IT Managers are “Out” – Architects and Dentists are “In”

Ottawa – June 26, 2010. What we feared might happen, happened. Just an hour before closing day today, and without any warning, Citizenship and Immigration Canada (CIC) removed a number of professions from the list of eligible occupations under the Federal Skilled Worker program.

Senior positions appear to be the most targeted category for removal from the list of self-petitioning categories. These include, IT and financial managers as well as managers from the hotel and construction industry.

A number of non-managerial positions were also removed. These include auditors, accountants and a number of engineering positions including geologists, petroleum engineers and geochemists.

On the flip side of the coin, occupations that were previously unavailable, now qualify for the federal skilled worker program. To name a few, these include architects, insurance adjusters, dentists and dental hygienists, psychologists and social workers.

For a full list of current eligible occupations under the program, click below.

“Affected clients who have been diligently preparing their government forms but haven’t submitted their applications to the intake office in Sydney, Canada are absolutely devastated by the news”, declared Marc Laforce, a licensed practitioner in Dallas. “Abruptly announcing that the gate ‘is now closed’ without any warning, not even 48 hours, can only be characterized as a fait accompli and is irresponsible and I’m afraid without precedent” continued the fuming practitioner.

Background

In a move to speed-up and streamline immigration applications, CIC has implemented a set of so-called “Ministerial Instructions” in 2008 which aimed at curtailing the volume of applicants by allowing only those with experience in high-demand jobs apply on a self-sponsored basis. For the most part, this adjustment was a wide success given processing times were drastically cut from an average of two to four years, depending on the visa post, to just under a year in most cases.

While the supply of skilled workers obviously change according to the vagaries of the Canadian and international economies, and therefore changes to the list of eligible occupations are to be expected, the issue practitioners are having is in the abrupt manner in which the new set of available occupations have come into force.

Given the preparation of applications require at least a few weeks, or more if one followed CIC’s own recommendation to have advance language test results before applying, we had expected that CIC would allow a brief transition period by which applicants under the previous list could apply. Instead, Clients who have been diligently waiting for language results or who have been reaching out to spouses overseas for signatures, are left cold.

What Does this Means for IT Managers and Other Affected Professionals?

In short, if an application is not received in Sydney, Nova Scotia, and confirmed with a date stamp by the intake office by June 26, 2010, and you do not have at least one year experience in an occupation under the new list of eligible federal skilled workers as denoted in Question 11 in the Schedule 3 form, your application will be returned along with a full refund or return of your government fees.

If you fear that this applies to you, our office will be open late for the entire month of July for appointments. To book an appointment at our office, you may contact Kari Wood at Toll Free: 888-827-6605. Simply mention that you wish to re-assess your application per under the new list of eligible occupations as announced today, and a licensed practitioner will be happy to explore other options.

While the federal skilled worker program is an excellent way to secure permanent residency in Canada on the count that you can sponsor yourself, there are a number of similar immigration streams that you may be eligible for. Given immigration has shared jurisdiction in Canada, whereby both federal and provincial (state) may select immigrants, you may be surprised to discover an alternative solution to get you to Canada without having to obtain a company or family sponsorship.

In Quebec for instance, IT professionals, as opposed to just IT managers, may self-petition themselves under a similar points system as used by the Federal branch. Having lived and studied in Montreal, Marc Laforce is one of the few US-based bilingual practitioners in the country and is intimately familiar with the Quebec process. The province of Alberta also contains a self-petitioning stream; albeit for H-1B and H-1C holders only.

For more info, contact the offices of Marc Laforce, CCIC. We have multiple US locations and telephone appointments can be arranged. Tel.: (888) 827-6605

List of Eligible Occupations Under the Federal Skilled Worker program as Announced Today

An occupation that has a strikethrough is no longer eligible – but was before June 26, 2010

An occupation denoted in red are new as of June 26, 2010

An occupation that has no strikethrough and is not indicated in RED denotes no change and is still valid.

Notice to applicants under the Economic Class

(Federal and Quebec Skilled Worker, Entrepreneur, Self Employed, Investor, and Provincial Nominee)

As of April 1, 2010, Economic applications from citizens or residents of Pakistan will be processed in London, United Kingdom. If you live in Pakistan and are applying under this category, send your application to London and not to Islamabad.

If you are interested in immigration to Canada you have a number of options. Immigration is divided into family, skilled worker and business classes. If you are interested in immigration to the province of Quebec please note that this province is responsible for selecting its own immigrants; with the exception of family class you must submit your application directly to the Quebec government. Several other Canadian provinces have a provincial nomination program.

Important: Persons who are not citizens or permanent residents of Pakistan and Afghanistan may not submit applications for permanent resident visas at the Canadian High Commission in Islamabad. View the List of Countries and Corresponding Canadian Visa Offices to find the Embassy or High Commission that serves your country of residency.

