A Summary of Quebec Immigration Today

JULY, 2014

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Quebec immigration remains open to a wide range of applicants. In fact, immigrating to Quebec is a popular route to achieve Canadian Permanent Residency. With the goal of reducing processing times for applications, the Government of Quebec has introduced a number of changes to Quebec immigration programs in recent months. Permanent workers, investors, entrepreneurs and self-employed workers looking to apply for a Quebec Selection Certificate should take note; spots are filling up quickly. Here is an overview of where these various programs stand today:

Quebec Skilled Worker Program

As of July 4^th, the Quebec Skilled Worker (QSW) program has received over 4,400 applications out of a maximum intake cap of 6,500. This means that the program’s application cap, which was put in place on April 1, 2014, is now approximately two-thirds full.

Prospective immigrants applying to the QSW program must intend to live and work in Quebec. Applicants must, at a minimum, possess a diploma that corresponds to a Secondary School Diploma or a Diploma of Vocational Studies in the Québec education system.

Points are also awarded to applicants for a number of factors, including:

• Level of education;
• Area of training;
• Age;
• French and/or English language skills;
• Work experience;
• Relationships to Quebec residents;
• Ability to be financially self-sufficient; and
• An offer of employment, if applicable.

Moving Forward: Expression of Interest system

The Government of Quebec has hinted that, in 2015, it will follow the lead of the Federal Government in transitioning to an ‘Expression of Interest’ immigration system.

The Expression of Interest model is designed to better target skilled immigrants and fill identifiable gaps in the labour market. It screens applicants based on aspects such as work experience, education, and language ability. The government then invites the best-suited applicants to apply for immigration through one of its programs.

If the Government of Quebec transitions to this system next year, it will signal the end of the current QSW selection system. This means that this is the last chance for applicants to apply directly to the QSW program.

“As the program stands today, applicants have until March 31^st 2015 to apply, or until the cap is filled,” said Attorney David Cohen. “It is looking more and more likely that the cap will fill well before March. This means that, for many individuals interested in immigrating through this popular program, time is absolutely of the essence.”

Quebec Investor Program

 The Quebec Investor Program also has a cap, which is the same as last year. No more than 1,750 applications will be accepted for review under this program. Moreover, no more than 1,200 applicants will be accepted from any one country.

Applications to this program will only be received during a short window of time, which has yet to be determined. While the official government website maintains that the program will be accepting applications between September 8^th and 19^th, the Quebec 2014 budget, which was adopted in June, indicated that these dates are likely to be changed. In any case, now is the time for applicants to begin putting his or her files together.

It is important to note that there is no cap for investors who are able to communicate in French at a high-intermediate level or higher. This means they can apply between now and March 31^st 2015 regardless of how many other applications are received.

To qualify for the Quebec Investor category, investors must intend to reside in Quebec. They must also have a net worth of at least C$1.6 million and have a minimum of two years experience in management during the last five years. Lastly, investors have to agree to invest at least C$800,000 through a government approved financial intermediary.

Entrepreneurs and Self-Employed Workers

Like the QSW program, the Entrepreneur and Self-Employed Worker programs are quickly filling up. Over 300 applications have been accepted for review out of a maximum of 500 for the two programs combined.

To be eligible for the Entrepreneur program, among other things, an applicant must have net assets of at least C$300,000, and have a minimum of two years’ experience in the last five years running a lawful, profitable, business.

The eligibility requirements for the Self-Employed Worker program include having a net worth of C$100,000, and having at least two years of experience as a self-employed worker in the field the individual plans to practice in Québec.

Quebec Experience Class

Another option for immigration to Quebec is the Quebec Experience Class, which has no cap. This program is open to temporary workers who have held a skilled job in Quebec for 12 out of the last 24 months as well as graduates of Quebec universities or those nearing graduation. This program also requires knowledge of French.

Source: http://www.cicnews.com/2014/07/summary-quebec-immigration-today-073616.html

Temporary Foreign Worker Program Overhaul: What Workers Need to Know

JULY, 2014

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On June 20, 2014 the Government of Canada announced major changes to the Temporary Foreign Worker Program (TFWP). These changes have significant repercussions for Canadian employers across the country as well as current and future foreign workers.

Many of these changes also have a significant impact on how foreign workers obtain their work permits, as well as what will happen during and after arrival in Canada. This issue will explore in detail the most important changes and what they mean for current and future foreign workers in Canada.

