Deal to smooth firms’ access to overseas workers

View toward halifax, Nova Scotia as the ferry ...Image via WikipediaOttawa, N.S. agreement does away with market survey



Companies that may need overseas workers for big projects will have an easier time bringing them in under an agreement the province will sign with Ottawa.
Employers wanting to bring in temporary foreign workers now need a federal labour market opinion from Service Canada that says they’ve exhausted efforts to hire qualified Canadians or permanent residents and must look elsewhere.
Elizabeth Mills, executive director of the province’s Office of Immigration, said the new agreement will allow the province to write to Citizenship and Immigration Canada in support of the employer, allowing the employer to skip the step of the labour market opinion.
"In certain circumstances where the province . . . sees that an employer needs workers in a particular big project or economic development initiative, then we will write a letter of support requesting a temporary work permit be issued for a worker or workers in that area," Mills said Tuesday.
"We may also support a group of foreign nationals in a specific occupation. So, for example, if there’s a big project going on, the company is unable to hire people locally, and they need a group of workers to come over with specialized skills, then we can write a letter of support for that."
Another aspect of the agreement will grant a work permit to the spouse and working-age children of the foreign worker.
A third new measure deals with Canadians or permanent residents who marry foreign nationals. Mills said the foreign nationals will be able to get a work permit while temporary residents and waiting for their applications for permanent residence is being processed.
She said about 2,500 foreign workers come to the province annually.
Mills said the changes on temporary foreign workers come out of a 2007 agreement on immigration that the province signed with Ottawa. An annex to that agreement was to cover that group.
She said most other provinces have, or are working on, similar agreements with Ottawa.
Mills said she isn’t sure when the agreement will be signed, but hopes that will happen before the next federal election.
Well-known Nova Scotia immigration lawyer Lee Cohen lauded the move as a good step toward strengthening the economy because there are shortages of various levels of skilled workers.
"What was happening was Nova Scotia was bringing into the province more and more highly skilled people while positions for lesser skilled people were not being filled," Cohen said in an interview Tuesday.
"So instead of only seeking higher skilled workers, they wanted to seek workers in demand," he said. "It’s a fantastic thing. It’s a great step in the right direction."
Cohen said Nova Scotia has too many people who are highly educated but are being told they’re overqualified for positions, and conversely, not enough people to fill other openings, such as those found in the hospitality industry. "Hotels are finding it impossible to get room attendants."
The Halifax lawyer said he’d been told a few months ago that this change was underway, and hopes the next level to be addressed will be that of the entrepreneur.
"What I’ve been waiting for from these guys for such a long time is some kind of entrepreneurial category."
( djackson@herald.ca)



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Common-Law Couples & Immigration to Canada

Maggie & James - WeddingImage by seanmcgrath via Flickr
By Katherine at Legal Language
Posted 02/02/2011
In Immigration
anada is one of only a few countries to allow common-law couples to take advantage of the family immigration process.
Proving the validity of a common-law relationship can be difficult, however, and Citizenship & Immigration Canada will deny applications that don’t meet some strict criteria.

Definition of Common-Law Marriage in Canada

Couples whose relationships are defined as marriages or common-law marriages are eligible for immigration to Canada through family sponsorship if one person is a Canadian citizen or permanent resident.
Citizenship & Immigration Canada, Canada’s federal immigration agency, defines a common-law marriage as two people of the opposite or same sex who have lived together for at least one full year and have significant commitments — emotional, financial — to one another.
While the definition of a common-law relationship may seem lenient, it is important to be aware of certain criteria to be met in order for a common-law marriage to be accepted by immigration officials.

Common-Law Marriage & Immigration Regulations

Common-law marriages are closely inspected and scrutinized by Citizenship & Immigration Canada for the same reason that US Citizenship and Immigration Services rejects them outright — many people lie about the nature of their relationship just to be eligible for immigration.
Though CIC’s definition of a common-law relationship may be lenient, it does require extensive proof that the relationship is real — and this can pose problems even for bona fide couples.
Evidence that you are in an emotional relationship, share a home and support each other financially will need to be provided.

