immediate family members gain Canadian Permanent Residency and in return Canada develops access to an inexpensive pool of capital to help fund its stimulus spending.

Canada has the world’s soundest banking system according to a survey by the respected World Economic Forum. Thanks to an economic system with institutions that most American politicians might brand as “socialist”, Canada will do much better than other Western nations to restore economic order. In fact many economists predict that Canada will be the first advanced country to come out of this worldwide economic crisis. Canada has a diversified economy with a low debt burden, flexible labor markets and proper fiscal management going back for more many years. Canadian banks have not needed the government bailouts that have become a necessity in the US and many European countries.

As far as immigration is concerned, Canada is a favored destination and consistently ranks as one of the top countries in the world for overall quality of life. And despite, or perhaps because of, the current global economic environment, many successful entrepreneurs and managers around the world are considering Canada as their destination of choice to begin a new life for themselves and their families.

Source: http://staringfrog.com/jobs/2010/04/the-canadian-federal-immigrant-investor-program/

Canada's most wanted: Semi-skilled workers

David Fuller discovers it is not only skilled workers that Canada is so desperate for

A recent article in Canada's Financial Post newspaper stated that the "shortage of skilled labour in Canada is reaching the point of a national crisis."

According to the newspaper, Canada's construction sector will need approximately 260,000 new workers over the next eight years, while it is estimated the mining industry will need around 10,000 people per year for the next ten years in order to stave off shortages.

It is not uncommon to read statistics such as this in the Canadian media, nor has it been for a good few years now. Indeed, it is because of the persisting skills shortages that Canada's immigration programme is currently so geared towards attracting skilled workers.

What doesn't tend to be so widely reported, though, is that industries deemed to be 'semi' or 'low' skilled such as trucking, food services, and tourism, are also in desperate need of workers.

As those of you familiar with the workings of Canada's federal Skilled Worker system will already be aware, in order to be eligible for emigration to Canada you need to have had work experience in occupations classed as Skill Level A (professional occupations) or B (occupations and skilled trades), or Skill Type 0 (managerial occupations) on the National Occupations Classifications list to be eligible for a visa.

This means people who only have experience in the aforementioned 'lesser' skilled occupations do not stand a chance of being awarded a federal skilled visa.

However, there are still opportunities available for workers deemed to be semi-skilled.

A number of Canada's provincial governments are realising that semi-skilled industry shortages could be as costly to their economies as those in skilled sectors, and have either introduced a semi-skilled stream (Alberta and BC) or a scheme designed to specifically target particular semi-skilled workers (for example, truck drivers in Saskatchewan and New Brunswick) through their Provincial Nominee Programmes (PNPs).

"Demand for semi-skilled workers certainly appears to be increasing," confirms Craig MacBride, the Public Affairs Officer at the Ministry of Advanced Education and Labour Market Development for British Columbia. "In 2006, BC employed 953,000 lesser-skilled workers, accounting for 45.5 per cent of the total workforce in the province, while in 2001, there were roughly only 806,000 lesser-skilled workers employed in BC – or 42.8 per cent of BC's total labour force. Therefore, during the period of the last two censuses, the number of lesser-skilled workers increased by 147,000 people," he adds.

What's more it is unlikely that there will be a decrease in the number of semi-skilled shortages in the foreseeable future.

"According to the 'Canadian Occupational Projection System – BC Unique Scenario', of the 1.1 million new job openings projected until 2015, 74 per cent will require a university degree or some form of post-secondary education," continues MacBride. "Twelve per cent of the new job openings will require some high school experience and 14 per cent will require high school

graduation. In absolute terms, there will still be close to 300,000 'low- and semi-skilled' jobs becoming available in BC during this period."

Upon announcing its 'Entry-Level and Semi-Skilled' PNP earlier this year, the BC government stated that current industry growth patterns reveal that the province's tourism/hospitality sector would require an additional 84,000 workers over the next ten years – or, to put it another way, one new job every hour over the coming decade. Little surprise, then, that this sector is particularly catered for through the scheme (see box, left).

