Intention to Reside and Provincial Nominees

26th Aug 2021 Comments Off on Intention to Reside and Provincial Nominees

Sections 87(1) and (2) of the Immigration and Refugee Protection Regulations provide that:

87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

Member of the class

(2) A foreign national is a member of the provincial nominee class if

(a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and

(b) they intend to reside in the province that has nominated them.

In Dhaliwal v. Canada (Citizenship and Immigration), 2016 FC 131, Justice Diner wrote:

The assessment of intention, since it is a highly subjective notion, may take into account all indicia, including past conduct, present circumstances, and future plans, as best as can be ascertained from the available evidence and context. In this case, the Applicant clearly expressed her intention to permanently reside in Brampton, Ontario, as well as her intention to finish her PhD in Quebec, which required continued temporary residence in Quebec. These intentions are not contradictory; rather, they are complementary to one another. As summarized above, she also provided statutory declarations from herself, her parents, and her sister setting out the reasons why she intended to move to Ontario, all in cogent terms, which further buttressed her stated intention to live outside of Quebec.

In Tran v. Canada (Citizenship and Immigration), 2021 FC 721 Justice Ahmed determined that Federal Court of Canada jurisprudence indicates that if a foreign national is nominated by a province under a provincial nomination program that foreign national is presumed to be able to become economically established in Canada.

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Bridging Open Work Permits

Bridging Open Work Permits

17th Dec 2012 Comments Off on Bridging Open Work Permits

Last updated on October 26th, 2019

Immigration, Refugees and Citizenship Canada’s (“IRCC”) International Mobility Program has a bridging open work permit program for temporary foreign workers currently working in Canada who have submitted permanent residence applications under the Federal Skilled Worker Program (“FSWP“), the Canadian Experience Class (“CEC“), the Provincial Nominee Program (“PNP“), or the Federal Skilled Trades Program (“FSTP“).

Bridging open work permits are a huge and positive development for Canadian employers with employees who have filed permanent residence applications under one of Canada’s economic programs.  CIC’s introduction of bridging work permits removes a significant issue which many temporary foreign workers previously encountered, namely that they were unable to extend their work permits during CIC’s processing of their permanent resident applications without their employers first having to obtain positive Labour Market Impact Assessments, an uncertain process which often takes months.

Eligibility

Temporary foreign workers currently working in Canada are eligible to apply for a bridging work permit if they:

  • are a foreign national in Canada;
  • have valid status on a work permit that is due to expire within 4 months;
  • be the principal applicant on an appliation for permanent residence under the FSWP, CEC, PNP or FSTC;
  • received a positive eligibility decision on their permanent residence application under either the FSWP, the CEC, the PNP, or the FSTP; and
  • they have applied for an open work permit.

The following individuals are not eligible for open bridging work permits:

  • foreign nationals in Canada working in Canada who are work permit exempt;
  • foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status;

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Learn the Language

8th Jun 2012 Comments Off on 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,

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Permanent Residency for Low-Skilled Workers

23rd Sep 2010 Comments Off on Permanent Residency for Low-Skilled Workers

In addition to the family class stream and the availability of an exemption to a visa requirement based on humanitarian & compassionate grounds, it is possible for low-skilled workers to immigrate under provincial programs designed to facilitate permanent residency for people in certain “low-skilled or semi-skilled” occupations. In British Columbia, this program is known as the “Entry-Level and Semi-Skilled Pilot Project”.

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Alberta Suspends US Visa Holder and Family Stream Categories

24th Aug 2010 Comments Off on Alberta Suspends US Visa Holder and Family Stream Categories

Effective August 23, 2010, the Alberta Immigrant Nominee Program is no longer accepting applications under either the AINP U.S. Visa Holder Category or the Family Stream. Any applications that were postmarked before August 23rd will continue to be accepted.

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