BC PNP Suspends Fast-Track Option

16th Nov 2012 Comments Off on BC PNP Suspends Fast-Track Option

Demonstrating once again why it is important for representatives to contain “change of law” clauses in their retainer agreements, the British Columbia Provincial Nominee Program (“BC PNP“) has effective immediately suspended the Fast Track nomination option in the business immigration stream.

The suspension will affect applications in processing.  Applicants with applications in processing who as of November 15, 2012, had not signed performance agreements with the Province of British Columbia (the “Province“) will not be eligible for the Fast Track option. Such applicants can either (1) continue under the regular nomination process, or (2) withdraw their application and receive a refund of their application fee.

Through the Fast Track option, BC PNP business applicants who obtained PNP supported work permits and who had arrived in British Columbia to set up their respective businesses could request immediate nomination for permanent residence if they posted a $125,000 performance bond with the Province. The bond was returned without interest to Fast Track nominees when they fulfilled their respective PNP performance agreements, but was forfeited by nominees if they failed to meet their performance obligations.

According to the Province, since 2007, only 26 Fast Track nominees successfully completed their performance agreements, compared with 261 business applicants nominated through the regular nomination process who fulfilled their performance agreements.

As any British Columbia immigration lawyer can confirm, since the Government of Canada suspended the Federal Immigrant Investor Program, the amount of inquiries about the BC PNP business applicants Fast Track Option have sky rocketed.  Many of those inquiries came from individuals who clearly had no intention to actively manage a business in British Columbia.

Indeed, because of this, those law firms (such as ours) which enjoyed meeting with and representing entrepreneurs who were passionate about their business idea in British Columbia will likely welcome the changes that the BC PNP makes to preserve the integrity of the business program.

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Removing “Foreigners” Who Traffic Drugs

Removing “Foreigners” Who Traffic Drugs

8th Nov 2012 Comments Off on Removing “Foreigners” Who Traffic Drugs

On the same day that Washington State and Colorado voted to legalize the possession of marijuana, Jason Kenney, Canada’s Minister of Citizenship and Immigration Canada, tweeted the following:

To answer your question, it depends on what you mean by foreigners.

Most people probably think that when you say foreigners you mean people residing in Canada as visitors, students, and workers.  If that is the case then yes… I believe that it is reasonable for the Canadian government to seek to remove such people from Canada if they are convicted of drug trafficking here.

However, the Conservative government’s Bill C-43, the Faster Removal of Foreign Criminals Act, currently before Parliament, goes beyond foreign nationals.  It provides that permanent residents who are sentenced to six months or more imprisonment (including conditional sentences) must be removed from Canada, regardless of how long they have been immigrants, whether they have family in Canada, or their specific circumstances.

I recently acted for an individual who immigrated to Canada over twenty years ago, but never became a Canadian citizen.  His family, including a wife and children, are all Canadian citizens.  The Minister of Public Safety and Emergency Preparedness sought to deport him because he was convicted of one incident of trafficking cocaine, and was sentenced to a 15-month conditional sentence.  Under our current immigration system, he could appear before the Immigration Appeal Division.  The IAD could consider his circumstances (including length of time and family in Canada) and stay his deportation subject to him complying with certain conditions (including not be involved in further criminal activity).  If Bill C-43 had been in force at the time that the Canadian government sought to deport him, he would not have been able to go to the Immigration Appeal Division,

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Americans Immigrating to Canada After the US Election

1st Nov 2012 Comments Off on Americans Immigrating to Canada After the US Election

As the US election approaches we’re seeing a slight uptake in the number of calls we’re getting from American citizens wanting to immigrate to Canada if [x] wins.

Whether it is Republicans saying that they want to move to a country where the government won’t control their health care and their guns, or Democrats saying that they want to move to a country where conservatives have no chance of winning elections, the message to us is clear…

People aren’t doing their research.

The Washington Post actually has an article up today on this very issue, which includes this funny video from Slate.

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