In order to qualify for nomination, applicants must have been employed in an eligible occupation by a sponsoring company on a temporary work permit for at least nine months prior to the date of application to the PNP and must be legally employed by the sponsoring company at the time of application.

Source: http://www.emigrate2.co.uk/Jobs_and_Money_detail-139.htm

Canada/Mexico labour mobility pilot project now accepting applications

(Sep. 25/08) Mexico, Canada and four participating provinces including Alberta, British Columbia, Manitoba and Quebec are developing a pilot project for the recruitment of Temporary Foreign Workers from Mexico to Canada within two industry sectors: construction and tourism/hospitality.

The pilot is expected to be launched late fall with the first workers arriving early in the new year. The unique feature of this particular pilot project is that Mexico’s national employment service will play a role in identifying the eligible candidates for employers, who would then make the final decision regarding potential workers.

In the first year, the objective is for 2,000 workers to be identified through this initiative and split evenly among the four provinces. Each province can expect to receive approximately 500 workers divided between the two sectors. Alberta, British Columbia, and Manitoba have confirmed the following occupations for Mexico’s recruitment: within the hotel and lodging industry: front desk clerks and housekeeping attendants; within the food and restaurant industry: cooks, kitchen helpers, food counter attendants and food and beverage servers (Manitoba only).

The pilot project will allow for workers to receive up to a two-year work permit, consistent with the Labour Market Opinion. Employers will still be required to seek a positive Labour Market Opinion from HRSDC/Service Canada, and workers will still need to apply to CIC for a work permit. Employers in Alberta and British Columbia will be asked to absorb the costs of English testing, medical assessments and work permits in exchange for their participation in the pilot.

Alberta and Manitoba officials would like to limit participation to a few employers with foreign worker recruitment experience who are willing to apply for groups of employees in the designated occupations in order to help ensure the pilot is successful.

Provincial Tourism Sector Council organizations – go2 in British Columbia and MTEC in Manitoba – have agreed to coordinate the pilot project on behalf of the Tourism and Hospitality industries in British Columbia and Manitoba. They are currently developing application processes for employers.

Alberta government officials want to move quickly and are hoping to meet with CRFA and small group of interested employers in the coming weeks to discuss next steps in the process. Manitoba officials will be setting up a similar meeting shortly.

Canada badly needs skilled immigrants

The best immigration policy is controlled immigration. That has been the practice of successive Canadian governments since the end of the Second World War.

Immigration alone can't solve the epidemic of Canada's low fertility rate. It has never been designed to solve inherently local social problems.

Canada's aging population is just at the beginning of its ascendency. Just imagine what Canada would look like without the 250,000 to 260,000 immigrants that it is getting each year.

The Canadian Federation of Independent Business released a study in 2007 saying: "Sixty-nine per cent of small businesses expect the shortage of labour to get worse, but the immigration system does not come close to meeting the needs of smaller firms." Furthermore, by 2012 all labour growth in Canada will be dependent entirely on immigration.

In fact, in 2008 the government introduced a new category for immigrants called the Canadian experience class. It targets specifically international graduates and foreign workers already in Canada who most likely acquired language skills and basic knowledge of the country. We badly need these doctors, IT specialists, engineers, retail workers and general labourers in all trades.

The government is caught between a rock and a hard place: On one side, the business community keep lobbying and pushing for an immigration system that is adaptive and reflective of the economy's needs.

And, on the other side, demographers of all stripes and social conservatives are telling the government that immigration is not a solution and may well become a problem down the road.

By as early as 2015, a recent study by Statistics Canada predicts, Canadians aged 65 and older will, for the first time, outnumber those aged 15 and younger.

Immigration alone cannot change a demographic makeup of a country in one or two generations.

Columnist Dan Gardner is right in sending the message that producing babies, changing social habits and culture are more important and urgent than depending on foreign help to solve indigenous calamity that is heading our way. He is as thoughtful, elegant and well-prepared as ever.

