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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.
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Dear Readers:
Below is a must read for all those
considering Canada as a place to live,
whether temporarily or on a permanent basis.
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| New citizenship study guide to help newcomers and Canadians better understand Canada. |
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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."
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Click Here to Check Out the Guide . . . |
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| Government of Canada Tables 2010 Immigration Plan. |
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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.
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Click Here to Read More . . . |
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| Minister Kenney proposes improvements to the Temporary Foreign Worker Program. |
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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.
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Click Here to Read More . . . |
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| Identity and Criminality at the Border. |
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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.
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Contact Our Office For More Info . . . |
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