Today, Thursday, June 28, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney made a major announcement in a speech he gave to the C.D. Howe Institute in Calgary, Alberta, Canada.

Prior to today’s announcement, Citizenship and Immigration Canada had indicated that if a new General Occupations (Demand) List for the Federal Skilled Worker Class was not released on July 1, 2012 (as had been promised), the quotas for jobs on the existing General Occupations (Demand) List would reset to zero. Instead of releasing a new List and/or resetting the quotas, Minister Kenney today announced that Citizenship and Immigration Canada will place a temporary pause on new Federal Skilled Worker Applications as well as new Investor Applications and would continue the moratorium on new Entrepreneur Applications.

According to the Minister, the pause will allow Citizenship and Immigration Canada to make what it considers to be important changes to its economic immigration programs before accepting more Applications.

Application intake for the Federal Skilled Worker Class is expected to resume in January 2013, when proposed Federal Skilled Worker Class regulatory changes are expected to come into force. Those changes will be announced in the coming months. The pause does NOT apply to individuals with Arranged Employment or those wishing to apply under the PhD stream of the Federal Skilled Worker Class. Those Applications will continue to be accepted.

As for new Investor and Entrepreneur Applications, a moratorium will remain in place until further notice.

What does this mean?

If you are an existing client of Abrams & Krochak who has not yet applied for Permanent Residence and were expecting to have your Federal Skilled Worker, Investor or Entrepreneur Application filed on or after July 1, 2012, your Application will likely not be filed until January 2013, assuming you meet the new selection criteria that will be set out in regulatory changes. 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 you have received a favourable eligibility assessment from the firm, please send an e-mail to askus@akcanada.com and Abrams & Krochak will be more than happy to 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 regulatory changes. 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.

On March 29, 2012, the Government of Canada announced that it will reduce the backlog of Federal Skilled Worker Applications. To achieve this goal, Citizenship and Immigration Canada will return all Federal Skilled Worker Applications for Permanent Residence filed prior to February 27, 2008, unprocessed, together with applicants’ government fees.

By adopting this strategy, the Government of Canada will reduce the Federal Skilled Worker Class backlog by nearly 300,000 Applications, leaving approximately 160,000 Federal Skilled Worker Applications, filed after February 27, 2008, in the processing queue. According to the Government of Canada, the plan will ultimately allow the government to ensure skilled newcomers actually meet current labour market needs and processing times for the Federal Skilled Worker Class will be reduced dramatically to a maximum of six (6) to twelve (12) months, regardless of the applicant’s country of origin.

While the news is good for those whose Federal Skilled Worker Applications were filed after February 27, 2008, the news is obviously not good for those who filed prior to February 27, 2008 and who have been patiently waiting for years. Notwithstanding this fact, once these applicants are returned their Applications and their government fees, nothing precludes them from reapplying for Permanent Residence in Canada either as Federal Skilled Workers (assuming they meet current eligibility requirements and selection criteria) or in any other Canadian Immigration program (i.e. Provincial Nominee Programs, the Business Class, etc.).

Within the coming weeks, Abrams & Krochak will be contacting all of its clients who filed Federal Skilled Worker Applications for Permanent Residence in Canada prior to February 27, 2008 with further details/instructions as more information becomes available from Citizenship and Immigration Canada. In the interim, those individuals are encouraged to regularly visit our website for any announcements from Citizenship and Immigration Canada that may be of benefit to them should they wish to reapply. Similarly, if they wish to have their eligibility to reapply for Permanent Residence in Canada assessed by Abrams & Krochak, they are encouraged to visit http://www.abramsandkrochak.com.

AKCANADA IMMIGRATION NEWS

2011 is finally at an end. It was a year full of changes and new developments with respect to Canada’s Immigration system. This newsletter is a synopsis of all of those changes/new developments, which will continue to have an impact, well into 2012.

I. PARENTAL/GRANDPARENT SPONSORSHIPS – NEW “SUPER VISA”

Effective November 5, 2011, Citizenship and Immigration Canada was not accepting any new applications to sponsor parents or grandparents for up to twenty-four (24) months. The Department’s rationale for this decision was that the “temporary pause” would allow the Government of Canada to focus on those applicants already awaiting a decision and reduce the backlog in the parents and grandparents category.

