Processing for Certain Federal Skilled Worker Backlog Applications: Budget 2012 – amended version

CIC has instructed visa posts not to cease processing pre-27 February 2008 files until the legislation abolishing them has come into force.  See:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob413.asp

On the surface, it's good news because it means that visa posts have the authority to process older files at least until the legislation is passed.  However, the fact that they have the authority to process the older files does not mean that they will necessarily do so.  This directive could merely be a ploy to be used against the inevitable class-action court case -- a means for holding back the launching of any such lawsuit on the grounds that the files have not yet been closed and, thus, no cause of action yet exists.  (In contrast, the Bulletin strengthens our mandamus litigation, seeking an order to have the litigants' applications filed, because CIC has conceded our litigants' continued right to have their files assessed.)

Hong Kong, however, has been sending to those, who received an earlier direction to update their forms and documents, a second letter, rescinding the first direction.  Operational Bulletin 413 reinforces my advice to ignore the second letter and submit the forms and documents.  In fact, those who fail to comply with the first letter may find their files refused on the 121st day after the date of the letter sent.  Bulletin 413 is yet another example of why nothing CIC says should be trusted to remain true ten minutes after it has been said.

However, original documents should not be sent.  The Minister's office has advised a reporter that it will not be returning the application forms and documents because it does not wish to incur the cost of returning them.  This conduct fits squarely into the definition of theft found at section 322(1)(a) of the Criminal Code of Canada and reinforces the moral bankruptcy of the decision-makers at Citizenship and Immigration Canada.  .

Regards,

Canada considers starting new startup visa program

April 19, 2012           

Canada, 19th April: Canada has plans to launch a new Canada startup visa program for attracting foreign entrepreneurs to the nation.

By beginning new Startup Visa program, Canada hopes to lure the next Steve Jobs or founder of Google.
Canada considers to float new ‘startup visa’ program—To import immigrants having brilliant business ideas, Canada is considering launch of a new visa program shortly.
To be named Canada new startup visa program, it will aim to lure foreign entrepreneurs who are creative and willing to invest in Canada. This special new immigration stream will target foreign entrepreneurs having good startup business ideas, Canada immigration minister Jason Kenney informed.

Have brilliant business ideas, Canada beckons you to come and set up business here. That’s exactly what the planned new startup visa program seems to convey to prospective immigrant entrepreneurs willing to immigrate to Canada.

He has launched nationwide consultations with industry associations for chalking out ways to attract budding immigrant entrepreneurs to the nation.
Job creation, Canada’s top priority—While speaking on the occasion, immigration minister Kenney said Canada government remains committed to job creation and long-term prosperity of the nation. He affirmed that Canada simply cannot afford to be a loser in the global competition for immigrant entrepreneurs.
And by inviting immigrant entrepreneurs to come and set up businesses here, Canada can look forward to creation of new jobs for Canadians, he maintained.
So, it must chalk out a plan to enable foreign entrepreneurs having innovative skills to take Canada to all new highs, Kenney asserted. If all goes well, the new immigrant stream for foreign entrepreneurs will run for a period of five years and the annual intake will be limited to 2,750 applications.
And it is not yet clear how many foreigners will be admitted successfully under this scheme.
Moreover, the fact whether entrepreneurs selected under this immigration category will come to Canada as permanent residents or on a conditional visa for working here is not known currently.
Once this trial is a success, the CIC (Citizenship and Immigration Canada) will consider introducing it in a formal manner through regulatory changes, Kenney informed. For this a new economic class will be required to be introduced in the Immigration and Refugee Protection Regulations by CIC.
At present, Canadian government is considering various small programs to allure foreign entrepreneurs. And the focus is to invite increased investment in Canada’s companies through innovative entrepreneurs.

Canada considers starting new startup visa program | Canada Updates

Canada considers starting new startup visa program | Canada Updates

Changes needed to ensure immigrants and jobs better matched: Kenney

By Stephanie Levitz, The Canadian Press  | March 07, 2012

Chat inShare Email More Sharing Services

Minister of Immigration Jason Kenney delivers a speech to the Economic Club of Canada in Ottawa on Wednesday, March 7, 2012. THE CANADIAN PRESS/Sean Kilpatrick

OTTAWA - Major changes to the immigration system could include erasing a massive backlog of applications, the minister in charge said Wednesday.

Immigration Minister Jason Kenney said all options are on the table when it comes to modernizing the process of bringing in would-be immigrants.

