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Nachman & Associates, P.C. Canadian Division Newsletter
Volume 2 November 2009

IN THIS ISSUE:

ONE YEAR LATER: A REAL UPDATE ON CANADA'S NEW FOREIGN SKILLED WORKER PROGRAM

New citizenship study guide to help newcomers and Canadians better understand Canada.

Government of Canada Tables 2010 Immigration Plan.

Minister Kenney proposes improvements to the Temporary Foreign Worker Program.

Identity and Criminality at the Border.


 

ONE YEAR LATER: A REAL UPDATE ON CANADA'S NEW FOREIGN SKILLED WORKER PROGRAM

In November 2008, the Minister of Citizenship and Immigration Canada declared important changes to Canada's immigration program under the Foreign Skilled Worker category. Critical new Regulations were announced, including some restricting the criteria for applicants who now had to qualify, for example, as having worked in one of 38 designated professions in order to be eligible to apply. The law was also made retroactive to February 27, 2008, which meant that anyone who had applied under the old system between February and November 2008 saw their applications returned, and their legal fees lost. The Minister explained that the changes were meant to reduce a backlog of over 800,000 applications in visa posts and promised that under the new Regulations, the processing times would be significantly reduced and likely to be a 6 to 12 months wait per application.

Well, one year later, we are looking at processing times in the Foreign Skilled Category of about 14 to 25 months in the U.S. alone, and processing times that have hardly diminished in other foreign posts. Processing in New Delhi, for instance, can still take up to 75 months or more. Lawyers who represent foreign nationals worldwide in their attempts to come to Canada have been wrestling to come up with new ways to help their clients immigrate. Since use of the former Foreign Skilled Worker program is now limited, lawyers have to "think outside the box" and find alternate programs to help clients.

At Nachman & Associates, our creative Canadian Division has found ways to help foreign nationals qualify under other innovative and rarely-used immigration initiatives in Canada. Thanks to an extensive network of contacts on both sides of the border, we also successfully guide our clients in the direction of finding jobs in Canada. Finding an employer in Canada remains the most effective and quickest way to immigrate. In addition, it offers a foreign national the peace of mind and practical means of starting a new life successfully in Canada. We offer, with the client's permission, a service whereby we contact potential employers and recruiters in Canada to explain to them the immigration in a simple, attractive way, thereby reducing their concerns about hiring a foreign national. We refer clients to useful resources where they can obtain up to date and official listings of jobs in their field and in the areas in which they wish to reside. Last, but certainly not least, we even go so far as to connecting immigrants with people in their communities and from their country to help them integrate once they arrive in Canada.

Immigrants should also keep in mind that even if a person enters Canada as a temporary worker, they become eligible in only one year's time to apply for permanent residence. So do not be discouraged at the wait times and limits set on applications for permanent residence from abroad. Book your consultation with Nachman & Associates's Canadian Division today and let us find new ways for you to come to Canada.

For more info, please contact one of our attorneys, at veronique_malka@visaserve.com or felicia_zeidman@visaserve.com.




Dear Readers:

Below is a must read for all those considering Canada as a place to live, whether temporarily or on a permanent basis.


  • New citizenship study guide to help newcomers and Canadians better understand Canada.
  • On November 12, 2009, a new, more comprehensive study guide for Canadian citizenship was launched today by Citizenship, Immigration and Multiculturalism Minister Jason Kenney.

    Discover Canada: The Rights and Responsibilities of Citizenship includes information on common values such as freedom, democracy, human rights, the rule of law and the equality of men and women. It promotes to immigrants and Canadian citizens alike a greater understanding of Canada's history, values, symbols and important Canadian institutions, such as Parliament and the Crown. It also highlights the contribution of ethnic and cultural communities in shaping our Canadian identity and the sacrifices made by Canada's veterans for our country.

    "People come from all over the world to seek Canadian citizenship. It is highly valued," said Minister Kenney. "We expect people who want to become Canadians to have a good understanding of their rights and responsibilities, and the values and institutions that are rooted in Canada's history. By strengthening the guide, we are increasing the value of Canadian citizenship."

