The Canada Border Services Agency arrested 30 people Monday in raids targeting illegal foreign workers in shopping malls in Gatineau and Ottawa.
"Those people are currently being detained and will have a detention review hearing Thursday in Montreal," said CBSA spokesman Stephane Malepart.
Malepart said the people arrested were working at kiosks selling beauty products at Bayshore Shoping Centre, Place d'Orleans, Carlingwood Mall, St. Laurent Shoping Centre, Hazeldean Mall, Billings Bridge Shopping Centre, Les Galeries de Hull and Les Promenades de l'Outaouais.
Malepart said the arrests happened toward the end of the business day.
He said more information will be released at the detention review hearing, which must be held within 48 hours of an arrest. Those arrested may be detained longer pending an admissability hearing if they are deemed a flight risk or danger to the public by the presiding Immigration and Refugee Board member. They can also be released or released with conditions, Malepart said.
A similar arrest happened in Gatineau in November, Malepart said.
Manitoba’s auditor-general is reviewing an initiative designed to bring immigrant investors to the province in light of scandals plaguing similar programs in the Maritimes.
There has been no suggestion of wrongdoing in Manitoba; but scathing audits, fraud allegations, lawsuits and RCMP investigations in the Atlantic provinces have raised concerns thousands of kilometres away.
It was an area we thought there was a high risk that there could be problems,” said Manitoba Auditor-General Carol Bellringer in an interview with The Globe and Mail. “We wanted to find out how that whole investment part worked, and if there was any potential for [immigrants] to be taken advantage of.”
Ms. Bellringer said the audit can delve into any aspect of the program’s administration – from financial and human-resources management to its information system. “It all depends once we’re into the details of it, which areas are of highest risk,” she said. “We start the audit with a blank page.”
The investor stream is part of a broader provincial nominee program that allows provinces to hand-pick immigrants, usually through direct employer sponsorships or, as in this case, by inviting people to inject tens or hundreds of thousands of dollars into the local economy for the privilege of permanent residency.
This is supposed to be the new face of Canadian immigration – a localized, market-responsive alternative to the traditional point system of selecting skilled newcomers. The latter has become notorious for supplying the country with legions of taxi-driving engineers while employers in other regions and sectors grapple with labour shortages.
Immigration Minister Jason Kenney has credited the provincial nominee program with better matching immigrants to employers. He argues it has also injected needed growth and diversity into rural corners of the country whose populations had been declining.
Nowhere is this more true than in Manitoba, which has become the poster child for successful provincially driven immigration. It has attracted by far the most newcomers – more than 12,000 of the 36,000 nominees nationally in 2010. In addition to the thousands of skilled workers sponsored annually, says Enterpreneurship, Training and Trade Minister Peter Bjornson, “we’ve got a waiting list of people who want to come and invest in Manitoba."
Manitoba is banking on its record of success to persuade Mr. Kenney to give the province more leeway in how many people it is allowed to bring in.
“We feel there’s a bit of a tight leash right now. … We think that's quite restrictive.We would like to see that change,” Mr. Bjornson said. “We have a great example of how the program can work well.”
But Mr. Kenney says he’s considering moving in the opposite direction.
"We do have some concerns with the program," he said in an interview. “We are not going to continue with the rate of growth in the program over the past few years until we’re able to sit down with the provinces and make sure our concerns are addressed,” he said.
His department is conducting what he calls a “major study” of the program in the wake of a series of scandals in Prince Edward Island, Nova Scotia and New Brunswick. That report, originally due this fall, is supposed to come out in "early 2012," according to a spokeswoman for Mr. Kenney.
In all three provinces, audits found the programs’ goals were poorly defined. Where they were defined, they weren’t measured, and what could be measured fell short or failed to comply with the provinces’ own rules – especially in their investor-specific streams.
PEI’s nominee program fast-tracked thousands of immigrant investors after the federal government announced plans to suspend that stream. Nova Scotia settled a class-action suit in September. Some Chinese immigrants who came to New Brunswick have also filed lawsuits, claiming they invested in bogus schemes. Many more have simply moved to Vancouver, Toronto or Montreal.