"We must have transformational change to move to an immigration program that works for Canada and for newcomers," he said in a speech to the Economic Club of Canada.

He said the changes which will roll out over the course of 2012, will include one to give the provinces the ability to cherry-pick the immigrants they want.

He said Canada also has an eye on New Zealand, where a backlog of immigration applications was legislated away in 2003 and replaced by a pool of prospective applicants.

For now, a pilot program will allow provinces and territories to accept an additional 1,500 immigrants a year if they select them from an existing backlog of skilled worker applications.

"At this point we are looking at all options of dealing with these backlogs and coming up with a faster, more responsive system," Kenney told reporters after the speech.

A parliamentary committee report tabled Tuesday said there is currently a backlog of over a million applications, including as many as 460,000 in the skilled worker category.

Officials told the committee that without changes to the system that backlog won't be eliminated until 2017.

Kenney said the system as it stands is dysfunctional.

"We can’t continue to tell people that they’re going to wait for eight years for a decision on whether they can come to Canada," he said.

He said the government also needs to be more proactive when it comes to communicating with potential applicants about different routes into Canada.

But NDP Immigration critic Don Davies says while it's important to match immigrants with economic needs, there needs to be a more holistic approach to the issue.

"Immigration deals with people, it deals with families and human beings," Davies said.

"It's not just treating people like economic widgets in a machine that we can ruthlessly bring into our country."

And he said the idea of transferring more power to the provinces and in turn to employers, has risks.

"I don't think we want to be delegating the choice of who comes to the country to the private sector," he said.

Kenney said that wouldn't be the point of allowing more matching between jobs and immigrants.

"It's not about privatizing the immigration system, it's about a more active role of recruitment for people so they have jobs when they show up," he said.

"I'd rather have an engineer working as an engineer than a cab driver. That's really where we are trying to go with this."

Changes needed to ensure immigrants and jobs better matched: Kenney | CanadianBusiness.com

Changes needed to ensure immigrants and jobs better matched: Kenney | CanadianBusiness.com

Harper Announces “Major Transformation” of Canadian Immigration

January, 2012

9Share

0

Speaking at the World Economic Forum in Davos, Switzerland, this past week, Canadian Prime Minister Stephen Harper outlined a plan for broad and lasting economic change in Canada.
Key to this plan is ‘significant reform of our immigration system’. Standing in front of an international audience of state representatives and private businesspeople, Harper stated: “We will ensure that, while we respect our humanitarian obligations and family reunification objectives, we make our economic and labour force needs the central goal of our immigration efforts in the future”.
Specific details as to how Canadian immigration systems will accommodate a large-scale shift in priorities were not included in his speech. However, Immigration Minister Jason Kenney later quantified some planned initiatives to address Harper’s goal of using the immigration system to directly respond to economic needs. He underscored Canada’s continued commitment to keeping immigration levels high, and was quick to point out that despite the global recession, Canada has accepted more immigrants per capita than any other developed country.
One significant change that Kenney expanded upon referred to the points grid used to assess Federal Skilled Worker applications. It will be changed to “look at younger workers, people with pre-arranged jobs, and also go to a system that’s more proactive; more reaching out and recruiting people who have the skills we need rather than just being an entirely passive system”. Central to this change in the points system will be a renewed emphasis on skilled trades learned through experience rather than higher education. Kenney states that “the skilled worker program basically selects people with advanced university degrees. But a lot of the job shortages in Canada are people with more basic [skills] – skilled trades for example”.
Many Provincial Nominee Programs have already been expanded to accommodate individuals who will contribute to the Canadian economy in this way. It is now hoped that by pursuing a similar structure federally, Canada will be able to use a more flexible immigration program to fill gaps in the job market.
These changes have the possibility to facilitate immigration for workers that were previously unable to qualify for permanent residency. “Skill is not necessarily defined by a college degree,” says Attorney David Cohen. “If this issue is addressed wisely, Canada will have the opportunity to attract valuable immigrants in the international labor pool who have been previously overlooked”. However, he cautions those now seeking to immigrate to Canada, stating that “currently qualified immigrants should not wait until changes take place, as it is unclear how they will stand under the new protocols”.
Kenney finished by noting that additional changes will be made in entrepreneurial and investor programs. Greater attention will be paid to individuals who come to Canada to set up “high tech and research & development-based companies that will create the wealth of the future”.
It is expected that a detailed and comprehensive plan for immigration reform will be presented some time in the spring. Though it targets immigration in skilled worker categories, it is unclear how (if at all) this will affect other streams of immigration such as family class. However, it appears that through these announced (and yet to be announced) changes, Prime Minister Harper is setting the stage for immigration policies that will affect a generation to come.

