BREAKING NEWS! Government of Canada will return your Federal Skilled Worker immigration application if you applied before February 27, 2008
On March 22 we posted an article in which we discussed what Citizenship & Immigration Minister Jason Kenney considered would be an option to reduce the current processing times and never-ending backlog. Today, we are continuing our discussion on this topic.
In releasing Canada’s Budget on Thursday March 29, the Department of Finance revealed that Immigration Canada intends to bar the door to applicants who submitted their Skilled Worker applications before 2008. We were under the impression that Minister Kenney’s ‘consideration’ was only such; however we are now beginning to understand more about the “Economic Action Plan of 2012”.
In a media release the Government of Canada is “proposing to return applications and refund up to $130 million in application fees paid by certain federal skilled worker applicants who applied under previous criteria established prior to February 27, 2008”. Canada’s commitment to transforming Canada’s immigration system to a faster and more flexible one will kill the hopes and dreams of thousands of foreign nationals who have been waiting for their applications to be processed for years, some waiting for more than 10 years.
In order to reduce long processing times and a large backlog, Citizenship & Immigration Canada introduced a new set of criteria under Bill C-50. The changes included a yearly quota of 20,000 applications in certain preferred occupations. A year later CIC reduced the quota to 10,000 applications per year. As a result less applications were filed, however the large backlog still remains and those in the pipeline are and will continue to wait for an indefinite period of time. Now we know that these applicants will never have their applications processed. They will be returned and money they paid will be refunded.
A class-action law suit was filed against the Federal Government by several applicants which has now grown to more than 600. We are expecting this number to continue to climb as applicants become aware of this news.
Economic Action Plan 2012 proposes:
- Taking further actions to strengthen the immigration system to make it truly proactive, targeted, fast and efficient in a way that will sustain Canada’s economic growth and deliver prosperity for the future.
- Announcing the Government’s intention to better align the Temporary Foreign Worker Program with labour market demands and to ensure that businesses look to the domestic labour force before accessing the Temporary Foreign Worker Program.
- Signalling the Government’s intention to support further improvements to foreign credential recognition and to work with provinces and territories to identify the next set of target occupations for inclusion, beyond 2012, under the Pan-Canadian Framework for the Assessment and Recognition of Foreign Qualifications.
- Proposing to return applications and refund up to $130 million in fees paid by certain federal skilled worker applicants who applied under previous criteria established prior to February 27, 2008.
Tell us what you think! We want to hear from you – comment and share this article below!
Did you submit your application prior to February 27, 2008? How long have you been waiting? How do you feel that your application will never be processed?
Canada raises duty-free limit for cross-border travellers
Starting June 1, 2012, Canadians returning from a 24-hour trip can now spend $200 at the duty-free shops. This is 4 times the current limit of $50.00 per person. The Canadian Federal Government has tabled a budget which harmonizes Canada’s limits with our neighbour to the south.
This is the most significant change in duty-free exemptions in many years. This increase will help speed up cross-border travel and will help free customs agents to focus on more crucial border issues. Of course, any change must have some negative side to it – in this case Minister Flaherty says that it will reduce Federal revenues by $13-million in 2012-2013 and by $17-million in 2013-2014.
I think you can expect more Canadians doing more shopping now!
Redesigning the Parent and Grandparent immigration program
The government of Canada has decided to redesign the parent and grandparent sponsorship immigration program. With long processing times and an ever increasing backlog, Citizenship & Immigration Canada (CIC) is now consulting with stakeholders, including the public on how best to solve these issues.
On March 23, 2012, CIC Minister Jason Kenney announced that he will hold online consultations as well as multicity in-person meetings for public comment. “Our government is fully committed to helping families reunite,” said Minister Kenney. “The feedback provided by Canadians will guide our government in creating a new program in which future applications will be processed quickly and backlogs will not develop. It will also help ensure the program can operate on an efficient and sustainable basis.”
In November of 2011 CIC announced the Action Plan for Faster Family Reunification. As Phase 1 of this plan, CIC placed a temporary freeze on the parent and grandparent sponsorship program; however, they did increase the number of sponsored parents and grandparent they will approve by sixty (60) per cent to 25,000 for the 2012 immigration year. Also part of Phase 1 was the implementation of the Parent and Grandparent Super Visa, a visa that will allow permanent residents and Canadian citizens to sponsor their parents and/or grandparents to visit Canada for two (2) years at a time, valid for up to ten (10) years.
Family reunification is extremely important for Canada and therefore a revamp of the program is necessary. The current pause until 2014 may help to reduce the processing and wait time as well as help clear the backlog, but unless the demand for parent and grandparent sponsorship to Canada is managed, both the processing wait times and the backlog have the potential to quickly grow again to unmanageable numbers.