Proof of a Common-Law Marriage

The key to this is preparation and timing.
As soon as you know you will want to apply for immigration to Canada you should look at mortgage or rental agreements, utility bills (such as those for electricity, gas, water, internet and television), bank accounts and investments. Make a list and note whose name is included on each.
Many couples split the cost of living, which Citizenship & Immigration Canada accepts as proof of a common-law marriage.
However, many couples do this by assigning certain bills to an individual person instead of putting two names on the account. Immigration officials may view this as “roommate behavior” instead of the behavior of a financially and emotionally invested couple. Citizenship & Immigration Canada will be looking for utility bills that include the names of both parties.
This also goes for leases, deeds or other evidence of home ownership or rental. While you may have rented or bought a place before a second person moved in, it’s very important to add your partner’s name to the paperwork. Establishing the amount of time you have spent living together is vital to determining if your relationship can be deemed common-law.
Joint bank accounts are also good evidence of a committed couple, as are birth certificates of any children you may have had or adopted together. To a lesser degree, photos, correspondence and even travel tickets and itineraries can be used as proof of a common-law marriage.
This is not to say you must have both names on everything — Citizenship & Immigration Canada understands that not every couple will share absolutely everything. Many legally married couples, for example, have separate bank accounts or a house in one name.
But keep these tips in mind while you’re filling out an application — Canadian immigration officials are more likely to question or even deny an immigration application that a common-law couple submits.


 
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Total complete applications received since June 26, 2010

The Centre Block on Parliament Hill, containin...Image via Wikipedia On June 26, 2010, the eligibility criteria for Federal Skilled Worker applicants changed.
Between June 26, 2010, and June 30, 2011, a maximum of 20,000 complete Federal Skilled Worker applications will be considered for processing. Within the 20,000 cap, a maximum of 1,000 Federal Skilled Worker applications per eligible occupation will be considered for processing within this same time frame.
These limits do not apply to applications with an offer of arranged employment (job offer).
Applications received toward the overall cap: 7,156 of 20,000 as of January 31, 2011

Applications received per eligible occupation:

Eligible Occupation
(by National Occupational Classification [NOC] code)
Number of Complete Applications Received*
0631 Restaurant and Food Service Managers 480
0811 Primary Production Managers (except Agriculture)  77
1122 Professional Occupations in Business Services to Management 1,000
(Cap reached)**
1233 Insurance Adjusters and Claims Examiners 151
2121 Biologists and Related Scientists 456
2151 Architects 429
3111 Specialist Physicians 359
3112 General Practitioners and Family Physicians 433
3113 Dentists 507
3131 Pharmacists 736
3142 Physiotherapists 171
3152 Registered Nurses 1,000
(Cap reached)**
3215 Medical Radiation Technologists 29
3222 Dental Hygienists and Dental Therapists 13
3233 Licensed Practical Nurses 91
4151 Psychologists 97
4152 Social Workers 313
6241 Chefs 72
6242 Cooks 147
7215 Contractors and Supervisors, Carpentry Trades 69
7216 Contractors and Supervisors, Mechanic Trades 174
7241 Electricians (except Industrial and Power System) 97
7242 Industrial Electricians 107
7251 Plumbers 29
7265 Welders and Related Machine Operators 33
7312 Heavy-Duty Equipment Mechanics 28
7371 Crane Operators 2
7372 Drillers and Blasters – Surface Mining, Quarrying and Construction 9
8222 Supervisors, Oil and Gas Drilling and Service 47
*The number of complete Federal Skilled Worker applications received as of January 31, 2011 is approximate.
**Once the cap has been reached, we can only accept applications for this occupation from people with an existing offer of arranged employment.
NOTE: Because application intake fluctuates, these figures are meant as a guide only. There is no guarantee that an application sent in now will fall within the cap.


