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Русский Quebec Immigration Economic Stream – Part I
The following essay appeared in Canada’s Immigration & Citizenship Bulletin, 29 Imm. & Cit., No.4 2018, and was written by Colin Singer, Magali Desjardins and Maria Parau at www.immigration.ca.
Introduction
October 3, 2018 – Since the coming into effect of the Cullen Couture Agreement in 1978, as amended by subsequent accords between the Governments of Canada and Quebec (Canada-Quebec Accord Relating to Immigration and Temporary Admission of Aliens, 1991; An act respecting immigration to Québec, R.S.Q., c. I-0.2), the Quebec government has extensive powers in immigration, to administer the admission of foreign nationals to its province.
On April 6, 2016, Quebec government tabled new legislation “Quebec Immigration Act”. On July 18, 2018, it tabled new regulations “Quebec Immigration Regulation” providing for a significant overhaul of its immigration programs, which are both now in force.
The highlights of the new immigration programs include:
- Introduction of a federal style Expression of Interest immigration system “Arrima” for skilled worker applicants, replacing the former first-come, first-served process.
- New Skilled Worker selection grid, awarding points for a job offer across multiple regions of Quebec.
- Expansion of the Quebec Experience Program permitting workers or their spouse / de facto spouse to hold any skill level employment in Quebec.
- Introduction of a new Entrepreneur stream for entrepreneurs receiving support from a business accelerator, incubator or university entrepreneurship centre.
- Increase of Quebec Investor net worth and investment requirements.
- Introduction of start-up and security deposits for entrepreneur and self-employed worker programs.
The majority of foreign nationals are selected each year under the Economic Class. This comprises the following five programs:
- Skilled workers: A foreign national who settles in Quebec to hold employment the foreign national is likely able to hold. This determination is made primarily on the basis of the candidate’s education and experience as well as other selection factors.
- Quebec Experience Program: A foreign national having worked in Quebec for a period of 12 months within the 24 months preceding the date of the application, or having obtained, within the three years preceding the application, an eligible diploma from a Quebec educational institution after completing at least half the duration of their program of studies in Quebec, and who can demonstrate an intermediate-advanced French language proficiency through means of standardized testing. The Quebec experience program is a sub-category of the skilled worker category.
- Entrepreneur Program: A foreign national who comes to Quebec to 1) operate a business that he creates alone or with others and who received a service offer from a business accelerator, a business incubator or a university entrepreneurship center or 2) who creates (25% ownership) or acquires a business (control of at least 51% of the business).
- Investor Program: A foreign national with suitable management experience of two years in the five years preceding the application, who alone or with his accompanying spouse or de facto spouse has net assets of at least $2,000,000 obtained legally, excluding amounts recently gifted, who undertakes to invest $1,200,000 for five years, in a prescribed investment.
- Self-employed Worker Program: A foreign national who will come to Quebec to create employment for the applicant by practicing a profession defined in the National Occupational Classification.
The selection process is points based. The Quebec Department of Immigration (Ministère de l’Immigration, de la Diversité et de l’Inclusion “MIDI”), typically legislates by Ministerial Order, the number of points that can be allocated to each of the selection factors; the authority to create, eliminate and/or modify a mandatory minimum number of points which applicants can be required to obtain for each of the selection factors within each class of immigrants; and the authority to retrospectively enact regulatory amendments which could apply to applications submitted prior to an amendment and which have not proceeded to a specified point in the assessment process.
Under the current annual immigration plan, Quebec has legislative authority to admit near 50,000 immigrants, including approximately 30,000 economic class immigrants to its province, far more than any of the other provinces in Canada. The new Premier designate Francois Legault, of the Coalition Avenir du Quebec has proposed a reduction of annual levels by 10,000, beginning in 2019.
Each year the MIDI submits its annual report to the Quebec National Assembly outlining the number of immigrants to be admitted to the province in the following year. Where immigration levels are reached in a given year, across all levels or within sub classes of the immigration plan, the Minister may suspend the processing of existing inventory until the subsequent year.
As in the case of skilled workers, entrepreneurs, investors and self-employed applicants are required to successfully complete a mandatory pre-screening evaluation.
An investor is defined as a foreign national with at least two years in the five years preceding the application, of management experience (duties related to the planning, management and control of financial resources and of human or material resources under the investor’s authority, provided that such responsibilities and duties are not assumed in the context of an apprenticeship, training, or specialization process attested to by a diploma) in a legal farming, commercial or industrial business, or a suitable legal professional business (whose personnel include at least two full time employees excluding the owner and his spouse), or a government department.
The investor, alone or with his accompanying spouse or de facto spouse, must have net assets of at least $2,000,000 obtained legally, excluding amounts received by gift within the period of six months prior to the submission of an application. The investor must undertake to invest $1,200,000 for five years, in a prescribed investment.
Suitable management experience can derive from a commercial, industrial, professional enterprise or a government agency.
Previous policy changes have given investor’s management experience a more liberal application to allow professionals such as doctors, dentists, pharmacists, accountants, lawyers and engineers who operate their own professional practices, which employ at least two full-time personnel, to qualify as an investor.
Under the Quebec program, immigrant investment proceeds are allocated to Quebec and guaranteed by way of a promissory note issued by Investissement Québec, a Quebec government owned corporation. The five-year investment period begins immediately following Quebec approval which often takes place long before the investor comes to Canada. If the investor is refused by the federal authorities for a medical or security inadmissibility, the investment less applicable financing charges is refunded.
