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Express Entry to Launch on January 1, 2015

EXPRESS ENTRY

Citizenship and Immigration Canada has implemented a new method of processing candidates for Immigration to Canada in the Federal Skilled Worker Class, the Federal Skilled Trades Class, the Canadian Experience Class and a portion of the Provincial Nominee Program called “Express Entry”, which will take effect on January 1, 2015. The Express Entry system involves two (2) steps:

Step 1 – Completion of Online Express Entry Profile

Candidates will complete an Online Express Entry profile. This is a secure form that gathers information about their:

  • skills,
  • work experience,
  • language ability,
  • education, and
  • other details that will help Citizenship and Immigration Canada assess their eligibility.

Those who meet Citizenship and Immigration Canada’s criteria will be accepted into a pool of candidates.

Anyone who does not already have a job offer supported by a Labour Market Impact Assessment (LMIA) (if needed) or a nomination from a province or territory, must register with Employment and Social Development Canada’s (ESDC) Job Bank. Job Bank will eventually help connect Express Entry candidates with eligible employers in Canada.

Candidates are also encouraged to promote themselves to employers in other ways, such as using job boards, recruiters etc.

In most cases when there is a job being offered to a candidate, employers will need an LMIA from ESDC. The LMIA process ensures employers have made an effort to hire Canadians for available jobs. There will be no LMIA government fee for Permanent Resident Applications.

Step 2 – Highest Ranking Candidates in the Pool Will Be Invited to Apply for Permanent Residence

Candidates will be ranked against others in the pool using a point-based system called the Comprehensive Ranking System (CRS). The CRS will assess the profile information candidates submit, including:

  • skills,
  • work experience,
  • language ability,
  • education and other factors.

A candidate can get additional points for:

  • a job offer supported by an LMIA, or
  • a nomination by a province or territory

Citizenship and Immigration Canada will choose candidates from the pool through regular “draws”, choosing a pre-determined number of candidates with the highest scores from the pool and inviting them to apply for Permanent Residence in Canada.

Draws will be made from the Express Entry pool on a regular basis. Every draw will have a set of instructions the electronic system will use to draw candidates from the pool. These instructions will be posted on the Citizenship and Immigration Canada website before each draw.

These instructions will include:

  • the date of the next draw,
  • the number of candidates that will get an Invitation To Apply, and
  • if it applies, which specific Immigration program(s) will be included in the draw.

If the instructions do not specify which Immigration program the candidates must be eligible for, the draw will be based on the CRS score.

If someone is invited to apply, they will have sixty (60) days to submit an online Application for Permanent Residence.

Citizenship and Immigration Canada will process the majority of complete Applications (meaning those with all the necessary supporting documents) in six (6) months or less.

Candidates can stay in the pool for up to twelve (12) months. If they do not get an Invitation to Apply for Permanent Residence within twelve (12) months of submitting an Express Entry profile, they may submit a new profile. If they still meet the criteria, they can re-enter the pool. This will prevent backlogs and ensure quick processing times.

HOW ABRAMS & KROCHAK CAN HELP YOU – OUR SERVICES

To have your eligibility to immigrate to Canada under the Express Entry system assessed by Abrams & Krochak, please visit http://www.akcanada.com/assessment1.cfm.  You will receive your assessment within one (1) business day.

If you become a client of Abrams & Krochak, the law firm can help you at both Step 1 and Step 2 of the Application process.

Step 1 – Requirements to Complete Online Express Entry Profile and Abrams & Krochak’s Assistance

(i) You must undergo formal language testing by a language testing agency designated by Citizenship and Immigration Canada and achieve minimum scores mandated by Citizenship and Immigration Canada.

Abrams & Krochak will provide you with detailed information regarding which agencies are authorized to test your language abilities; where their offices are located; what fees are involved; which test dates are available; what scores are required; and where to send the test results.

(ii) You must have your educational credentials assessed against Canadian standards by an agency designated by Citizenship and Immigration Canada.

Abrams & Krochak will provide you with detailed information regarding which agencies are authorized to assess your educational credentials; where their offices are located; what supporting documentation is required; what fees are involved; and where to send the assessment results.

(iii) You must ensure that your work experience is in accordance with Canada’s National Occupational Classification system, Skill Types 0, A or B.

Abrams & Krochak will review your employment history and work with you to ensure that your stated work experience is in accordance with Canada’s National Occupational Classification system, Skill Types 0, A or B. Abrams & Krochak will do so by providing you with Citizenship and Immigration Canada’s job definition for your stated occupation(s) and reviewing the associated job duties and responsibilities with you to ensure that they apply to you.

(iv) You must ensure that the information you provide in your Online Express Entry Profile is accurate.

Abrams & Krochak will review your supporting documentation, pertaining to such things as your education and work experience, and cross-reference the information in your documents to the information that you provide in your Online Express Entry Profile to ensure that the information provided to Citizenship and Immigration Canada in the Online Express Entry Profile is accurate.