“The real focus was on the head count,” says Kurt Peacock, immigration project officer with Enterprise Saint John. “They wanted to bring more immigrants each and every quarter, and there wasn’t as much attention paid to how those newcomers that have already arrived are faring.”
Mr. Kenney puts it more bluntly.
“Passive investor streams are problematic. There’s a lot of money that moves around, you get promoters and agents involved,” he said. “Where this program works best, in my view, is where it’s based on an arranged employment offer for a skilled trades person.”
Ms. Bellringer’s attention was piqued when her Nova Scotia counterpart came to her office seeking help with forensic investigations into the province’s nominee program.
“We thought, ‘Wow, that sounds pretty serious. … We’d better make sure there isn't a problem here,’” Ms. Bellringer said.
Rosemary Lu and Jack Yang were among New Brunswick’s first immigrant investor s when they arrived in Saint John with nine-year-old twins in 2006. But their business partnership soured. She spent years waitressing and teaching English; he installed windows for a contracting company.
They got fed up, launched a lawsuit and moved to Toronto. Their new restaurant, Fleur de Lys, has been open since June.
“We couldn’t keep going,” Ms. Lu said. “It’s a good idea … if you don’t get taken advantage of.”
Immigrants to Canada claim a stronger knowledge of the country's history than those who were born here, according to one of the surprising results of a nationwide survey probing Canadians' grasp on the past.
More than 2,300 people were polled this fall by the Montreal-based Association for Canadian Studies for a year-end report that explores respondents' perspectives on Canada's history, including how they assess their own command of the subject.
About 82 per cent of survey respondents who identified themselves as being born outside of Canada claimed to have "very strong" or "somewhat strong" knowledge of Canadian history. In contrast, only about 70 per cent of respondents born in Canada rated their historical knowledge strong or very strong.
Notably, nearly twice as many immigrant respondents (27 per cent) as born-in-Canada citizens (16 per cent) described their history knowledge as "very strong."
ACS executive director Jack Jedwab suspects the reason immigrants are more likely to claim a solid command of Canadian history is that they have - in many cases quite recently - been required to familiarize themselves with highlights of the country's past as part of the process of gaining citizenship.
"Those people are exposed to our citizenship test, which has a historical dimension," said Jedwab, referring to the examination that immigrants must pass before becoming full-fledged Canadian citizens.
While native-born citizens get a Canadian history education during their elementary and secondary schooling, they don't get the "refresher course" newcomers receive in their quest to gain citizenship.
Jedwab also notes that polling repeatedly shows a correlation between high levels of education and knowledge of national history and that immigrants are - relative to average schooling levels among born-in-Canada citizens - better educated.
He also speculated that immigrants may be more attuned to the story of Canada's evolution because of their direct connection to the country's multicultural identity, which Jedwab says "is becoming the dominant narrative in Canadian history. They see themselves as part of this."
Citizenship and Immigration Canada, under the direction of Immigration Minister Jason Kenney, revised and updated the 63-page Discover Canada citizenship guide last year to underline the need for newcomers to learn about Canada's past.
The department also raised the passing grade for the 20-question test to 75 per cent, from 60 per cent, and implemented a random-scramble system to ensure no two tests are identical and thus subject to copying and memorization. Last December, Kenney argued that the changes wouldn't prevent earnest newcomers from passing the citizenship test.
"We reject completely," he said then, "the condescending notion that new Canadians aren't smart enough to learn some basic facts about the country's history and values."
The survey results suggest that immigrants are quite confident in their knowledge of Canadian history
The polling was conducted for ACS in late September and early October by Leger Marketing. A representative sample of 2,345 Canadians were surveyed online, and the results reflect a potential margin of error of two per cent, 19 times out of 20.
Immigrants to Canada claim a stronger knowledge of the country's history than those who were born here, according to one of the surprising results of a nationwide survey probing Canadians' grasp on the past.
More than 2,300 people were polled this fall by the Montreal-based Association for Canadian Studies for a year-end report that explores respondents' perspectives on Canada's history, including how they assess their own command of the subject.
