Dec 22, 2015 | Blog, In the News
What an incredible year!
We would like to take the time to wish you and yours a very Merry Christmas & a Happy New Year. It has been an incredible year for us at Can-Am Immigration. We helped families reunite in Canada, foreign students to obtain study permits so they can gain a first class education, skilled workers to fill major labour shortages across Canada, and refugees fleeing war-torn countries.
In 2015 we saw the roll out of the new Express Entry immigration system along with the employer portal, the elimination of the Live-in Caregiver Program, and changes to the family sponsorship streams allowing spouses of Canadian citizens or permanent residents obtain a work permit while waiting for their PR.
As we head into a new year, we look forward to keeping you updated on any regulation and/or policy changes. We want to remind you to update our offices if your address has changed, and to always remain in status.
As always, if you require a renewal of your visitor, study, or work permit, or if you have any questions or concerns about any immigration related matters, please do not hesitate to call us and one of our friendly Regulated Canadian Immigration Consultants will be happy to assist you. Once again, have a happy and healthy holiday, and a successful year ahead.
Yours Truly,
Can-Am Immigration
Jul 14, 2014 | Immigration, In the News
According to a recent article in the Globe and Mail, the Conservative government has adopted new powers to share Canadian immigration files with foreign governments. This practice could have widespread consequences for individuals who wish to cross borders.
The changes alter the Citizenship Act to allow the government to draft regulations “providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs,” including under international deals struck by Citizenship and Immigration Minister Chris Alexander.
The government will also be permitted to allow the “disclosure of information to verify the citizenship status or identity of any person” to enforce any Canadian law “or law of another country.”
The final regulations are still being developed, but critics warn the changes could lead to Canada sharing citizenship and immigration details with foreign countries, whether verified or not.
Bill C-24, wherein the powers are included, has drawn attention for giving the Minister the independent ability to strip Canadian citizenship in extreme cases, even from those born in the country.
Mr. Alexander’s office said the bill’s added information-sharing powers are “in line” with existing laws under the Immigration and Refugee Protection Act.
Lawyers interviewed by The Globe warned that potentially damaging personal information could move quite easily and without adequate oversight.
Immigration lawyer Barbara Jackman said federal officials could pass along citizenship applications and background checks, particularly in relation to Canadians involved in extremist movements abroad.
Feb 6, 2014 | Family Immigration, Immigration, In the News
If you have not yet submitted your application for your Parent and Grandparent sponsorship, you will have to wait until next year. As of February 3, 2014, 5000 applications have been received.
Citizenship & Immigration Canada reopened the Parent and Grandparent Sponsorship Program on January 2, 2014. A maximum of 5000 applications is the limit; a way to reduce the backlog and improving processing times to reunite families faster. There are applicants who are still in process, and have been for over 7 years.
Those who managed to qualify to submit a complete application in the first couple of weeks will be considered eligible to sponsor and their application will proceed to the visa office for processing. Applications are considered to be ‘complete’ if all required documentation is provided, and all requirements of a sponsor are met.
Check to see if you met the requirements to sponsor your parent or grandparent to Canada
- You must be a Canadian citizen or permanent resident
- You must not be collecting social assistance, welfare (except disability),
- You must not be in default of a previous sponsorship,
- You must not be an undischarged bankrupt,
- You must meet the minimum necessary income requirement for the last three (3) taxation years,
- You must purchase private health insurance for your parent or grandparent.
The new Sponsorship of Parents and Grandparents requires the Sponsor to meet the minimum necessary income for three (3) years. You must have submitted your Notice of Assessment or Option C Printouts for the last most recent three (3) taxation years. For example: 2010, 2011, and 2012. There is no exception to this requirement and if any other documentation was provided, it is likely to not be considered. In this case, the application is deemed incomplete and will most likely be returned to the Sponsor.
Super Visa for Parents and Grandparents of Canadian citizens or Permanent Residents
Children or grandchildren of Canadian citizens and Permanent Residents may apply for a Super Visa. Similar to a Visitor (tourist) Visa, a Super Visa allows for the applicant to stay in Canada for up to two (2) years at a time. While a normal Visitor Visa allows for a maximum of six (6) months, the Super Visa provides a longer stay.
Canadian citizens and Permanent Residents must meet the minimum necessary income. However, they must only meet this requirement for one (1) year.
Jan 13, 2014 | In the News
A man suspected to have been involved in a gruesome murder in the United States was allowed to enter Canada as a refugee claimant in 2006. Despite being fingerprinted and interviewed along with a criminal record check being performed, Mr. Kai-Guo Huang – entering under the alias Yu Chen – was able to obtain refugee status without difficulty. He then had to undergo a second round of fingerprinting with a second criminal record check in order to receive his permanent resident status in 2010. How is it possible for a man who is wanted in connection with a violent crime such as this one to slip through the cracks of the Canadian immigration system so easily? This is the same question that many Canada immigration experts are asking and they want answers!