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Foreign-trained Nurses are Just What the Doctor Ordered

British nurse in nurses' station.Image via Wikipedia
An aging population combined with a shortage of nurses is a dangerous combination for the Canadian health care sector. The number of practicing nurses is declining worldwide and in Canada, the shortage of nurses is causing longer hospital wait times and a decrease in the quality of service provided.
Canadian nurses themselves are part of the problem. In the province of Quebec alone, over 71,000 nurses are now over the age of 55 and are quickly approaching retirement. Canadian nursing schools are not producing enough graduates to fill the nursing vacancies and because of this shortage, countless nurses are required to work over-time. As Canada is not producing enough nurses, foreign-trained nurses may be the best prescription.
Canadian immigration programs, such as the Federal Skilled Worker Program, target specificoccupations that are in high demand in Canada, like Registered and Licensed Practical Nurses. Last June, the Federal Skilled Worker Program was adjusted so that only 1,000 applications would be accepted for each of the 29 eligible occupations. As of December 2010, Registered Nurses had already reached the cap limit.
Attorney David Cohen offers the following advice for nurses, “Although the Registered Nurses occupation has reached its cap limit under the Federal Skilled Worker Program, Licensed Practical Nurses still have over 800 spots available. An applicant needs one year of paid work experience as a Licensed Practical Nurse within the past 10 years in order to qualify, even if they are not currently working as a nurse. As well, there are many other immigration programs available for nurses, such as the Quebec Skilled Worker Program and the numerous Provincial Nominee Programs. Nurses can also obtain a work permit for Canada once he/she has a job offer from a Canadian employer.” Many Canadian hospitals are currently in desperate need of nurses. Because of its shortage of nurses, one hospital in Quebec, has recently announced that they respond to any nurse who submits a resumé within 1 hour.
All nurses, including those who are internationally trained, are required to be certified by a provincial regulation body before they are able to practice in Canada. Registered Nurses, except those wishing to practice in Quebec, must also pass the Canadian Registered Nurse Examination. Canada’s Economic Action Plan and the Foreign Credential Recognition Program are working together to assist foreign workers to better integrate into the Canadian workplace. The assessment of foreign credentials and experience is currently being streamlined for 8 priority occupations, including Registered Nurses, meaning their credentials will be evaluated in less time compared to other occupations. The next set of 6 priority occupations will include Licensed Practical Nurses.
If you are a foreign-trained nurse who wants to immigrate to Canada, there has never been a better time to apply.
Source: Canada Immigration newsletter


 
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Post Grad Work Permit Program Expanded

DowntownNelsonBCImage via WikipediaOperational Bulletin 262 – January 31, 2011
Launch of a Pilot Program to Expand the Post-Graduation Work Permit Program for International Students Graduating from Designated Private Post-Secondary Institutions in British Columbia

Summary

Effective January 31, 2011, the Post-Graduation Work Permit Program (PGWPP) has been expanded to include international students who have completed career training programs of eight months or longer at select private educational institutions in British Columbia.

Issue

Under a two-year Pilot Program with British Columbia, the PGWPP has been expanded to include international students graduating from select British Columbia Education Quality Assurance (EQA)-designated private post-secondary institutions in programs of eight months or longer.


IMPORTANT: All work permits (WP) issued under this Pilot Program must be coded as indicated below (see Special Program Code under System Instructions) to support an effective evaluation of the Pilot.

New Pilot Parameters

This Pilot will be in effect between January 31, 2011, and January 31, 2013, inclusively and may be extended with a mutual agreement between the parties. These dates refer only to the period in which qualifying WPs can be issued and not to the duration of the WPs. The terms of the Pilot will apply only to qualifying foreign nationals who have graduated from eligible programs of study at select EQA-designated, private post-secondary institutions in the province of British Columbia (see list under Eligible Institutions).

Pilot Procedures

All of the general eligibility criteria, conditions of the WP and processing procedures for the PGWPP will continue to apply in conjunction with the following guidelines for the Pilot Program:

A) Eligible Participants

Applicants wishing to participate in this Pilot Program must meet the following additional criteria to qualify for a WP:

· Must have graduated from one of the EQA-designated private post-secondary institutions in the Province of British Columbia designated by the Province of British Columbia as eligible institutions for the purposes of this Pilot which are listed below “Eligible Institutions” during the validity period of the Pilot Program; and

· Must have completed a program of study that is at least eight months in length and received a degree, diploma or certificate upon completion. Furthermore, only career training programs will qualify for this pilot. General interest courses, or programs of study that consist primarily of English or French as Second Language instruction will not qualify.