About 82 per cent of survey respondents who identified themselves as being born outside of Canada claimed to have "very strong" or "somewhat strong" knowledge of Canadian history.
In contrast, only about 70 per cent of respondents born in Canada rated their historical knowledge strong or very strong.
Notably, nearly twice as many immigrant respondents (27 per cent) as born-in-Canada citizens (16 per cent) described their history knowledge as "very strong."
ACS executive director Jack Jedwab suspects the reason immigrants are more likely to claim a solid command of Canadian history is that they have — in many cases quite recently — been required to familiarize themselves with highlights of the country's past as part of the process of gaining citizenship.
"Those people are exposed to our citizenship test, which has a historical dimension," said Jedwab, referring to the multiple-choice examination that immigrants must pass before becoming full-fledged Canadian citizens.
While native-born citizens get a Canadian history education during their elementary and secondary schooling, they don't get the "refresher course" newcomers receive in their quest to gain citizenship.
Jedwab also notes that polling repeatedly shows a correlation between high levels of education and knowledge of national history and that immigrants are — relative to average schooling levels among born-in-Canada citizens — better educated.
He also speculated that immigrants may be more attuned to the story of Canada's growth and evolution because of their direct connection to the country's multicultural identity, which Jedwab says "is becoming the dominant narrative in Canadian history. They see themselves as part of this."
Citizenship and Immigration Canada, under the direction of Immigration Minister Jason Kenney, revised and updated the 63-page Discover Canada citizenship guide last year as part of an effort to underline the need for newcomers to learn about Canada's past.
"Whether we are citizens by birth or by choice, we should all learn about our history, heritage and citizenship," the federal department states on the website for the Discover Canada study guide, which is subtitled "The Rights and Responsibilities of Citizenship."
The department also raised the passing grade for the 20-question test to 75 per cent, from 60 per cent, and implemented a random-scramble system to ensure no two tests are identical and thus subject to copying and memorization by applicants.
Last December, Kenney argued that the changes wouldn't prevent earnest newcomers from passing the citizenship test.
"We reject completely," he said at the time, "the condescending notion that new Canadians aren't smart enough to learn some basic facts about the country's history and values."
The survey results suggest that — at least as far as they see themselves — immigrants are quite confident in their knowledge of Canadian history.
The polling was conducted for ACS in late September and early October by Leger Marketing.
A representative sample of 2,345 Canadians were surveyed online, and the results reflect a potential margin of error of two per cent, 19 times out of 20.
Generally speaking, all Canadian work permits require a Labor Market Opinion (LMO). For information on Canadian work permits that do not require an LMO, click here.
What is a Labor Market Opinion (LMO)?
An LMO is a labor market verification process whereby Human Resources and Skills Development Canada (HRSDC) assesses the offer of employment to ensure that the foreign worker will not have a negative impact on the Canadian labor market. In their analysis of the offer of employment, HRSDC will consider the following elements:
1. Is the salary offered to the foreign worker consistent with the average for the occupation in the area the position is located?
2. Are the working conditions consistent with labor laws and/or collective bargaining agreements?
3. Is there a labor shortage for that occupation in the area the position is located?
4. Is there an ongoing labor dispute in the company and/or industry?
5. Has the Canadian employer undertaken recruitment efforts in order to find a Canadian to fill the position?
6. Will the foreign worker be able to transfer unique skills or expertise to Canadians?
7. Will hiring the foreign worker help to create or retain jobs for Canadians?
8. Will the foreign worker be the employee of the Canadian employer, whereby the foreign worker is expected to work on a full-time basis at a pre-determined wage?
NOTE: the labor market opinion is specific to employer, position and geographical region. This means that if a foreign worker has a positive LMO and decides to change positions, even within the same company, they will require a new one.
Generally speaking, for jobs located in Canada's major cities, the more specialized the position and the higher the salary offered increases the chances of obtaining a positive LMO. In less populated cities and regions, this is still true but generally obtaining an LMO is easier.
