Quebec Completes Picture of Revised Skilled Worker Program

Château Frontenac, Quebec City, Canada
Château Frontenac, Quebec City, Canada (Photo credit: Wikipedia)
English: Flag of . Color converted to RGB from...
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 1st 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 TrainingPoints received
prior to August 1, 2013
Points received
as of August 1, 2013
Nursing1216
Civil, Construction or Transportation Engineering612
Computer Engineering612
Computer Support612
Dental Hygiene Techniques06
Industrial Engineering Technology06
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. 
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Immigrants help solve oilpatch labour woes

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

Growing population helps fill many shortages

 
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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.
  1. If hiring for a higher skilled occupation—one of the methods must be national in scope;
  2. 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.

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Universities: Immigration law hurts enrolment

English: International Students
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.”

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
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How Arranged Employment Can Work for You

English: Employment Exchange. Job centre in Ha...
English: Employment Exchange. Job centre in Hamilton, Glasgow (Photo credit: Wikipedia)
The Federal Skilled Worker Program (FSWP), Canada’s largest immigration program, reopened its doors to applications on May 4th 2013. In an effort to manage application intake and prevent backlogs, the government has instituted a cap of 5,000 applications for this year, extending to April 30th 2014. In addition, the government has limited intake only to those with experience in one of 24 eligible occupations.
Skilled workers who wish to bypass the application cap, occupation list, or both have another option for immigration through the FSWP. This option is known as Arranged Employment. Applications submitted with Arranged Employment are not subject to caps, and may have experience in any skilled occupation.
Arranged Employment is one of the six selection factors in the FSWP. When an applicant has Arranged Employment, he or she is awarded 10 points for this Selection Factor, and up to an additional 5 points in the Adaptability selection factor.
When does an applicant have Arranged Employment?
In general, Arranged Employment means that the applicant has a genuine offer of employment from a Canadian employer for a full-time, paid job in a skilled occupation. The job offer must have an indeterminate length of employment and be conditional upon the applicant becoming a permanent resident.
Prior to May 4, 2013, most applicants were required to have the Canadian employer validate the job offer with Service Canada through an “Arranged Employment Opinion”. However, the new regulations for the FSWP now require the Canadian employers to validate the job offer by obtaining a Labour Market Opinion (LMO) from Service Canada. However, an LMO is not required in certain circumstances.
Who does not require an LMO?
The following two categories of applicants do not require an LMO to benefit from Arranged Employment:
  • Applicants who are currently working in Canada on a temporary work permit in a skilled occupation, where the work permit was originally issued based on a positive LMO.
  • Applicants who are currently working in Canada on a temporary work permit in a skilled occupation, where the work permit was originally issued without an LMO under the provisions of an international agreement (e.g. the North America Free Trade Agreement ) or under the provisions of one of the Canada-Provincial/Territorial Immigration agreements (e.g. the Canada-Ontario Immigration Agreement).
In both these circumstance, the following conditions must be met for the applicant to benefit from Arranged Employment:
  • The Canadian employer specified on the applicant’s work permit must extend a non-seasonal full-time job offer to the applicant for the same position specified on the work permit, and the job offer must be for an indeterminate length of employment conditional upon the applicant becoming a permanent resident;
  • The applicant’s work permit must be valid at the time the Federal Skilled Worker application is submitted; and
  • The applicant must have the valid work permit for the same employer in the same position until the Permanent Resident Visa is issued.
Who does require an LMO?
As a general rule, any applicant who has a suitable job offer from a Canadian employer, but who does not have a valid temporary work permit and is not authorized to work in Canada must have the Canadian employer obtain an LMO prior to submitting their FSWP application in order to benefit from Arranged Employment.
In some cases, foreign workers who are currently working in Canada are still required to have their employers obtain an LMO to benefit from Arranged Employment. This includes the following types of applicants:
  • Foreign workers who have a job offer from a Canadian employer that is different from the employer indicated on their work permits;
  • Foreign workers who have work permits that were issued without an LMO due to exemptions other than those noted above, e.g. the Intra-Company Transfer category;
  • Foreign workers who have open work permits (not linked to any specific employer); and
  • Individuals who are authorized to work in Canada without a work permit, such as business visitors.
One interesting aspect of the new Arranged Employment regulations is that an LMO obtained from Service Canada entitles the applicant to a temporary work permit immediately. Thus, the applicant may be able to come to Canada as a temporary foreign worker immediately, while their permanent residence FSWP application is still being processed.
“Holding a Canadian job offer opens up opportunities for immigrants before and after they land in Canada,” said Attorney David Cohen. “Not only will it benefit their application for Permanent Residency, it can allow an applicant to come to Canada within a couple of months and begin working right away.”