The MIDI will receive a maximum of 1900 new investor applications during the period September 10, 2018 through March 15, 2019. From the 1900 available places, 1235 are reserved for applicants from China, Hong Kong and Macao. The remaining 665 applications are open for everyone else meeting the criteria. However, candidates who demonstrate an intermediate-advanced knowledge of French language (by presenting French test results of level B2 in speaking and listening) may apply at any time and are not subject to any annual quotas.
Under the Quebec Immigration Regulation an entrepreneur is a foreign national who is of at least 18 years of age and who comes to Quebec to 1) operate a business that he creates alone or with others and who received a service offer from a business accelerator, a business incubator or a university entrepreneurship center or 2) who creates (25% ownership) or acquires a business (control of at least 50% of the business).
The new rules therefore create two application streams for the entrepreneur category.
Stream 1
This stream is for candidates receiving support from a business accelerator, a business incubator or a university entrepreneurship center, and who wish to open and manage a business in Quebec. It consists in operating a business in Quebec that the candidate created alone or with others, to a maximum of 3 foreign nationals.
The primary condition to apply for this stream is to obtain the threshold score in the selection grid.
The service offer from a business accelerator, a business incubator or a university entrepreneurship center will be evaluated based on the following factors:
- Nature of the business project, the area of activity concerned and the needs related to its implementation;
- Company’s region of operation;
- Proposed support plan;
- Operation plan;
- Expertise of the business accelerator, a business incubator or a university entrepreneurship center.
Stream 2
Under this stream, the entrepreneur must control at least 25% of the shares of a new enterprise, or at least 51% of an acquired enterprise which must have a value equivalent or higher than the funds needed to start the business project.
The candidate must also operate the business and actively participate in its daily management.
The entrepreneur must give a start-up deposit of $200,000 if the business is located outside the metropolitan area of Montreal, or $300,000 for a business located within the metropolitan area of Montreal. This deposit is accessed by the Entrepreneur from the financial intermediary to carry out the business project.
A security deposit of $200,000 must also be given with a recognized financial institution and kept as a guarantee until the realization of the business project. The deposit is returned after the minister is satisfied the terms of the project have been fulfilled. The minister can keep the security deposit if the business project terms are not fulfilled as provided by R56.
The entrepreneur must also prove the legal acquisition a qualifying net worth of $900,000 alone or with a spouse/de factor spouse, where applicable.
If the business is acquired, it must have been operating for at least 5 years before the submission of the application and must not have been operated by a former entrepreneur within the meaning of the regulations in the 5 years preceding the submission date. Excluded businesses include those engaged in financing, insurance, real estate development, real estate brokerage, sale or distribution of pornographic or sexually explicit products.
Entrepreneur applicants, along with self-employed candidates and investors, are assessed under a selection grid comprising of several major factors including: education/training, experience, age, language, stay and family in Quebec, financial self-sufficiency, financial resources, and business project.
Under the federal Immigration and Refugee Protection Act, A9(1)(d), Quebec entrepreneurs and their dependants are subject to terms and conditions of landing which are regulated under Quebec law. Entrepreneurs must meet terms of admission for 12 consecutive months, within 3 years of arriving in Canada.
The MIDI will receive a maximum of 60 new entrepreneur applications during the period September 10, 2018 through March 15, 2019. This includes 25 under Stream 1 and 35 under Stream 2. However, candidates who demonstrate an intermediate-advanced knowledge of French language (by presenting French test results of level B2 in speaking and listening) may apply at any time and are not subject to any annual quotas.
A self-employed is primarily differentiated from skilled worker applicants in that to qualify the self-employed person must have two years of applicable experience, possess a personal net worth of $100,000, have sufficient settlement funding and will come to Québec to create their own job by practicing a profession or engaging in commercial activities. Prospective applicants must also meet applicable occupational entry or licensing requirements.
They must also submit a start-up deposit of at least $50,000 if the self-employed candidate is based in the metropolitan area of Montreal, and $25,000 if the candidate is located outside of Montreal. This deposit is accessed by the applicant from the financial intermediary to carry out the business project.
Like skilled workers, the self-employed applicant is assessed under a selection grid, comprised of several factors.
The MIDI will receive a maximum of 50 new self-employed applications during the period September 10, 2018 through March 15, 2019. However, candidates who demonstrate an intermediate-advanced knowledge of French language (by presenting French test results of level B2 in speaking and listening) can apply at any time and are not subject to any quota.
Applicants intending to settle in the province of Quebec are required to file an application for a Quebec Certificate of Selection.
Once an application is approved and a CSQ is issued, the applicant may apply for permanent residence with a federal Canadian visa office. The application is submitted to a centralized processing center and redirected to a visa office following review of completion.
After the applicant has successfully completed the federal statutory verification process comprising of health and security, the final disposition of the application will lead to visa issuance.
Current processing delays vary from 8 to 12 months for investor applications, as MIDI centralized the processing of its business applications in Montreal. This has resulted in reduced processing delays. Processing times for entrepreneur and self-employed can surpass 36 months.
The Quebec Superior Court in virtue of its superintending and reforming powers emanating from the rules of common law and Section 33 of the Quebec Code of Civil Procedure is the court of jurisdiction to contest by way of motion (evocation, mandamus, declaratory relief, etc.), administrative decisions emanating from the MIDI refusing applications for certificates of selection.
Such motions must be instituted within a reasonable delay from the final decision giving rise to the recourse. Given the complexities often surrounding an overseas immigration matter, a delay of up to six months to institute recourse in Quebec Superior Court following a refusal, has been considered permissible.
Applicants may also pursue an optional administrative review process by filing a request for reconsideration within 90 days from refusal. This is an informal process which in most cases upholds the initial refusal. Where the parties seek administrative review, the delay to file a judicial review of an unfavourable decision would be extended.