Elie Nasrallah,

Source: The Ottawa Citizen

Ottawa to unveil proposals to reform refugee system

By Norma Greenaway, Canwest News ServiceMarch 28, 2010

Read more: http://www.montrealgazette.com/news/Ottawa+unveil+proposals+reform+refugee+system/2737289/story.html#ixzz0jXKTE3Hl

OTTAWA — Immigration Minister Jason Kenney will unveil long-awaited proposals to reform Canada’s refugee system this week in what he has portrayed as a serious bid to speed the approval process for legitimate asylum-seekers while clamping down on abuse of the system.

Kenney plans a two-day roll out of the proposed initiatives, beginning Monday at a news conference at the Catholic Immigration Centre in Ottawa. On Tuesday, he is expected to introduce the legislative package to implement the changes, his office said Sunday.

Among other things, the package is expected to speed the initial handling of refugee applications by using trained federal civil servants to do the initial assessment, as opposed to the current system where applications are heard by a one-man refugee board. It would be part of a new system to fast-track applications from a list of so-called “safe” countries where human and democratic rights are deemed to be honoured.

Officials say the new system would still provide asylum from such “safe” countries to citizens who can demonstrate they are persecuted. They say the government has taken into account that women, gays and lesbians and other minorities can face persecution even in democracies.

The “safe” country idea is among the most controversial of the measures that will likely be proposed this week. The Liberals have indicated they are open to the idea, but the New Democrats and Bloc Quebecois are opposed.

The reform package is likely to generate fierce debate in the minority Parliament and across the country, with several refugee organizations vowing to dig in to keep the system as open and fair as possible. One of the big questions hanging over Kenney’s head is how much money the government is willing to earmark for the changes, including a stepped up effort by the Canada Border Services Agency to make sure rejected claimants are removed quickly from Canada.

Kenney has said the government is determined to come up with a system that will speed the 18 to 20 months it now takes for asylum claims to be heard, thereby reducing the 60,000 backlog in claimants still waiting to get their day before the Immigration and Refugee Board. The legislation will still allow claimants to resort to the courts if the board rejects their claim, but it is expected to reduce some of the appeals avenues.

The legislation caps a months long campaign by Kenney to persuade Canadians the system is broken, and overly generous to “bogus” claimants, as he puts it. Canada accepts about 40 per cent of all claims, a higher percentage than many other industrialized countries.

Kenney brought attention to what he called a major flaw in the system when he decided last summer to force visitors from Mexico and the Czech Republic to obtain visitors visas before entering the country after there was a sharp spike in refugee applications from Mexicans and Czech citizens as soon as they landed in Canada. He has warned the numbers coming in from Hungary also are unacceptably high, but so far has refrained from requiring visitors to have visas before arriving.

Read more: http://www.montrealgazette.com/news/Ottawa+unveil+proposals+reform+refugee+system/2737289/story.html#ixzz0jXKfOAgQ

Proposed regulatory changes amending the Canadian temporary foreign worker program

Canada
March 23 2010
Seyfarth Shaw LLP logo

Citizenship and Immigration Canada (CIC), in cooperation with Human Resources and Skills Development Canada (HRSDC) and the Canada Border Services Agency (CBSA), has proposed amendments to the Immigration and Refugee Protection Regulations. Among the proposed regulations are four main regulatory changes that, if enacted, would dramatically alter the existing Temporary Foreign Worker Program (TFWP).

1. The TFWP would be amended to clarify the process for and establish the factors to be considered in assessing the genuineness of all offers of employment.

The proposed regulations provide a set of criteria by which immigration officers may assess the genuineness of an employment offer. The proposed regulations also clarify that genuineness will be assessed in all offers of temporary employment where an employer-specific work permit (as opposed to an open work permit) is required. Currently, there are no established factors by which an immigration officer may consider the genuineness of a temporary employment offer. However, before an officer can issue a work permit, he or she must be satisfied that there is an actual job opportunity for the applicant, that the employer is able to employ the applicant, and that the applicant is qualified and able to fill the proffered position.