LMO Based Work Permits
Typically, foreign workers and employers must go through a two-step process in order to receive a Canadian work permit. Firstly, the applicant must submit an application to HRSDC for a Labor Market Opinion, followed by a second application to Citizenship and Immigration Canada (CIC) for the actual work permit. The LMO is issued by HRSDC who, after considering numerous protective labour market factors, authorizes the Canadian employer to hire a foreign worker.
How Long Does it take to obtain a Labour Market Opinion?
The application for an LMO can take anywhere from 2 to 10 weeks, depending on the location of the job offer in Canada. There is an HRSDC office in almost every Canadian province, they are responsible for the processing of the LMO application. For further information please fill out the form above.
The following information is to you only for the first tax year during which you are considered a resident of Canada for tax purposes . Next, we will consider more than you are a newcomer to tax purposes.
If you immigrate to Canada, we believe that you have acquired (Grow) almost all your assets to their fair market value the day you immigrated. If you return to reside in Canada and you had a year deemed disposition of your departure, check out our Web dispositions of property .
Residency status
You become a resident of Canada for tax purposes when you established residential ties with Canada's leading, usually from the date of your arrival in Canada.
Newcomers who have established residential ties in Canada may be, as appropriate:
people who have applied for permanent resident status to Citizenship and Immigration Canada or who have received; people who received the Citizenship and Immigration Canada an "approval in principle" to remain in Canada. If you were a resident of Canada in a previous year and you have become non-resident, you will become a resident of Canada when you return to Canada and re-establish your residential ties.
What is residential ties?
Residential ties include:
a home in Canada; a spouse or common-law partner (see the definition in the General Income Tax and Benefit Return ) and dependents who move to Canada to live with you; personal property in Canada, as a car or furniture; social ties in Canada. Other ties that may be relevant are:
a Canadian driver's license; credit cards issued in Canada or Canadian bank accounts; health insurance in a province or territory of Canada. For more information, see Interpretation Bulletin IT-221, Determination of resident status of an individual .
If you want an opinion on your residency status, fill out and send us Form NR74, Determination of Residency Status (Entering Canada) .
Your tax obligations As a resident of Canada:
you must report the income from all sources (income from sources inside and outside Canada) on your Canadian tax return; you must make sure to pay the correct amount of taxes according to law; you have the right and responsibility to verify your tax status each year; you can claim all deductions, all refundable tax credits and all federal funding, provincial or territorial you are entitled. As a newcomer to Canada, you should know that most individuals who reside in Canada must complete one tax return for the tax year, because the Canadian government collects taxes on behalf of all provinces and all territories, except Quebec.
Whether you are a resident of Canada for a part or an entire tax year (from 1 st January to 31 December), you must file a tax return if you are in one of the following:
you owe taxes; you want to request a refund. Even if you do not have to declare income or tax payable, you may be eligible for certain credits or payments. You must file a tax return to receive the credits or payments to:
the credit for the GST / HST (Goods and Services Tax / Harmonized Sales) payments of child tax benefit ; tax credits, provincial or territorial. For more information, see "Should you file a return? "In the General Income Tax and Benefit Return .
Which tax package?
For the tax year during which you are a newcomer to Canada, and for each of the years you continue to be resident in Canada for tax purposes, use the General Income Tax and Benefit and the forms book for the province or territory of residence at December 31 of the tax year.
April 30th of the year following the tax year; June 15th of the year following the tax year if you or your spouse or common-law declare business income in Canada (unless the expenditures in connection with the operation of the business are mainly abrix tax). Note Any balance due must be paid no later than 30 April of the year following the tax year, and this, regardless of the filing deadline.
Eligibility for benefits and credits
As a newcomer to Canada, you may be entitled to credit for the Goods and Services Tax / Harmonized Sales Tax (GST / HST), the Canada Child Tax Benefit (CCTB) and / or universal benefit for Child Care Benefit (UCCB) in the year you became a resident of Canada.
