Deal to smooth firms’ access to overseas workers

Image via WikipediaOttawa, N.S. agreement does away with market survey
By DAVID JACKSON and EVA HOARE Staff Reporters
Wed, Feb 2 - 4:55 AM

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)

Common-Law Couples & Immigration to Canada

Image 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.


 

Related articles

• Canada Sponsor Visa (socyberty.com)
• Making Up a Marriage (cbc.ca)
• Common law doesn't have the same entitlements as legally married (calgaryherald.com)
• First comes love, then comes cohabitation (thestar.com)
• Couple survives immigration ordeal (cbc.ca)
• Man fights deportation after 32 years in Canada (thestar.com)