Top-Shelf Workers, Students Left Behind by New Immigration Rules

According to several experts, Canada’s new permanent residence application system will discourage top-level professionals and other highly skilled workers from coming to this country unless changes are made soon.

The new Express Entry program, which came into effect on January 1, combines together workers wishing to apply for permanent residency in Canada. They submit an application and are awarded points based on various criteria, and those with the top scores are then invited to apply for permanent residency.

The problem with the new system, experts say, is that it fails to take into consideration foreign workers who are already in this country on temporary work permits and visas. And one of the criteria worth the most points in the system makes it difficult, if not impossible, for top executives and other high-skilled workers to fulfill.

Under the program, a labour market impact assessment (LMIA) is worth 600 of 1,200 available points. An employer must apply for an LMIA before hiring a foreign worker, to show that the foreign worker is needed to fill a job opening because a Canadian can’t be found to fill the post.

The other 600 points in the system are awarded based on an applicant’s personal characteristics, including age, language skills, education, work experience and marital status. This means that anyone who has an LMIA starts at 600 points, and collects more based on their personal characteristics. An applicant without an LMIA can only get a maximum of 600 points based on education, language, work and personal information.

Others who are affected by the policy are workers who came to Canada under LMIA-exempt categories, including those with a NAFTA permit, a clergy visa, or others who are considered a significant benefit for Canada. While some work permits are renewable, others are only in effect for a specific period of time.

A recent online petition calls on Citizenship and Immigration Canada to allow workers to extend their post-graduate work permits and award points for the work experience accrued by applicants in that category. It also calls on the department to eliminate the LMIA requirement for those on post-graduate work permits, or at least make it easier for employers to apply for them.

Citizenship and Immigration Canada counters that, in fact, Express Entry does take into account the education and work experience that international students have acquired while in Canada, particularly from open work permits.

The main problem with the new system is that top-tier workers, who have been in this country for a few years, are making good money and paying taxes, are being put into the same pool as someone who just graduated from university or who is still abroad hoping to come to Canada to work at a trade.

Some say that CIC should relax its rules for highly skilled workers, and make it more difficult for workers outside of Canada who do not have Canadian experience. The process by which an employer obtains an LMIA should also be overhauled,

The department, however, says that at the moment, the Express Entry program identifies and invites only the top-ranked candidates from the pool. This means that the Express Entry system ensures that only the candidates who are most likely to succeed, and not simply the quickest in submitting their application, are able to apply to immigrate to Canada.

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Ten Reasons to Cheer Canada’s Economy

Bank of Montreal’s chief economist says the Canadian economy offers plenty of positives despite what the Bank of Canada says.

In a report released today, Douglas Porter says, “By many metrics, Canada has long since returned to normal. In fact, we may look back on current conditions as the good old days.”

Here are 10 reasons to “appreciate” the current economic climate, according to Mr. Porter

  1. At 6.5 per cent, the jobless rate is at its lowest level in 6 years
  2. Consumers spending has improved with car and truck sales more than likely to surpass last year’s figures.
  3. The housing market is “unstoppable”, especially in Toronto, Vancouver and Calgary. Canadian home prices should rise by 5 per cent this year.
  4. Household debt is at par with record levels, but so is net worth when measured against disposable income, or $5.40 in assets for each $1 of debt.
  5. The federal government is dealing with the deficit head on.
  6. While globally, the developed world struggles with inflation, in Canada it’s on target at 2-per-cent.
  7.  In all likelihood, Canada will experience a trade surplus in 2014.
  8. Financial conditions are stronger than in the past 15 years due to low interest rates, tight bond spreads, the sinking Canadian dollar, solid house prices and lending conditions.
  9. Business sector labour productivity is up by 3.3 per cent.
  10.  Labour-management peace has led to the lowest days lost to labour disputes since the mid-1960s.

Despite these positives Mr. Porter does state that the economy is hardly “blemish-free.” Canada needs more full-time jobs, higher pay increases, a smaller current account deficit and a better showing from the provinces on balancing their books.

The Republican-dominated House of Representatives passed a bill today that would approve construction of the Keystone XL pipeline. Keystone XL gets Canadian oil to world markets and Republicans, emboldened by big gains in last week’s midterm elections, have chosen to make Keystone XL into the first battle of wills.

Meanwhile, Canada’s manufacturing sales climbed 2.1 per cent in September, to $53-billion, to mark the eighth increase in nine months, Statistics Canada said today. September’s gains were driven largely by the transportation equipment sector, without which factory shipments would have been up just 0.6 per cent.

