Government of Canada Replaces the Live-in Caregiver Program

Janet Morris, Director of Bet Tzedek's Family Caregiver Program, with clients. (Photo credit: Wikipedia)

On November 28, 2014, the Government of Canada issued Ministerial Instructions completely overhauling Canada's caregiver immigration programs.  

The changes consist of:

• Suspending the in-take of applications under the existing Live-in Caregiver Program;
• Establishing the Caring for Children Class; and
• Establishing the Caring for People with High Medical Needs Class. 

The above changes all take effect on November 30, 2014.

Suspending the in-take of applications under the existing Live-in Caregiver Program
 
No new permanent resident applications under the Live-in Caregiver Class will be accepted for processing unless they are supported by evidence that the underlying work permit associated with the foreign national's initial entry to Canada as a live-in caregiver was based on a Labour Market Impact Assessment application that the employer requested on or before November 30, 2014. 
 
Establishing the Caring for Children Class
 
Individuals will be eligible to apply for permanent residence under the Caring for Children Class if they:

• Have acquired, within the four years of applying for permanent residence, at least two years of full-time work experience in Canada as a Home Child Care Provider, within the meaning of that occupation as set out in National Occupational Classification code 4411, other than experience as a foster parent;
• Meet the employment requirements of being a Home Child Care Provider;
• Have attained (through the completion of a language exam) a level of English or French language proficiency at Canadian Language Benchmark 5,
• Have obtained either a Canadian educational credential of at least one year of post-secondary studies, or a foreign equivalent as demonstrated through an educational credential assessment; and
• They intend to reside in a province other than Quebec. 

The full-time work experience in Canada referred to above must have occurred while a foreign national was authorized to work in Canada under a work permit, and cannot include any period during which the foreign national was engaged in full-time study or was self-employed.  It is imperative that open work permit holders complete medical examinations and ensure that their work permits allow them to work as Home Child Care Providers before they begin working. 

Although the Ministerial Instructions do not mention any application caps for the Caring for Children Class, in a press release on October 31, 2014, Citizenship and Immigration Canada announced that the program would be capped at 2,750 applications per year. 

Establishing the Caring for People with High Medical Needs Class
 
Individuals will be eligible to apply for permanent residence under the Caring for People with High Medical Needs Class if they:

• Have acquired, within the four years of applying for permanent residence, at least two years of full-time work experience in Canada in one of the following occupations:
  • Registered Nurse or Registered Psychiatric Nurse within the meaning of National Occupational Classification code 3012;
  • Licensed Practical Nurse within the meaning of National Occupational Classification code 3233;
  • Nurse Aide, Orderly, or Patient Service Associate within the meaning of National Occupational Classification code 3413; or
  • Home Support Worker, but not Housekeeper, within the meaning of National Occupational Classification 4412. 
• Meet the employment requirements of their respective occupation;
• Have attained (through the completion of a language exam) a level of English or French language proficiency at Canadian Language Benchmark 7 for Registered Nurses or Psychiatric Nurses, and Canadian Language Benchmark 5 for the remaining professions,
• Have obtained either a Canadian educational credential of at least one year of post-secondary studies, or a foreign equivalent as demonstrated through an educational credential assessment; and
• They intend to reside in a province other than Quebec. 

The full-time work experience in Canada referred to above must have occurred while a foreign national was authorized to work in Canada under a work permit, and cannot include any period during which the foreign national was engaged in full-time study or was self-employed. It is imperative that open work permit holders complete medical examinations and ensure that their work permits allow them to work as Home Child Care Providers before they begin working. 

Although the Ministerial Instructions do not mention any application caps for the Caring for Children Class, in a press release on October 31, 2014, Citizenship and Immigration Canada previously announced that the program would be capped at 2,750 applications per year. 
 
More information about the Ministerial Instructions can be found here. 

Source: Steven Meurrens, Barrister & Solicitor

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Canada Set to Announce New Immigrant Investor Plan

By

BEN DUMMETT and

ALISTAIR MACDONALD

Updated Nov. 27, 2014 3:09 p.m. ET

0 COMMENTS

Canada is set to announce a new program that would enable some prospective immigrants to acquire residency visas by investing at least 1 million Canadian dollars ($890,000) in a venture-capital fund, a scheme some other western countries have used to attract wealthy, mainly Chinese, newcomers.

Ottawa will create an new immigrant class for individuals who could place C$1 million to C$2 million in a VC fund that would in turn invest in startups, according to a person familiar with the matter. The government is targeting investments totaling around C$120 million, that person said.

Ottawa scrapped a previous immigrant-investor scheme in February, and canceled a backlog of tens of thousands of mainly Chinese applicants. That move was seen as another sign that Canada was becoming less welcoming to China and its investment, coming not long after Ottawa shut the door on Chinese state-owned investment in Canada’s oil sands.

Ottawa denied that view, saying the visa program, which granted permanent residency to those who committed C$800,000 to a five-year zero-interest loan to a Canadian province, allowed people to effectively buy their way into the country without making an investment or taking any risk.

In recent years, Canada has let in more immigrants per capita than any other Group of Seven country.

The new venture-capital linked scheme addresses the view that the previous scheme undervalued Canadian permanent residency and enabled some applicants to gain residency without moving to Canada. Canada signaled for the plan in February, but has yet to release any of the program’s details.

A spokesman for Canadian Immigration Minister Chris Alexander said details governing the new venture capital fund are still being finalized and would be unveiled in due course. He declined to elaborate on specific features of the fund.

Under the new program, investors aren’t guaranteed a return from their investment and could face losses depending on the performance of the VC fund’s investments.

The new program comes as VC fundraising declined 29% year-to-date in the third quarter, according to Canadian Venture Capital and Private Equity Association.

Ottawa has encouraged venture-capital investment as way of generating innovation, skilled-job creation and long-term economic growth. The government has earmarked C$400 million for existing and new venture-capital funds as a way to kick-start private money flows into this style of funding, which typically takes bets on early stage or startup companies. Ottawa also wants the private sector to commit two dollars for every dollar it allocates to VC funding.

Other Western governments have offered residency or passports in exchange for immigrant investment. Under one U.K. scheme, anyone with the intention and means to invest GBP2 million in the country can get a visa. In the past, European countries, including Portugal, Spain, Greece and Cyprus, have allowed investors a residency permit for buying as little as EUR250,000 ($340,950) of real estate.

Last month, Australia offered a faster 12-month pathway to permanent residency for people investing A$15 million ($13.2 million) or more into the country. The Premium Investor Visa program targets investment in higher-risk infrastructure priorities rather than lower-risk sovereign bonds and managed funds. The new visas build on an existing plan—Significant Investor Visas—offering residency in four years for people investing at least A$5 million. As on Nov 24, China accounted for 90.8% of applications, and 87.7 % of visas granted.

—Rob Taylor and Paul Vieira contributed

Write to Ben Dummett at ben.dummett@wsj.com and Alistair MacDonald atalistair.macdonald@wsj.com

Source: http://online.wsj.com/articles/canada-set-to-announce-new-immigrant-investor-plan-1417110338?tesla=y&mg=reno64-wsj&url=http://online.wsj.com/article/SB11659981523255993497704580302972932810424.html

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