B) Eligible Institutions

The following EQA-designated institutions have been named by the Province of British Columbia as eligible institutions under this Pilot Program:

· Degree-Granting Institutions: Alexander College; Columbia College; Fairleigh Dickinson University Vancouver; Quest University Canada; Sprott-Shaw Degree College; Trinity Western University; University Canada West; and

· Non-Degree Granting Institution: Arbutus College of Communication Arts, Business and Technology; Ashton College; Centre for Arts and Technology; Eton College; John Casablancas Institute of Applied Arts; Mountain Transport Institute Ltd.; MTI Community College; Pacific Institute of Culinary Arts; Sprott-Shaw Community College; Stenberg College; Vancouver Film School.

C) Post-Graduation Work Permit Issuance

· Consult section 5.24 of Overseas Processing (OP) 12 Manual – Students.

· Use labour market opinion (LMO) exemption code C-43 in conjunction with paragraph 205(c)(ii) of the Immigration and Refugee Protection Regulations in support of the “competitiveness of Canada’s academic institutions or economy.”

· Verify the eligibility of applicants pursuant to existing procedures to ensure that they meet the requirements of the pilot and the broader PGWPP.

· Issue an open or open/restricted (depending on medical examination requirements, if applicable) WP to eligible applicants.

D) System Instructions

Special Program Code: Officers are required to use the NEW Special Program Code “ISP” (the long description is International Student Pilot Program for B.C.) in FOSS, GCMS, CAIPS, or, for inland processing, in the drop-down menu in the CPC system under “Special Programs”, for applicants meeting the requirements of the Pilot. The use of this special program code is mandatory and it will be important for statistical research, evaluation and policy development purposes.

E) Validity and Duration

A WP issued under this Pilot, like any other issued under the PGWPP, may be valid up to a maximum of three years depending on the duration of the program of study. If the program of study is two years or more, the student may be eligible for a three-year WP. Should the program of study be less than two years but at least eight months, the student may be eligible for a WP lasting for a period equal to the duration of the studies. For example, if the student graduated from an eight-month certificate program, he or she may only be eligible for a WP of an eight-month duration.

F) Program Integrity Monitoring

To remain eligible to participate in this Pilot, an institution must continue to maintain its EQA designation and comply with the guidelines of the Pilot and the Immigration and Refugee Protection Act (IRPA) and its Regulations. In circumstances where an institution loses its EQA designation, the Province of British Columbia will notify Citizenship and Immigration Canada (CIC) and the graduates of the institution in question will no longer be eligible for the Post Graduation WP as of the day the institution loses its EQA status. However, in the interest of administrative fairness, all applications received by CIC before the date of the EQA revocation, will be processed accordingly.

Note: An institution may be removed from participating in this Pilot if that institution is found to be non-compliant with the Pilot’s guidelines and/or IRPA and its Regulations.

G) Program Evaluation

Ongoing monitoring and evaluation will be performed in partnership with the Province of British Columbia to determine the success of the Pilot Program.

H) Further Information

For additional information relating to the PGWPP, please refer to the CIC website atwww.cic.gc.ca/english/study/work-postgrad.asp.



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Bienvenue a Québec! – Quebec’s Skilled Worker Program