Source: The Globe and Mail

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Chinese investors’ immigration cases fail

A Federal Court judge has ruled against more than 1,000 Chinese millionaires who tried to immigrate to Canada under the now-scrapped immigrant investor program and then tried to force their way in through the courts.

As Canada’s immigrant investor program became increasingly popular with China’s newly affluent population, the Canadian consulate in Hong Kong was inundated by eager applicants. Over 80,000 applications applied, with about 80 per cent in Hong Kong being wealthy would-be immigrants from mainland China.

In the last federal budget, the government killed the program, prompting more than 1,000 court orders filed on behalf of wealthy Chinese, Turkey and elsewhere, who argued that their applications should still be processed.

This week, a Federal Court judge dismissed the cases en masse.

Justice Mary Gleason ruled that would-be investor immigrants to Canada had no legitimate expectation of a visa or Canadian residency, and that the government acted within the law. First, the program was closed to new applicants as it was inundated, and the government eventually ended the existing program entirely.

The federal immigrant investor program allowed foreigners with a net worth of at least $1.6-million to gain a visa and eventually Canadian residency by offering the government an interest-free loan of $800,000. The government said the program was susceptible to fraud.

The program, which was broadly criticized as flawed and inefficient, is being replaced by new programs. These are likely to be launched in the fall of 2014 with a higher net worth threshold and a much larger loan which would be invested with Canadian start-ups or venture capital firms, says Richard Kurland, an immigration lawyer in Vancouver.

Mr. Kurland said the large number of applicants was a result of immigration agents, mainly in Hong Kong and China, who were pushing the cases in a desperate attempt to gain their commissions.

Source: The Globe And Mail

 

 

 

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Why Hire an Immigration Lawyer?

This question and answer article outlines the key issues involved in choosing an immigration lawyer.

There is no rule which says a candidate must hire a lawyer to successfully apply for Canadian permanent residency.

Many candidates apply and succeed on their own, while many who apply on their own face unnecessary delays or fail.

Taking a decision to apply for Canadian permanent residency is not done on a whim. It is a life-changing step made to improve the standard of living of an applicant and family members.

The process is costly, takes time and depends on the assessment of third-party officials who review and rate each case.

The review process needs full knowledge of rules and laws which are often revised. Policies and procedures change depending on the aims of the Canadian government of the day.

An immigration officer’s decision must consider an array of issues covered by volumes of government manuals, as well as ad hoc changes. These decisions are often challenged by lawyers and become the subject of volumes of reported case law.

The government encourages candidates to apply without a lawyer, but in reality a good lawyer protects an applicant’s rights.

The government acknowledges this:

“When lawyers and consultants present their clients’ cases in a clear and concise manner, processing is expedited and simplified.”
Canadian Embassy in Moscow’s Guidelines for Representatives. October 28, 1996.

Studies also offer proof of higher approval rates for applicants with lawyers.

Part One: How CBA Immigration Lawyers Can Help – Spousal Sponsorship

 

Part Two: How CBA Immigration Lawyers Can Help – Cross Border Business

 

Part Three: How CBA Immigration Lawyers Can Help – Permanent Resident

A consultant is any person called on to give advice. A lawyer (attorney, barrister or solicitor) is licensed to perform legal functions. These may include:

  • Drafting documents,
  • Interpreting and applying laws,
  • Giving legal advice,
  • Representing clients in court.

The practice of law is regulated by each of the provinces. A lawyer must have the following credentials:

  • Bachelor of law degree from recognized university,
  • Law admission examinations,
  • Training under practicing lawyer.

The conduct of lawyers in Canada is regulated by the Professional Order of Lawyers (POL).

POL rules cover areas including:

  • Separate trust bank accounts for client fees,
  • Obligations of lawyers towards clients,
  • Performance of mandates.

Breaking these rules can result in the loss or suspension of a lawyer’s license.

Anyone charging a fee to give advice on immigration must be a member of one of the following:

  • Provincial or territorial law society
  • Chambre des notariés du Québec
  • Immigration Consultants of Canada Regulatory Council (ICCRC), which replaced the Canadian Society of Immigration Consultants (CSIC) in 2011.

The admission process for licensed immigration consultants in Canada is far less rigorous. Immigration consultants do not need the same education, nor are they scrutinized to the same standards.

A client not happy with a lawyer can raise a formal complaint with the POL, which has a fund to provide compensation for irregularities.

In Canada, this is not true.

Canada is a democracy with a government, legislature and judiciary acting independently. Ministers are held to account by parliament.

In immigration and other areas, the legislature gives the government power to apply the rules and laws which govern Canada’s people.