Making a determination that a temporary employment offer is genuine will hinge on the following factors:

* Whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made;
* Whether the offer is consistent with the reasonable employment needs of the employer;
* Whether the terms of the offer are able to be reasonably fulfilled by the employer; and
* Consideration of the past compliance of the employer with federal or provincial laws that regulate employment in the province in which it is intended that the foreign national work.

2. Noncompliance would subject an employer to a two-year period of ineligibility to access the TFWP, as well as public notice of such ineligibility.

If it is determined that an offer of employment is not genuine (i.e., where an employer has been found to have provided significantly different wages, working conditions, or occupation than what was offered), the employer will be subject to a two-year bar from accessing the TFWP. Hence, the employer will be precluded from hiring any foreign nationals in Canada for a period of two years. In determining whether the bar will apply to a particular employer, the assessment would be undertaken at the time of the application or request and take into account any employment of temporary foreign workers in

the immediately preceding two years. In addition to being barred from use of the TFWP for the next two years, the employer’s name, address, and period of ineligibility to access the TFWP would be posted on CIC’s external website for public viewing. Please note that this determination of ineligibility will be made by the officer processing the application.

3. Work permits, with certain exceptions, would be issued for a maximum of four years in duration, followed by a period of six years in which the temporary foreign worker would not be authorized to work in Canada before a subsequent work permit could be issued.

Temporary work permits in Canada will only be issued for four years and will be truly “temporary” in nature. Once the fouryear maximum is reached, the foreign worker will be prohibited from seeking an extension or subsequent work authorization for a period of six years. The exception to this rule would be for foreign workers who perform work pursuant to an international agreement between Canada and one or more countries, such as NAFTA.

4. Established expiration dates for Labour Market Opinions (LMO)

According to the proposed regulations, HRSDC would be required to establish a period of time during which the LMO is in effect. The impact of such an expiration date would require employers to apply for a work permit for an employee within a specific time period or the employer would be required to request a new LMO.

Finally, these regulatory amendments would be applied prospectively; that is, they would apply only to those requests received by HRSDC and to applications received by CIC on or after the date on which the regulatory amendments come into force. It is expected that these regulatory amendments will come into force within the next six months.

Feds to introduce refugee-system reforms this week

CTV.ca News Staff

Date: Sun. Mar. 28 2010 12:48 PM ET

Ottawa will introduce new legislation this week to fix what it calls a broken refugee system that delays legitimate asylum claims while allowing bogus claimants to remain in Canada through a years-long appeals process.

Immigration Minister Jason Kenney said he will introduce a bill Tuesday that will offer faster protection for real refugees while scuttling the claims of those who use the refugee system to fast-track their way into Canada.

While he declined to reveal many specifics about the legislation, Kenney told CTV's Question Period that it will "streamline" the appeals process through which claimants who have been turned down by the Refugee Board endeavour to have their claims approved.

"It's a balanced reform," Kenney said in an interview from Montreal. "It will speed up the system and give faster protection to real refugees while sending the message to the bogus claimants that you're not going to be able to use the system in Canada anymore. We're going to remove you a whole lot more quickly."

According to Kenney, his ministry faces a backlog of 60,000 asylum claims, which has led to a 19-month waiting period for a hearing or a decision.

"That's terrible for real victims of persecution," Kenney said.

The minister said the slow-moving legal immigration system attracts false claimants who use the asylum system to "jump the queue" and gain entry to Canada "through the back door."

According to Kenney, 58 per cent of asylum claimants are found not to need protection and are either rejected by the Refugee Board, or withdraw their claims.

He pointed specifically to one "European democracy" that has become the number one source country for asylum claims, saying that 97 per cent of those who say they need protection withdraw or abandon their claims. Only three of 2,500 cases from that country that went before the Refugee Board last year were accepted, he said.

While Kenney did not name the country in question in Sunday's interview, earlier this month he said Hungary has become Canada's number one source country for refugee claims, at several hundred per month.

