Changes to the Temporary Foreign Worker Program Now in Effect

Earlier today, Human Resources and Skills Development Canada (HRSDC) announced important changes to the Temporary Foreign Worker Program. These changes are effective beginning July 31, 2013.

In general, when a Canadian employer wants to hire a foreign worker, they must first apply for and receive a positive Labour Market Opinion (LMO) from Service Canada. The following changes that were announced today will affect how Canadian employers apply for an LMO:

Processing Fee

Prior to today, Canadian employers were able to apply for an LMO without having to pay a processing fee. Beginning today, employers will be required to submit a $275 processing fee for each position requested for the LMO. For example, if a Canadian employer wants to hire three foreign workers to work as chefs at their restaurant, they will be required to pay a total of $875 in processing fees. It is important to note that the processing fees are not refundable in the event that the LMO is refused.

Language Restriction

When applying for an LMO, Canadian employers can only require that an applicant be proficient in English and/or French. If they indicate that another language is required, the employer must be able to demonstrate that the foreign language is essential for the position. If a Service Canada officer determines that the foreign language is not essential for the position, they can refuse the LMO application.

Advertising

One of the essential parts of an LMO application is the advertising process. In general, Canadian employers are required to conduct advertising withinCanadabefore they are able to hire a foreign worker. The employer must demonstrate to a Service Canada officer that they have actively tried to hire Canadian citizens or Permanent Residents before offering the position to a foreign worker.

In the past, employers were required to advertise the position inCanadafor a period of 2 weeks. Starting August 28, 2013, employers will be required to advertise the position for 4 weeks. The advertising must be done in the three months preceding the LMO application. Employers will also be required to use more methods when advertising for the position.

Employers who want to hire a worker for a high-skilled position (NOC Skill Level A or B) will be required to advertise on the National Job Bank website or an equivalent provincial website, such as Emploi Quebec. They will also be required to use two or more additional sources for advertising; one that is national in scope and one that is consistent within the practice (eg. Workopolis.com, Monster.ca). Advertisements for high-skilled positions must now include the salary being offered, whereas employers were previously exempt from advertising the salary for high-skilled positions.

Employers looking to hire a worker for a low-skilled position (NOC Skill Level C or D) will be required to advertise on the National Job Bank website or an equivalent provincial website and use two or more additional sources for advertising. Unlike the high-skilled positions, employers looking to hire for a low-skilled position must also target underrepresented groups, such as Aboriginals, people with disabilities, and new immigrants.

Questions regarding the impact on Canadian job market

New questions have been added to the LMO application form. Employers will now be required to explain whether hiring a foreign worker for a position will positively or negatively impact the labour market. For example, certain questions are focused on whether hiring a foreign worker will lead to job losses for Canadian citizens or Permanent Residents through outsourcing or offshoring practices.

As part of the new form, employers will also have to explain what efforts were made in the past two years to hire and/or train Canadian citizens or Permanent Residents for the position.

The above changes in processing fees, language restrictions, and advertising requirements do not impact employers hiring foreign workers in certain agricultural positions under the Seasonal Agricultural Worker Program or the Agricultural Stream.

“These new changes mean it’s becoming more difficult for Canadian employers to hire foreign workers,” says Attorney David Cohen. “Especially considering the addition of processing fees, it’s important for employers to get the LMO application right the first time.”

Source: http://www.cicnews.com/2013/07/temporary-foreign-worker-program-effect-072762.html

Quebec Completes Picture of Revised Skilled Worker Program

Château Frontenac, Quebec City, Canada (Photo credit: Wikipedia)

English: Flag of . Color converted to RGB from the EPS file from the Government of Quebec which you'd have to assume is as authoritative as you can get. Français : Drapeau du Québec. Couleurs converties en RGB à partir du fichier EPS du Gouvernement du Québec. Русский: Флаг Квебека (Photo credit: Wikipedia)

Following up on last month’s news article, the Quebec Government has released the 2013 list of Areas of Training (domaines de formation) for the Quebec Skilled Worker (QSW) Program. This list is in effect as of August 1^st and includes many significant changes. These new details, in addition to the updated language rules announced last month, now provide a complete picture of the revised Skilled Worker Program for the province of Quebec.

The New Area of Training List

The revised QSW Program continues to use a points-based system. The 2013 Area of Training list, which awards extra points for 146 Areas of Training, is one of the significant revisions to the program. Some of the more notable differences between the previous (2009) and current (2013) lists are outlined in the chart below. Please note that the points indicated are conferred for degrees or diplomas obtained outside of Canada; degrees or diplomas obtained within Canada may receive a different number of points.

Area of Training	Points received prior to August 1, 2013	Points received as of August 1, 2013
Nursing	12	16
Civil, Construction or Transportation Engineering	6	12
Computer Engineering	6	12
Computer Support	6	12
Dental Hygiene Techniques	0	6
Industrial Engineering Technology	0	6

The list also includes several new Areas of Training which did not previously receive extra points, such as Mineral Technology (6 points) and Banking and Financial Operations (6 points), to name a few.

