On June 1, 2012, Citizenship and Immigration Canada (“CIC”) introduced two new Labour Market Opinion (“LMO”) exemptions. The first is for some Certificat de sélection du Québec (“CSQ”) holders. The second is for certain francophones intending to work outside of Quebec. As well, on June 11, 2012, CIC updated its re-configuring of the U.S.processing network. LMO Exemption for Some CSQ Holders Effective June 1, 2012, temporary foreign workers residing in Quebec who hold a skilled CSQ and who are waiting for a decision in regards to their applications for permanent residency will be able to renew their work permits without having to obtain LMOs. Such applicants must either be: seeking to extend their work permit for their current employer; or seeking to renew their current work authorization with a new employer in theprovinceofQuebec; or be a foreign student who has obtained a post-graduation work permit and has a job offer in theprovinceofQuebec; or be a work permit holder through the International ExperienceCanadaprogram. The work permits will be valid for the duration of the job offer and cannot exceed two years. Only employer-specific work permits may be issued.
Which Tests are Acceptable for Immigration?
My June article in Canadian Immigration Magazine titled “Learn the Language” has generated considerable feedback, not least of which has been the question “am I sure that xxxx language test isn’t accepted for immigration?” Right now, the four main programs which require language tests are the Federal Skilled Worker Program, the Canadian Experience Class, (soon) the Provincial Nominee Programs, and (soon) citizenship. For the Federal Skilled Worker Program, the designated language testing agencies are the IELTS, the CELPIP, and the TEF. For the Canadian Experience Class, the only test results that are accepted are the IELTS and the TEF. You can find this in third last question of the program’s FAQ here. For the PNP, the acceptable language tests will be the IELTS, CELPIP-General, and the TEF. The tests for citizenship have not yet been formally announced, however, the announcement that language testing will be required states that they will be the same as for the above programs. The follow-up question has generally been “who chooses which testing agencies are acceptable?” To be honest, I’m not sure. However, there are generally public consultations prior to language testing being introduced into a program, so if you want to have a certain … Read More
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 … Read More
CIC Office Closures Run Deep
The deficit reduction strategy has officially hit Citizenship and Immigration Canada’s Canadian offices. Here are a list of closures effective today: Office Closing PR Cards and Investigation Referrals will be transferred to Vegerville Referral Files will be transferred to Citizenship Files will be transferred to BC Kelowna Expo Office in Vancouver Vancouver Vancouver Nanaimo Expo office in Vancouver Vancouver Vancouver Prince George Expo Office in Vancouver Vancouver Vancouver Victoria Expo Office in Vancouver Vancouver Vancouver AB Lethbridge Calgary Calgary Calgary SK Regina Saskatoon Saskatoon Saskatoon ON Barrie St. Clair Etobicoke Scarborough Kingston Ottawa Ottawa Ottawa Oshawa St. Clair Scarborough Scarborough Sault Ste. Marie St. Clair Etobicoke Mississauga Sudbury St. Clair Etobicoke Mississauga Thunder Bay St. Clair Etobicoke Mississauga QC Gatineau Ottawa Montréal Ottawa Quebec City Montréal Montréal Montréal Sherbrooke Montréal Montréal Montréal Trois Rivières Montréal Montréal Montréal NB Moncton Moncton Moncton Moncton Saint John Fredericton Fredericton Moncton PEI Charlottetown Halifax Halifax Moncton
Restructuring the North American Processing Network
Restructuring of North American Processing Network On May 29, 2012, Citizenship and Immigration Canada (“CIC”) restructured its North American Processing Network. The restructuring included the closure of immigration section of the Canadian consualte in Buffalo, as well as the realigninment of the immigration functions of the Canadian consulates in New York, Los Angeles, Washington D.C., Detroit, and Seattle (the “US Consulates”). Concurrently, CIC has introduced changes that will allow applicants who currently have a Work Permit or a Study Permit to apply for a Temporary Resident Visa (commonly referred to a a “visitor visa”) within Canada. Closure of the Buffalo Consulate CIC has announced that it will be closing the visa section of the Buffalo Consulate. Applications that are currently being processed in Buffalo (including Federal Skilled Worker, Quebec Skilled Worker, Provincial Nominee Program , and Federal Investor applications) are being transferred to the Case Processing Pilot Office – Ottawa (“CPP-O”). Re-Configuring the U.S. Network Effectively immediately, the Seattle, Detroit, and Washington D.C. consulates will no longer be processing new Work Permit or Study Permit applications. Only the Los Angeles and New York consulates will process new Work Permit and Study Permit applications. Furthermore, applicants residing in the United States … Read More
Class Action Lawsuit Launched Over the Termination of 300,000 Skilled Worker Applications
Waldman & Associates and Larlee Rosenberg have launched a class action lawsuit against the Government of Canada’s proposed legislation terminated all Federal Skilled Worker Program applications made prior to February 27, 2008 that are still being processed by Citizenship and Immigration Canada. Numerous media outlets have reported on both the devastating impact the change has had on individuals, as well as the class action lawsuit, including: Lawyers Challenge Ottawa’s Move to Erase Immigration Backlog Would be Immigrants Take Ottawa to Court Over Cancelled Applications Immigration Changes Leave Chinese Woman’s Dreams Dashed Our press release states: If you applied to immigrate to Canada through the Federal Skilled Worker Program and have had your application terminated please contact us.