As an alternative to sponsorship, the Government of Canada introduced the new “Parent and Grandparent Super Visa,” which will be valid for up to ten (10) years. The multiple-entry visa will allow an applicant to remain in Canada for up to twenty-four (24) months at a time without the need for renewal of their status. The Parent and Grandparent Super Visa came into effect on December 1, 2011, and Citizenship and Immigration Canada will be able to issue the visas, on average, within eight (8) weeks of the application. Parent and Grandparent Super Visa applicants will be required to obtain private Canadian health-care insurance for their stay in Canada.

Before submitting an application for a Super Visa, it is necessary to have a letter of invitation from a Canadian citizen or permanent resident, proof that the Canadian citizen or permanent resident has sufficient income or savings to support the visitor for the duration of the visit, and some evidence of the visitor’s ties to his/her country of citizenship to satisfy the visa officer that the visitor will return home at the end of the visit.

II. INVESTOR CATEGORY QUOTA

For the first time, ever, Citizenship and Immigration Canada imposed a quota on new applications in the Investor Category of the Business Class. Under new rules announced by the Government of Canada on June 24, 2011, a maximum of seven hundred (700) Investor Applications would be considered for processing from July 1, 2011 until June 30, 2012. The quota was quickly met.

If you wish to apply for Permanent Residence in Canada as an Investor with our assistance, it is IMPERATIVE that you retain/engage our services AS QUICKLY AS POSSIBLE so that we can have your entire Application package prepared and ready for filing by July 1, 2012 when the new quota for Investor Applications for the period of July 1, 2012 to June 30, 2013 is announced.

III. ENTREPRENEUR CATEGORY MORATORIUM

Also on June 24, 2011, the Government of Canada announced that it is currently reviewing the Entrepreneur Category of the Business Class and imposed a moratorium on new applications. As a result, Citizenship and Immigration Canada has temporarily stopped accepting new applications until the review is finalized (the date of which is currently unknown).

IV. FEDERAL SKILLED WORKER QUOTA, DEMAND LIST AND POSSIBLE CHANGES TO POINTS SYSTEM

A. Quota

Under new rules announced by the Government of Canada on June 24, 2011, a maximum of ten thousand (10,000) Federal Skilled Worker Applications would be considered for processing from July 1, 2011 until June 30, 2012. Within the ten thousand (10,000) cap, a maximum of five hundred (500) Federal Skilled Worker Applications per eligible occupation (any one (1) of the twenty-nine (29) occupations that appears on Canada’s General Occupations (Demand) List) would be considered for processing from July 1, 2011 until June 30, 2012. The General Occupations (Demand) List for the period of July 1, 2011 to June 30, 2012 remained the same as that for the period of June 26, 2010 to June 30, 2011.

As of January 16, 2012, 6,774 Federal Skilled Worker applications had already been received by the Centralized Intake Office and the quotas for the following occupations had already been filled:

• Restaurant and Food Service Managers
• Professional Occupations in Business Services to Management
• Biologists and Related Scientists
• Specialist Physicians
• General Practitioners and Family Physicians
• Dentists
• Pharmacists
• Registered Nurses

B. Demand List

As of January 16, 2012, the quotas for the following occupations remain unfilled:

• Primary Production Managers (Except Agriculture)
• Insurance Adjusters and Claims Examiners
• Architects
• Physiotherapists
• Medical Radiation Technologists
• Dental Hygienists & Dental Therapists
• Licensed Practical Nurses
• Psychologists
• Social Workers
• Chefs
• Cooks
• Contractors and Supervisors, Carpentry Trades
• Contractors and Supervisors, Mechanic Trades
• Electricians (Except Industrial & Power System)
• Industrial Electricians
• Plumbers
• Welders & Related Machine Operators
• Heavy-Duty Equipment Mechanics
• Crane Operators
• Drillers & Blasters – Surface Mining, Quarrying & Construction
• Supervisors, Oil and Gas Drilling and Service

If you wish to apply for Permanent Residence in Canada as a Federal Skilled Worker in one of the jobs whose quota has not yet been filled, it is imperative that you do so as quickly as possible so that your Application for Permanent Residence is filed before the quota for your particular occupation is reached OR the quota for ALL Federal Skilled Worker Applications is reached. Otherwise, you may have to wait until the new General Occupations (Demand) List is announced on July 1, 2012; however, should you do so, you run the risk that your occupation might no longer appear on that List, thereby rendering you ineligible to immigrate to Canada as a Federal Skilled Worker.

C. Possible Changes to Points System

Citizenship and Immigration Canada is proposing changes to the Federal Skilled Worker program to help Canada select immigrants who have the best chance of integrating and making a better contribution to the Canadian economy.