For Plans to Stop Immigration Ghost Agents

The Canadian Society of Immigration Consultants (CSIC) is applauding the Federal government’s intention to shut down unscrupulous immigration consultants, announced today during the Speech from the Throne.

Unscrupulous ghost agents who pose as immigration consultants often exploit prospective immigrants for their own gain. They don’t have to prove their competence and they’re not accountable to anyone.

Governor General Michaëlle Jean delivered the speech, which promised that “to better protect would-be immigrants, our Government will take steps to shut down unscrupulous immigration consultants.”

“It’s very encouraging that the government is heeding CSIC’s call for action on ghost agents,” said John Ryan, CSIC Chair and Acting CEO. “I look forward to seeing the details of their plan.”

The pledge comes just one month after CSIC hosted the first annual National Immigrant Protection Day to draw attention to the ghost agent problem and offer recommendations to the government….

A ghost agent is one who poses as an immigration consultant and takes advantage of prospective immigrants for their own gain.

These “agents” don’t have to prove their competence and they’re not accountable to anyone.  The CSIC and many other Canadian agencies strongly encourage all prospective immigrants to be sure that their immigration agent is certified.

The January 12 earthquake in Haiti caused significant damage to the Embassy of Canada in Port-au-Prince, which limited visa and immigration services for the past month. The government’s first priority has been to provide consular assistance and help evacuate Canadian citizens and permanent residents.

Over 1,000 temporary resident visas have been issued to people accompanying Canadian citizens being evacuated from Haiti.

In addition, Citizenship and Immigration Canada assisted in the evacuation of more than 200 Haitian children destined to their adoptive Canadian parents…

Read the full article at cic.gc.ca

Prestigious National Governance Award

The Directors College, Canada’s leading university-accredited director education program, awarded CSIC Chair and Acting CEO John Ryan with The Gilbert Bennett Gold Standard Award today in recognition of his extensive and varied commitment to excellence in corporate governance.

The Conference Board of Canada and McMaster University’s DeGroote School of Business founded The Directors College, which has become Canada’s premier institution for director education. Ryan graduated from the college with an internationally recognized Chartered Director professional designation from McMaster….

A flight carrying 31 Haitian children to their new Canadian parents landed in Ottawa last night. CIC officials, a medical team, and Air Transat staff accompanied the children.

The children range in age from 6 months to 16 years old. One of the children is destined for Ontario, one for Alberta and the rest are going to Quebec.

The next flights are scheduled to arrive in Ottawa on Saturday, February 6 and Wednesday, February 10. We are working to put as many children as possible on the flights, given the logistical difficulties in Haiti. More information will be posted as it becomes available.

All of these children were already in the adoption process when the earthquake struck near Port-au-Prince.  We are only proceeding with cases where a match between the child and parents was made prior to the earthquake…

Read the full article at www.cic.gc.ca

Canada is rich with opportunities for business succession.

A significant proportion of the Canadian economy is made up of small and medium businesses—Statistics Canada reports that more than three quarters of businesses in Canada are firms with fewer than 10 employees. Many of these businesses are family-owned, and are faced with the reality that there is nobody to pass the successful business on to upon retirement. These businesses present a prime opportunity for individuals who wish to immigrate to Canada as Entrepreneurs.

According to a recent report in a leading Canadian newspaper, family-owned businesses are facing a succession-planning crisis, which is to say that the owners and operators who are close to retirement have not sufficiently planned for the future of the business after they leave it. In some cases, the owners have no family members to pass the firms to, and in others the family members have chosen to establish careers separate from the family enterprise.

Canadian immigration programs for Entrepreneurs exist at both the federal and provincial levels, and Canada’s existing, successful businesses not only provide a path to Canadian immigration, but a future doing business in Canada as well.

To immigrate to Canada under the federal Entrepreneur program, an applicant must have a minimum net worth of CDN 300,000 and at least two years of business experience (ownership and management of a qualifying business) within the five years prior to the time of application.

The province of Quebec, which is responsible for selecting its own immigrants, has an Immigrant Entrepreneur program with a similar net worth and business background requirement.

As well, numerous provinces have Entrepreneur streams or categories under their Provincial Nominee Programs (PNP). For example, the Saskatchewan Immigrant Nominee Program (SINP)comprises multiple entrepreneur streams with net worth requirements ranging from CDN 300,000 to CDN 500,000 and New Brunswick’s PNP has a net worth requirement that is dependent on an individual’s business plan. British Columbia, Manitoba, Newfoundland and Labrador, the Yukon territory and the Northwest Territories also have Entrepreneur streams under their Nominee Programs.

Under all of the Canadian immigration programs for Entrepreneurs, applicants must agree to implement a business plan upon obtaining permanent resident status in Canada, whether this plan involves setting up a new business or investing in and managing an existing one.

Canadian permanent residents who have immigrated under an Entrepreneur program must meet with immigration officials regularly during their first few years (the time period differs by program) to show they are satisfying the requirements of their program.