"This is telling me that Canada, with the highest number of asylum claims in the developed world, has become a destination of choice for false refugee claimants and it's simply burdening the system," Kenney said. "Each one of those claims can cost us as much as $50,000 and four-and-a-half years before they even exhaust all of the appeals under the current, totally dysfunctional system."

Kenney also said Sunday he will be introducing legislation later this spring to crack down on dishonest immigration consultants.

"We intend to come forward with legislative changes to crack down on the bogus, unscrupulous consultants and advisers who counsel people to commit fraud, who often take money and provide no services, and many of whom counsel immigrants looking for status in Canada to make false refugee claims."

Thriving Toronto tech firm shows wisdom of hiring immigrant talent

Samtack Computer Inc. doesn't believe Canadian experience is the best thing since sliced bread. 90 per cent of this tech firm's workforce is comprised of immigrants or folk trained outside Canada -- a hiring practice that has paid off big time.
3/26/2010 6:00:00 AM By: Nestor E. Arellan

Source: http://www.itbusiness.ca/it/client/en/home/News.asp?id=56957

"Help wanted. Canadian experience not necessary".

For many immigrants applying for jobs in Canada --be it as a factory worker or an IT professional -- those words are but a dream.

Unless, of course they happen to apply with Samtack Computer Inc. where having "Canadian experience" on your rƩsumƩ doesn't mean a thing.

As a job qualification Fouad Jazouli doesn't believe Canadian experience counts for much. "I respect it, but set greater store on a person's attitude," said Jazouli, vice-president of marketing and operations for the firm.

Jazouli is originally from Lebanon.

Based in the Greater Toronto Area, in the city of Markham, Ont., Samtack is one of the largest computer and parts distributing companies in Canada. It counts Wal-Mart, Future Shop and Best Buy among its clients. More than 90 per cent of its workforce -- from factory floor to the board room -- is comprised of immigrants who've been educated and trained outside Canada.

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For nearly 20 years now the company's hiring strategy has been to tap into skills of immigrants rather than turn away job applicants because they lack Canadian experience that many hiring managers seek from applicants.

The strategy has worked very well for Samtack, according to Royson Ng, president of the company and himself an immigrant from Malaysia. In the past nine years, the firm's revenues soared more than six-fold from $20 million to $130 million.

The icing on the cake was when the Toronto Region Immigrant Employment Council (TRIEC) recently awarded Samtack the RBC Immigrant Advantage Award in recognition of the company's efforts to hire newcomers. The Council's mandate is to create and champion initiatives that better integrate skilled immigrants in the Greater Toronto labour market

Living the Canadian dream

"I am living the Canadian dream and would like to give other newcomers a chance to achieve it to," said Ng whose first job upon landing in Canada, 19 years ago, was working as a gas jockey at the age of 32. The going was tough. Ng's wife was pregnant and his salary barely paid for their needs.

Ng managed to snag a position as a salesperson at Furture Shop. Within three months he was a manager in training, another three months later he was manager of the branch. Within two years, Ng became regional manager for Future Shop. Eight years later he left the electronics store to take up a vice-president's position with Samtack.

"I know immigrants have it in them to succeed. That's why we give them the opportunity and training to achieve that," he said.

Ng said his company has 115 employees and about 90 per cent come from countries such as China, Hong Kong, the Philippines, Lebanon, Sri Lanka, Africa and Malaysia.

Immigrants, typically, are hardworking because they come to Canada with a strong focus on getting a better life and providing for themselves and their families, he said. "They also usually have a great attitude, and you need that to succeed."

Immigrants with money -- keep them coming

By Don Cayo, Vancouver SunMarch 25, 2010



B.C. is doing much better than any other province at attracting immigrant investors, says a new study on my desk.

What the study doesn't say -- but what I think you'd find if you drilled deeper into the data -- is that Metro Vancouver is doing very, very much better. And the rest of the province, not so much.

I say this based merely on anecdote and casual observation, not the stuff of academic studies. But Roger Ware, an economics professor at Queen's University and one of the study's authors, agrees that immigrants tend to wind up in places like Vancouver, Toronto and Montreal. And he, like me, thinks it would be good policy to find ways to encourage newcomers to distribute themselves more evenly across the land.

