On January 24, 2013, the Honourable Jason Kenney, Minister of Citizenship and Immigration Canada, announced a pilot Immigration program, which will likely permanently replace the former Entrepreneur Category of the Business Class, which ceased to accept new Applications as of July 1, 2011.

The new pilot program, “The Start-up Visa Program”, will run for up to five years. According to Citizenship and Immigration Canada, initially, the number of Applications will be limited because of the program’s narrow focus.

The Start-up Visa Program will link immigrant entrepreneurs with experienced Canadian private sector organizations that have expertise in working with start-ups and who can provide essential resources.

Foreign entrepreneurs will require the support of a Canadian angel investor group, venture capital fund or a business incubator before they can apply to the Start-up Visa Program. In addition to that, foreign entrepreneurs will also have to meet certain criteria regarding language proficiency and educational qualifications.

According to the Government, no longer will entrepreneurs be able to limit investment to small, safe enterprises. Instead, they will now be required to invest in “innovative”, “dynamic” ones that “can compete on a global scale”.

The full set of criteria will be published in the spring of 2013. The Program will open for applications on April 1, 2013. As soon as the criteria are published, they will appear on our website.

On July 1, 2012, Citizenship and Immigration Canada placed a temporary pause on accepting new Federal Skilled Worker Applications for Permanent Residence in Canada for processing. On December 19, 2012, Jason Kenney, Canada’s Minister of Citizenship and Immigration Canada, announced that the Government of Canada will start accepting Federal Skilled Worker Applications, again, on May 4, 2013.

Under the new Federal Skilled Worker Program, successful applicants will have to score sixty-seven (67) points or more based on revised eligibility criteria and, depending on which is their stronger language (English or French) they will have to meet a minimum language threshold (Medium Intermediate Proficiency or higher in each of reading/writing/speaking/listening). They will also have to have their foreign educational credentials assessed by a Canadian agency. To qualify, applicants’ foreign educational credentials must match or exceed Canadian standards. As part of our legal services, Abrams & Krochak will assist its clients to have their credentials assessed.

What is unclear, however, is whether Citizenship and Immigration Canada will publish an Occupational Demand List, whereby applicants must have a minimum of one (1) year of full-time experience in any one (1) or more of the occupations on the List in order to qualify.

If you have had your eligibility to immigrate to Canada in the Federal Skilled Worker Class favourably assessed by Abrams & Krochak since August 17, 2012 and wish to retain/engage our services, we strongly recommend that you do so as soon as possible. In previous years, Citizenship and Immigration Canada imposed a quota on the number of Federal Skilled Worker Applications it would accept in a twelve (12) month period AND on the number of Applications it would accept for a particular occupation. It appears as though quotas will be reinstated when the Federal Skilled Worker category reopens on May 4, 2013. Therefore, if you wish to apply for Permanent Residence in Canada as a Federal Skilled Worker with our assistance, it is IMPERATIVE that you retain/engage our services AS QUICKLY AS POSSIBLE. In this way, (i) we can have your educational credentials assessed; (ii) you can undergo formal language testing (both requirements under the Federal Skilled Worker Class); and (iii) we can have your Application package prepared and ready for filing by May 4, 2013. Otherwise, the quota(s) for your particular occupation and/or for ALL Federal Skilled Worker Applications may be reached by the time you are ready to file, thereby rendering you ineligible to immigrate to Canada as a Federal Skilled Worker.

Assuming you become Abrams & Krochak’s client, once Citizenship and Immigration Canada provides further details regarding the processing of new Federal Skilled Worker Applications and if it publishes an Occupational Demand List and your occupation(s) do(es) not appear on the List OR if your educational/professional credentials are not favourably assessed by the new Canadian foreign credentials assessment agency, Abrams & Krochak will work with you to explore other options to make your proposed Canadian Immigration plans a success (i.e. Arranged Employment/Provincial Nominee Programs/Temporary Visas (i.e. Work Permits/Study Permits), etc.). Nevertheless, if you ultimately decide to discontinue the process, the terms and conditions of our 100% Money-Back Guarantee (page 4, paragraph 4) will govern the amount of the refund of legal fees to which you are entitled (if any).

If you have had your eligibility to immigrate to Canada in the Federal Skilled Worker Class favourably assessed by Abrams & Krochak and you have any questions, regarding the new Federal Skilled Worker Program, please send an e-mail to askus@akcanada.com.

If you have not yet had your eligibility to immigrate to Canada in the Federal Skilled Worker Class assessed by Abrams & Krochak, but wish to do so, please visit http://www.abramsandkrochak.com/skilled-worker.

On Monday, December 10, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced the January 2, 2013 launch of a new Federal Skilled Trades Program (FSTP).

In order to qualify under the FSTP, applicants will need to:

1. have an offer of employment in Canada or a certificate of qualification from a province or territory to ensure that applicants are “job ready” upon arrival;

2. meet a basic language requirement;

3. have a minimum of two years of work experience as a skilled tradesperson, to ensure that the applicant has recent and relevant practice as a qualified journeyman; and

4. have the skills and experience that match those set out in the National Occupational Classification (NOC B) system, showing that they have performed the essential duties of the occupation.

In order to manage intake, avoid backlogs and ensure fast processing times, Citizenship and Immigration Canada (CIC) will accept up to a maximum of 3,000 applications in the first year of the FSTP.