What this means for Applicants

“This is fantastic news for nurses,” says Attorney David Cohen. “They were left off the occupation list for the Federal Skilled Worker Program this year, but the increase in points for this Area of Training demonstrates that the province of Quebec still has its doors open for nurses. However,” he added, “there is still a cap on the intake of applications, so interested applicants should apply as soon as possible.”

Computer engineers and civil engineers also benefit from a more accessible QSW program. While computer and civil engineers are also on the Federal list of occupations, the overall cap accepted by Quebec is much higher than the Federal cap, and the caps for the latter program are filling fast. As these two professions now receive 12 points for their Area of Training, many more applicants may be eligible for the Quebec Skilled Worker Program without needing to submit the results of a French test with their application.

The new Area of Training list continues to demonstrate that the province is targeting foreign skilled workers whose academic qualifications will help them find work in the occupations which are in greatest demand in Quebec.

The Quebec Skilled Worker Program Moving Forward

The much anticipated Quebec announcement has provided many skilled workers with a way to come to Canada and become permanent residents. The QSW Program revisions are great news for nurses, computer engineers, civil engineers, and the other 143 professions on the Area of Training list. The QSW Program is also now an option for applicants from many other backgrounds, even those who do not get extra points for their Area of Training.

To find out if you are eligible for the Quebec Skilled Worker Program or any of over 60 Canadian immigration programs, fill out a free online assessment today.

Source:http://www.cicnews.com/2013/07/quebec-article-072720.html

Immigrants help solve oilpatch labour woes

English: View from Calgary Tower, Calgary, Alberta, Canada. (Photo credit: Wikipedia)

Growing population helps fill many shortages

BY DEREK SANKEY, POSTMEDIA NEWS AUGUST 3, 2013

The growing immigrant population is not only changing the face of Calgary, it's also serving an increasingly vital part of helping oil and gas companies solve labour shortages, which are only expected to increase in the next 10 years.

In 2010, Calgary's immigrant population was estimated at 304,000 - almost 30 per cent of the total population, and the visible minority population is projected to reach 40 per cent by 2020, according to data from Statistics Canada based on the last census.

Over half (52.7 per cent) of those immigrants were in the crucial working demographic of 25-44.

It's a number that Joaquin Benitez is very familiar with. As an immigrant from El Salvador in the mid-1980s, he now finds himself working alongside teams consisting almost exclusively of others like him who came to Canada seeking a better life.

"There are a huge number of immigrants in projects I'm working on (but) sometimes it's so difficult to communicate with them because they don't speak the language," says Benitez, trained as a civil engineer and now a senior piping designer with SNC Lavalin in Calgary.

Language remains one of the top barriers to employment for immigrants, who often have a high calibre of skills. Getting their degrees from their home countries accredited in Canada is another big barrier.

"In terms of the immigrant population, 80 per cent that come from abroad are educated, so that is definitely a benefit to the Calgary community," says Cindy DeVouge, chief development officer for Immigrant Services (formerly the Calgary Immigrant Aid Society).

Her organization implemented an "integrated mentorship program" that matches immigrants with employers and assists them with resumebuilding, mock interviews and other skills.

The oil and gas industry is projected to need between 125,000 and 150,000 additional workers in the next decade due to growing demand and retiring baby boomers, according to some estimates.

Last year, more than 35,000 immigrants came to Alberta, of 198,000 across Canada.

Immigrants stand to play an increasing role in filling that shortage of workers, says DeVouge: "Qualified (immigrants) will be able to fill some of that labour shortage once some of their challenges are addressed."

As oil companies poach skilled engineers from other sectors, it leaves a broader void in labour supply across the country.

"They have to bring immigrants to sustain the demand for people in engineering, drafting and design work," Benitez says. "As more people get into the industry, other industries are lacking people. It will require more immigrants to come into the country."

When he came to Canada, the National Energy Policy had crippled the economy in Alberta and there were no jobs. It only compounded the fact he didn't speak English very well and had no education.

Benitez took the opportunity to go to school and become a civil engineer. By the time he graduated, industry activity had rebounded and he was offered a job with Fluor Daniels before he even graduated.

"For the first few years, we struggled a lot," he says. "When you don't speak the language and you don't have the proper education, you limit yourself in terms of the jobs you can do."

What many oilpatch firms have begun to do in recent years to address the labour shortage crisis is to implement so-called "work-share" programs, where they open offices in countries such as India or China, where labour is less expensive and readily available.

The problem with that strategy, says Benitez, is that the quality of work suffers because local engineers in those countries aren't familiar with Canadian weather considerations or regulations and building codes.

The result is that more work - and cost overruns - ends up occurring on the projects on the ground in Canada. It may reduce costs to the client initially, but costs them more by the time the project reaches completion, he adds.

DeVouge views the increased number of immigrants in the workforce as a positive, lasting benefit to Canada's economy.

derek.sankey@telus.net

Changes to Labour Market Opinion Rules for Temporary Foreign Worker Program

The government of Canada has announced changes to the process for obtaining a labour market opinion (LMO) for applications under the Temporary Foreign Worker program, effective immediately, although a grace period has been granted for applications where recruitment has been completed and the LMO application is made prior to 28 August 2013.

