LMIA Exemption for Francophones

Immigration, Refugees and Citizenship Canada (“IRCC”) has a program to facilitate the ability of francophone foreign workers to enter Canada.  The benefit of the program, called Moibilte Francophone, is that no Labour Market Impact Assessment (“LMIA“) is required.  This means that employers of prospective francophone foreign workers do not need to pass a labour market test in order to employ francophone foreign workers.

To qualify for the LMIA exemption, applicants must:

  • apply at a visa office outside Canada;
  • be going to work in an occupation which falls under National Occupation Classification 0, A or B;
  • have French as his/her habitual language; and
  • be destined to a province other than Quebec.
Here are some other key things to note about the program.
1. Recruitment through a francophone immigration promotional event coordinated between the federal government and francophone minority communities is no longer required. 
Previously, participation in Moibilte Francophone was restricted to prospective foreign workers recruited through government promotional events. This requirement, which the government interpreted incredibly broadly in any event, is no longer the case.
Previously, the program worked as follows:

2. Habitual French speaking abilities are required, but not for the job. 
To approve the work permit application officers must be satisfied that the foreign national’s habitual language of daily use is French.
Where the officer is not satisfied the foreign national’s habitual language is French, applicants may need to attend an interview or provide language results demonstrating an advanced intermediate level or above in French. An “advanced/intermediate” level is defined as Canadian Language Benchmark 7.
Importantly, the offer of employment in Canada does not have to require French language ability.
3. Applicants cannot apply at ports of entries. 
French citizens can typically apply for work permits at Canadian ports of entry. However, under Moibilte Francophone, initial work permits must be submitted online.
4. There is no corresponding program for anglophones seeking employment in Quebec.
The legal justification for providing preferential treatment to francophones intending to work outside of Quebec is based on s. 3(1)(b) of the Immigration and Refugee Protection Act (the “Act“), which states that one of the goals of Canada’s immigration system is:

(b) to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada;

Although there is no legal reason why this LMIA exemption cannot also theoretically apply to anglophones seeking employment in Quebec, people awaiting an Operational Bulletin to this effect hopefully know how to hold their breath for a long time.

5. The goal is to increase francophone immigration. 

Mobilite Francophone corresponds with other advantages given to francophone individuals who are applying for permanent residency through Express Entry.

It is not hard to see why special programs are needed.

As the chart below shows, the percentage of immigrants of francophone descent outside of Quebec is around 1%.

FrancophoneImmigration

 


Learn the Language

The following blog post appeared in the June 2012 edition of Canadian Immigrant Magazine.

It is generally recognized that proficiency in either English or French is essential if newcomers to Canada wish to be economically successful here.  While immigrants who cannot converse in one of Canada’s official languages may find some employers who are willing to hire them, their career mobility is limited relative to those who can.  Indeed, numerous recent studies reveal that an immigrant’s language proficiency is perhaps the most important indicator of economic success.

The Government of Canada has taken note of these studies, and has begun implanting language requirements for numerous immigration programs.

The Canadian Language Benchmark

The Canadian Language Benchmark (CLB) is the national standard used in Canada for measuring the English language proficiency of adult immigrants and prospective immigrants. It covers four skill areas: reading, writing, speaking, and listening.  Individuals are ranked in these areas on a scale of 1-12.

The Canadian government generally recognizes two tests for measuring an applicant’s CLB level; the International English Language Testing System (IELTS) and the Canadian English Language Proficiency Index Program (CELPIP).  While both use different scales than the CLB (the IELTS runs on a scale of 1-9, and the CELPIP runs on a scale of 0 – 6), their test scores correspond to CLB levels.

Current Immigration Programs With Language Testing

The Canadian Experience Class is the main immigration program that currently requires language testing.  For English speaking applicants, the IELTS is the only test that is accepted in this program.  There are numerous combinations of IELTS scores that applicants can obtain to meet the program’s requirements.  While these vary depending on work experience, a good rule of thumb is that individuals with work experience in management occupations or occupations which require a university degree should score 7 or above in each of speaking, listening, reading, and writing, while those with experience in other skilled occupations should score 5 or above.

There is no minimum language threshold for Federal Skilled Worker Program (FSWP), also known as the points system.  However, individuals who wish to receive points for English language ability must provide either IELTS or CELPIP results.  Most FSWP applicants submit test results as the 67 point threshold required to immigrate under the program much makes it difficult to qualify without points for language proficiency.

Individuals applying in the Investor, Entrepreneur, or Self-Employed category who wish to receive points for English language ability also need to submit IELTS or CELPIP results.  However, as the point threshold to immigrate under these programs is only 35, most applicants don’t.

New Language Testing Requirements

The Provincial Nominee Program (PNP) has traditionally been exempted from language testing requirements.  However, starting July 1, 2012, PNP applicants with work experience in semi- or low-skilled professions will have to meet minimum language requirements.  Applicants taking the IELTS will be required to obtain a minimum of 4 in each of speaking, listening, reading, and writing.  Applicants taking the CELPIP will be required to obtain a minimum of 2H.  It is important to note that any temporary foreign worker who arrives in Canada on or before July 1, 2012, and who subsequently gets nominated by a province no later than July 1, 2013, will be exempted from this change.

The other area soon to have mandatory language testing is citizenship.  Traditionally, the government tested language ability through the Citizenship Exam.  However, it will soon require that citizenship applicants submit proof of proficiency in either English or French with their applications. For English speakers, acceptable means of proof will include IELTS or CELPIP results (with the same threshold as the above-mentioned PNP applicants), evidence of completion of secondary or post-secondary education in English, or evidence of completion, and achievement of a certain level, in a government-funded language training program.

Learn English or French

For a long while now I have recommended to clients that they endeavor to learn English or French.  Many ignored my suggestion as they were able to immigrate to Canada without submitting proof of language proficiency.  The ability to do this is gradually diminishing.  The Canadian government has already announced that language testing will soon be required for all PNP applicants.  It has also raised concerns regarding foreign workers being unable to communicate with emergency response providers, and I would not be surprised if language standards were soon implemented in the Temporary Foreign Worker Program.  I would be astonished if language testing was introduced in the Family Class or for refugees, however, considering that the UK government recently introduced language requirements in its spousal-sponsorship program, you never know.

So please, if you want to immigrate to Canada, the best thing that you can do to increase your chances is to learn either English or French.


Quebec Regulates Immigration Consultants

Fresh off the heals of the Federal Government introducing new regulations for immigration consultants, the Quebec government has announced similar regulations that will come into force effective November 4, 2010.

The regulations, which are outlined in the Gazette, contain the following provisions of interest:

  • The regulations do not apply to members of the Quebec bar, or members of another bar who are authorized to practice in Quebec.
  • All immigration consultants must pass a test on Quebec immigration consultants.
  • All immigration consultants must be proficient in French, the standards of which are specified in the regulations.
  • An immigration consultant must pay $1000 every two years to keep his/her license.
  • There must be a “mandate” (which sounds like a retainer) with each client.

Requiring that immigration consultants be proficient in French is an interesting development. An individual will be proficient if he/she can show that he/she has:

  • passed an examination recognized by the Minister;
  • received, on a full-time basis, no less than 3 years of secondary or post-secondary instruction provided in French;
  • passed the fourth or fifth year secondary level examinations in French as the first language; or
  • obtained a secondary school certificate in Québec from and after the school year 1985-1986.

What do you think? Is it fair to require that immigration consultants be proficient in French (or English for the rest of Canada for that matter) even if their individual lack of proficiency does not prevent their firm from completing applications?