Canada Closes Tokyo Immigration Services
The Canadian embassy in Tokyo will no longer be processing immigration applications. All applications which would have previously been sent to Tokyo must now be sent to Manila. Considering the difference in processing times as shown below, I am sure many potential Japanese visa applicants are probably saying しまった. Type of Application Tokyo Processing Time Manila Processing Time Study Permits 3 13 Work Permits 1 15 Skilled Workers (2008-10) 17 18 Provincial Nominees 5 11 Investors 27 55 Spousal-Sponsorship 6 9
Ministerial Instructions will be Jason Kenney’s Greatest Legacy
There are numerous significant changes to Canada’s Immigration and Refugee Protection Act (“IRPA”) buried inside the 2012 Budget Implementation Act (the “BIA”). The first change, the termination of approximately 300,000 Federal Skilled Worker Applications, was expected. The other, the expansion of the role of Ministerial Instructions, was not. Jason Kenney, the Minister of Citizenship and Immigration Canada (the “Minister”), has made several significant changes toCanada’s immigration system. Many of these are substantive (who is eligible to immigrate), and will likely be changed by future ministers and governments. His involvement in the creation and expansion of the use of Ministerial Instructions, a procedural change, however, may be his most enduring legacy. In 2008, amendments to IRPA provided that the Minister could issue instructions to immigration officers (“Ministerial Instructions”) regarding which applications were eligible for processing. This overturned the government’s long standing obligation to process all eligible applications in the order in which they were received. The Minister was further empowered to issue Ministerial Instructions to limit the number of applications processed, accelerate some applications or groups of applications, and return applications without processing them to a final decision. It was through Ministerial Instructions that Citizenship and Immigration Canada (“CIC”) reduced and … Read More
Quebec Caps Economic Immigration
Quebec Caps Economic Immigration On March 21, 2012, the Government of Quebec announced that it is capping the maximum number of applications that it will receive in its economic programs. The programs that will be subject to a cap are the Quebec Investor Program, the Quebec Entrepreneur Program, the Quebec Self-Employed Worker Program, and the Quebec Skilled Worker Program . The introduction of the caps follows a dramatic increase in applications to these programs following the implementation of caps to corresponding federal programs. The caps will last from March 21, 2012 to March 31, 2013. During this time, the maximum number of applicants that can apply to immigrate to Quebec in the business stream are: Investors – 2700 Entrepreneurs and Self-Employed Workers – 215 Meanwhile, for the purpose of determining the cap, the Quebec Skilled Worker Program has been divided into three groups. There will be no limit on the number of people who can apply to the Quebec Skilled Worker Program – Group 1. To be eligible for Group 1, an applicant must be (please note that most of the following requirements contain specific additional provisions that are beyond the scope of this bulletin): A temporary foreign worker in … Read More
Legislating Away the Immigration Backlog
On March 7, 2012, Jason Kenney delivered a speech to the Economic Club of Canada which has generated considerable attention. He implied that the Government of Canada was considering legislating an end to Canada’s immigration backlog. His statements were: New Zealandlegislated an end to its backlog in 2003 and put in place a system where prospective applicants can be selected from a pool made up of all persons who have applied. Rather than wasting time and energy processing old applications, their resources can now be put towards actively matching the best qualified applicants to current jobs and economic needs. Now, in recent months, Prime Minister Harper has spoken about doing more in the economy of the future than just passively accepting applications. He has talked about the need to actively recruit people to come to Canadato fill specific skill shortages. There are exciting possibilities before us when it comes to the future of immigration toCanada. But of course, the first step is to eliminate this huge unfair backlog as soon as we can. Again, we’re open to creative suggestions and we will continue to consult with Canadians about the best way forward in immigration reform. Canada’s immigration backlog is not … Read More