The MIDI manages its immigration program through the use of policies, guidelines and directives most of which appear in the Guide des procédures de d’immigration (“GPI”). The Quebec Court of Appeal has held that these guidelines are binding on the MIDI.
Colin R. Singer is immigration counsel for www.immigration.ca. He can be reached via Twitter: @immigrationca.
- Published in 2018, Quebec Business Immigration, Quebec Immigration, Quebec-news
Quebec Immigration Levels Plan 2018
Nov 10, 2017 – The Quebec government has exclusive jurisdiction to manage its own comprehensive immigration programs, under a series of agreements dating back to 1981. It has the largest allocations of immigrants to Canada, among the 10 provinces and 3 territories accounting for approximately 17 per cent of Canada’s planned overall annual immigration levels for 2018.
Economic Immigration Numbers
Quebec plans to welcome up to 31,300 economic immigrants in 2018, split between Skilled Worker, Business and Other Economic categories.
This maximum intake figure is 1,000 more than the expected maximum for 2017 and effectively the same as the 2016 total of 31,600 new immigrants.
The 2018 breakdown figures for Skilled Workers (24,200 to 26,300), Business (4,000 to 4,300) and Other Economic immigrants (500 to 700) are all within a similar range as seen in the previous two years.
Family Reunification Numbers
In the Family Reunification category, the maximum intake of 12,100 is slightly lower than the projected 2017 maximum intake of 12,800, but significantly higher than both 2016 (11,124) and 2015 (10,490).
Refugee Numbers
Refugee numbers are expected to drop slightly when compared to the previous years. In 2018, Quebec plans to welcome a maximum 8,800 in the Refugee categories, compared to a projected 9,500 maximum for 2017 and 9,274 in 2016.
Quebec Immigration Admission Targets 2018
| Category | Minimum | Maximum |
| Economic immigration | 28,700 | 31,300 |
| 24,200 | 26,300 |
| 4,000 | 4,300 |
| 500 | 700 |
| Family reunification | 11,600 | 12,100 |
| Refugees and people in similar situations | 8,100 | 8,800 |
| 5,600 | 6,000 |
| 1,550 | 1,600 |
| 4,050 | 4,400 |
| 2,500 | 2,800 |
| Other immigrants** | 600 | 800 |
| Total | 49,000 | 53,000 |
* Includes caregivers and other economic class immigrants
** Includes various special categories of immigrants admitted on humanitarian or public interest grounds
- Published in Quebec Immigration, Quebec Immigration
Parent and Grandparent Sponsorship in Canada
May 11, 2017 – Canada currently runs a lottery system for citizens and permanent residents who want to apply for parents and grandparents sponsorship for Canadian immigration.
Sponsors are invited to complete a basic questionnaire to enter the lottery, from which names are drawn to complete a full application.
The questionnaire is open for completion for a month, usually from early January to early February each calendar year.
The sponsorship system was introduced in 2017, replacing the old first-come, first-served system.
Sponsor Requirements for Parent and Grandparent Program
- You must be 18 years of age or older.
- Demonstrate, for a period of 3 consecutive years prior to sponsorship, income greater than the minimum published by IRCC.
- Sign an undertaking to financially support the parent or grandparent, and reimburse the government for any social assistance paid out to the relative, for a period of 20 years from the date of permanent residence.
Rules For Establishing Whether Sponsor Meets Income Requirements
- Only official documents issued by the Canada Revenue Agency (CRA) will be accepted to demonstrate income for the three years prior to submission;
- If a co-signer is included in the sponsorship application, the combined income of the co-signer and the sponsor will be considered;
- Any amounts from the following sources will be deducted from the sponsor and co-signer’s income for the purposes of financial eligibility:
- Provincial allowances received for a program of instruction or training;
- Social assistance received from a province;
- Financial assistance received from the Government of Canada under a resettlement program;
- Amounts received under the Employment Insurance Act, other than special benefits;
- Monthly guaranteed income supplement received under the Old Age Security Act;
- Canada child tax benefit received under the Income Tax Act.
Interested employers: Kindly contact us here to receive further information.
Interested candidates: Find out whether you qualify to Canada by completing our free on-line evaluation. We will provide you with our evaluation within 1-2 business days.
Read more news about Canada Immigration by clicking here.
- Published in Canada Immigration, Family Sponsorship Immigration
Manitoba Provincial Nominee Program 2017 Draws
The Manitoba Provincial Nominee Program issues periodic Invitations to Apply (ITAs) throughout the year. The table below shows all the ITAs issued for Manitoba immigration via Manitoba PNP draws in 2017.
