Cap for the Federal Skilled Worker Program- Update

The Centre Block on Parliament Hill, containin...
The Centre Block on Parliament Hill, containing the houses of the Canadian parliament (Photo credit: Wikipedia)

As of May 4, 2013, Citizenship and Immigration Canada will only consider federal skilled worker (FSW) applications from people who have:
  • at least one year of continuous and paid (full-time or an equal amount in part-time) work experience in a single occupation,
  • within the last 10 years,
  • at skill type 0, or skill levels A or B of the 2011 edition of the Canadian National Occupational Classification (NOC), and who are:
1. in one of the 24 eligible occupations,
and whose application is received under the occupation’s sub-cap and overall FSW cap, or
2. with a valid offer of arranged employmentor
3. who are applying under the PhD stream (see below) until the PhD cap of 1,000 applications is reached.
All applicants must also:
  • meet the minimum language threshold (and submit approved language test results), and
  • submit a Canadian educational credential or foreign credential and an assessment of their foreign education from an approved agency, and
  • meet all requirements of the FSW Program.

Applications per eligible occupation:

The cap year began on May 4, 2013, and will end on April 30, 2014, unless otherwise stated by the Minister.Between May 4, 2013, and April 30, 2014, we will consider no more than 5,000 complete FSW applications for processing. Within the 5,000 cap, we will consider no more than 300 applications per eligible occupation for processing within this same time frame.

Note: Due to the large number of applications we get, we cannot check that each one is complete on the same day it gets to the office. The numbers on this page are updated at least once a week, but are only a guide. There is no guarantee that an application sent in now will fall within the cap by the time it gets to the Centralized Intake Office.


Total received toward the overall cap: 1,392 of 5,000
Eligible occupation

(by National Occupational Classification [NOC] code)
Number of complete applications counted towards the 300 sub-cap 
0211   Engineering managers127
1112   Financial and investment analysts
300 (Cap reached)
2113   Geoscientists and oceanographers8
2131   Civil engineers78
2132   Mechanical engineers93
2134   Chemical engineers38
2143   Mining engineers1
2145   Petroleum engineers1
2144   Geological engineers11
2146   Aerospace engineers5
2147   Computer engineers (except software engineers/designers)179
2154   Land surveyors2
2174   Computer programmers and interactive media developers 
300 (Cap reached)
2243   Industrial instrument technicians and mechanics13
2263   Inspectors in public and environmental health and occupational health and safety56
3141   Audiologists and speech-language pathologists2
3142   Physiotherapists68
3143   Occupational Therapists11
3211   Medical laboratory technologists65
3212   Medical laboratory technicians and pathologists' assistants15
3214   Respiratory therapists, clinical perfusionists and cardiopulmonary technologists2
3215   Medical Radiation Technologists12
3216   Medical Sonographers6
3217   Cardiology technologists and electrophysiological diagnostic technologists6

Applications in the PhD stream:

CIC will accept 1,000 applications for processing per year under the PhD stream. To apply under this stream, you must have either
  • finished at least two years of study in Canada towards a PhD, or
  • graduated from a Canadian PhD program in the 12 months before we get your application.
Find out more about eligibility for this category.
The new PhD cap year began on May 4, 2013, and will end on April 30, 2014, unless otherwise stated by the Minister.

Footnotes

Footnote 1
The number of complete federal skilled worker applications received as of May 4, 2013 is an estimate.
Footnote 2
Once we reach the cap, we can only accept applications under this occupation from people with a valid job offer in place.
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Professions Covered by NAFTA


The following professions are covered by Appendix 1603.D.1 of the North American Free Trade Agreement. For more information on obtaining a TN Visa, please consult the relevant section of this website.

Profession1Minimum Education Requirements or Alternative Credentials
General
AccountantBaccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.
ArchitectBaccalaureate or Licenciatura Degree; or state/provincial license2
Computer Systems AnalystBaccalaureate or Licenciatura Degree; or Post-Secondary Diploma3 or Post-Secondary Certificate4, and three years experience
Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
EconomistBaccalaureate or Licenciatura Degree
EngineerBaccalaureate or Licenciatura Degree; or state/provincial license
ForesterBaccalaureate or Licenciatura Degree; or state/provincial license
Graphic DesignerBaccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Hotel ManagerBaccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Industrial DesignerBaccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Interior DesignerBaccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Land SurveyorBaccalaureate or Licenciatura Degree; or state/provincial/federal license
Landscape ArchitectBaccalaureate or Licenciatura Degree
Lawyer (including Notary in the Province of Quebec)LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar
LibrarianM.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management ConsultantBaccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Mathematician (including Statistician)Baccalaureate or Licenciatura Degree
Range Manager/Range ConservationalistBaccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution)Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist5Possession of:
(a) a theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and
(b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social WorkerBaccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist)Baccalaureate or Licenciatura Degree
Technical Publications WriterBaccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Urban Planner (including Geographer)Baccalaureate or Licenciatura Degree
Vocational CounsellorBaccalaureate or Licenciatura Degree