Ware and two associates -- Pierre Fortin, emeritus professor of economics at Universite du Quebec, and Pierre Emmanuel Paradis, senior economist at Analysis Group -- found a lot of good reasons to want investor immigrants living nearby.

First and foremost, after 2-1/2 decades that Canada has been recruiting about 2,500 investor families a year (just three per cent of all our immigrants) this relative handful collectively adds about $2 billion a year to our economy.

In addition, they provide provincial governments -- mainly B.C., since we're home to 49 per cent of these new arrivals -- with $400,000 each in interest-free money that must be left on deposit for their first five years in the country.

Plus they come with an average of three family members -- more than most immigrants -- and they tend to be independent and well-educated.

Contrary to common perceptions, they also tend to commit to Canada. The study found that 80-plus per cent spend at least 10 months a year here, and they continue to do so years after they've immigrated.

Almost three quarters of Canada's new immigrants are of Chinese descent -- 29 per cent from Mainland China, 23 per cent from Hong Kong, and 22 per cent from Taiwan.

And investors who come to Canada tend to be younger than those who choose countries like Australia or the U.K., our competitors for attracting new citizens with money to invest. Ware speculates this might be because the $400,000 deposit required by Canada is less than these other countries demand, so we're affordable at an earlier stage in their careers.

While a relatively low financial requirement might be a positive when it comes to recruitment, Canada also has one big negative factor, he notes. This is the time it takes -- 31 months on average -- for our bureaucrats to process an application. This compares to 12 months in Australia, and just 14 weeks in the U.K. And it's getting worse as the number of applicants rises while processing capacity does not.

This is a shortcoming that Ottawa could deal with easily, assuming it wants to.

But the study also points to a deficiency -- and therefore an opportunity -- that the province could and should address. This is in the area of services available to help immigrants integrate into their new communities -- an area where many new arrivals find us wanting.

Although it's not the point of the study, this unmet demand might also provide a way for communities that are usually overlooked by immigrants to compete for a greater share. If they were to prepare a thoughtful and helpful welcome mat, so to speak, it might encourage at least a few newcomers to give them a second look.

Investor immigrants bring money, and money creates jobs. The $2 billion a year in continuing benefits is a big boon to Canada, and attracting young families is becoming increasingly important to communities where old folks will soon outnumber the young.

dcayo@vancouversun.com

Visit Don Cayo's blogs, one on tax issues and one on globalization, at www.vancouversun.com/blogs
© Copyright (c) The Vancouver Sun

The Canadian Government Must Expand Opportunities for Immigrant Investors, Study Concludes

Annual Contribution of $2 Billion to the Canadian Economy

TORONTO, March 24 /CNW/ - Three prominent Canadian economists recommend that the Canadian government expand its Immigrant Investor Program, which provides an annual contribution estimated at $2 billion to the Canadian economy.

A study released today by Analysis Group measured the economic impact of the Program, which was founded 25 years ago to encourage the immigration of individuals likely to provide a positive economic and social contribution to Canada. In the study, Roger Ware, Professor of Economics at Queen's University, Pierre Fortin, Emeritus Professor of Economics at UniversitƩ du QuƩbec Ơ MontrƩal and Pierre Emmanuel Paradis, Senior Economist at Analysis Group, conclude that Canada should welcome more immigrant investors, as they directly contribute to alleviating the country's demographic and economic challenges.

The authors of the study state that the "Immigrant Investor Program should be not only maintained, but expanded. It is financially profitable from a management standpoint, and results in the presence in Canada of thousands of affluent families who significantly contribute to the economy. Moreover, their demographic profile and the integration of the second generation directly contribute to respond positively to our future economic and social challenges. Also, because they still represent only 3% of new immigrants to Canada, their numbers may well be raised substantially."