| Date | Category | Invitations to apply | Lowest score |
| 29-Dec-17 | Skilled Workers in Manitoba | 133 | 545 |
| Skilled Workers Overseas | 45 | 711 | |
| 13-Dec-17 | Skilled Workers in Manitoba | 209 | 375 |
| Skilled Workers Overseas | 45 | 675 | |
| 23-Nov-17 | Skilled Workers in Manitoba | 250 | 567 |
| Skilled Workers Overseas | 22 | 664 | |
| 31-Oct-17 | Skilled Workers in Manitoba | 351 | 577 |
| Skilled Workers Overseas | 44 | 730 | |
| 26-Sep-17 | Skilled Workers in Manitoba | 300 | 602 |
| Skilled Workers Overseas | 49 | 721 | |
| 15-Aug-17 | Skilled Workers in Manitoba | 401 | 585 |
| Skilled Workers Overseas | 42 | 719 | |
| 11-Jul-17 | Skilled Workers in Manitoba | 458 | 612 |
| Skilled Workers Overseas | 36 | 712 | |
| 17-Jun-17 | Skilled Workers in Manitoba | 180 | 705 |
| Skilled Workers Overseas | 24 | 689 | |
| 30-May-17 | Skilled Workers in Manitoba | 258 | 735 |
| Skilled Workers Overseas | 143 | 706 | |
| 30-Mar-17 | Skilled Workers in Manitoba | 201 | 657 |
| Skilled Workers Overseas | 24 | 698 | |
| 16-Mar-17 | Skilled Workers in Manitoba | 250 | 684 |
| Skilled Workers Overseas | 63 | 703 | |
| 27-Feb-17 | Skilled Workers in Manitoba | 200 | 719 |
| Skilled Workers Overseas | 124 | 575 | |
| 27-Jan-17 | Skilled Workers in Manitoba | 150 | 734 |
| Skilled Workers Overseas | 39 | 707 |
Manitoba Provincial Nominee Program: 2017 Business Stream Draws
Manitoba immigration also runs a successful business immigration program. Below is a list of the 2017 draws:
| Month | Invitations to apply | Range of scores | Applications received |
| September 2017 | 31 | 90 to 95 | 30 |
| August 2017 | 27 | 90 to 100 | 41 |
| July 2017 | 40 | 89 to 97 | 31 |
| June 2017 | 50 | 87 to 97 | 84* |
| May 2017 | 40 | 87 to 99 | |
| April 2017 | 40 | 87 to 97 | 30 |
| March 2017 | 50 | 87 to 95 | 41 |
| February 2017 | 40 | 85 to 95 | 33 |
| January 2017 | 40 | 85 to 100 | 35 |
*Total for May and June combined
- Published in Provincial Immigration
Prince Edward Island Work Permit Business Immigration
Individuals applying for business immigration to Prince Edward Island under PEI Work Permit Program must be prepared to obtain a Canadian work permit and work for a PEI business for a certain amount of time as designated in a Performance Agreement. After the Performance Agreement is fulfilled, the applicant must make a minimum $150,000 investment in the business and commit to managing the business on a daily basis from within PEI.
The applicant can choose to become a partial owner or full owner of the business. Once the investment is made, the applicant will be nominated for Canadian permanent residence by the government of PEI. All applications under the Work Permit Program will be assessed based on the applicant’s business proposal and business experience as well as the likelihood that the applicant’s business in PEI will be successful. This program is the only PEI business immigration program that does not make use of an escrow agreement.
PEI Work Permit Program Requirements:
Under the Work Permit program, an applicant must:
- Complete and submit all required immigration forms
- Submit all other required documents
- Apply to the Canadian government for a work permit that would allow the applicant to work for the business in which they will invest into and manage.
- Possess a minimum personal net worth of $600,000. This net worth must have been acquired legally and legitimately.
- Possess at least a high school education
- Have previous experience and significant talent in business management.
- Score a minimum of 4.0 on the IELTS within the last 2 years
- Provide a detailed business plan. The business must be eligible under PEI program requirements. For a general overview of PEI business immigration, click here.
- Provide active and on-going management of the business from within Prince Edward Island.
- Make a total investment in a PEI business of at least $150,000.
Applicants participating in this program must also sign a Performance Agreement. The Agreement details the terms and conditions that the applicant must fulfill while working in PEI under a work permit. Once these conditions are met, the applicant will be nominated for permanent residence. The Performance Agreement may include:
- An investment timeline
- The required amount of investment
- Reporting and monitoring guidelines
- Other requirements that the applicant most fulfill before and after nomination.
If an applicant under the Work Permit Program decides to purchase 100% of the business in which they previously worked, the applicant will also need to submit a Purchase and Sale Agreement. The Purchase and Sale Agreement must include:
- All relevant details of the proposed investment
- Confirmation that the business being acquired is not operated primarily for the purpose of acquiring investment income such as.
- Interest
- Dividends
- Capital gains
- The purchase price for the business
- The number, class and conditions of the shares being purchased (if applicable).
- Confirmation that the investment does not include a redemption option.
- Confirmation that the applicant will provide active and ongoing management of the business from within PEI.
- Timelines for the purchase of the business
- Confirmation that the purchase price is for the whole business
- A detailed description of the activities and interests of the business.
If an applicant under the Work Permit Program decides to purchase only a portion of the business in which they previously worked, the applicant must also submit an Investment Agreement. The Investment Agreement must include:
- All relevant details of the proposed investment
- Confirmation that the business being acquired is not operated primarily for the purpose of acquiring investment income such as:
- Interest
- Dividends
- Capital gains
- The purchase price of the business
- The number, class and conditions of the shares being purchased (if applicable).
- Confirmation that the investment does not include a redemption option.
- Confirmation that the investment is for at least 1/3rd of the equity of a Prince Edward Island business OR an equity investment in the business of at least $1,000,000.
- Confirmation that the applicant will provide active and ongoing management of the business from within Prince Edward Island.
- Timelines for the purchase of the business
- A detailed description of the activities and interests of the business.
Application Priority
The PEI government will give priority to applications that are in the following sectors.
- Export-oriented business
- Agriculture
- Fisheries
- Forestry
- Businesses that bring economic diversity to rural communities in PEI.
- Bioscience
- Information technology
- Aerospace
- Renewable energy.
PEI Work Permit Program Application Process:
Step 1: Complete and Submit All Relevant Documents
Required documents include:
- A business impact category self-assessment
- A business proposal
- A completed application guide from the PEI Immigration Office.
The application and supporting documents must be submitted to the PEI Office of Immigration.
