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
PNP Nominees Denied Entry at the Border
During the past couple months, our office has received several frantic phone calls from people (often real estate agents or bankers) telling us that a family who was immigrating to Canada under a Provincial Nominee Program was detained by the Canada Border Services Agency
Overview of Detention
On October 29, 2010, the Immigration and Refugee Board released Guideline 2 on Detention. The Guidelines are to assist Immigration Division members in determining whether or not to hold an individual in detention.
Changes to the Start-Up Visa Program
On October 25, 2013, Citizenship and Immigration Canada (“CIC”) amended the Start-Up Business Class, and announced that the changes will take affect on October 26, 2013. The previous Ministerial Instructions respecting the program have been repealed. The Start-Up Business Class is a federal economic immigration program, and compliments the Federal Skilled Worker Class, the Canadian Experience Class, the Provincial Nominee Class, and the Federal Skilled Trades Class. The Start-Up Business Class will be open until March 31, 2018. Program Requirements A foreign national will be eligible to apply to the Start-Up Business Class if they meet all of the following requirements: The foreign national has obtained a commitment from either: a designated business incubator confirming that it is accepting the foreign national’s qualifying business into its business incubator program; a Designated Angel Investor Group of at least $75,000 in a “qualifying business” or two or more Designated Angel Investor Groups that together will be investing a total of at least $75,000 in a business; or a Designated Venture Capital Fund of at least $200,000 or two or more designated venture capital funds that together will be investing a total of at least $200,000 in the qualifying business. The foreign … Read More
The Expression of Interest Immigration System
On October 22, 2013, the Conservative Government of Canada tabled its latest omnibus budget bill, titled “A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures” (the “2nd 2013 Budget Implementation Act“) Totalling 327 pages, the 2nd 2013 Budget Implementation Act introduces the “expression of interest” immigration system into the Immigration and Refugee Protection Act, sc 2001, c 27 (“IRPA”). Division 16 of the 2nd 2013 Budget Implementation Act states: Division 16, Immigration and Refugee Protection Act Amendments to the Act 290. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following after the heading “IMMIGRATION TO CANADA”: Division 0.1 Invitation to Make an Application Application for permanent residence — invitation to apply 10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired. Limitation (2) An instruction may be given under paragraph … Read More
Saskatchewan’s Foreign Worker Recruitment and Immigration Services Act
As previously indicated in this blog post, the Government of Saskatchewan has taken an increasingly aggressive stance in combating immigration related abuses by consultants, recruiters, and employers. The Government of Saskatchewan has faced difficulties in doing so (including pushback from the courts), however, because of the lack of a statutory framework. It is therefore not surprising that on October 11, 2013, the Government of Saskatchewan proclaimed The Foreign Worker Recruitment and Immigration Services Act (the “Act“) and The Foreign Worker Recruitment and Immigration Services Regulations (the “Regulations“). According to this news release by the Province of Saskatchewan, the Act and the Regulations will impact immigration consultants and employers of foreign workers as follows: Require that immigration consultants be licensed and sign open and transparent contracts with employers and foreign nationals; Require that employers of foreign nationals be registered; Prohibit employers from charging or recovering recruitment fees from foreign nationals; Prohibit unethical conduct against foreign nationals, such as withholding documents or other property, threatening deportation or providing misleading information; Allow foreign workers and immigrants to seek compensation if they incur costs that are considered illegal under the Act; and Allow fines to be levied of up to $50,000 for an individual and $100,000 for a corporation, and … Read More