Eligible occupations will include electricians, welders, heavy-duty equipment mechanics, and pipefitters, among others. CIC is currently working with the provinces, territories and federal government partners on the list of skilled trades’ occupations that are experiencing acute labour shortages and which will qualify under the program. This list will be announced prior to the program opening on January 2, 2013.

More details, regarding the FSTP, will be published on Abrams & Krochak’s website, once the information becomes available from CIC.

On Friday, August 17, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced proposed regulatory changes to the Federal Skilled Worker Class and Canadian Experience Class as well as the creation of the Federal Skilled Trades Class. All of these changes will take effect on January 1, 2013.

FEDERAL SKILLED WORKER CLASS

Among the changes announced by the Minister are:

• Increasing the importance of language by establishing new minimum official language thresholds and increasing the points awarded for “Language” from 24 to 28 points;

• Increasing the emphasis on younger immigrants by increasing the points awarded for “Age” from 10-12 points and awarding maximum points to applicants between the ages of 18-35;

• Increasing the points awarded for Canadian work experience and reducing the points awarded for foreign work experience from 21 to 15 points;

• Simplifying the arranged employment process; and

• Awarding points for spousal language ability and Canadian experience.

Another change announced by the Minister is the creation of the “Educational Credential Assessment”. As of January 2013, all Federal Skilled Worker Class applicants will have to have their education abroad assessed against Canadian education standards by designated organizations chosen by Citizenship and Immigration Canada (CIC). CIC will then award points according to how an applicant’s foreign educational credential compares to a completed educational credential in Canada.

FEDERAL SKILLED TRADES CLASS

Also announced by the Minister was the creation of the Federal Skilled Trades Class to facilitate the immigration of certain skilled tradespersons in Canada, in response to labour market needs. The Class would be open to skilled tradespersons with experience in the following occupational areas: Industrial, Electrical and Construction Trades; Maintenance and Equipment Operation Trades; Supervisors and Technical Occupations in Natural Resources, Agriculture and Related Production; Processing, Manufacturing and Utilities Supervisors and Central Control Operators; as well as Chefs and Cooks, and Bakers and Butchers.

Applicants to the proposed program would be required to meet four (4) minimum requirements:

1. A qualifying offer of employment from up to two (2) employers in Canada of at least one (1) year duration or a Certificate of Qualification from a provincial or territorial Apprenticeship Authority;

2. Language proficiency, as evidenced by a test from a designated language testing organization that demonstrates the applicant’s abilities in the requisite skill areas meet the threshold set by the Minister in all four (4) language abilities (speaking, reading, writing, oral comprehension);

3. Twenty-four (24) months of work experience (after qualification/certification in the country where the work was performed, where applicable) in the same skilled trade in the last five (5) years; and

4. Qualifications that satisfy employment requirements as described by the National Occupational Classification, except for certification and licensing requirements, which are difficult to obtain outside Canada.

CANADIAN EXPERIENCE CLASS

The Minister announced that the Canadian work experience requirement will be reduced from twenty-four (24) months to twelve (12) in the preceding thirty-six (36) months. Only applicants with managerial/professional/technical/skilled trade work experience would continue to qualify for the Canadian Experience Class (CEC).

Furthermore, just as will be the case with the Federal Skilled Worker Class, a minimum language threshold will be required in each of the four (4) abilities for applicants to the CEC. Initially, it is anticipated that the threshold would be set at “moderate intermediate proficiency” in speaking, oral comprehension, reading and writing for applicants with managerial/professional/technical work experience and “low intermediate” proficiency in each ability for applicants with skilled trade work experience.

WHAT DOES THIS MEAN?

If you are an existing Federal Skilled Worker Class client of Abrams & Krochak who has not yet applied for Permanent Residence, your qualifications will be subject to the revised points grid/selection criteria and you will have to have your foreign educational credentials assessed. Likewise, if you are a skilled tradesperson, you might qualify in the new Federal Skilled Trades Class. If you have questions regarding the status of your Application, please send us an e-mail to info@akcanada.com.

If you are not yet a client of Abrams & Krochak but wish to become one and have not yet had your eligibility to apply for Permanent Residence in Canada in the Federal Skilled Worker Class assessed by the firm, please visit http://www.abramsandkrochak.com/skilled-worker for your free eligibility assessment. If you have already received a favourable Federal Skilled Worker Class eligibility assessment from the firm, please send an e-mail to askus@akcanada.com and Abrams & Krochak will be more than happy to reassess your eligibility and, if favourable, represent you on the understanding that your Application for Permanent Residence cannot be filed until January 2013 at the earliest, and on the assumption that your eligibility to immigrate is not adversely affected by the possible publication of an Occupational Demand List and your occupation(s) do(es) not appear on the List. In the event that your eligibility to immigrate IS adversely affected, Abrams & Krochak will work with you to explore other options to make your proposed Canadian Immigration plans a success (i.e. Arranged Employment/Provincial Nominee Programs/ Temporary Visas (i.e. Work Permits/Study Permits), etc.).

With all of the changes taking place with respect to Canada’s Immigration system and all of the uncertainty that these changes have caused, one thing is certain: Now more than ever it is wise to have legal representation to help you understand and navigate the complex Canadian Immigration Application process.