Do you qualify for Business Immigration to Canada? Call for a consultation.

Only Use Immigration Representatives Authorized by the Canadian Government

In light of the Government of Canada’s decision to expedite immigration applications from Haitians with family in Canada on compassionate grounds, the Canadian Society of Immigration Consultants (CSIC) is cautioning those who might decide to hire a paid immigration representative to only hire one that is authorized by the Canadian Government.

The Government of Canada will not deal with non-authorized representatives who charge a fee for their service.

The Canadian Immigration and Refugee Protection Act Regulations states that those who, for a fee, advise, represent or consult clients on matters before the Minister of Citizenship and Immigration, an officer or the Immigration and Refugee Board need to be members of the Canadian Society of Immigration Consultants, a lawyer who is a member of a provincial or territorial bar, or the Chambre des notaires du Québec.

“CSIC and its members are very sympathetic to the victims of the Haitian earthquake. The Society’s mandate is to protect the public. We are cautioning the public to exercise due diligence when making the decision to use an immigration representative,” said John Ryan CSIC Chair and Acting CEO. “If you are paying for immigration advice, representation or consultation, only authorized representatives have the ability to appear before the Government of Canada on your behalf.”

CSIC members are equipped with the latest information on immigration law, procedures and practices. They hold errors and omissions insurance and are held accountable to high professional standards.

Find out more about immigration consultants/representatives:www.cic.gc.ca/english/information/representative/index.asp

VANCOUVER, B.C. — Before Daniel Igali famously earned Canada wrestling glory by winning its first Olympic gold in the sport, he was a young Nigerian athlete grappling for a superior position in life.

After competing at the 1994 Commonwealth Games in Victoria, B.C., the 20-year-old made a bold move. He skipped his team’s flight back to his politically unstable homeland and asked Canada for asylum.

Had it not been for an international sporting event, Igali might never have been handed a ticket to more prosperous soil. But once here, he gained the right to Canadian protection as a Convention Refugee.

When the world heads to Vancouver next month for the 2010 Winter Olympics, thousands of athletes, coaches, officials, sponsors, workers, journalists and their delegations will enter Canada under unique circumstances. Some might want to claim the Maple Leaf as their own.

“Athletes, team members, people involved with the Games might not have otherwise gained a visa to enter Canada but for the Games,” said Audrey Macklin, who teaches immigration and refugee law at the University of Toronto.

Under the Olympic Charter, people designated as Olympic Family Members needn’t show the usual visa to travel here. Instead, they’ll be admitted under a special application process handled by the Vancouver Olympic Committee, which will submit those names to Citizenship and Immigration Canada. There is also a special process of entry for accredited workers.

While some consider Canada’s immigration policy to be liberal, government officials routinely deny access to people from nations known for persecution in order to avoid taking them in as refugee claimants, Macklin said.

“In the case of the Olympics, of course, there is some pressure on Canada not to do that because the Olympic Games are supposed to be a symbol of international harmony and co-operation,” she said.

While defections by athletes from the Eastern Bloc were common during the Cold War, refugee claims continue to be made even now during international events hosted by Canada.

During the 1988 Calgary Winter Olympics, at least one person, rumoured in media reports from the time to be a Romanian coach, applied for status.

Thirteen athletes, including Igali, asked to stay during the Victoria Commonwealth Games in 1994. Six Cubans raised the ire of their government when they made claims during the 1999 Pan Am Games in Winnipeg.

During the Ottawa-Hull-hosted Francophone Games in the summer of 2001, at least 106 participants from 17 countries made bids for refugee status.

And despite rigorous visa screening for World Youth Day in the summer of 2002 in Toronto, a handful of people made claims. Some 150 delegates to the International AIDS Conference in Toronto did so in 2006.

Despite these numbers, immigration experts and advocates aren’t predicting a major surge in claims connected with the Vancouver Games. In fact, they say in contrast to Summer Olympics, the risks are fairly low.

“People who practice winter sports are usually from the northern hemisphere (nations), they’re very low for potential refugee claimants,” said Patrice Brunet, a Montreal-based specialist in immigration law.

But Brunet didn’t rule out the notion that some claims would be made.

Richard Kurland, a Vancouver immigration-policy analyst, doesn’t discount the likelihood that some visitors may try to overstay. Part of the problem, he said, is that Canada has no way of tracking who leaves.

Australia found itself hunting upwards of 108 people who overstayed their visas after the 2000 Summer Olympics in Sydney. Illegals heralded from 61 countries, including 79 members of the Olympic Family and 29 coaches, officials and reporters, according to Australia’s The Daily Telegraph.

Some 30 people eventually filed refugee claims.

Three months after the Games, 11 Olympic and Paralympic team members from the United States were still unaccounted for, along with eight people from the U.K., seven from Spain and six from Germany.

“We have the same problem because Canada has no official exit controls,” said Kurland…

Read the full story at The Canadian Press