To claim the credit for the GST / HST, complete Form RC151, Request for the GST / HST Information for Individuals Who Become Residents of Canada . To apply for the CCTB and / or UCCB, complete Form RC66, Application for Canadian children . In addition, depending on your immigration status or residence, you may need to complete Schedule entitled Status in Canada Statement of Income .
A couple of months ago, an immigration consultant was arrested in Halifax (whose clients were primarily from the Middle East and South Asia) and, as a result, 1100 cases filed by this consultant are under investigation for obtaining citizenship and maintaining permanent residency without physically residing in Canada.
The Canadian Government has indicated that, if proven, citizenships and permanent residencies will be revoked.
A Vancouver Sun article reports, "a statement from Immigration Minister Jason Kenney said the charges follow 'an investigation into whether the consultant fraudulently helped individuals create the appearance they were residing in Canada in order to keep their permanent resident status, and ultimately attempt to acquire citizenship.' Kenney said that "where evidence permits, we will seek revocation of Canadian citizenship and deportation.
Canadians value their citizenship.
It is not something to be bought and sold with the help of crooked consultants." (Vancouver Sun - March 2 2011)"
There are many reasons to use an immigration consultant.
Families do not want to take risks with such an important life decision.
Business immigration cases require the use of a professional consultant because of the complex financial and business experience analysis involved in investor and entrepreneur applications.
Even in the case of skilled workers, applications are extremely detail-oriented and time consuming.
Given the current procedures in place that require the submission of complete documentation with the initial application, applicants run the risk of having their applications returned because of one minor missing document.
As a consequence, applicants face delays - and delays could very well mean that they become ineligible because the quota for the category they applied under is fulfilled during the delay.
The most compelling reason to use a consultant continues to be the fact that applicants are looking for peace of mind, a level of professionalism and knowledgeable advice in this important life changing decision.
How should you choose an immigration consultant? What are the three most important questions to ask? (1) Are you authorised to give immigration advice? Be sure to pick a consultant who is either a member of the Canadian Society of Immigration Consultants (CSIC) or the Immigration Consultants of Canada Regulatory Council (ICCRC), or a lawyer who is a member in good standing of a Canadian provincial bar.
Try to select a consulting firm whose CSIC member resides in Pakistan, as these consultants understand the local education system, job market and business documents.
(2) Are you a Canadian Citizen? Only Canadian citizens and permanent residents are allowed to be authorized CSIC/ICCRC advisors.
(3) Have you experienced life in Canada? Individuals who have worked and/or lived in Canada are generally in a better position to educate clients on the Canadian experience.
It is probably best to use consultants who were professionals before they entered the business of immigration consulting.
Lawyers, Finance Professionals, Accountants and Management Consultants who are duly authorized by the government of Canada to provide immigration advice are probably your best bet.
In Pakistan, every type of consultant exists: the good, the bad and the ugly.
Good immigration consulting firms tend to be managed by Canadian citizens duly authorized by the government to provide immigration advice and tend to have senior managers that have practiced in a professional field prior to making a career in immigration consulting.
Good consultants and firms will give you honest and genuine advice based on their individual and corporate experience.
They have good knowledge of immigration case law, can quickly research any grey areas and provide you straightforward and upfront advice.
Good consultants will not negotiate on professional fees unless the client gives them a compelling business reason to do so.
Perhaps the most distinguishing element of a good consultant is that they will refuse to take your case if they feel if it is ineligible and they will never offer you a guarantee.
A professional cannot guarantee anything that is not under their control, as decision making power on applications rests solely with the Canadian immigration authorities.
Thus, a good consultant constructs a case within the constraints of the law and based on extensive research and their experience.
Bad consultants may be Canadian citizens, they may even be authorized to provide immigration advice; however, they are generally not experienced and may make guarantees of approval or processing timeframes.
In Pakistan, there are many consultants who promise clients quick processing time frames.
As a savvy client, you should do your due diligence and research the market of consultants.
For example, if you notice that a consultant's promised processing times are outside the average range advised by local and international consultants, then you are probably better off staying away from such consultants.
A good way to check processing times is to visit the Canadian government's immigration website on which estimated processing times are displayed (albeit the information is not updated as regularly as it should be).