Source: http://www.cicnews.com/2013/07/arranged-employment-work-072641.html
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Canada Opening Doors to Record Number of International Students

Happy Canada Day
Happy Canada Day (Photo credit: Anirudh Koul)
2012 was a record-breaking year for the Canadian educationsystem. For the first time in the country’s history, over 100,000 permits were issued to new international students. This is an example of Canada’s growing reputation as a global magnet for students of all disciplines from around the world.
Canada’s popularity amongst international students has seen a sharp rise in recent years. 2012’s figures were a full 60% increase from 2004, and the number of new students has the capacity to increase by 7% every successive year. In total, there are currently around 260,000 international students in Canada today, studying both full- and part-time.
What Contributes to Canada’s Popularity?
The government of Canada has worked hard to attract, in the words of former Immigration Minister Jason Kenney, “the world’s best and brightest young minds”. In the global competition for the world’s future leaders and innovators, Canada’s reasons for success are many:
Good Schools – Canada is home to some of the world’s leading educational institutions at all levels of study. McGill University, located in Montreal, is consistently voted one of the 20 best universities in the world. Students in Canada can study in English, French, or often in both languages thanks to the country’s official policy of bilingualism.
Cost of Living Compared to countries like the US and Britain, the cost of living in Canada is significantly less expensive, easing the financial burden of students during and after studies.
High Acceptance Rate – 81% of study permit applicants receive their Canadian study permits.
Permit Processing Rules – Canada will soon introduce new rules that will restrict the issuance of study permits to only students studying at institutions that have been approved by their province or territory. This will help maintain the integrity of Canada’s work permit program and ensure a smooth study process for students.
Post-Graduation Options – Many graduates from Canadian educational institutions can remain in the country as temporary workers and become permanent residents if they so choose.
After Graduation
After graduating from a Canadian educational institution, students have a number of options before them. Many return to their home countries, where they will use their newly acquired skills to excel in their chosen professions. However, many remain in Canada to live and work for an extended period of time.
“Students who stay in Canada after graduations are a win-win situation,” said Attorney David Cohen. “They are able to begin careers in our thriving economy, while Canada benefits economically from their experience. It is no wonder the country has worked hard to streamline immigration processing for international students graduating from Canadian schools.”
Many students are able to leverage their time in Canada as a stepping stone to permanent residency. Make sure to tune into the next issue of CIC News, where we will explore the different ways in which this is possible.
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Quebec Announces Major Changes to Immigration Programs

English: Québec Province within Canada. Españo...
English: Québec Province within Canada. Español: Provincia de Quebec en Canadá. (Photo credit: Wikipedia)
80.1 percent of the people of Quebec speak Fre...
80.1 percent of the people of Quebec speak French as their first language. In total, about 97.4 percent are able to speak French. (Photo credit: Wikipedia)
The Government of Quebec has officially announced changes to language rules for immigration through the Quebec Skilled Worker (QSW) program. This announcement was made in the Gazette Officielle du Quebec/The Quebec Gazette on Wednesday, July 17th 2013.
In addition to modifying language criteria, the government has announced its intent to institute a cap on application intake and to publish a new list of areas of training/fields of study.
Language Rules
Applicants applying to the skilled worker stream of the QSW program can receive a maximum of 22 points for language skills. Up to 16 points are awarded for French proficiency, and up to 6 for English.
French points are assessed on a scale from A1 (beginner) to C2 (advanced/fluent). Previously, points could be claimed for any level of proficiency in listening and speaking. This began with 1 point for A1 level and a maximum of 8 points for a C1 or C2 level for each proficiency.
The points system has been changed so that, moving forward, no points will be awarded until the B2 (advanced intermediate) level. In addition, applicants will now have the opportunity to earn points for reading and writing proficiency. Up to 1 point can be earned in each of these categories.
The charts below illustrates the new points breakdown:
English proficiency has similarly changed. Points for English language skills will not be awarded until the Intermediate level, or levels 5-8 according to government criteria:
It is important to note that applicants would not be disqualified for possessing less than B1 proficiency in French or English. The QSW application is assessed on a points system, and it is possible for an applicant to achieve sufficient points without being awarded points for their language skills.
These language rules will be effective for new applicants beginning August 1st, 2013. The rules will be effective retroactively for submitted files for which preliminary processing has not already begun. What constitutes ‘preliminary processing’ has not been made clear in the government’s announcement.
Proposed Changes
Two additional changes, proposed a week prior, have not yet been made official.
The first will place a cap of 20,000 on application intake for the QSW program. The second will involve publishing a new list of eligible areas of training/fields of study. Currently, applicants to the skilled worker stream of the QSW must have training in one of 110 areas of training/fields of study. This list corresponds to occupations the government has identified as in-demand in the Quebec.
What Applicants Should Know
French language ability has always played a significant role in the QSW program, Quebec’s largest immigration program. English proficiency remains important, however, and maximum points for English language skills have not diminished under this new system.
“These changes reflect the emphasis Quebec places on language proficiency. The government believes that speaking Canada’s official languages is an essential tool for economic and social integration into the province,” said Attorney David Cohen.
Attorney Cohen added that “while language proficiency is indeed important, not all applicants need these skills to qualify for immigration. Others with limited skills may be able to attain a higher level through language study. As always, Canada’s immigration system awards immigrants who are organized and motivated to come here.”
It is unknown when the Quebec Government will officially release the new list of areas of training/field of study but it is safe to say it will be on or before August 1st, 2013. 
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