May 2, 2017 | Blog, Family Immigration, New Laws, Permanent Residency, Spousal Sponsorship
On April 28, Immigration, Refugees and Citizenship Canada (IRCC) announced the elimination of the conditional permanent residence provision for sponsored spouses and partners. This provision, put in place in October 2012, was meant to prevent fraudulent marriages entered into for the sole purpose of immigration. Under this provision, a sponsored spouse or partner of a Canadian citizen or permanent resident was required to live with their sponsor for two years if, at the time of applying, the couple did not have any children together and the relationship was less than two years old.
Effective immediately, sponsored spouses and partners will be relieved of this requirement to live with their sponsor and instead receive full permanent resident status upon landing. By getting rid of the conditional permanent residence provision, the government of Canada hopes to promote gender equality and battle violence. Under the conditional permanent residence provision, vulnerable spouses or partners may have felt the need to remain in an abusive relationship for fear of losing their status. While there did exist an exception to the condition that addressed violence, this does not mean that victims were aware of it or that no other factors might have prevented them from coming forward. Fear is a big factor in these situations and abuse is not always an easy case to present. As such, it is believed that sponsored spouses were put in a difficult position under this conditional status. With this change, sponsored spouses and partners can feel secure in their status without staying in a bad or dangerous relationship. As noted on the Government of Canada website, “any case that was under investigation for non-compliance with the cohabitation condition has ceased. However, cases involving marriage fraud will continue to be investigated.”
Violence is not tolerated in Canada. If you or someone you know is suffering from abuse or neglect under the hand of a sponsor or sponsor’s family, you can get help.
For more information about spousal sponsorship, click here or contact us to discuss your options for permanent residence.
Feb 6, 2014 | New Laws, Permanent Residency
It is not yet known exactly when, but the Canadian government is set to increase the time a permanent resident must spend in Canada before applying for Canada citizenship. Currently, permanent residents must be present in Canada for three (3) out of four (4) years in order to qualify for Canadian citizenship. Changes to the Citizenship Act will include a one (1) year increase to the rule. This means permanent residents will have to spend four (4) years out of five (5) in Canada to qualify. While we believe this to be the case, the Canadian government has not confirmed.
The goal is to make sure that permanent residents can establish and show their commitment to Canada and ensure that fraud is reduced or eliminated. Changes would also include the reduction of processing times, which have nearly doubled since 2008, and are currently between 25 to 35 months.
The demand for Canada citizenship has grown drastically and continues to grow as more and more immigrate to Canada through work, studies or family sponsorship.
We will continue to follow the progress on these changes and will update our website as the information becomes more clear.
If you have already spent three (3) years in Canada as a permanent resident within the last four (4) years, we strongly urge you to submit your application as soon as possible. If you require assistance in submitting your application or determining whether you qualify to apply for Canadian citizenship contact our office to speak with a consultant today.
Sep 5, 2013 | Immigrate to Canada, New Laws, Permanent Residency
In an ongoing effort to strengthen ties to the community within Manitoba, the province has amended the Provincial Nominee Program (PNP) which allows temporary foreign workers a faster path towards Permanent Residence (PR).
At the start of 2013, Manitoba opened the option of applying online to all PNP applications – this option was formerly available to Priority applicants only. With the availability of applying online, it is now faster and easier than ever to apply for PR through the Manitoba Provincial Nominee Program (MPNP). Along with this came a deadline for mail-in applications. Applicants using a paper application must have it submitted and received by the MPNP no later than September 6th, 2013. From this date forward, all applications for the MPNP must be submitted online. All correspondence with the MPNP will be made by email so applicants must provide a valid email address in order to apply for the program. In July 2013, the MPNP underwent major renovations with new requirements put into effect on September 1st. From this date forward, applicants with ties to another Canadian province or territory must meet the following requirements in order to be eligible for the Manitoba Provincial Nominee Program.
If you are a foreign national who has studied in any other province or territory of Canada, you must:
- Show at least one year of continuous work experience with an employer in Manitoba
- Hold a valid work permit issued by Citizenship & Immigration Canada (CIC)
- Have a permanent, full-time job offer from an employer in Manitoba
The most significant change is the amount of work experience required which has doubled from the previous 6 months requirement. Note that this change will not affect international students who have graduated from a Manitoba post-secondary educational institution. Only applicants who have studied in another province or territory of Canada will be affected by this change. In addition to the above mentioned requirements, applicants will still need to show strong ties to Manitoba and ties to other provinces or territories must not be stronger than Manitoba ties. In essence, the province is trying to keep applicants from leaving Manitoba once they have been approved for PR.