THIS SERVICE IS EXTEREMELY IMPORTANT! IF CANDIDATES MISREPRESENT THEIR QUALIFICATIONS TO CITIZENSHIP AND IMMIGRATION CANADA (WHETHER DELIBERATELY OR INADVERTENTLY), THEY RUN THE RISK OF BEING FOUND INADMISSIBLE FOR MISREPRESENTATION AND BARRED FOR FIVE (5) YEARS FROM APPLYING FOR PERMANENT RESIDENCE.

Step 2 – Invitation to Apply for Permanent Residence and Abrams & Krochak’s Assistance

If you receive an Invitation to Apply for Permanent Residence, Abrams & Krochak will assist you, further, by providing you with the following additional services:

  • Preparation and computer generation of any Application forms required for electronic transmission to you for your review and approval prior to our submission of them to Citizenship and Immigration Canada officials;
  • Organization, review and analysis of your documentation to be filed with Citizenship and Immigration Canada officials in support of your Application for Permanent Residence in Canada;
  • Drafting of detailed written, legal arguments for electronic transmission to you for your review and approval prior to our submission of them to Citizenship and Immigration Canada officials in support of your Application for Permanent Residence in Canada (where necessary);
  • Provision of Citizenship and Immigration Canada’s definition(s) of your stated occupation(s) to assist you with the procurement of letters of reference in support of your Application for Permanent Residence in Canada as required by Citizenship and Immigration Canada officials;
  • Review and critique of your draft letters of reference;
  • Regular monitoring of the status of your file and follow up, when necessary, with Citizenship and Immigration Canada officials regarding the status of your Application for Permanent Residence in Canada;
  • Regular monitoring of the status of your file and follow up, when necessary, with other concerned departments of the Government of Canada (i.e. Immigration Health Services/Case Management Branch-Immigration Headquarters) regarding the status of your Application for Permanent Residence in Canada;
  • Assistance and advice in preparation for your interview with visa officials (should an interview be necessary) by providing you with sample interview questions for your responses and Abrams & Krochak’s subsequent review and analysis;
  • Assistance to procure employment in Canada;
  • Assistance to find accommodation and schooling for your children (if applicable) upon your arrival in Canada; and
  • Assistance with applying for health care and social insurance upon your arrival in Canada.

We invite all clients to meet with us, personally, at our offices in Toronto after their arrival in Canada so as to enable us to help ensure that their move to this country is problem-free.

If you are not nominated to apply for Permanent Residence in Canada under the Express Entry system OR if your educational/professional credentials are not favourably assessed by the 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.).

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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.
Abrams & Krochak is responsible for the personal information we collect, use, maintain and disclose. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.
What is “Personal Information?” Personal information is any information that identifies you, or by which your identity could be deduced. It does not include the name or business address or telephone number of an employee of an organization.
Why Do We Collect Personal Information from You?
We collect personal information from our clients to:
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  • bill you for legal services rendered;
  • provide information to you about developments in the law; and
  • advise you of upcoming firm events.

How Do We Collect Your Personal Information? We collect information only by lawful and fair means and not indiscriminately. We may collect personal information directly from you at the start of a retainer and in the course of our representation of you.
Consent Consent for the collection, use and/or disclosure of personal information may be obtained orally or in writing and may be expressly given or implied. In determining how we obtain your consent, we will take into account the sensitivity of the personal information about you that we are collecting, using and/or disclosing.
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Abrams & Krochak does not disclose your personal information to any third party to enable them to market their products and services.
Disclosure of Your Personal Information
Under certain circumstances, Abrams & Krochak may disclose your personal information:
  • when we are required or authorized by law to do so, for example if a court issues a subpoena;
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  • when the legal services we are providing to you require us to give your information to a third party (for example, to Citizenship and Immigration Canada, Health Canada, Employment and Social Development Canada) your consent will be implied, unless you tell us otherwise;
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  • if we engage a third party to provide administrative services to us (like computer back-up services or archival file storage) and the third party is bound by our privacy policy; or
  • if the information is already publicly known.
Updating Your Information
Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date.
If, during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes.
Is My Personal Information Secure?
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:
  • premises security;
  • restricted access to personal information stored electronically;
  • deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access;
  • internal password and security policies;
  • obligation of each lawyer to maintain client confidentiality under the Rules of Professional Conduct of the Law Society of Upper Canada;
  • all employees and third parties that have access to personal information collected by Abrams & Krochak will be required to sign a confidentiality agreement that is in keeping with this Policy.

Access to Your Personal Information You may ask for access to any personal information we hold about you. Summary information is available on request. More detailed requests that require archival or other retrieval costs may be subject to our normal professional and disbursement fees.
Correcting Errors If Abrams & Krochak holds information about you and if you can establish that it is not accurate, complete and up-to-date, Abrams & Krochak will take reasonable steps to correct it.
Can I be Denied Access to My Personal Information? Your rights to access your personal information are not absolute.
We may deny access when:
  • denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by one of our clients);
  • information relates to existing or anticipated legal proceedings against you;
  • 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.
Request for Access If you have any questions, or wish to access your personal information, please write to our Privacy Officer.
Inquiries / Complaints If you have any questions or concerns about how your personal information has, is or will be handled by Abrams & Krochak or if you would like to register a complaint, please contact our Privacy Officer.
Deletion Request If you wish to have your personal information removed, please provide your details on our request form.
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