Since its inception, more than 130,000 individuals have immigrated to Canada through the Immigrant Investor Program. About 34,400 of these immigrants were principal applicants and the rest were their family members. Program participants must demonstrate a net worth of at least $800,000 (all countries combined), commit to an interest-free investment of $400,000 for five years and possess adequate business and management experience.

Mr. Ware, Mr. Fortin and Mr. Paradis indicate that the Canadian Program is clearly competitive vis-Ć -vis similar initiatives designed to attract wealthy immigrants throughout the developed world. In addition, they recommend that Canadian authorities leverage the study's analysis as a starting point to optimise the Program's criteria and conditions compared to similar international initiatives and improve its weaker aspects. Specifically, they suggest reducing the processing time of applications, analysing the levels of initial contribution and wealth requirements, and improving the integration of new immigrants.

On the selection process, the study states that "although the number of applications processed reached an all-time high of 3,700 in 2008, it represented only half of the total number of applicants during this same year. A huge inventory has resulted from this excess demand, with nearly 9,000 files still waiting to be processed at the end of 2008."

The benefits of the Program include direct foreign cash inflows, productive use of investor funds, acquisition of personal assets (houses, cars, etc.) and personal consumption items, net productive contribution of immigrant workers and entrepreneurs, and the integration of second-generation immigrants in Canadian labour force and society.

Additional findings of the Analysis Group study include:

- top-5 countries of last permanent residence for immigrant investors
in Canada are China (29 %), Hong Kong (23 %), Taiwan (22 %), South
Korea and Iran. After 1999, mainland China became the main source
country, accounting for 53% of all investor immigrants;
- British Columbia is chosen as the primary province of settlement by
49% of all investor immigrants, followed by Ontario (23%) and Quebec
(22%);
- each immigrant investor is accompanied, on average, by three family
members, which is almost twice as much as in other economic immigrant
categories;
- the majority of immigrant investors were between 40 and 49 years old
at the time of immigration;
- educational attainment has substantially improved over time, as the
proportion of individuals with a high school education or less
dropped from 50% to 30% in recent years after 2000;
- immigrant investors are active players in the Canadian economy,
having acquired an average of $721,500 in personal and business
assets in Canada, including real estate;
- a majority of immigrant investors (82% of respondents) reside in
Canada on average between 10 and 12 months a year. About 90% of them
bought an apartment or house after settling in the country;
- among self-employed immigrant investors, some 30% were active in
business in Canada, with 12% having invested more than $1 million in
business assets;
- about 80% participated in philanthropic activities by donating their
time and/or financial support to a charity organization.

Canadians immigration looks at future skills needs as economy improves

Posted on 23 March 2010 by Apostolos Papapostolou
Source: http://canada.greekreporter.com

The Canadian economy is doing better than expected. There are increased job opportunities, overall trade data including oil exports are on the up. It is against this background that Immigration Minister Jason Kenney announced recently a consultation to identify likely future skills needs. Canadian immigration will look at possible changes to make it easier for immigrants with the right skills to gain entry to Canada.
The Canadian Government would like views of Canadian on steps to take to make sure that Canada fully recovers from the recent Worldwide economic recession. The consultations will consider worker shortages in trades and professions in Canada. It will also look at factors that affect an immigrant’s ability to find a job in Canada.

The immigration consultations will help with the development of instructions to immigration officers on which economic immigration applications should be eligible for processing to help meet Canada’s skilled labour needs. The Action Plan for Faster Immigration resulted in the first set of instructions being issued in November 2008 which kept the backlog of applications from growing, and reduced the waiting times for immigrants.
“The Action Plan for Faster Immigration is designed to make immigration more responsive to Canada’s economic conditions. When these conditions change, the instructions are meant to change too,” said Minister Kenney. “The first set of instructions has had a significant impact, but our research shows it is time to revise them to make sure they continue to meet their goals.”
Canadian immigration says that the Action Plan for Faster Immigration has reduced the federal skilled worker category backlog by 40 percent. Previously there was a backlog of 600,000 applicants. Canadian skilled worker immigration applications are now dealt with within a year. This compares with processing times of perhaps six years under the old immigration system.

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