Le château Frontenac –Vieux-Québec / Old Quebe...Image via Wikipedia
Quebec is Canada’s largest province in terms of size and is often referred to as “La Belle Province” or the beautiful province in the rest of Canada. Known for its European-style cities, such as Montreal, Quebec is a prime destination for immigrants from all over the world.
The Quebec Skilled Worker Program is specifically designed for applicants who intend to reside in the Province of Quebec. The program consists of two phases: the issuance of a Quebec Selection Certificate followed by the issuance of a Canadian Permanent Resident visa.
i. Quebec Selection Certificate
The first step in obtaining a permanent resident visa through Quebec is to obtain a Quebec Selection Certificate (CSQ). A CSQ is a document issued by the Quebec immigration authorities (Immigration et Communautés Culturelles Québec) indicating that the applicant designated on the certificate has been selected to reside within the Province of Quebec. The CSQ is not a permanent resident visa, but rather authorization by the province to apply for permanent residency. In order to qualify for a CSQ, an applicant must score at least 49 points (or 57 points with a spouse or common-law partner) in the following 10 selection factors:
Education – a maximum of 28 points can be obtained for education and area of training;
Age – a maximum of 16 points can be obtained for applicants between the ages of 18 and 42 years of age;
Experience – a maximum of 8 points can be obtained for work experience;
 Language proficiency – a maximum of 22 points can be obtained for French and English proficiency;
Stay and Family in Quebec – a maximum of 8 points can be obtained for having stayed in Quebec or for having family living in Quebec;
Validated Employment Offer – a maximum of 10 points can be obtained for having a valid employment offer in Quebec
Financial Self-Sufficiency – an applicant must obtain 1 point to qualify and must meet a minimum funds requirement;
Spouse’s Characteristics – an applicant can obtain up to 16 points for a spouse’s (or common-law partner’s) education, area of training, age, and language proficiency;
Children – a maximum of 8 points can be obtained for children;
Adaptability – a maximum of 6 points can be obtained upon the interview for adaptability.
Once all supporting documents have been submitted to the Quebec visa office, the application is assessed against the Quebec Skilled Worker selection criteria. The majority of applicants who meet the requirements are then called for an interview, which is a great opportunity for applicants to express their motivation and desire to reside in Quebec. Upon the completion of a successful interview, a CSQ is issued.
ii. Permanent Resident Visa
After the CSQ has been issued, an applicant submits the certificate, along with forms and supporting documents, to the federal immigration authorities who assess the applicants for medical and security purposes. The applicant and family members are then granted Canadian Permanent Resident visas.
As French is the predominant language in Quebec, all applicants must demonstrate, at least, a willing to learn French. Some applicants will require a higher score in French language proficiency if they are lacking points in other selection factors.
Why the Quebec Skilled Worker Program Is Good For You
The Quebec Skilled Worker category of immigration is more sophisticated and complex than the Federal Skilled Worker Program. The Quebec selection system is based on a “human capital” model and unlike most provincial nominee programs, an applicant does not require a job offer to qualify. Unlike the Federal program for skilled workers, Quebec does not limit the number of applicants by specific occupation. Many applicants, such as Registered Nurses and Computer/IT Specialists to name just two, no longer qualify for the Federal program as their occupation is no longer on the list of qualifying occupations or that their specific occupation’s cap limit has been reached. The Quebec Skilled Worker Program offers these people a new opportunity for permanent residency and with so many ways to qualify under the Quebec Skilled Worker Program, all we can say to you is “Bienvenue a Québec!”