In order to make it even easier for foreign workers who wish to join the community in Manitoba, the MPNP was streamlined in April 2013 to create two paths for immigration to Manitoba. Temporary foreign workers now have two options for immigration to Manitoba.
- Temporary Foreign Workers in Manitoba – If you are a temporary foreign worker or an international student graduate working in Manitoba full-time for at least six months with an offer of permanent employment from a Manitoba employer, you may be eligible to apply for PR through the Manitoba Provincial Nominee Program. Keep in mind that you must not have previous education in Canada outside of Manitoba. If you do, you will need to meet the eligibility requirements mentioned above.
- Skilled Workers outside Canada – Skilled workers from abroad looking to immigrate to the province of Manitoba may be eligible to apply for the MPNP as long as they meet the minimum requirements of employability and adaptability.
Applicants for the Manitoba Provincial Nominee Program are assessed based on points given for each of the following categories:
a. Age
b. English proficiency – you must show your proficiency in English by taking one of the approved English-language tests. Points are given based on the score obtained on this test.
c. Work experience
d. Education
e. Connection to Manitoba
The Manitoba Provincial Nominee Program is open to skilled workers from any occupation that can prove they are employable in the province of Manitoba. An exception to this is caregivers, who must apply for PR directly from CIC. Anyone living in Canada as a refugee or who have claimed and been refused refugee status may not apply for the MPNP. Investors and entrepreneurs may apply through the Manitoba Provincial Nominee Program for Business.
For more information about Manitoba’s Provincial Nominee Program and to find out whether you qualify to apply for one of the two MPNP categories, contact our office by calling 1-888-808-7338 to speak with an immigration consultant or you may fill out the form on the right side of this page and one of our consultants will get in touch with you promptly.
Jul 31, 2013 | New Laws, Work Permits
As part of an action to reform the Temporary Foreign Worker Program (TFWP) the government of Canada is now enforcing a fee for processing of Labour Market Opinion (LMO) applications. Effective today, July 31, 2013, every LMO application comes with a price tag of $275 per position requested. Employers will now need to complete new forms and provide payment for each new employee they want to hire. All new LMO applications received on or after July 31, 2013 will have to include the cost recovery fee of $275; applications submitted without the fee will not be assessed. Any Labour Market Opinion submitted on or after July 31st, 2013 is subject to these new regulations.
In addition to this fee, a couple of other changes have been made in the Temporary Foreign Worker program. One of these changes includes a language restriction which only allows employers to list English or French as requirements for a job offer. This means that you cannot use a foreign language as a reason for hiring the foreign candidate. If the job however is one that requires the candidate to be proficient in a specific language, the employer must demonstrate how the language is crucial to the position offered and for the operation of the company. Another change requires employers to show a greater effort being made to hire Canadians. This change is meant to ensure that Canadians are not losing on employment opportunities. These new advertising requirements will not affect the Live-in Caregiver Program (LICP) and other certain Agricultural streams. Give us a call to find out if you are exempt from this particular change in the program.
Live-in Caregiver employers are not exempt from paying the cost recovery fee of $275.
If you are an employer looking to hire temporary foreign workers through the temporary foreign worker program to fill positions which you are experiencing difficulty to fill, you may be overwhelmed and confused by these changes. New questions have been added to the forms and the old forms will no longer be accepted. Can-Am Immigration has knowledgeable consultants who can answer any of your questions regarding these new rules and regulations. We are available to answer your questions by phone (call us toll free throughout North America at 1-888-808-7338) or by email at inquiries@theimmigrationteam.com.
We encourage you to share, tweet, and re-post this blog article so your friends, family, colleagues and others can benefit from this new information. You may also leave a comment below to tell us how you feel about these new changes.
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.
May 3, 2013 | Immigrate to Canada, Immigration, New Immigration Programs, New Laws, Permanent Residency, Policies and Problems, Skilled Workers
The Federal Skilled Worker Program, one of Canada’s most sought-after immigration options, is now being re-opened to allow foreign workers, in 24 qualifying applications, to apply for immigration to Canada. This program, which allows immigrants to apply for permanent residence based on a points system, was closed to anyone that did not have a job offer or meet the criteria of the Ph.D. stream since July 1, 2012. New applications for the Federal Skilled Worker Program will be accepted by Citizenship and Immigration Canada (CIC) beginning on May 4, 2013.