Step 2: Interview
Applicants who meet the requirements for 100% Ownership program will be invited to PEI for an interview. While they are in PEI for the interview, it is recommended that applicants travel throughout the province and learn about the province’s social and economic landscape.
Step 3: Submission of Business and Settlement Plans
Following a successful interview, the applicant will be asked to submit a business plan to the PEI Immigration Office. The applicant will also be requested to provide a settlement plan describing how the applicant and family dependents plan to settle in PEI.
Step 4: Issuance of Letter of Support for a Work Permit
Once the applicant signs the performance agreement mentioned above, the government of PEI will issue a letter of support to the Canadian government allowing the applicant to apply for a work permit. This letter will only be issued if the performance agreement is signed and the business plan and settlement plan are approved. If the applicant meets all relevant criteria, a work permit will be issued on behalf of the applicant. Once the applicant receives the work permit, he/she will be required to take an active role in the operation and management.
Step 5: Compliance with the Performance Agreement
The applicant must comply with all the terms and conditions of the performance agreement.
Step 6: Nomination for Permanent Residence
If the applicant complies with the terms and conditions of the performance agreement, the applicant will receive a letter of nomination approval and a letter of instruction from the PEI government. The applicant must then use these documents to apply for permanent residence with the Canadian federal government. Note: being nominated for permanent residence by the PEI government DOES NOT guarantee that you will be accepted for permanent residence by the federal Canadian government. The Canadian government has its own set of immigration requirements, primarily related to health, security that must be met.
Step 7: Approval by the Canadian Government.
If all immigration requirements are met, the applicant and accompanying dependants will be granted Canadian permanent residence. Once the permanent residence visa is activated, the applicant will be able to start living in PEI.
Interested employers: Kindly contact us here to receive further information.
Interested candidates: Find out whether you qualify to Canada by completing our free on-line evaluation. We will provide you with our evaluation within 1-2 business days.
- Published in Canada Immigration, Provincial Immigration
Administrative Monetary Penalties (AMPs) & other Consequences for Non Compliant Employers Hiring Temporary Foreign Workers
VIOLATIONS
TABLE 1
EMPLOYER CONDITIONS
| Item | Column 1 Provision | Column 2 Short-form Description | Column 3 Classification |
|---|---|---|---|
| 1. | 209.2(1)(b)(i) | Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 2. | 209.2(1)(b)(ii) and 209.3(1)(c)(ii) | Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 3. | 209.3(1)(a)(iii)(C) | For employers of a live-in caregiver: have sufficient financial resources to pay wages that were offered | Type A |
| 4. | 209.3(1)(c)(i) | Be able to demonstrate that any information provided for the assessment was accurate during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 5. | 209.4(1)(a) | Report at any time and place specified to answer questions and provide documents | Type A |
| 6. | 209.4(1)(b) | Provide required documents | Type A |
| 7. | 209.4(1)(c) | Attend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or information | Type A |
| 8. | 209.2(1)(a)(ii) and 209.3(1)(a)(ii) | Comply with the federal and provincial laws that regulate employment and the recruiting of employees in the province in which the foreign national works | Type B |
| 9. | 209.2(1)(a)(iii) and 209.3(1)(a)(iv) | Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employment | Type B |
| 10. | 209.3(1)(a)(iii)(A) | For employers of a live-in caregiver: ensure that foreign national resides in a private household in Canada and provides child care, senior home support care or care of a disabled person in that household without supervision | Type B |
| 11. | 209.3(1)(b)(i) | Ensure that the employment of the foreign national will result in direct job creation or retention for Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 12. | 209.3(1)(b)(ii) | Ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 13. | 209.3(1)(b)(iii) | Hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 14. | 209.3(1)(b)(iv) | Make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 15. | 209.2(1)(a)(i) and 209.3(1)(a)(i) | Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiver | Type C |
| 16. | 209.3(1)(a)(iii)(B) | For employers of a live-in caregiver: provide the foreign national with adequate furnished private accommodation in the household | Type C |
| 17. | 209.2(1)(a)(iv) and 209.3(1)(a)(v) | Make reasonable efforts to provide a workplace that is free of abuse within the meaning of paragraph 72.1(7)(a) of these Regulations | Type C |
TABLE 2
ADMINISTRATIVE MONETARY PENALTY AMOUNTS
| Item | Column 1 Total Number of Points | Column 2 Type A Violation | Column 3 Type B Violation | Column 4 Type C Violation | |||
|---|---|---|---|---|---|---|---|
| Individual or Small Business ($) | Large Business ($) | Individual or Small Business ($) | Large Business ($) | Individual or Small Business ($) | Large Business ($) | ||
| 1. | 0 or 1 | none | none | none | none | none | none |
| 2. | 2 | 500 | 750 | 750 | 1,000 | 1,000 | 2,000 |