Labour Market Impact Assessments (LMIAs)

In most cases, Canadian employers need to obtain government approval before hiring a foreign worker. This approval comes in the form of a Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO).

In the eyes of the government, the responsibility for securing an LMIA rests solely with the employer in Canada. The LMIA process assesses whether the employer is eligible to hire from abroad.

Temporary foreign workers should be aware that employers in need of an LMIA will face increased restrictions, more in-depth requirements, and enhanced inspections and punishment if they do not follow the rules. According to Attorney David Cohen, these new measures may make some employers more reluctant to hire some foreign workers.

“If you are a foreign worker who has received a job offer in Canada, especially from a small or medium sized employer, you should be prepared for the employer to possibly question whether they want to go through this process at all,” said Attorney Cohen. “It would be prudent if you do your own research so that you can help your employer understand the new rules, if need be. At the very least, you can direct him or her to the services of a professional immigration representative, who could help to navigate the process.”

LMIA-Based Work Permit Restrictions

In addition to increased LMIA requirements, there are now new time limits placed on work permits that require LMIAs. Individuals whose Canadian job offers are considered ‘low-wage’ under the new LMIA system (that is, individuals who will be paid less than the provincial median wage) will be issued work permits valid for no longer than one year in length. In addition, low-wage applications that were submitted before June 20, 2014 will not be processed. They will be returned with a refund of government processing fees. Employers are welcome to re-apply following the new rules for low-wage LMIAs.

The government has also implied that the maximum work permit length for ‘high-wage’ workers, who are paid a salary that meets or exceeds provincial median wages, will also be reduced. It has been reported that the maximum length will be cut to two years, although this has yet to be formally implemented.

Options remain in place to renew work permits that are set to expire, as well as to transition from temporary worker status to permanent resident status.

“For many individuals, coming to Canada as a foreign worker is a first step towards becoming a Canadian Permanent Resident or even a Canadian Citizen,” said Attorney David Cohen. “However, since work permits will now be issued for shorter lengths of time, foreign workers hoping to make that transition must plan out how they will apply for permanent residency as soon as possible.”

Moratorium Lifted for Food Service Work Permits

On April 24, 2014, the government announced a moratorium on LMIA and work permit issuances for certain occupations in the food services sector. As of June 20, this moratorium has been lifted and workers in the food sector may once again apply for work authorization.

LMIA-Exempt Work Permits

Work permits that do not require LMIA approval are now known as ‘International Mobility Programs’.

Certain work permits are LMIA-exempt but remain tied to a specific employer. These sorts of permits most commonly pertain to individuals applying under the NAFTA Program and the Intra-Company Transfer Program.

Currently, individuals are able to apply for their LMIA-exempt work permit once they obtain a job offer from a Canadian employer. In the future (date unknown), Canadian employers will be required to submit their job offers for approval to Citizenship and Immigration Canada before the foreign worker can apply for the work permit. Employers will be required to pay a $230 processing fee to have their job offer evaluated.

The foreign worker must still pay the standard $155 work permit application fee when submitting an application.

Open Work Permit Fees

In the future (date unknown), recipients of Open Work Permits will be required to pay a $100 ‘privilege fee’ in addition to the standard application fee of $155. Individuals who are eligible for open work permits include the spouses of foreign workers and students in Canada as well as participants in certain work exchange programs.

All new fees will help to cover government services such as work permit processing and employer compliance inspections.

Working in Canada Today

It is important to note that individuals who are currently in Canada on a work permit will not see any changes made to their current permits. However, any requests to renew or extend their work permits will be subject to the new rules.

Workers entering Canada under the new rules should be aware that a number of provisions have been put in place to make sure employers treat their foreign employees fairly. Those who have found in be non-compliant could be blacklisted from hiring abroad and be forced to pay fines of up to $100,000. These new standards have the potential to provide greater protection to foreign workers and to cut down on exploitation by employers.

As before, there are a number of options for foreign workers to transition from temporary to permanent residency. These include the Canadian Experience Class, Quebec Experience Class, Federal Skilled Worker Program, Quebec Skilled Worker Program, and a range of Provincial Nominee Programs.

Source:http://www.cicnews.com/2014/07/temporary-foreign-worker-program-overhaul-workers-073605.html