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.

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