Medical/Allied Professional
DentistD.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
DietitianBaccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)6Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
NutritionistBaccalaureate or Licenciatura Degree
Occupational TherapistBaccalaureate or Licenciatura Degree; or state/provincial license
PharmacistBaccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only)M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical TherapistBaccalaureate or Licenciatura Degree; or state/provincial license
PsychologistState/provincial license; or Licenciatura Degree
Recreational TherapistBaccalaureate or Licenciatura Degree
Registered NurseState/provincial license; or Licenciatura Degree
VeterinarianD.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license

Scientist
Agriculturist (including Agronomist)Baccalaureate or Licenciatura Degree
Animal BreederBaccalaureate or Licenciatura Degree
Animal ScientistBaccalaureate or Licenciatura Degree
ApiculturistBaccalaureate or Licenciatura Degree
AstronomerBaccalaureate or Licenciatura Degree
BiochemistBaccalaureate or Licenciatura Degree
BiologistBaccalaureate or Licenciatura Degree
ChemistBaccalaureate or Licenciatura Degree
Dairy ScientistBaccalaureate or Licenciatura Degree
EntomologistBaccalaureate or Licenciatura Degree
EpidemiologistBaccalaureate or Licenciatura Degree
GeneticistBaccalaureate or Licenciatura Degree
GeologistBaccalaureate or Licenciatura Degree
GeochemistBaccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States)Baccalaureate or Licenciatura Degree
HorticulturistBaccalaureate or Licenciatura Degree
MeteorologistBaccalaureate or Licenciatura Degree
PharmacologistBaccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada)Baccalaureate or Licenciatura Degree
Plant BreederBaccalaureate or Licenciatura Degree
Poultry ScientistBaccalaureate or Licenciatura Degree
Soil ScientistBaccalaureate or Licenciatura Degree
ZoologistBaccalaureate or Licenciatura Degree

Teacher
CollegeBaccalaureate or Licenciatura Degree
SeminaryBaccalaureate or Licenciatura Degree
UniversityBaccalaureate or Licenciatura Degree
1. A business person seeking temporary entry under this Appendix may also perform training functions relating to the profession, including conducting seminars.
2. "State/provincial license" and "state/provincial/federal license" mean any document issued by a state, provincial or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.
3. "Post-Secondary Diploma" means a credential issued, on completion of two or more years of post-secondary education, by an accredited academic institution in Canada or the United States.
4. "Post-Secondary Certificate" means a certificate issued, on completion of two or more years of post-secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.
5. A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.
6. A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment or prevention of disease.
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7 Keys To Getting A NAFTA Work Permit As a Professional