The crime, committed in July of 1996, involved a man being murdered and decapitated in a Chinese restaurant in Philadelphia; his head and torso thrown into two dumpsters in New Jersey. Mr. Huang was thought to be connected with this crime, as was his brother, Xing Huang. Kai-Guo Huang was charged for the crime three months later but had already skipped town by then, presumably returning to China. His brother, Xing, is nowhere to be found. Mr. Huang then used false documents to apply for a refugee claim from China into Canada. Canada, apparently, welcomed this violent killer with open arms. Mr. Huang went on to open his own business, join a local church and eventually even bought a condo in north Scarborough. He was considered a nice, friendly guy by those he met. People who had interacted with Mr. Huang over the last several years had very little to say about him. Nobody had any reason to suspect that this man was anything more than he appeared to be. He went to work, he came home, he paid his bills and he did not cause trouble. That is, until Toronto police arrested Mr. Huang in August for driving under the influence. This arrest led Toronto police to run Mr. Huang’s fingerprints against the FBI database and the truth about this mysterious Chinaman was discovered. If you are a glass half full type of person, you may be too busy celebrating his arrest and overlook the fact that a murderer was allowed to live freely for 14 years and was only discovered by chance. In fact, if not for the DUI, my Huang could possibly have lived out the remainder of his days in Canada, living and working just like any other upstanding member of society. Very little information is available about the actual murder and very little is said about the man himself. For all we know, he may have been a ticking time bomb or he may have even had other victims – potentially in Canada.
So how did a violent killer trick the Canadian immigration system? Could it be that the system is flawed? It is understood that he used a false name and falsified documentation to enter Canada and it is also likely that he did not mention his time in the US when applying for refugee status – and later for permanent resident status – but it is unclear why his fingerprints did not raise any red flags as to his true identity and his criminal background. Having worked with immigrants from all over the world, our immigration consultants have assisted countless people in applying for and obtaining police clearances from every country in which they have resided. This is a clear requirement for anyone seeking refugee status as well as permanent resident status in Canada. A criminal record check is done in every instance and a criminal record from any country would prevent an individual from entering Canada and/or obtaining permanent resident status. Yet, somehow, this man was able to undergo and pass two criminal record checks without being detected. This begs the question, how many other potential criminals are attempting to seek refuge in our country? We know that the Canada immigration system is not so easily fooled and that they have become more strict and diligent in the years since this incident occurred. However, we must consider the possibility that others like Mr. Huang may have been able to enter the country and may in fact still be living in Canada as permanent residents despite having left behind criminal records in other countries. Changes in the Canadian immigration system in the last year have made it so this type of thing would not happen today. With the introduction of biometrics for applicants entering Canada, it will become easier for Canadian visa officers to find out whether the applicant has visited the United States regardless of what is written on the application. Biometrics includes fingerprints as well as high-resolution photos which make it more difficult for applicants to lie about their past. To some, these strict rules and regulations may seem to be a barrier to keep them from seeking refuge in Canada. However, it is obvious that measures need to be taken to protect those who are already in Canada from potential criminals. If you have nothing to hide then you have nothing to worry about. One of the most important pieces of advice you can get from an immigration consultant is to NEVER LIE on your application. If you get caught lying – or, to use government terms, “misrepresenting,” your application will surely be refused and you could be banned from applying again for years, if not indefinitely. Remember that while mistakes do happen, it is a rare case and the Canadian government is not a kindergarten class. You must be willing to open yourself to investigation if you wish to have any hope of entering Canada. Applicants who wish to enter Canada or apply for PR should contact a regulated immigration consultant to assist with your case. A consultant can assist you in determining your eligibility as well as portraying your individual situation in the best possible light. We will never take on a client who is ineligible to enter Canada.
What are your thoughts about this story? Do you believe that something like this could happen today? Do you think that a flaw in the Canada immigration system is to blame for allowing this man to enter and live in Canada for so many years? Whether you are a Canadian citizen, permanent resident, or potential immigrant, your opinions are important to us. Please share your thoughts by commenting below or join us on Facebook or Twitter to discuss this and other Canada immigration matters.
Sep 11, 2013 | In the News, Processing Times
While we are all aware of the on-going strike that is causing serious delays in processing times, we expect that less files will be processed. However, it’s not the case when it comes to Study Permits for Canada.
The Canadian government has issued more student permits for Canada in the last three months than it did during the same time last year.
More than 45,000 international student visas for Canada were issued between May and July (the busy season for those seeking to begin studies in Canada in the fall. Last year, the number was approximately 39,000.
Of the total number of study visa applications visa offices received, only approximately 81 per cent received a decision. By end of July there were approximately 13,000 visa applications yet to be processed.
There are currently thousands of study permit applications in process awaiting decisions. If you are interested in submitting a study permit to Canada, you must remember that these applications can be refused for many different reasons and hiring a representative to support and represent you on your application is crucial.
Feel free to contact me directly should you have any questions regarding the study permit application process or our representation services.
Nir Rozenberg, RCIC
Regulated Immigration Consultant – 416-665-3939
May 3, 2013 | In the News, New Laws, Skilled Workers, Why you need an immigration specialist, Work Permits, Working In Canada
In an attempt to prevent foreign workers from displacing Canadian workers, the government is making some big changes to the Temporary Foreign Worker Program. These changes will give Canadian citizens and permanent residents first shot at filling a position once it becomes available. Additionally, “these reforms will require that greater efforts be made to recruit and train Canadians to fill available jobs.” (Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism).
