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Canadian Immigration News Update

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

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Abrams & Krochak Professional Corporation (“Abrams & Krochak”) recognizes the importance of privacy and the sensitivity of personal information. As lawyers we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship. We are committed to protecting any personal information we hold. This Privacy Policy outlines how we manage your personal information and safeguard your privacy.
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Abrams & Krochak takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
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Can I be Denied Access to My Personal Information? Your rights to access your personal information are not absolute.
We may deny access when:
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  • when granting you access would have an unreasonable impact on other people’s privacy;
  • when to do so would prejudice negotiations with you;
  • to protect our firm’s rights and property;
  • where the request is frivolous or vexatious.

If we deny your request for access to, or refuse a request to correct information, we shall explain why.
Can I Request Anonymity? Whenever it is legal and practical, we may elect to deal with general inquiries on an anonymous basis (for example, by accessing general information on our website).
How Long Do You Keep My Personal Information? We keep your personal information as long as is reasonably necessary for us to complete our dealings with you, or as may be required by law, whichever is longer.
Web Site Our website contains links to other sites, which are not governed by the privacy policy.
We may also collect personal information on our website (www.akcanada.com). We only collect the information you provide to us voluntarily by sending us an e-mail message, completing forms or using the links contained on the website. Abrams & Krochak collects and uses your name, address, telephone number, email address and other information you submit on or through the website for the purposes for which you provided the personal information, to respond to your inquiries and to provide you with updates and information that we think may be of interest to you. In providing Abrams & Krochak with any personal information on or through this website, you consent to the collection and use of that information for these stated purposes. We currently do not use cookies on this website. “Cookies” are small text files that recognize repeat visitors and track their visits to a website.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
Communicating with Us You should be aware that email is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
Changes to this Privacy Policy Since Abrams & Krochak regularly reviews all of its policies and procedures, we may change our Privacy Policy from time to time. Please review our website for updates.
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