The following is a summary of the Environmental Overview of the immigration functions at the Canadian Consulate in Chandigarh (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Areas in blockquote are direct passages from the Environmental Overview. Environment The Canadian Consulate in Chandigarh (“CIC Chandigarh”) provides temporary residence processing in northwest India. It recorded a record number of decisions in 2012. In partnership with Delhi and the VAC (VFS), prospective non-immigrant applications are created in GCMS overnight for all applications received by VFS in India, before the applications are physically delivered to mission the following morning. File creation by QRC is not possible due to Indian law prohibiting the international transfer of personal data. As there is no more requirement to scan the 2D barcodes, file creation is completed much more quickly. Only consequence is that Chandigarh appears as the secondary office for all applications received in India (Delhi showing as the principal office); statistical reports and the monitoring of pending applications must take this into consideration. … The elimination of 20 barcode scanning and the overnight creation of prospective applications has freed up some time for the LE3 Registry … Read More
Biometric Travel Headaches
On December 1, 2013, I noted that Canada has introduced a biometric requirement for nationals of certain countries. I wrote: Biometrics is the measurement of unique physical characteristics, such as fingerprints and facial features, for the purpose of verifying identity. Citizenship and Immigration Canada’s (CIC’s) goal in requiring that certain foreign nationals provide biometrics is to make it more difficult for individuals to use another person’s identity, and to prevent criminals, deportees and previous failed refugee claimants from (re-)entering Canada using false identification. By Dec. 11, citizens of the following countries will be required to give their biometrics (fingerprints and digital photograph) when they apply for a visitor visa, study permit or work permit: Afghanistan, Albania, Algeria, Bangladesh, Burma (Myanmar), Cambodia, Colombia, Democratic Republic of Congo, Egypt, Eritrea, Haiti, Iran, Iraq, Jamaica, Jordan, Laos, Libya, Nigeria, Pakistan, Palestinian Authority, Saudi Arabia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, Vietnam and Yemen. Applicants from the above-listed countries will be required to go to a Visa Application Centre (VAC) or a visa office (if a VAC is not available) to give their fingerprints and have their photographs taken. Digital copies will be sent to the Royal Canadian Mountain Police and to … Read More
Ministerial Instructions – Revoking, Suspending, and Refusing to Process Work Permits and Labour Market Opinions
On December 27, 2013, Citizenship and Immigration Canada (“CIC“) and the Ministry of Economic and Social Development (“Service Canada“) released Ministerial Instructions regarding the revocation of work permits and Labour Market Opinions (“LMOs“), now called Labour Market Impact Assessments (“LMIAs“). The Ministerial Instructions will allow the Government of Canada to rapidly respond to economic developments by immediately reducing the intake of foreign workers, will increase program integrity, and create uncertainty for Canadian businesses. These are the first Ministerial Instructions to be issued by Service Canada since the Government of Canada amended s. 30 of the Immigration and Refugee Protection Act (“IRPA“) in the first 2013 Budget Implementation Act. Section 30 of IRPA now reads: Work and study in Canada 30. (1) A foreign national may not work or study in Canada unless authorized to do so under this Act. Authorization (1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations. Instructions (1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister … Read More
Change to Age of Dependency Pushed Back
Citizenship and Immigration Canada is informing immigration representatives that the proposed reduction in the age of dependency from 22 to 18 is being pushed back. (The same is rumoured to true for proposed changes to the study permit system.) The e-mail that CIC is sending out reads: Dear Sir/Madam: Thank-you for your query. Please be advised that a proposal to reduce the age of dependents from under 22 to under 19 was pre-published in the Canada Gazette Part I on May 18, 2013, along with the proposed regulatory changes to the PGP program. The proposal to change the age of dependent children will not be coming into force at the time the PGP program re-opens on January 2, 2014. Trusting this addresses your concerns. As noted previously in this blog, currently, the children of immigrants may immigrate to Canada with their parents if they are under the age of 22. As well, young adults over the age of 22 who have been continuous full-time students since turning 22 may also accompany their parents. Under the proposed change, the maximum age of dependants will be reduced to 18 years of age for all immigration programs. There will be no exception for full-time post-secondary … Read More
The CEC Has Changed, What to do Now
[Editor’s note: The following appeared in the December edition of The Canadian Immigrant Magazine] On Nov. 8, 2013, Citizenship and Immigration Canada (CIC) introduced significant changes to the Canadian experience class (CEC), which limited eligibility to the popular program. The changes took effect the next day. Hundreds (if not thousands) of foreign workers in Canada who were gaining work experience that previously qualified for the CEC suddenly learned that it did not. For some of these individuals, many of whom are post-graduate work permit holders, career changes will be necessary if they wish to immigrate to Canada. However, in the month following CIC’s announcement, many people researched their options and discovered to their surprise that they qualified for other Canadian immigration programs. Indeed, some even learned that they could have submitted permanent residence applications many months prior to Nov. 8. The CEC changes The changes that CIC introduced to the CEC are significant. First, the program now features annual application caps. From Nov. 9, 2013, to Oct. 31, 2014, CIC will accept 12,000 completed applications to the program. Within the overall 12,000 application cap, CIC will process a maximum of 200 new CEC applications each year per each National Occupational Classification (NOC) Skill … Read More