| 3. | 3 | 750 | 1,000 | 1,250 | 2,000 | 5,000 | 10,000 |
| 4. | 4 | 1,000 | 2,000 | 3,000 | 7,000 | 10,000 | 20,000 |
| 5. | 5 | 4,000 | 6,000 | 7,000 | 12,000 | 15,000 | 30,000 |
| 6. | 6 | 8,000 | 10,000 | 12,000 | 20,000 | 20,000 | 40,000 |
| 7. | 7 | 12,000 | 20,000 | 20,000 | 30,000 | 35,000 | 50,000 |
| 8. | 8 | 20,000 | 30,000 | 35,000 | 45,000 | 45,000 | 60,000 |
| 9. | 9 or 10 | 30,000 | 45,000 | 50,000 | 60,000 | 60,000 | 70,000 |
| 10. | 11 or 12 | 40,000 | 60,000 | 60,000 | 70,000 | 70,000 | 80,000 |
| 11. | 13 or 14 | 50,000 | 70,000 | 70,000 | 80,000 | 80,000 | 90,000 |
| 12. | 15 or more | 100,000 | 100,000 | 100,000 | 100,000 | 100,000 | 100,000 |
TABLE 3
PERIOD OF INELIGIBILITY
| Item | Column 1 Total Number of Points | Column 2 Type A Violation | Column 3 Type B Violation | Column 4 Type C Violation |
|---|---|---|---|---|
| 1. | 0 to 5 | none | none | none |
| 2. | 6 | none | none | 1 year |
| 3. | 7 | none | 1 year | 2 years |
| 4. | 8 | 1 year | 2 years | 5 years |
| 5. | 9 or 10 | 2 years | 5 years | 10 years |
| 6. | 11 or 12 | 5 years | 10 years | 10 years |
| 7. | 13 or 14 | 10 years | 10 years | 10 years |
| 8. | 15 or more | permanent | permanent | permanent |
TABLE 4
COMPLIANCE HISTORY
| Items | Column 1 Criterion | Column 2 Points |
|---|---|---|
| 1. | For Type A and Type B violations — first violation | 1 |
| 2. | For Type A violations — second or subsequent violation | 2 |
| 3. | For Type B violations — second violation | 2 |
| 4. | For Type C violations — first violation | 2 |
| 5. | For Type B violations — third or subsequent violation | 3 |
| 6 | For Type C violations — second violation | 3 |
| 7. | For Type C violations — third or subsequent violation | 4 |
TABLE 5
SEVERITY OF THE VIOLATION
| Item | Column 1 Criterion | Column 2 Points |
|---|---|---|
| 1. | The employer derived competitive or economic benefit from the violation | 0 to 6 |
| 2. | The violation involved abuse of a foreign national (physical, psychological, sexual or financial) | 0 to 10 |
| 3. | The violation negatively affected the Canadian labour market or the Canadian economy | 0 to 6 |
| 4. | The employer did not make reasonable efforts to minimize or remediate the effects of the violation | 0 to 3 |
| 5. | The employer did not make reasonable efforts to prevent recurrence of the violation | 0 to 3 |
- Published in Canada Immigration
Violations
VIOLATIONS
TABLE 1
EMPLOYER CONDITIONS
| Item | Column 1 Provision | Column 2 Short-form Description | Column 3 Classification |
|---|---|---|---|
| 1. | 209.2(1)(b)(i) | Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 2. | 209.2(1)(b)(ii) and 209.3(1)(c)(ii) | Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 3. | 209.3(1)(a)(iii)(C) | For employers of a live-in caregiver: have sufficient financial resources to pay wages that were offered | Type A |
| 4. | 209.3(1)(c)(i) | Be able to demonstrate that any information provided for the assessment was accurate during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 5. | 209.4(1)(a) | Report at any time and place specified to answer questions and provide documents | Type A |
| 6. | 209.4(1)(b) | Provide required documents | Type A |
| 7. | 209.4(1)(c) | Attend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or information | Type A |
| 8. | 209.2(1)(a)(ii) and 209.3(1)(a)(ii) | Comply with the federal and provincial laws that regulate employment and the recruiting of employees in the province in which the foreign national works | Type B |
| 9. | 209.2(1)(a)(iii) and 209.3(1)(a)(iv) | Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employment | Type B |
| 10. | 209.3(1)(a)(iii)(A) | For employers of a live-in caregiver: ensure that foreign national resides in a private household in Canada and provides child care, senior home support care or care of a disabled person in that household without supervision | Type B |
| 11. | 209.3(1)(b)(i) | Ensure that the employment of the foreign national will result in direct job creation or retention for Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 12. | 209.3(1)(b)(ii) | Ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 13. | 209.3(1)(b)(iii) | Hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 14. | 209.3(1)(b)(iv) | Make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 15. | 209.2(1)(a)(i) and 209.3(1)(a)(i) | Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiver | Type C |
| 16. | 209.3(1)(a)(iii)(B) | For employers of a live-in caregiver: provide the foreign national with adequate furnished private accommodation in the household | Type C |
| 17. | 209.2(1)(a)(iv) and 209.3(1)(a)(v) | Make reasonable efforts to provide a workplace that is free of abuse within the meaning of paragraph 72.1(7)(a) of these Regulations | Type C |
TABLE 2
ADMINISTRATIVE MONETARY PENALTY AMOUNTS
| Item | Column 1 Total Number of Points | Column 2 Type A Violation | Column 3 Type B Violation | Column 4 Type C Violation | |||
|---|---|---|---|---|---|---|---|
| Individual or Small Business ($) | Large Business ($) | Individual or Small Business ($) | Large Business ($) | Individual or Small Business ($) | Large Business ($) | ||
| 1. | 0 or 1 | none | none | none | none | none | none |
| 2. | 2 | 500 | 750 | 750 | 1,000 | 1,000 | 2,000 |
| 3. | 3 | 750 | 1,000 | 1,250 | 2,000 | 5,000 | 10,000 |
| 4. | 4 | 1,000 | 2,000 | 3,000 | 7,000 | 10,000 | 20,000 |
| 5. | 5 | 4,000 | 6,000 | 7,000 | 12,000 | 15,000 | 30,000 |
| 6. | 6 | 8,000 | 10,000 | 12,000 | 20,000 | 20,000 | 40,000 |