Different options are being considered to address a number of questions:
- Should we try to ease the economic impact of parents and grandparents by, for example, requiring sponsors to be financially responsible for their parents and grandparents over the Parent and Grandparent immigration programs lifetime, applying a fee, or requiring sponsors to have a higher income?
- Should we redefine the eligibility of family members who accompany parents and grandparents by, perhaps, focusing on parents rather than on the siblings of sponsors, or by applying a “balance of family test” in which parents and grandparents would be required to have from half to the majority of their children living permanently in Canada?
- Should we emphasize a commitment to Canada on the part of sponsors by, for example, making it mandatory to be a Canadian citizen (and not just a permanent resident) in order to apply?
- Should we focus on special needs or exceptional cases by, for example, requiring that the parent and grandparent be widowed or have other exceptional needs?
What is your opinion on the above questions? Do you have any recommendations for the Canadian government on how to better improve the parent and grandparent sponsorship program?
Minister Kenney considers refusing all applications submitted prior to February 27, 2008
If you submitted your application prior to February 27, 2008 your application may never be processed. Minister Jason Kenney expressed that he is considering wiping out the current immigration backlog by introducing new legislation. This is similar to what New Zealand had done in 2003 to wipe its backlog.
In 2008, Minister Kenney gave priority to those applicants with specific work experience, and those who have job offers in Canada. This did help to reduce the number of overall applications, however it did not help those who applied prior to 2008. Those applications have been put on “hold”, if you will. The Minister said that at 80 per cent of skilled workers are being pulled from the backlog, 20 per cent are newer applications chosen under the new criteria.
As of September 2011, the current backlog includes 472,549 skilled worker applicants, 96,085 business class applicants and their dependants. The current worldwide wait for processing skilled worker applicants is approximately 8 years. Some applications are taking nearly 15 years to process.
Minister Kenney is considering creating legislation that would wipe the current backlog and allow for more timely processing of newer applications from people who can improve Canada’s economy. He proposed a “just-in-time” immigration system, one that would give me businesses a more important role in selecting immigrants. New Zealand created a “pool” from which it selected those applicants who benefited the current economy. Minister Kenney is planning to create a similar “pool” from which individual provinces could sift through applications for their own provincial nominee programs.
Hundreds of thousands of people have been waiting patiently for years for their applications to be processed. In October of 2011, 128 upset skilled workers launched a law suits in the Federal Court pleading the court to order CIC to process the dusty files. Now over 650 applicants from the following visa posts are involved: London, Vienna, Accra, Pretoria, Nairobi, Colombo, Singapore, Damascus, Bogota, Warsaw, New Delhi, Seoul, Port of Spain, Manila, Hong Kong and Beijing.
We’re interested to hear what you have to say about this. Comment below and share!
Canadian Government Cracks Down on Marriage Fraud – Get a Good Immigration Attorney to Ensure Success with your Marriage Sponsorship Application!
Canadian marriage fraud is on the rise. The Canada Border Services Agency currently has more than 30 criminal probes with relation to fraudulent marriages that took place during the past few years. Canada’s border agency brought up the possibility that organized crime syndicates may have a hand in facilitating these fraudulent marriages in order to achieve legal status in Canada.
Upon analysis by Citizen and Immigration officials, they noticed that there were too many dubious similarities among marriage sponsorships, which led to the conclusion that most of these marriages might be fraudulent in nature.
There are two types of fraudulent marriage:
- A Canadian sponsor with good intentions falls prey to a foreign national, who takes advantage of their union to gain permanent resident status in Canada, and the same can result to the offender being kicked out of Canada.
- Both individuals are aware and participate, of their own free will, in a phony marriage. This is what is considered by the government to be “organized crime”.
In order to gather enough evidence to support and successfully prosecute the offending parties, the Public Safety Ministry has conceded that they require investigations, which take up a lot of resources.
More than three-dozen investigations have been initiated in the last four years, out of which seven cases have been brought before the courts, resulting in convictions for three of these cases. As of the end of 2010, more than a dozen of these cases were still pending.
The result of all of this is that Canadian marriage immigration may become more difficult and restrictive, like it is in the USA. A move has been proposed where “conditional permanent residence” would be granted to foreigners who have been married to their Canadian sponsor for less than 2 years, just like in the US process. Upon arrival in Canada, they have to remain in that relationship for 2 more years, otherwise they risk losing their permanent residency status. For this reason you should contact our firm for help filing your Canadian marriage sponsorship application, to increase your chances of success!
Backlog of Elderly Parent and Grandparent Applications Will Be Reduced – And We Can Help You File for New Parent and Grandparent Super Visa!
If you have elderly parents or grandparents and have tried to bring them to Canada to be with you, we have good news. All of those applications that have been pending for so long will now be processed.