Environmental Overview (New Delhi)
The following is a summary of the Environmental Overview of the immigration functions at the Canadian High Commission in New Delhi (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Areas in blockquote are direct passages from the Environmental Overview. Environment The Canadian High Commission in New Delhi (“CIC New Delhi”) is CIC’s largest overseas mission. It provides permanent resident processing for India, Nepal, and Bhutan, with the assistance of Chandigarh for temporary resident processing. It also processes medicals nationals of the above countries, as well as for Pakistan and Afghanistan. Canadian vetting procedures for Indian military, police and intelligence officers still continue to be a significant bilateral irritant. Although there have been no refusals of temporary resident applications for these types of applicants in 2012-13 and requests for additional information for screening purposes are no longer made, the Indian government continues to raise the issue with Canadian officials at the highest levels. Countering the impact of refusals that were given media attention in 2010 still remains a challenge. A full-time resource is devoted to responding to the 75-100 e-mail communications that CIC-Dakar … Read More
LMO Q&A: Employer Doesn’t Have Business License OPS/BE-004
During a consultation last month, a foreign worker and an employer told me that the employer was interested in obtaining a Labour Market Opinion to continue employing the foreign worker. The employer, however, did not have a business license, and for various reasons refused to obtain one. The employer wanted to know whether Service Canada would still approve his Labour Market Opinion. While I did not know the answer off the top of my head, I luckily had a copy of the internal TFWP OPS/BE QUESTIONS AND ANSWERS document that I have slowly been uploading to this blog. Please note that what I have reproduced below should not be viewed as legal advice. I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”). The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI. BACKGROUND: The above named employer submitted a Labour Market Opinion application December … Read More
LMO Q&A: Discrimination to obtain a Labour Market Opinion OPS/BE-003
When reviewing internal Service Canada correspondence, I came across this interesting exchange between a Service Canada officer and a Business Expertise Consultant (“BEC”). The issue involves a Labour Market Opinion application where a daycare employer told a Service Canada officer that she did not hire a qualified Canadian candidate because he was a male. The BEC said that a Labour Market Opinion could not be issued because such gender discrimination was contrary to the BC Human Rights Code Please note that what I have reproduced below should not be viewed as legal advice. I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”). The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI. BACKGROUND: Daycare facility with 2 female employees and 10 children. When asked results of recruitement, ER stated she interviewed 6 candidates. Most wanted part time positions, one did not pass interview, one came … Read More
Introducing Biometrics for Certain Visa Applicants
[The following article of mine was published in Canadian Immigrant Magazine.] Canada has joined the United States, Japan, most of Europe and Australia in requiring biometric information from certain foreign nationals. Biometrics is the measurement of unique physical characteristics, such as fingerprints and facial features, for the purpose of verifying identity. Citizenship and Immigration Canada’s (CIC’s) goal in requiring that certain foreign nationals provide biometrics is to make it more difficult for individuals to use another person’s identity, and to prevent criminals, deportees and previous failed refugee claimants from (re-)entering Canada using false identification. By Dec. 11, citizens of the following countries will be required to give their biometrics (fingerprints and digital photograph) when they apply for a visitor visa, study permit or work permit: Afghanistan, Albania, Algeria, Bangladesh, Burma (Myanmar), Cambodia, Colombia, Democratic Republic of Congo, Egypt, Eritrea, Haiti, Iran, Iraq, Jamaica, Jordan, Laos, Libya, Nigeria, Pakistan, Palestinian Authority, Saudi Arabia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, Vietnam and Yemen. How biometrics will work Applicants from the above-listed countries will be required to go to a Visa Application Centre (VAC) or a visa office (if a VAC is not available) to give their fingerprints and have their … Read More
CIC Caps CEC, Eliminates Eligible Occupations
On November 8, 2013, Citizenship and Immigration Canada (“CIC”) announced significant changes to the Canadian Experience Class (“CEC”). The CEC is a very popular program for immigrating to Canada. Subject to narrow exceptions, individuals qualify for the CEC if: they plan to live outside of Quebec; they have at least 12 months of full-time skilled work experience in Canada during the three-year period before they apply; they gained their skilled work experience in Canada with the proper authorization; they were not self employed when they gained their skilled work experience; and they meet required language levels (which vary according to occupation). Qualifying skilled work experience is work experience in one or more National Occupational Classification (“NOC”) Skill Type 0, or Skill Level A or B, occupations. The NOC is a Ministry of Economic and Social Development initiative which categorizes all occupations in Canada. It can be found here. The November 8 changes introduce an annual cap on the number of CEC applications that CIC will accept each year, introduce a further sub-cap for NOC Skill Level B occupations, and eliminate certain NOC Skill Level B occupations from being eligible for the CEC. The above changes took affect on November 9, 2013. … Read More