Citizenship and Immigration Canada is consulting with stakeholders and the public on the proposed changes. The input received through the consultation process will be taken into account in the development of new regulations, which could take effect as early as the late spring/summer of 2012!

What are some of the proposed changes?

• introducing minimum official language thresholds and increasing points for language;
• making changes to the assessment of education points to reflect a foreign educational credential’s value in Canada;
• redistributing points for age to benefit younger immigrants who will be active members of the workforce for a longer timeframe;
• reducing points for foreign work experience and increasing points for Canadian work experience;
• increasing the integrity of and simplifying the process for the Arranged Employment factor; and
• facilitating the immigration of skilled tradespersons through criteria that are more specific to those in the skilled trades.

V. SELF-EMPLOYED CATEGORY AS AN ALTERNATIVE TO FEDERAL SKILLED WORKER CLASS

Although there is a moratorium on new applications from Entrepreneurs, the quota for Investors is full and the quotas for the Federal Skilled Worker Class are quickly filling, one category of Immigration, which remains open and which has no quota is the Self-Employed category.

According to Citizenship and Immigration Canada, a self-employed person means a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada.

Relevant experience means a minimum of two (2) years of experience, during the period beginning five (5) years before the date of application for a permanent resident visa and ending on the day a decision is made on the application in any one of the following occupations:

I. Professional Occupations in Art and Culture

A. Librarians, Archivists, Conservators and Curators

• 5111 Librarians
• 5112 Conservators and Curators
• 5113 Archivists

B. Writing, Translating and Public Relations Professionals

• 5121 Authors and Writers
• 5122 Editors
• 5123 Journalists
• 5124 Professional Occupations in Public Relations and Communications
• 5125 Translators, Terminologists and Interpreters

C. Creative and Performing Artists

• 5131 Producers, Directors, Choreographers and Related Occupations
• 5132 Conductors, Composers and Arrangers
• 5133 Musicians and Singers
• 5134 Dancers
• 5135 Actors and Comedians
• 5136 Painters, Sculptors and Other Visual Artists

II. Technical and Skilled Occupations in Art, Culture, Recreation and Sport

A. Technical Occupations in Libraries, Archives, Museums and Art Galleries

• 5211 Library and Archive Technicians and Assistants
• 5212 Technical Occupations Related to Museums and Art Galleries

B. Photographers, Graphic Arts Technicians and Technical and Co-ordinating Occupations in Motion Pictures, Broadcasting and the Performing Arts

• 5221 Photographers
• 5222 Film and Video Camera Operators
• 5223 Graphic Arts Technicians
• 5224 Broadcast Technicians
• 5225 Audio and Video Recording Technicians
• 5226 Other Technical and Co-ordinating Occupations in Motion Pictures, Broadcasting and the Performing Arts
• 5227 Support Occupations in Motion Pictures, Broadcasting and the Performing Arts

C. Announcers and Other Performers

• 5231 Announcers and Other Broadcasters
• 5232 Other Performers

D. Creative Designers and Craftspersons

• 5241 Graphic Designers and Illustrators
• 5242 Interior Designers
• 5243 Theatre, Fashion, Exhibit and Other Creative Designers
• 5244 Artisans and Craftspersons
• 5245 Patternmakers – Textile, Leather and Fur Products

E. Athletes, Coaches, Referees and Related Occupations

• 5251 Athletes
• 5252 Coaches
• 5253 Sports Officials and Referees
• 5254 Program Leaders and Instructors in Recreation, Sport and Fitness

If you have self-employed work experience in any of these occupations and would like to be considered for admission to Canada as a self-employed business immigrant, please complete our Online Assessment Questionnaire at http://www.abramsandkrochak.com and we will assess your eligibility to do so within one (1) business day.

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We hope you enjoyed this Newsletter. To keep up-to-date on Canadian Immigration news, please read our blog at http://www.akcanada.com

Abrams & Krochak has been helping people tens of thousands of people from around the world immigrate to Canada since 1996. If you need assistance with respect to applying for:

• Permanent Residence (Federal Skilled Worker Class/Business Class/Family Class)
• Citizenship
• Permanent Resident Card Renewal
• Super Visa
• Work Permit
• Study Permit
• Visitor Visa

please send us a message at http://www.akcanada.com/contact.cfm and we will respond to your query within one (1) business day.