English: Map of the Tratado de Libre Comercio ...
English: Map of the Tratado de Libre Comercio (TLC or NAFTA in English) (Photo credit: Wikipedia)
Did you know that certain professionals can work in Canada under the North American Free Trade Agreement (NAFTA)? They can do so without going through the normal requirement of obtaining a labour market opinion that most other temporary workers (and employers) must do.
In this post, I’ll discuss what I consider to be the seven keys to obtaining a work permit in the professional category under NAFTA.
1. You must be a citizen of the USA or Mexico
Only citizens of the USA and Mexico qualify as NAFTA applicants.  Individuals who are permanent residents of either country (e.g., green card holders in the USA) do not qualify under NAFTA.
Citizens of Guam, the Northern Mariana Islands, American Samoa and the U.S. Virgin Islands are also excluded from NAFTA and can not obtain work permits through NAFTA.
However, citizens of the District of Columbia and Puerto Rico can apply through NAFTA.
2. Your profession or occupation must be listed in NAFTA
Not all professionals can qualify for a work permit under NAFTA.  There are 60 listed qualifying professions and occupations, and your training and experience must fall within one of them.
3. You must have a job or contract in Canada
As a professional, you can not obtain a work permit without first having a job offer in Canada, or a professional service contract with a Canadian firm.  You can be an employee of a US or Mexican firm who does business with a Canadian company.
4. You must apply for the correct length of work permit
NAFTA work permits are issued for a maximum of three years initially.  However, they are renewable for additional three periods if the applicant still qualifies.  In my experience, it is best to apply for the length of permit you need that reflects the employment or service contract you have, to a maximum of three years in the first application.
5.  You should apply to the correct visa office
As a NAFTA professional, you have the choice to apply at a port of entry (i.e., the border or airport), or at a visa office (currently either New York for US citizens, or Mexico City for Mexican citizens).
In my experience – if you have the time – it is best to apply at a visa office if at all possible.  It is far better to arrive at the border with work permit in hand rather than apply there.
I know of situations where the border officer was reluctant to issue a work permit (perhaps because the documentation wasn’t quite right), and told the applicant to leave and apply through a visa office.
If your time is tight, then by all means apply at a port of entry.  But be absolutely certain your supporting documentation is absolutely impeccable.
6. You must have the correct supporting documentation
I won’t go into detail regarding all of the supporting documentation required, as it will vary depending on the facts of each case.
Generally speaking, you first need to prove citizenship with a passport and/or birth certificate. You must have solid evidence that you actually qualify as a professional.  This would include official transcripts from the institution where you did your training, including a copy of your degree or diploma.  Certificates of membership in a professional organization (if applicable) would also be necessary.
As well, you should have letters of reference or employment contracts from previous employers to show your experience in the field.
Finally, you’ll need a copy of your employment agreement with a Canadian firm (or service contract), with a contact phone number and address in Canada.  The agreement must provide details of your duties in Canada (and those duties must match your NAFTA professional category), salary, length of employment, and so forth.
7. You must be entering Canada on a temporary basis
I suppose I should say that you must be able to show that you are entering Canada on a temporary basis. Just stating this fact to the visa officer is not good enough.
Bring evidence of your connections to the US or Mexico.  Evidence of assets held (including real estate, investments, bank accounts and vehicles) are crucial.
Provide evidence of family connections in the US or Mexico if you have them.  Showing your history of employment in the US or Mexico is always a very good idea as well, or any commitments that you have to return to (such as service contracts, clients or other employment in your home country).
As with all my posts, this post can not be considered legal advice, as your situation is unique and many factors will influence whether you are successful in obtaining a NAFTA work permit.
If you’ve found this blog post useful, please feel free to share it with your social network, or link to it from your blog or website.

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Canada hailed as one of five best G20 countries for entrepreneurs

Canadian entrepreneurs have much to smile about: Canada ranks as one of the best countries in the world to start a business, according to a report by EY.

The report applauded Canada’s low labour and startup costs, negligible insolvency rates, low tax burden, and said that the country has better access to funding than most other G20 countries. Yet, EY also noted three in four entrepreneurs cited that financing remains a hurdle in Canada, while 36% said business failure is a barrier to future venture opportunities.
The 2013 Entrepreneurship Barometer report, released by the consulting firm ahead of the G20 Leaders Summit next week, studied conditions for startups in the bloc. The second annual findings placed Canada among the top five in the G20, behind the United States and United Kingdom on conditions for entrepreneurs, but ahead of France and Germany.
“It’s a very positive story with respect to Canada in the world stage,” said Colleen McMorrow, EY director of Entrepreneur of the Year. The cost of starting a business has been cut in half in the past decade. Canada came second, bested only by Saudi Arabia, for its supportive regulatory and tax regime.
The top ranking quartile consisted of mature markets such as the U.S., U.K., Australia, South Korea, and Canada, but emerging markets are “nipping at our heels,” Ms. McMorrow said. “The job’s not done. There is lots of room for improvement.”


The notable levels of pessimism are attributable to entrepreneurs’ high expectations and lack of global context in realizing “how good [entrepreneurs] have it in Canada compared to other countries,” said Julia Deans, chief executive of the Canadian Youth Business Foundation (CYBF).