Recently, Minister Jason Kenney made an attempt to “reduce the number of elderly relatives of immigrants” based on the “social services they will consume.” He obviously did not realize how important extended family is. Bringing your parents or grandparents to Canada will give you the opportunity to work more hours and earn more money while still knowing your children are growing up in a loving family environment. Minister Kenney’s viewpoint, fortunately, has not been accepted in Parliament.
On Friday afternoon, the news was released that the Canadian government will be reducing the visa backlog for elderly relatives of immigrants. Imagine how Minister Kenney felt when he had to make that announcement! The program is called the Action Plan for Faster Family Reunification and has four parts:
- 60% more sponsored parents and grandparents will be admitted to Canada next year.
- A new visa, called the “Parent and Grandparent Super Visa” is being released. This is a 10-year visa that allows parents and grandparents to spend up to 24 months at a time in Canada. Instead of waiting 8 years to get a visa, your parents and grandparents will only need to wait 8 weeks! This new visa is being released on December 1, 2011, so contact us now!
- The Canadian government will be considering public opinions when formulating its new policies.
- The Canadian government will not be accepting any more parent or grandparent sponsorship applications during a temporary pause of up to 24 months while they reduce the backlog. This may sound bad, but considering the 8-year waits of the past, a 2-year wait is progress!
Until the sponsorship pause is complete, we will not be able to file parent or grandparent sponsorship applications for you, but we can file for the Parent and Grandparent Super Visa! Please contact us today to find out the fastest way to bring your elderly relatives to Canada to live with you!
Canada- True North Strong…and Attracting Americans…Come Work Here!
In a recent article posted on the MarketWatch section of the online edition of the Wall Street Journal, Bill Mann discusses how the current economic state of Canada is attractive to Americans and American workers.
According to the Globe and Mail, Canadian immigration lawyers are reporting a dramatic increase of calls from Americans looking to move to Canada.
Statistically, a record number of Americans had applied for temporary work visas last year, as demonstrated by the latest Immigration Canada statistics, largely driven by the contrasting health of the two countries’ labor markets.
Take into consideration that the jobless rate in the U.S. is 9.1% while in Canada it is 6.3%.
Other factors that are attracting American immigration aside from work opportunities include affordable healthcare, a stronger banking system and a stable housing market.
At the immigration consulting firm of Can-Am Immigration, our experienced team has helped many individuals with their immigration needs. We specialize in immigration to Canada. We are experienced with helping people complete the necessary documentation and gain the knowledge needed in order to immigrate. We help families and individuals. We help those looking to work in Canada, study in Canada and those looking to sponsor family members.
Contact us today for a consultation. We also provide Facebook consultations.
Alabama’s New Immigration Laws Send a Frightening Message Throughout the US
Laws in Alabama are known to be strict. Alabama immigration law in particular. Arizona’s anti-immigration law/immigration reform law has been taken to court by the Department of Justice.
The State of Alabama is in disarray over the changes to the law, known as H.B. 56. The intent of the law is to force illegal workers out of jobs. What is happening currently in the state is many construction workers, roofers, field hands and workers who perform hard labour jobs, who are illegal workers are being driven away. These vacancies create a void that will affect Alabama’s economy; something it cannot afford with cities that need to be rebuilt after Tornado damage.
Key provisions of this law had to be blocked by an appeals court while the U.S. Supreme Court considers various constitutional challenges.
The Mexican government had also appealed this law, arguing it would promote racial profiling, in particular, targeting Hispanics. Many legal Hispanic workers are even fleeing the state of Alabama because their family and friends don’t have proper documentation and they fear they will be jailed. There is a negative atmosphere and they don’t feel welcome.
The opinion of the Federal Appeals Court was sought. On Friday, October 14, 2011 the ruling of the 11th Circuit Court of Appeals issued an Order. Alabama may continue to enforce most of its anti-illegal immigration law, known as H.B. 56.
The Department of Justice (DOJ) had asked the 11th Circuit to enjoin much of H.B. 56 while it appeals the September 28 district court decision that allowed the law to take effect September 29 as planned. Essentially, by asking the Court to enjoin parts of H.B. 56, the Court is being asked to “block” certain provisions. The DOJ argued that immigration law enforcement rests with the federal government and states could not set p their own systems. The U.S. District Judge at the 11th Circuit Court, Judge Sharon Lovelace Blackburn disagreed and said Alabama’s efforts mirrored the federal government’s efforts or were complementary.
The following provisions of the law stand after the 11th Circuit’s review and injunction order. This means that these sections were upheld/allowed to be put in use:
- Section 12, which requires local law enforcement to make a reasonable attempt to check immigration status during a lawful stop, “when practicable”, when there is reasonable suspicion the individual is an illegal alien.
- Section 18, which requires local law enforcement to make a reasonable effort to verify the immigration status of a person who is arrested for driving without a license.