| 7. | 7 | 12,000 | 20,000 | 20,000 | 30,000 | 35,000 | 50,000 |
| 8. | 8 | 20,000 | 30,000 | 35,000 | 45,000 | 45,000 | 60,000 |
| 9. | 9 or 10 | 30,000 | 45,000 | 50,000 | 60,000 | 60,000 | 70,000 |
| 10. | 11 or 12 | 40,000 | 60,000 | 60,000 | 70,000 | 70,000 | 80,000 |
| 11. | 13 or 14 | 50,000 | 70,000 | 70,000 | 80,000 | 80,000 | 90,000 |
| 12. | 15 or more | 100,000 | 100,000 | 100,000 | 100,000 | 100,000 | 100,000 |
TABLE 3
PERIOD OF INELIGIBILITY
| Item | Column 1 Total Number of Points | Column 2 Type A Violation | Column 3 Type B Violation | Column 4 Type C Violation |
|---|---|---|---|---|
| 1. | 0 to 5 | none | none | none |
| 2. | 6 | none | none | 1 year |
| 3. | 7 | none | 1 year | 2 years |
| 4. | 8 | 1 year | 2 years | 5 years |
| 5. | 9 or 10 | 2 years | 5 years | 10 years |
| 6. | 11 or 12 | 5 years | 10 years | 10 years |
| 7. | 13 or 14 | 10 years | 10 years | 10 years |
| 8. | 15 or more | permanent | permanent | permanent |
TABLE 4
COMPLIANCE HISTORY
| Items | Column 1 Criterion | Column 2 Points |
|---|---|---|
| 1. | For Type A and Type B violations — first violation | 1 |
| 2. | For Type A violations — second or subsequent violation | 2 |
| 3. | For Type B violations — second violation | 2 |
| 4. | For Type C violations — first violation | 2 |
| 5. | For Type B violations — third or subsequent violation | 3 |
| 6 | For Type C violations — second violation | 3 |
| 7. | For Type C violations — third or subsequent violation | 4 |
TABLE 5
SEVERITY OF THE VIOLATION
| Item | Column 1 Criterion | Column 2 Points |
|---|---|---|
| 1. | The employer derived competitive or economic benefit from the violation | 0 to 6 |
| 2. | The violation involved abuse of a foreign national (physical, psychological, sexual or financial) | 0 to 10 |
| 3. | The violation negatively affected the Canadian labour market or the Canadian economy | 0 to 6 |
| 4. | The employer did not make reasonable efforts to minimize or remediate the effects of the violation | 0 to 3 |
| 5. | The employer did not make reasonable efforts to prevent recurrence of the violation | 0 to 3 |
- Published in Express Entry Immigration Draws
Express Entry Immigration Draws 2015
Express Entry is an immigration system which selects skilled workers to Canada under Federal Economic programs.
Applicants submit an online profile to the Express Entry Pool. Canadian employers and provincial governments across Canada access the best candidates who are invited by the Federal government to apply for Canadian permanent residence.
The government issues invitations at regular intervals during the year. The following are the invitations issued in 2015:
| Draw | Date | Number of Invitations | Lowest CRS Score |
| 22 | December 4th | 1,451 | 461 |
| 21 | November 27th | 1,559 | 472 |
| 20 | November 13th | 1,506 | 484 |
| 19 | October 23rd | 1,502 | 489 |
| 18 | October 2nd | 1,530 | 450 |
| 17 | September 18th | 1,545 | 450 |
| 16 | September 8th | 1,517 | 459 |
| 15 | August 22nd | 1,523 | 456 |
| 14 | August 8th | 1,402 | 471 |
| 13 | July 17th | 1,581 | 451 |
| 12 | July 10th | 1,516 | 463 |
| 11 | June 26th | 1,575 | 469 |
| 10 | June 12th | 1,501 | 482 |
| 9 | May 22nd | 1,316 | 755 |
| 8 | April 17th | 715 | 453 |
| 7 | April 10th | 925 | 469 |
| 6 | March 27th | 1637 | 453 |
| 5 | March 20th | 1620 | 481 |
| 4 | February 27th | 1187 | 735 |
| 3 | February 20th | 849 | 808 |
| 2 | February 7th | 779 | 818 |
| 1 | January 31st | 779 | 886 |
Attorney Colin Singer discusses the implications here.
Find out whether you qualify to Canada by completing our free on-line evaluation. Colin Singer will provide you with your evaluation results within 1-2 business days.
- Published in Express Entry Immigration Draws
Spousal Sponsorship Conditions
Certain individuals sponsored to come to Canada by their spouse, common-law partner or conjugal partner are granted conditional permanent resident status aim at ensuring relationships are genuine.
There were formerly two conditions, namely a five-year ban on sponsoring a new spouse or partner and a two-year requirement for certain couples to remain living together.
As of April 28, 2017, the two-year cohabitation condition has been removed. More information is available here.
5 Year Ban On Spousal and Partner Sponsorship
Canadian citizens and permanent residents have the right to sponsor their spouse, common-law or conjugal partner to come to Canada.
However, this right is limited for individuals who were themselves sponsored in that category.
These individuals cannot sponsor a new spouse or partner until a period of five years has elapsed from the day they landed in Canada, becoming permanent residents.
This condition applies regardless of whether the person obtains Canadian citizenship in the interim.
The five-year ban does not apply to non-spousal or partner sponsorships.
As such, individuals who were sponsored as a spouse or partner can freely sponsor other members of the family class.
Basic Requirements For Family Sponsorship
To be a sponsor:
- You must be 18 years of age or older.
- You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative, if necessary. This agreement also says the person becoming a permanent resident will make every effort to support her or himself.
- You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident.
- You must provide financial support for a dependent child for 10 years, or until the child turns 25, whichever comes first.
Canada Family Sponsorship: Who Can Be Sponsored?
- Spouse.
- Common law partner.
- Conjugal partner.
- Dependent children.
- Parents.