Occupation not in the list - What are my immigration options

Occupation not in the list - What are my immigration options

It is a common question these days asked by the aspirants who wish to make Canada their home: "My occupation is not in included in the list of "in-demand occupations" (also termed as the "priority occupation list"). What are my options if I was to immigrate to Canada?"



For a highly qualified individual, it is sometimes difficult to realize that their application is not eligible for processing. Some of them are not very happy to learn that they do not qualify to immigrate to Canada. It is understandably difficult for them to realize that they are no eligible just because they do not meet one of the mandatory requirement  introduced by the Canadian government in recent times. That is to have at least one year of full time, paid and continous work experience in one of the occupations listed in the "priority occupation" list.

As per the current requirements for Federal Skilled Worker Class of Canada's Immigration Program, one must have at least one year of full time/full time equivalent paid and continuous work experience in at least one of the occupations identified as high demand occupations eligible for processing by the Minister of Immigration in his Ministerial Instructions (MIs). So far, there have been 3 MIs issued since November 2008 with changes in occupations as well as the number of applications allowed each year. Currently, there are only 29 occupations eligible for processing and only 500 applications allowed for processing each year at the time of writing of this post. The full list of eligible occupations can be viewed at http://www.amirismail.com

While it may seem impossible for many to come to Canada as a skilled worker given that their occupation is not included in the current priority list, there are still other ways people could immigrate to Canada. Let's discuss them today.

1: Arranged Employment Opinion (AEO) or Provincial Nominee Programs for Skilled Workers

Individuals who have the opportunity of being offered a job in Canada by a Canadian employer with a view that the job will be available to the person after he/she has landed in Canada as a permanent resident, can by bypass the requirement of having at least one year of experience in one of the occupation listed in the priority list.  This could be the time to tap your Canadian contacts and see if you could be offered such an opportunity. However, you should remain wary of the offerings made by the unauthorized agents in the market offering jobs or should one say "selling" job offers letter. It is illegal to charge money for arranging a job in Canada. It is important to note that a job offer letter alone is not sufficient. The employer has to lodge a formal application to the labour department in Canada, also called Service Canada, to have that offer opinionated. In doing so, the Service Canada reviews the criteria established to approve or reject the application. If approved, the applicant submits the Federal Skilled Worker Application to the processing post with the positive opinion of the Service Canada. Not only the applicant get to bypass the occupation list, he/she is also awarded extra 15 points on the selection grid. The current pass mark is 67 and these additional points go a long way in reaching to to it. In the case of a provincial nominee program for skilled workers you must have a job offer from an employer based in the particular province you are considering immigrate to.

2: Canada Experience Class and Provincial Nominee Programs for students:

International students studying in Canada enjoy the benefit of applying for permanent residence after completion of their studies under the Canada Experience Class. It is a relatively new category very suitable for those who wish to continue residing in Canada after securing a Canadian degree. Students can also consider applying for permanent residence via provincial nominee programs for international students being administered by various provinces. Many people have considered coming to Canada to acquire a world-class degree and eventually becoming a Canadian permanent resident if they so desire after the completion of their studies.

3: Provincial Nominee Programs for businessmen and Investor Programs

A lot of people think that the provincial business immigration programs and investor programs are only confined to business individual. While that holds true, it is also important to note that the programs also accommodate Senior Mangers employed at medium to large sized firms provided they meet the definition of "business management" experience and the "net worth" required. For most of the PNP programs for business the net worth required is C$350,000 to C$800,000 while for the investor program it is C$1,600,000. Each program come with its own selection criteria and obligations to either establish the business and invest certain amount (usually in the vicinity of C$150,000) in their own business within two year of landing in Canada or invest C$800,000 with the Canadian Government (refundable after 5 years or pay one time non-refundable fee of C$180,000) without any obligation of establishing a business.

4: Provincial Family Stream Programs 

Foreign nationals who have their close relatives residing in those Canadian provinces that administer the "Family Stream" programs can benefit of being sponsored by those Canadian relatives. This sponsorship option is not available through the Federal Sponsorship program that allows the sponsorship of very limited relatives such as spouse, kids, parents and grandparents or grandchildren. Not all provinces offer this option but many do and it is worth checking if your relatives are residing in one such province.