Introduction of Processing Fee

Effective 31 July 2013, employers applying to hire TFWs must pay a processing fee of CAD$275 for each position requested to cover the cost of the Labour Market Opinion (LMO). Some agricultural positions are exempt from the fee.

New Advertising Requirement

Advertising must now run for four weeks (previously, two weeks was sufficient) before the employer can apply for an LMO. There are some exceptions, for live-in caregivers and workers in agriculture.
Employers must advertise on the national Job Bank website or the equivalent provincial/territorial websites, and, additionally, must prove that they have used at least two other recruitment methods that are consistent with the advertising practices for the occupation.

If hiring for a higher skilled occupation—one of the methods must be national in scope;
If hiring for a lower-skilled occupation—employers must demonstrate that they made efforts to target under-represented groups in the labour force.

Employers must also continue to actively seek qualified Canadians to fill the advertised positions until an LMO has been issued. The additional expense of this should be considered when budgeting for new applications.

Additional Questions on the LMO Form

The LMO application form has been updated and includes extensive new questions designed to ensure that Canadian employers are making their best efforts to hire resident workers.

Applications in Process

Applications already submitted are not affected. Applications where the recruitment efforts have been complete in line with the previous rules will be accepted, provided they are submitted to Human Resources and Skills Development Canada (HRSC) prior to 28 August 2013.

Action Items

Note the new fee of CAD$275 per employee for an LMO application
Note that advertising must run for at least four weeks and then must continue while the LMO application is in process; plan and budget accordingly
Note the new advertising criteria and ensure your Canadian colleagues are aware

This news alert was prepared using information provided by the Canadian government.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact us.

Source: http://www.peregrine.im/newsletter/f1sa20Wf3528#section03

Universities: Immigration law hurts enrolment

English: International Students (Photo credit: Wikipedia)

BY PAUL MCLEOD OTTAWA BUREAU

OTTAWA — Canadian universities say they are being hamstrung by a law that was intended to clamp down on immigration scammers.

Bill C-35 was first titled the Cracking Down on Crooked Consultants Act. It banned unauthorized people from acting as “immigration consultants” to prey on people looking for a way into Canada.

Though the bill was passed two years ago, it was only in May that universities received the final edict that it also applies to them. That means university staff cannot advise international students on matters like applying for a visa, work permit or permanent residence.

“They can’t seek advice from the trusted advisers on campus who are very accustomed to giving them a basic level of ‘Here’s where you go, here’s what you do, here are the requirements and here are the guidelines,’” said Mount Saint Vincent University president Ramona Lumpkin.

As government funding has frozen, universities have been increasingly leaning on foreign students for enrolment and rev-enue. Last year, over 11,000 international students came to Atlantic Canada to study. More than half of those, about 6,200, came to Nova Scotia.

International enrolment in the region has risen by double digits each of the past five years. But universities say Bill C-35 and a strike among Canada’s diplomats could be major hits to next year’s enrolment and the number of students who choose to settle in Atlantic Canada.

Bill C-35 amended Section 91 of the Immigration and Refugee Protection Act. It put in place penalties of up to $100,000 for advising or offering to advise someone on immigration proceedings unless the adviser is certified.

Uncertified student advisers are banned from communicating with the government on behalf of a foreign student, filling out forms for them, representing them at an immigration proceeding or even providing guidance on a student’s options.

According to Lumpkin, no university employee in the region is certified with the Immigration Consultants of Canada Regulatory Council except for one person at Mount Saint Vincent.

Certification requires 180 hours of course work, a written exam, annual fees of $1,700 plus insurance and 16 course hours per year.

“Most of our universities are smaller liberal arts universities so that’s a pretty significant human resource and financial commitment that our universities would have to make to fulfil the registration requirements,” said Peter Halpin, executive director of the Association of Atlantic Universities.

After Bill C-35 was passed, universities tried to negotiate some leeway. But their proposal for a cheaper, narrower, university-specific certification process was not approved by Ottawa.

A Citizenship and Immigration Canada spokesman defended the new rule as necessary to protect both immigrants and the integrity of the system.

“CIC recognizes that educational institutions and international student advisers have provided advice to international students in good faith,” said Bill Brown.

“That said, these legislative changes apply across the board to all persons subject to Canadian law.”

Halpin said the new law will likely reduce the number of foreign students who choose to stay and live in the region after graduation.

Universities are also watching the standoff between Ottawa and the Professional Association of Foreign Service Officers, which represents Canada’s diplomats working abroad. About 150 visa officers walked off the job across 15 foreign missions Monday.

The growing backlog in visa processing has universities wondering whether international students will be processed in time for the fall semester.

“There’s really grave concerns about the effect this is going to have on enrolments this September,” said Halpin.

“If those students are unable to get their visa application in time to start school in September, they’re lost for good.”

Source: http://thechronicleherald.ca/novascotia/1145194-universities-immigration-law-hurts-enrolment#.UfjX4R-e8EQ.twitter

If you are an educational institution in Canada, we can help your international students in immigration matters. Please send us your questions to nexuscanadavisa@gmail.com