    Click Here to Check Out the Guide . . .
  • Government of Canada Tables 2010 Immigration Plan.
  • Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, tabled Citizenship and Immigration Canada's 2009 Annual Report today in Parliament. Minister Kenney reports that "while other countries have cut back immigration levels as a short-term response to the global economic downturn, our government is actually maintaining its immigration levels to meet the country's medium- to long-term economic needs."

    In particular, the admission ranges for immigrants nominated by the provinces and territories have been increased. Provinces and territories are in the best position to understand how Canada's immigration intake can be aligned to their labour market needs. Second, by increasing the admission ranges in the Provincial Nominee Program, the Government of Canada is helping to ensure that the benefits of immigration are distributed across this country. Canada and the provinces will work together to manage growth in the provincial nominee program. Increasing the total number of immigrants processed under the economic category will also allow CIC to continue reducing the backlog of federal skilled worker applicants as part of the Action Plan for Faster Immigration.

    Improving the federal skilled worker program is part of the Government of Canada's overall commitment to modernizing the immigration system to maximize its contribution to our overall economic growth.

    "The Government of Canada will continue to work with provinces, territories and stakeholders to make sure immigration meets the needs of communities, employers and families now and in the future," concluded the Minister.

    Click Here to Read More . . .
  • Minister Kenney proposes improvements to the Temporary Foreign Worker Program.
  • Last month the Government of Canada announced that it is taking further action to strengthen the protection of temporary foreign workers, Citizenship, Immigration and Multiculturalism.

    "Temporary foreign workers play an important role in the Canadian economy," the Minister said. "We have a duty to them, employers and all Canadians, to ensure that the program is fair and equitable."

    The proposed regulatory amendments to the Temporary Foreign Worker Program include:
    * a more rigorous assessment of the genuineness of the job offer;
    * limits to the length of a worker's stay in Canada before returning home; and
    * a two-year prohibition from hiring a temporary foreign worker for employers found to have provided significantly different wages, working conditions or occupations than promised.

    Click Here to Read More . . .
  • Identity and Criminality at the Border.
  • Canadian Border Officials are trained to review your documents when you arrive at the Port of Entry. For any entry, they admit those with the proper authorization such as a Visa to enter Canada or, if you are from a Visa-exempt country like the US, with documentation showing your citizenship. Some nationalities require evidence of the date and manner they are returning home; for proof of identity, most require a passport, although other types of documents can be provided if you are from the US and a few selected nations. There is a distinction made in the documents required if you are travelling by land as opposed to air, although a passport is always adequate.

    There is, however, another stage of checking that the Immigration Officer will pursue, namely, "inadmissibility" to enter Canada. The policy behind inadmissibility is to ensure no one enters who would break the law of Canada. This includes a check on criminal history.

    At the border, where the Immigration Officer speaks to you about your visit, he or she may ask about your criminal history. These same questions and concerns arise on visa applications. A criminal history may indeed bar you from entering Canada for at least some time, but everyone's situation is different and there are ways to seek admission despite this history.

    Factors that influence inadmissibility are the type of offense you have been convicted of; note that driving while impaired (DWI) is one of the offenses that is taken into consideration. Amongst other things, the Canadian government also considers the location of the conviction; the date of the conviction and sentence you received; and any pardons or expungements granted. Sometimes, before entry, a successful application for admission can be made for a person with a criminal history, or a temporary entry (for example, for a work meeting or family event) can be arranged despite otherwise inadmissible characteristics.

    In almost all situations where there is a criminal history, it is best to consult a lawyer to assist you with your plans. The Canadian Division at Nachman and Associates have many years of experience in dealing with criminal and immigration issues to Canada and can tailor your approach for entry to Canada. A trip, meeting, or event should not be planned without as much information and personalized assistance about crossing the border as possible. We hope to assist you in your plans.

    Contact Our Office For More Info . . .
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