A national stigma for failure is also a barrier to entering the entrepreneurial class, Ms. Deans said.
Canada scores below average on perceptions of entrepreneurship as a viable career choice, a sentiment that doesn’t bode well for the general ecosystem with relatively low self-employment figures. “The challenge we have with the high youth unemployment rate is going to steer our youth toward entrepreneurship,” Ms. McMorrow said. Young adults need to start considering running a business as a feasible alternative to traditional career trajectories, such as medicine and engineering, she added.
Ms. McMorrow credited the federal government for trying to fuel the business climate, with initiatives such as the Startup Visa scheme that caters to innovative immigrants with 2,750 annual visas for at least five years.
The report surveyed more than 1,500 entrepreneurs on five areas: access to funding, co-ordinated support, education and training, tax and regulation, and entrepreneurial culture.
The job’s not done. There is lots of room for improvement
Canada’s weakest pillar, at 16th place, was “co-ordinated support” from mentors, incubators, and accelerators — “the glue that holds everything together,” described Ms. McMorrow. Public spending on education is high in the country, but informal training channels, especially corporate mentors, are limited.
While Canada ranks high for accessing domestic funding — primarily venture capital and private equity versus bank lending — the matchmaking of mentoring relationships between angel investors and startups are few and far between, she said. “It’s making sure that young entrepreneurs in particular understand that there are different sources of funding at different stages of growth along the entrepreneurial journey.”
Canadian entrepreneurs need to take advantage of incubating programs such as The Next 36 that conflate academic expertise, capital access, and mentoring, Ms. McMorrow said.
Many of these accelerators are concentrated in central and Western Canada, said Ms. Deans, which could account for lack of satisfaction with networking services.
“In some [provincial] markets, finance is much more readily available. In Saskatchewan, for instance, there are no accelerators. If you’re a young entrepreneur in Saskatchewan, your options for developing your business are way fewer than they are in southern Ontario,” she said.
Forty-five per cent of Canadian entrepreneurs said access to capital has improved in the past three years, compared to 35% G20 average.

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Bridging Open Work Permit Helps Workers Stay in Canada

Work Permit
Work Permit (Photo credit: Cliph)
Canada is committed to retaining the talented temporary foreign workers it needs to ensure continued economic growth. This includes making sure that temporary foreign workers are able to make a smooth transition to Canadian Permanent Residency if they so choose.
Beginning on December 15th, 2012, the Government of Canadaintroduced the Bridging Open Work Permit. This permit helps temporary foreign workers remain in Canada during their permanent residency application process. This takes pressure off of both workers and their Canadian employers, and allows them to continue working in Canada while waiting to hear word on the immigration application.
What is the Bridging Open Work Permit (BWP)?
It is not unusual for a foreign worker to realize that their temporary work permit is set to expire during the course of their permanent residency application process. Before the BWP, they were required to undergo the lengthy process of applying for work permit renewal if they wished to continue working in Canada. If a work permit could not be obtained, the individual (and their family) had the choice to either stay in Canada as a visitor, thus foregoing an income from work, or to leave the country until a permanent resident visa was issued.
Now, existing temporary foreign workers can apply for an Open BWP as long as they:
  • are currently in Canada;
  • have valid status on a work permit that is due to expire within 4 months;
  • have received confirmation from Citizenship and Immigration Canada (CIC) that their permanent resident application under the Federal Skilled Worker Program, Canadian Experience Class, Federal Skilled Trades Program, or a Provincial Nominee Program is eligible for processing
Do you have Confirmation of Eligibility for your PR Application?
The confirmation of eligibility is usually issued for applications under the Federal Skilled Worker Program when a positive Final Determination of Eligibility letter has been sent or emailed by the Central Intake Office (CIO). For the Canadian Experience Class , the Federal Skilled Trades Program , and the Provincial Nominee Programs, confirmation of eligibility is usually communicated when an Acknowledgement of Receipt has been sent by letter or email.
If you do not have either of these documents, you will need to contact CIC or request a copy of the notes relating to your Immigration application to determine whether your PR application has been found eligible for processing.
Receiving a Bridging Open Work Permit
A BWP is valid for 1 year after its issuance. During this time, it should be possible for an individual to receive a decision on their permanent residency application. If no decision is received, a request for extension of a BWP will be considered on a case-by-case basis.
If an applicant is applying for permanent residency through a Provincial Nominee Program, the open work permit will be restricted to the specific province the applicant has applied to.
“This work permit offers some long-awaited help to both foreign workers and employers alike,” said Attorney David Cohen. “By allowing foreign workers to easily stay and work while their permanent residency application is being processed, the Canadian government is underscoring just how highly they value these individuals.”
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