Applying the law requires discretion. A fundamental principle is that officials make decisions impartially and without outside influence.

Public officials face sanction if they are found to have not been impartial.

Private individuals face sanction just for claiming they can influence public officials.

Applicants should not work with anyone claiming to have government ties.

Canadian immigration laws and rules allow for the extensive discretion of immigration officers, exercised within precise limits.

A clear and concise application that addresses the key issues can be assessed more effectively, meaning visas are issued faster.

Examples

  • Skilled worker category

The skilled worker category has several jobs open to prospective immigrants without the need for a formal offer.

The visa officer must approve and score the candidate’s experience.

A lawyer will know the key points to highlight to maximize that score.

  • Business categories

Business categories require an applicant to have experience managing a company.

Different visa officers may reach different conclusions. One might conclude managing a large department of a company qualifies, another may not.

An experienced lawyer will know how to present experience effectively.

The Canadian immigration system is always changing to meet the policies of the government of the day.

Visa offices also have specific requirements, which are often not transparent. Success can depend on satisfying these requirements.

A lawyer with experience in Canadian immigration will address issues open to discretion in the application.

A lawyer will also highlight any issues with the assessment process, which are most often corrected without need for legal action.

The decision to move to Canada is life-changing for a family. A lawyer can help maximize the benefits of the decision and give guidance on issues arising once permanent residency is achieved.

Most of the large law firms in Canada do not provide immigration services. The area is generally covered by lawyers who practice independently.

Choosing a good lawyer requires research, and may include the following:

  • Referrals/References

This is the most reliable factor. Clients who have had a good experience will refer friends and relatives. A good lawyer should be able to put forwarded satisfied clients as references.

  • Specialization

Canadian immigration policy undergoes continuous change. A specialist, generally defined as having more than 10 years of full time experience, is more likely to be abreast of those changes.

  • Experience
    Some lawyers are vastly experienced. This does not automatically translate to expertise, but it is an important factor.
  • Contract
    This is required by all Professional Orders. You should receive a detailed written contract from your lawyer.
  • Funds in trust
    Applicants should make fees payable to the lawyer or law firm ‘in trust’.
    This is a condition demanded by Professional Orders.
    Client fees are held in a separate trust account monitored by the Professional Order. This provides a good indication the lawyer in question adheres to current rules.
    Applicants should be cautious about making any payment to a corporate entity, regardless of the recipient.
  • Initial assessments
    A lawyer should thoroughly outline the entire application process, in writing. The best known practices will do so at no charge.
  • Advertising

Some lawyers can be found through advertising. Potential clients should not use advertising alone in selecting a lawyer. Do more research first.

  • Internet

Lawyers will normally have websites to promote their services. Prominent lawyers may also have an established social media network.  Look for lawyers who write regular content on sites with in-depth information and analysis. Steer clear of law firms with sites containing a small number of outdated pages and minimal information copied from the government. A lawyer’s expertise should come across on their site content.  You may also find free assessments which offer an initial insight into your chances of success.

  • Publications

Accomplished and experienced immigration lawyers will regularly write articles appearing in industry publications.

It is a good idea to request samples of the lawyer’s published articles. Remember to differentiate between generic pieces with elementary content and those showing in-depth knowledge and analysis.

  • Canadian Bar Association

Most lawyers in Canada are members of the Canadian Bar Association (CBA).

The CBA has an immigration section with representatives in each province.

More accomplished lawyers serve as executive members of the CBA and participate in the exchange of ideas with Immigration, Refugees and Citizenship Canada.

This can indicate a lawyer has an up-to-date knowledge of the field.

  • Professional Order

All lawyers must be registered with a Professional Order in their province.

However, this registration is no measure of expertise.

  • Phone Call

Simply speaking with a lawyer will give an indication of professionalism.

You get an immediate indication of level of service, commitment and insight.

Ask the lawyer to clearly assess the process at hand. They should have no problem doing this.

The simple answer to this is no, except Quebec.

Immigration law is a federal matter, although provinces share some jurisdiction.

Anyone charging a fee to give advice on immigration must be a member of one of the following:

  • Provincial or territorial law society
  • Chambre des notariés du Québec
  • Immigration Consultants of Canada Regulatory Council (ICCRC), which replaced the Canadian Society of Immigration Consultants (CSIC) in 2011.

Quebec controls its own immigration, as per the 1991 Canada-Quebec Accord.

A lawyer in Quebec must be a member of the Quebec Law Society (Barreau du Québec). Consultants must be licensed by the Quebec Ministry of Immigration, Diversity and Inclusion.

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