The main purpose of the Temporary Foreign Worker Program is to fill positions which Canadian employers are unable to fill due to lack of education, training, or experience on the part of the Canadian workers; or perhaps the lack of Canadians interested in working in certain fields. Temporary foreign workers are brought in to do the jobs that Canadians are unable or unwilling to do. There are major shortages in some of Canada’s necessary occupations and temporary foreign workers are needed to fill these gaps. However, in order to prevent misuse of the Temporary Foreign Worker Program, the government has decided to implement changes to the program which may make it more difficult for Canadian employers to hire temporary foreign workers from here on out.
Following is a list of updates to the Temporary Foreign Worker Program. Some of these changes have already been put into effect, while a few of them will be put into effect soon:
- Employers must pay temporary foreign workers the prevailing wage. There will no longer be any flexibility in the wages of temporary foreign workers. This will prevent employers from seeking temporary foreign workers as a way to cut costs.
- The Accelerated Labour Market Opinion (A-LMO) process has been put on hold indefinitely. Further review will assess whether the A-LMO process is beneficial to the Temporary Foreign Worker Program and to the Canadian economy. The A-LMO allowed Canada employers who received a positive LMO in the past to apply for expedited processing of any additional LMOs, thus allowing them to hire more temporary foreign workers in a shorter period of time. With the suspension of the A-LMO process, employers must now wait months instead of days to receive an LMO each and every time they apply for one.
- The government will now have more authority to suspend and revoke work permits and LMOs if they believe that the employers and/or temporary foreign workers are misusing the program.
- Employers will now be required to pay a fee for processing an LMO; in the past, employers did not pay for LMO processing. Additionally, the fees for work permits will increase, making it more difficult for temporary foreign workers to find employment and obtain a work permit. Employers may be less likely to seek temporary foreign workers now that they will have to pay for the LMO and in many cases, employers who were willing to cover the costs for the temporary foreign worker to obtain a work permit may not want to pay the increased work permit fees on top of the LMO fee. This will ensure employers will try harder to find Canadians to fill the positions in their company instead of rushing into hiring temporary foreign workers.
- LMO applications will be updated to include more questions that will help prevent the misuse of the Temporary Foreign Worker Program by Canadian employers and their workers.
- English and French will be the only languages allowed to be used as a job requirement for temporary foreign workers.
The government asserts that these new regulations will strengthen and improve the Temporary Foreign Worker Program and prevent its misuse. As stated, the Temporary Foreign Worker Program was designed to temporarily fill the gaps in positions which could not be filled by Canadians and to help Canadian businesses train and eventually hire Canadians for these positions. By design, this program is only meant to employ temporary foreign workers for a finite period of time (as is implied by the name of the program). So temporary foreign workers who come to work in Canada must be willing to return to their home country once they have finished doing the temporary job that they came here to do. At the end of the day, what this all boils down to is preventing temporary foreign workers taking jobs away from Canadians.
Some Canadian workers may be thrilled by this news, but it could mean disaster for Canadian employers as well as temporary foreign workers who are in Canada or wishing to enter Canada on a work permit.
Canadian employers will need to make stronger efforts to hire Canadians before being allowed to hire temporary foreign workers, making the decision to hire temporary foreign workers much more difficult. And they must prove beyond a shadow of a doubt that they have made the utmost efforts to recruit Canadian workers, that the temporary foreign worker is absolutely necessary for the success of the company, and that these temporary foreign workers will eventually lead to more jobs opening up for Canadians. Additionally, they must show that the temporary foreign worker is really being brought in to fill a temporary position and that they will leave Canada once this task has been completed. The decision to hire a temporary foreign worker is intended to be a last resort for employers. The changes made to the Temporary Foreign Worker Program should prevent Canadian employers from choosing a temporary foreign worker when there are Canadians willing and qualified to do the job.
Further changes will continue to be made to the Temporary Foreign Worker Program based on ongoing reviews by the government and the input provided by Canadians regarding this program. The changes being made are intended to strengthen the economy and help Canadian workers and businesses be successful.
If you are a temporary foreign worker or someone who wishes to apply for the Temporary Foreign Worker Program, this news may be frightening to you. We urge you to share your thoughts and concerns with us here on our blog or by calling our office at 416-665-3939 (toll free at 1-888-808-7338).
Additionally, if you are wondering whether you are at risk of losing your work permit; or if you are waiting to get a response on an LMO application; or even if you just have questions about the changes to the Temporary Foreign Worker program, please contact our office to speak with an immigration consultant. Canadian businesses who rely on foreign workers should also contact us to discuss these changes and how they may affect your business.
Whether you are a Canadian citizen, a temporary foreign worker, a Canadian employer, or any person interested in Canada immigration laws; we would love to hear your opinions on the Temporary Foreign Worker Program changes. If you have questions, your answers are just a mouse click or phone call away. We look forward to speaking with you soon.
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