Source: Canada immigration newsletter




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Canada is a happy place

The clock in Downtown Vancouver displaying a c...Image via Wikipedia

Dan Chalcraft

Posted 10 hours ago


Just think for a minute: What makes you happy? Well, for many people the word "happy" begins with a sufficient amount of money to enjoy life and be comfortable such as to have the ability to do what you want and buy what you want.
These material items could include a nice home, cars, clothes, participating in leisure activities along with food to eat. However, being happy in life is much more than having money and materialist objects. Furthermore, it means being healthy, being free from pain or injury, being self sufficient and enjoying time with family and friends. In addition, being happy is based on being able to speak what's on your mind without fear, to worship the God of your choosing and to feel safe and secure in your own home. Happiness means having opportunity to get an education and to be an entrepreneur.
Now, that I've explained happines , researchers at the Legatum Institute, a London-based non-partisan think-tank set out five years ago to rank the happiest countries in the world. They referred to it as the 2010 Prosperity Index since 'happy' carries a more softer connotation to it. It ranks 110 countries and covers 90 per cent of the world's population.
To properly categorize each county, the London-based think tank gathered upwards of a dozen international surveys completed by groups such as the Gallup polling group, the Heritage Foundation, and the World Economic Forum. Each country is ranked on 89 variables sorted into eight subsections: economy, entrepreneurship, governance, education, health, safety, personal freedom and social capital.
Canada is often the place where people want to be so they can be in a place where they are accepted for who they are and can contribute to be a productive members of sociey. Canadians are known as happy people; an example of that pride, joy and happiness could be seen at the 2010 Winter Olympic and Paralympic Games in Vancouver, British Columbia in February and March of 2010. According to the Index, Canada was ranked as the seventh happiest country in the world due to it's place as a country where personal freedom is plentiful, and immigrants are welcomed. Corruption is very low, and social capital is high with Canadians eager to help others and donate to charity.
Seventy-five per cent of people believe their city is a good place to start a business which provides opportunity and entreneurship. It indicates that business startup costs are inexpensive, technology is thriving with there being a lot of cell-phones and plenty of secure Internet servers and a pre conceived notion that working hard gets you ahead. Norway was ranked as the most prosperous county due to having the world's highest per capita gross domestic product. Norwegians have the second highest level of satisfaction with their standards of living at 95 per cent. Norwegians say that they are satisfied with the freedom to choose the direction of their lives. Being a small country helps as they don't face the same challenges of big countries like having so many disparate groups such as ethnic, geographic, and civic battling against each other.
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Brain Gain' Pilot Project Launched in Ontario

Canadian parliament from the Musée Canadienne ...Image via Wikipedia
OTTAWA, ONTARIO--(Marketwire - Jan. 30, 2011) - More Canadians working abroad could soon return home and contribute to Canada's economy, thanks to an innovative pilot project launched in Ontario, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.
"It's a reverse brain drain," said Minister Kenney. "We're making it easier for Canadians abroad to bring their skills home and contribute to the Canada of tomorrow."
For some Canadian workers living abroad, an obstacle to returning to Canada is that their non-Canadian spouse, common-law partner or dependent children may be unable to work until they are processed as permanent residents, which usually takes between six months and one year.
Since November 22, family members of Canadian citizens and permanent residents returning to work in Ontario in the health care and academic sectors have been able to get temporary work permits immediately upon arriving in Canada. Ontario's health and academic sectors have faced significant skill and labour shortages in recent years and were identified as the most appropriate sectors for the pilot project.
"By encouraging highly-skilled workers to come back to Canada, we are laying the foundation for long-term economic growth," added the Minister. 
A pledge to establish this pilot project was included in the 2008 Temporary Foreign Worker agreement between the Government of Canada and the Province of Ontario. It is operating on a trial basis until May 22, 2012. Upon completion of the pilot project, the government will evaluate the initiative's effectiveness.
For more details on this initiative, please see the Backgrounder.
Follow us on Twitter at www.twitter.com/CitImmCanada 
BACKGROUNDER
Ontario Pilot Project for Spouses, Common-Law Partners and Dependents of Returning Canadian Workers
This pilot project in Ontario allows spouses, common-law partners and dependent children of certain Canadian citizens and permanent residents returning to Ontario, to receive open work permits that would allow them to accept any job with any employer in the province.
To be eligible to participate in the pilot, applicants must:
  • be a spouse, common-law partner, or dependent child of a Canadian citizen or permanent resident returning to work in Ontario,
  • have an application underway to immigrate to Canada through sponsorship in the family class,
  • be old enough to work in Ontario,
  • meet all admissibility criteria to come to Canada as a temporary resident.
The sponsoring spouse or parent must:
  • be a Canadian citizen or permanent resident;
  • have left Canada and be returning to work permanently in Ontario, as a health professional or an academic for post-secondary public institutions, in one of the specified occupations listed below;
  • with their employer, obtain a letter from the Province of Ontario confirming their employment, location and occupation and provide it as supporting documentation with the work permit application; and
  • have submitted an application to CIC to sponsor their spouse or dependent child.
List of specified occupations
Health Professionals
Post-Secondary Education (Academics) for Public Institutions
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