- Section 27, which bars the enforcement of contracts entered into when one party knows the other is an illegal alien.
- Section 30, which provides that it is a felony for illegal aliens to enter into a “business transaction” with the state or political subdivisions.
However, the 11th Circuit Court of Appeals also blocked the following two provisions:
- Section 10, which provides that an illegal alien who fails to comply with the federal alien registration requirements found in 8 U.S.C. § 1304(e) and/or 8 U.S.C. § 1306(a) is guilty of a misdemeanor under state law.
- Section 28, which requires public schools to gather immigration status information from students upon enrollment, based on birth certificates, and compile and submit non-identifiable data related thereto to the state.
The Order received from the 11th Circuit does not contain a discussion explaining why it agrees with or blocked any of the provisions.
The next step in litigation over the anti-immigration laws contained in H.B. 56 will likely be a ruling from the District Court on the merits of the Department’s challenge to the law. Both sides will be submitting briefs in that case by the end of November. The decision could come sometime in December.
The grim reality is that families will be torn apart. Members of the Hispanic community are lining up at lawyers’ offices, asking for Power of Attorney in order to protect their children. Children born in America are considered to be Americans. That will not stop their parents from becoming targets of investigations. Police, through the provisions of the new laws can effectively separate families from each other.
In the many Hispanic neighbourhoods of Alabama, the residents are avoiding being seen in public and are hiding. If anyone is caught without proper citizenship documentation, that is the end of his or her stay in Alabama. The worst consequence of all is separation from your children and relatives. Many residents are leaving Alabama.
It is estimated that 185,000 people in the state have already fled as of October 5, 2011, which was approximately a week after the law came into effect. Another estimate is that 1/4 of the commercial building workforce has left the state.
Lawmakors and one author of the bill that become the new immigration law said that the law is meant to help legal residents suffering from nearly 10 percent unemployment in Alabama.
“We have the best law in the country and I stand by what we’ve done” – Republican Senator Scott Beason
(Of note, Sen. Beason said he has received ‘thank you’ claims from 2 people who replaced illegal immigrants who fled their jobs).
Hispanic parents are fearful about what would happen to their kids should they be rounded up under the new law. HB56 came into force at the end of September, and under its provisions police officers are required to check the immigration status of anyone they stop where there is a “reasonable suspicion” that the person might be undocumented.
Should the individual fail to produce valid immigration papers, they can be instantly sent to jail at the start of deportation proceedings.
Five states have now passed immigration laws similar to HB56, but Alabama is the only one that has been allowed by the courts to put elements of the law into effect. The federal Department of Justice, as well as a local coalition of groups and individuals, are both challenging the new law in the US appeals court for the 11th circuit that covers Alabama, Georgia and Florida. To read more about how the law will be enforced, click here to read an article by Huffington Post News.
Can-Am Immigration can help you with your immigration needs and questions. Contact us for a consultation today. We also offer Facebook consultations for your convenience.
Increase in Americans Working in Canada
Normally you would hear of people fleeing to America. Blame it on the melting American economy, but now you hearing of people heading to work in Canada.
The unstable U.S economy is driving an increased number of Americans to search for better employment opportunities up north. Citizenship & Immigration Canada say that the number of Americans entering Canada as foreign workers has doubled between 2008 and 2010.
On Thursday, U.S. President Barack Obama will unveil a plan to reduce the unemployment rate across the country. A stimulus that will include, money to refurbish schools and provide state aid for teachers and first responders, and tax incentives for small businesses to hire the long-term unemployed and military veterans, which to me is basically another gamble with $445 billion dollars that can only increase what is already a sky-high U.S debt.
Canada was lucky to have escaped the economic meltdown, and that is primarily due to Ottawa who was committed to refusing deregulation of the banking sector.
Immigration lawyers and consultants working in the Windsor-Detroit area are claiming an increase of business from American clients who have secured job offers in Canada and are applying for work permit and permanent residency.
Americans make up the second-largest group of foreign workers in Canada, behind Filipinos, most of who are nannies and caregivers. But there isn’t just an increase in American foreign workers; we are seeing a greater number of American students coming to learn in Canadian post-secondary institutions.
Even tuition, at 3 or 4 times the rate for Canadian students, American students are choosing Canadian schools for financial reasons, they are still a fraction of the cost of the majority of U.S. post-secondary institutions.
Although there are many traveling to Canada for work, there are those Americans who have been unemployed since 2008 and are still hoping that they can find a Canadian employer who will sponsor them. Many of these people find themselves stuck with the most common dilemma: in order to get a work visa, you must have a job offer. But in order to get a job offer, you need a work visa.
In Canada, to apply for a work permit (work visa), foreign workers must first secure a job offer from a Canadian employer. Once a job offer has been presented, Human Resources and Skills Development Canada (HRSDC) will make the determination of whether a visa should be issued or not.