If you would like your eligibility to immigrate to Canada as a Federal Skilled Worker, Business Immigrant or Member of the Family Class assessed by Abrams & Krochak OR if you would like your eligibility to sponsor a Member of the Family Class assessed by Abrams & Krochak, please visit:

http://www.abramsandkrochak.com

Best wishes to you and your loved ones for a very Happy New Year!

This blog is directed to the many individuals who contacted the law offices of Abrams & Krochak in 2010 or 2011 to explore the possibility of immigrating to Canada as a skilled worker with Abrams & Krochak’s assistance. If you have not already applied and are still considering migrating to Canada as a skilled worker and had your eligibility to do so favourably assessed by Abrams & Krochak, we STRONGLY suggest that you proceed NOW with your proposed Canadian Immigration plans. Otherwise, you might lose out on your one and only opportunity to create a new life and a bright future for yourself and your loved ones in this country.

Much is happening in Canada, right now, which could negatively affect your eligibility to immigrate:

1. Federal Skilled Worker Quotas

For the period of July 1, 2010 to June 30, 2011, Citizenship and Immigration Canada (CIC) imposed a quota of 20,000 new Federal Skilled Worker Applications with a maximum of 1,000 applicants in each of the 29 jobs that appeared on the General Occupations (Demand) List. For the period of July 1, 2011 to June 30, 2012, CIC kept the same General Occupations (Demand) List of 29 jobs; however, it slashed the quotas in half. CIC imposed a new quota of only 10,000 new Federal Skilled Worker Applications with a maximum of 500 applicants in each of the 29 jobs that appeared on the General Occupations (Demand) List.

Who knows what quotas CIC will impose when it publishes the new General Occupations (Demand) List on July 1, 2012?

As of January 9, 2012, quotas for the July 1, 2011 to June 30, 2012 time period were already filling fast. A total of 6,205 Federal Skilled Worker Applications out of a possible 10,000 had already been received by CIC and the quotas for the following jobs had already been filled:

0631 – Restaurant and Food Service Managers

1122 – Professional Occupations in Business Services to Management

2121 – Biologists and Related Scientists

3131 – Pharmacists

3152 – Registered Nurses

Furthermore, the quotas for the following jobs were very close to being filled:

3111 – Specialist Physicians

3112 – General Practitioners and Family Physicians

3113 – Dentists

2. Federal Skilled Worker Points System

CIC is proposing changes to the Federal Skilled Worker program to help Canada select immigrants who have the best chance of integrating and making a better contribution to the Canadian economy.

CIC is consulting with stakeholders and the public on the proposed changes. The input received through the consultation process will be taken into account in the development of new regulations, which could take effect as early as the late spring/summer of 2012!

What are some of the proposed changes?

introducing minimum official language thresholds and increasing points for language;

making changes to the assessment of education points to reflect a foreign educational credential’s value in Canada;

redistributing points for age to benefit younger immigrants who will be active members of the workforce for a longer timeframe;

reducing points for foreign work experience and increasing points for Canadian work experience;

increasing the integrity of and simplifying the process for the Arranged Employment factor; and

facilitating the immigration of skilled tradespersons through criteria that are more specific to those in the skilled trades.

3. Federal Skilled Worker General Occupations (Demand) List

In late June/early July 2012, CIC will be releasing a new General Occupations (Demand) List for the July 1, 2012 to June 30, 2013 period. There is a misconception on the part of many people that the List will be a repeat of this year’s List. To set the record straight, there is ABSOLUTELY NO GUARANTEE that the new List will remain the same as the old List and that the jobs that appear on the old List will also appear on the new List. If your job is currently in demand and on the List but disappears from the new List, you will lose the opportunity to migrate as a skilled worker unless you have Arranged Employment (which is difficult to obtain).

4. What Does This All Mean?

With so much uncertainty in the air as to what will happen with the Federal Skilled Worker Class (i.e. its quotas, the way points are assessed and which jobs will be in demand), one thing IS certain: NOW is the time to apply if you know you qualify and the quota for your occupation has not yet been filled.

To retain/engage Abrams & Krochak’s services, please follow the instructions that were previously provided to you by our firm.  If you have misplaced or deleted those instructions, please send us a message at http://www.akcanada.com/contact.cfm and we will be pleased to send you those instructions, via e-mail, again.

If you would like your eligibility to immigrate to Canada as a Federal Skilled Worker reassessed by Abrams & Krochak, please visit:

http://www.abramsandkrochak.com

It is a New Year and time for new beginnings. Start a new life for yourself and your loved ones in Canada while you still have the chance!