With the re-opening of the Federal Skilled Worker Program comes a new set of rules and requirements. Professionals who wish to apply for Canada immigration through the new Federal Skilled Worker Program must be sure that they meet the new criteria. Do not assume that you qualify now just because you may have qualified in the past. The points system that was previously in place has been amended to put more emphasis on language and age. But before you can assess your points, you must be sure that you fit into one of the following categories of the new Federal Skilled Worker Program:
- You are working in one of the 24 eligible occupations for a minimum of one (1) year;
- You have a job offer from a Canadian Employer;
- You are eligible to apply under the Ph.D. stream.
If you meet the criteria for one of these three options, you will then be required to meet the minimum eligibility requirements of the Federal Skilled Worker Program. Your eligibility will be assessed based on your language abilities, age, education, work experience, arranged employment, and adaptability. Points are awarded in each category with a maximum of 100 points available and a minimum of 67 points required in order to qualify for the program.
Another major update of the Federal Skilled Worker Program is in the way the points are assessed. With the new emphasis being on language and age, some people who qualified under the old Federal Skilled Worker Program may not qualify for the new program.
Research has shown that individuals adapt better in Canada if they are proficient in at least one of the country’s two official languages – English and French. As such, more points are now being awarded for language (the same is true for age as younger people have shown better adaptability as well as having more years to be in the workforce). In order to qualify for the Federal Skilled Worker Program, you must be able to prove your proficiency in one of the two languages. To do this, you must take and pass one of the following language tests:
- Canadian English Language Proficiency Index Program (CELPIP)
- International English Language Testing System (IELTS)
- Test d’évaluation de français (TEF)
Each test will assess your language skills in reading, listening, speaking, and writing. You must obtain the required score for one of these tests in order to apply for immigration through the Federal Skilled Worker Program.
In addition to language skills, your education will be assessed using the new Educational Credential Assessment (ECA). If you wish to apply for the Federal Skilled Worker Program using educational credentials from an institution outside of Canada, you will be required to get an ECA. This process will assess that the foreign education you have is equivalent to the required education in Canada for your field of work. For example; if you are an engineer with an engineering degree from a foreign institution, your foreign engineering degree would have to be equivalent to the Canadian engineering degree in order for you to work as an engineer in Canada. In some countries, less education may be required for certain occupations. Therefore, you may be ineligible based on your education if you do not meet the minimum requirement for your occupation in Canada. Confused? You don’t have to be. Contact our office to speak to a qualified immigration consultant who can help you to understand the new system and determine whether you qualify to apply for the new Federal Skilled Worker Program.
For those applicants who are eager to get started, you may get a jump-start on your Federal Skilled Worker application by starting the process of getting an ECA now, as long as you meet all of the other requirements of the Federal Skilled Worker Program. CIC has designated organizations which can provide ECA reports for immigration purposes. If you would like to get started on this process and/or just get an idea of how your foreign credentials will be recognized in Canada, contact us today to get started. Our immigration consultants can assist you in obtaining an ECA and preparing your file early so that your application is ready to submit when the program opens. It is important to note that application forms for the Federal Skilled Worker Program will be updated upon the opening of the program so having an immigration consultant working on your case will prevent you from submitting outdated or incorrect forms.
Applicants for the Federal Skilled Worker Program should also note the cap of 5,000 applications – including a maximum of 300 applications for each of the 24 eligible occupations. With this cap in place, you do not want to risk having your application returned over a small clerical error as you may not have another chance to submit your application. With the CIC cracking down on even the tiniest of errors (not to mention large errors or missing information), it is always a good idea to have more than one pair of eyes reviewing your application. More than just another pair of eyes, our immigration consultants have a trained eye for even the most minute details. We have years of experience in dealing with these types of applications and the constant changes of the immigration system. With an immigration consultant by your side, you can rest assured that your application will be completed accurately and efficiently so that your time and money do not go to waste on a returned or refused application.
Don’t miss this opportunity to obtain your permanent residence in Canada. Applications are already being submitted and the doors may close on you if you do not act quickly. Contact us to get started right away and be ready when the new Federal Skilled Worker Program opens.
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