- Grandparents – (Additional conditions apply)
- Brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship.
- Another relative of any age or relationship, but only under specific conditions.
- Accompanying relatives of the above (for example, spouse, partner and dependent children).
Interested employers: Kindly contact us here to receive further information.
Interested candidates: Find out whether you qualify to Canada by completing our free on-line evaluation. We will provide you with our evaluation within 1-2 business days.
Read more news about Canada Immigration by clicking here.
- Published in Family Sponsorship Immigration
Canada’s Federal Elections – 2006 Canadian Immigration policies under a Conservative government
Canada’s Conservative party was elected to power with a modest minority government in the elections held on January 23, 2006, ending 12 years of Liberal party rule in Canada. It is now time to assess what effect this will have on future Canadian immigration policy. Under the current distribution of seats, the Conservatives must clearly negotiate its political agenda with Canada’s three other parties of consequence, the Liberals, the separatist Bloc Quebecois and the New Democratic Party, just as the previous government under the Liberals were forced to do when it was re-elected with a minority in the elections of June 2004.
The current version of the Conservative party founded and led by Stephen Harper, is the product of a merger in December 2003 between the former pro western Canadian Alliance and the former Progressive Conservative Party of Canada, which swept to power in Canada under the infamous Prime Minister Brian Mulroney in 1984, before imploding in 1993.
It is said that Stephen Harper is quite fond of the leanings of the former Prime Minister Mulroney. During the Mulroney years, immigration levels to Canada steadily and dramatically increased in each of the party’s 8 years of power to the point, that in its last full year of political power in 1992, Canada admitted 252,842 newcomers under all categories. This figure is quite comparable to the numbers of admissions under the Liberals in each of its 12 years of power during the period 1993 – 2005.
In fact, annual admissions to Canada have consistently exceeded the 200,000 threshold since the early 1990’s as Canadian immigration policy has closely followed that of other OECD countries, configured in part to combat a number of demographic developments including, an aging population, a growing elderly dependency ratio, a shrinking labour force and the ongoing dilemma in Canada of brain drain.
There is no reason to believe that annual immigration levels in Canada will be reduced under a Harper run government. The question is, can we expect a substantial increase in the numbers of admissions to Canada over current levels under the Conservatives, as the Liberals have been promising since 1993? This is unlikely until our infrastructure and capacity to absorb newcomers is improved. But other areas appear to be attracting attention.
One area that continues to cause continued controversy amongst immigrants to Canada and which the Conservatives promise to address, is the difficulty newcomers incur in having their credentials recognized by Canadian employers. It is common knowledge that many professionals and trades persons continue to face barriers, – largely imposed by the provincially administered professional bodies and trades councils, in receiving permission to work in their occupations in Canada. The conundrum is that on the one hand current immigration selection rules favour individuals with education and work experience while on the other, newcomers often face insurmountable hurdles to have their foreign credentials recognized to become employed in their vocation.
Moreover, numerous studies show that many immigrants in Canada can initially face prolonged periods of an under-utilization of their skills and suffer pay inequities for carrying out the same work as native born Canadians.
The Conservatives pledged to address this problem by introducing an agency to accredit foreign qualifications. But this proposed solution, on its face, is far too simplistic and completely ignores the reality that the right to work in the provinces falls entirely under provincial jurisdiction. Unless agreement is reached with the provincially administered professional associations – and there are at least ten times more professional associations in Canada (each with a mandate to uphold barriers to entry) than all the provinces put together, this pledge will have no meaningful effect.
Practitioners agree that change in this area is essential for the continued success of Canada’s immigration policy. As with most complex scenarios however, change of this nature can take a long time and will likely take hold only out of necessity. Perhaps we can only expect to see a gradual change in philosophy from within the trades’ councils and the professions, when there are no pediatricians and family physicians, no bookkeepers, no plumbers, electricians, welders or skilled trades’ persons in many other occupations within a continually expanding geographical area. This is what is already taking place.
Perhaps as membership within the various professional bodies begins to fall, or revenues to sustain their operating budgets becomes untenable, the rigid philosophy that currently prevails amongst these regulatory circles, will gradually lead to change.
An area that is guaranteed to stir controversy is the stated plan by Harper to introduce new debate in Canada’s Parliament over gay marriage. The issue of same sex marriages underwent an important development in Canada following the proclamation of the federal Civil Marriages Act last year. This legislation flows from a landmark December 2004 Supreme Court of Canada ruling upholding Parliament’s authority to legislate in this area. It extends the legal capacity for marriage to same sex couples in Canada.
This has also had widespread effect in many areas in Canada including the field of immigration. Canadian immigration rules, under a complex formula, now recognize the rights of same sex couples as a member of the family class or as an accompanying family member under the Canadian Immigration and Refugee Protection Act who have married in Canada. It is no wonder therefore, that many same-sex couples have been rushing to formalize their matrimonial status in anticipation of a new change in government.
The Conservatives have promised to embark on a tough stand in favour of strengthening Canada’s security provisions in a number of areas. In addition to modifications to mandatory sentencing legislation, gun control and tougher provisions at Canada’s border crossings, we can also expect to see increased budgetary allocations to enforce deportations of unwanted immigrants.
The Conservatives have also pledged to eliminate the $975 charge on new immigrants, which the Liberals introduced in the late 1990’s.
Few will object to the latter two initiatives. But it is hoped that in addition to this initial agenda, the new government will be open to resolving a number of pending issues that have been carried forward from the previous government. This includes among others, addressing the long delays stemming from a lack of resources which continue to persist in areas such as Family Class sponsorship cases and skilled worker applications.
- Published in Canada Immigration