Also, processing times are subject to change.
Processing time frames that were valid at the beginning of your immigration process may get extended due to the sheer volume of applications received by the immigration authorities.
This is beyond the control of any consultant.
Be aware that there are scrupulous consultants who operate under the supervision of relatives and friends who are non-practising CSIC members.
Usually, the consultant is not eligible for CSIC/ICCRC because of his/her prior track record or because he/she is not a Canadian citizen or permanent resident and uses his/her relative as a proxy to get around these requirements.
Consultants who work under the CSIC/ICCRC authorised advisors are expected to be supervised and monitored closely.
Often, the CSIC member providing oversight is not a practising immigration professional and serves purely as a proxy.
In such situations, important aspects of the client's case must slip between the cracks from time to time.
Many such consultants will be able to process run of the mill and straightforward immigration cases.
However, in the 20 or 30 percent of cases that require serious analysis and application of the law, the consequences to the client can be quite serious.
Finally, the consultant that makes the Chinese look like amateurs with his/her ability to create documents out of thin air, the ghost consultant that the ghostbusters could not bust - the 'ugly' side of the profession of immigration consultants.
These consultants, who are generally not experienced, help or advise clients to create counterfeit documents, and help clients circumvent citizenship and immigration laws.
Most of all, they are generally not authorised by the government of Canada to provide immigration advice.
Some claim to be authorised, even though they are not authorised to provide immigration advice.
There is a consultant in Islamabad, Pakistan who advertises his/her HR professional designation as a substitute for a duly authorised CSIC/ICCRC designation.
This consultant is not a recognised immigration advisor under Canadian law.
What he/she is doing is illegal.
Stay away from such consultants.
They tend to have lower professional fees than most of the legitimate consultants operating in the market and will often accept cases when every consultant has turned you down.
Many of these consultants provide clients with advice that, if followed, could expose the client to criminal prosecution in Canada.
Document forgery and misrepresentation are serious offenses that are punishable by both jail time and heavy fines.
The 'ugly' consultant or "crooked", as the government of Canada terms them, often tells his/her client that one can get Canadian citizenship without actually physically residing in Canada.
Current immigration law allows judges discretion in granting citizenship to those who have not physically resided in Canada for all 1095 days of the requisite period.
However, this exemption is only possible for those individuals representing the Canadian government overseas, or if they are placed on an overseas assignment by a major Canadian corporation.
Even in such cases, discretionary power rests with the Citizenship judge.
For 99% of all immigrants there is practically no way to obtain citizenship without 1095 days (3 years out of 4 years) of physical residence in Canada.
Those who obtain citizenship by maintaining active bank accounts, credit cards, utility bills and rental agreements while 'physically' residing outside Canada are circumventing the law and misrepresenting themselves before the Canadian citizenship authorities.
This is a crime under Canadian law.
If you cannot reside for 3 years out of 4 years in Canada, then it is probably better to explore alternative residency options.
There are providers in the market offering legitimate alternative residency options that do not require physical residency.
Note, however, that these options are generally only available to high net worth individuals who are able to make an investment in the range of US $500,000.
Stay away from consultants who offer unqualified and exaggerated promises for Canadian immigration and citizenship.
As noted at the beginning of this article, the Canadian government is actively investigating the citizenship and immigration applications of those who are suspected of misrepresentation.
They have clearly indicated that if there is evidence of misrepresentation or fraud, permanent residencies and citizenships will be revoked.
Applications for permanent residency and citizenship, particularly those from high-risk countries like Pakistan, will be highly scrutinised by the Canadian government.
In fact, the Canadian government has a specialised anti-fraud unit that closely examines applications submitted from high risk countries.
Do not jeopardise your future and that of your children by taking the 'easy road' offered by crooked consultants.
Two simple yet powerful proverbs aptly sum up the message of this discourse - "nothing in life comes easy" and "if it looks too good to be true, then it probably is." Only retain the services of those who are positioned to provide immigration advice and have an established track record.
Migration is an important life decision.
Work with those people who make it their interest to protect your interest.
