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MAJOR CANADIAN IMMIGRATION RULE CHANGES

MAJOR CANADIAN IMMIGRATION RULE CHANGES

Major Canadian Immigration Rule Changes
Major Canadian Immigration Rule Changes

MAJOR CANADIAN IMMIGRATION RULE CHANGES

On Saturday, June 26, 2010, Citizenship and Immigration Canada announced major changes to the Independent/Skilled Worker Class and to the Investor Category of the Business Class with no advance notice.

A.            INDEPENDENT/SKILLED WORKER CLASS

1.            Changes

a.            As of June 26, 2010, to be eligible to apply for Permanent Residence in Canada in the Independent/Skilled Worker Class, an applicant must:

  • include the results of his/her official language proficiency test, AND
  • have a valid offer of arranged employment, OR
  • have one (1) year of continuous full-time paid work experience or two (2) years of continuous half-time paid work experience in at least one (1) of the following twenty-nine (29) occupations:

0631 Restaurant and Food Service Managers
0811 Primary Production Managers (Except Agriculture) – click on link for job description
1122 Professional Occupations in Business Services to Management – click on link for job description
1233 Insurance Adjusters and Claims Examiners
2121 Biologists and Related Scientists
2151 Architects
3111 Specialist Physicians
3112 General Practitioners and Family Physicians
3113 Dentists
3131 Pharmacists
3142 Physiotherapists
3152 Registered Nurses
3215 Medical Radiation Technologists
3222 Dental Hygienists & Dental Therapists
3233 Licensed Practical Nurses
4151 Psychologists
4152 Social Workers
6241 Chefs
6242 Cooks
7215 Contractors and Supervisors, Carpentry Trades
7216 Contractors and Supervisors, Mechanic Trades
7241 Electricians (Except Industrial & Power System)
7242 Industrial Electricians
7251 Plumbers
7265 Welders & Related Machine Operators
7312 Heavy-Duty Equipment Mechanics
7371 Crane Operators
7372 Drillers & Blasters – Surface Mining, Quarrying & Construction
8222 Supervisors, Oil and Gas Drilling and Service

b.            A maximum of twenty thousand (20,000) Federal Skilled Worker applications will be considered for processing until July of next year. Within the twenty thousand (20,000) cap, a maximum of one thousand (1,000) 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) will be considered for processing until July of next year.

2.            What does this mean?

a.            Existing Clients of Abrams & Krochak

(i)            Application already filed

If you are already a client of Abrams & Krochak and your Application for Permanent Residence in Canada was filed with Citizenship and Immigration Canada BEFORE June 26, 2010, the changes to the eligibility requirements for the Independent/Skilled Worker Class do NOT apply to you.  Your Application will be processed in accordance with the eligibility requirements and General Occupations (Demand) List that existed from November 28, 2008 to June 25, 2010.

(ii)            Application not yet filed

If you are already a client of Abrams & Krochak and your Application for Permanent Residence in Canada was NOT filed with Citizenship and Immigration Canada BEFORE June 26, 2010, the changes to the eligibility requirements for the Independent/Skilled Worker Class DO apply to you.  Your Application will be processed in accordance with the new eligibility requirements and General Occupations (Demand) List that exist as of June 26, 2010.  Your eligibility MIGHT be affected.  If you ARE still eligible to apply, you should move to have your Application filed AS QUICKLY AS POSSIBLE before the quota for your particular occupation and/or the quota for the Independent/Skilled Worker Class is/are reached for the period of June 2010 to June 2011.  Please send an e-mail to info@akcanada.com to ascertain your eligibility status and/or the current status of your Application.

b.            Non-Clients of Abrams & Krochak

(i)            Eligibility already assessed

If you had your eligibility to immigrate to Canada in the Independent/Skilled Worker Class already favourably assessed by Abrams & Krochak and wish to have your eligibility re-assessed in accordance with the new eligibility requirements, please send an e-mail to askus@akcanada.com with your request.  You will receive your reassessment within one (1) business day.

If you had your eligibility to immigrate to Canada in the Independent/Skilled Worker Class already favourably reassessed by Abrams & Krochak OR you are certain that you meet the new eligibility requirements and you wish to apply for Permanent Residence in Canada as a Skilled Worker with our assistance, it is IMPERATIVE that you retain/engage our services AS QUICKLY AS POSSIBLE so that we can file your Application for Permanent Residence before the quota for your particular occupation and/or the quota for the Independent/Skilled Worker Class is/are reached.  Otherwise, you may have to wait until next year’s List is announced; however, should you do so, you run the risk that your particular occupation might no longer appear on that List, thereby rendering you ineligible to immigrate to Canada as a Skilled Worker.  If you no longer have instructions on how to retain/engage Abrams & Krochak’s services, please visit http://www.akcanada.com/resources/ind.cfm.

(ii)            Eligibility not yet assessed

If you are interested in immigrating to Canada as a skilled worker but you have not yet had your eligibility to do so assessed by Abrams & Krochak, we invite you to complete our Free Online Assessment Questionnaire at http://www.akcanada.com/assessment.cfm.  You will receive your assessment within one (1) business day.


B.            INVESTOR CATEGORY OF THE BUSINESS CLASS

1.            Changes

The Government of Canada is proposing new eligibility criteria for the Immigrant Investor Program. These proposed regulatory changes would require new investors to have a personal net worth of 1.6 million CAD, up from 800,000 CAD, and make an investment of 800,000 CAD, up from 400,000 CAD.  As a result, Citizenship and Immigration Canada will temporarily stop accepting new Applications until the changes are finalized. Only Applications postmarked or received before June 26, 2010, will be accepted. This will prevent a flood of Applications before the new criteria take effect, which would stretch processing times even further.

2.            What does this mean?

a.            Existing Clients of Abrams & Krochak

(i)            Application already filed

If you are already a client of Abrams & Krochak and your Application for Permanent Residence in Canada was filed with Citizenship and Immigration Canada BEFORE June 26, 2010, any changes to the eligibility requirements for the Investor Category of the Business Class will NOT apply to you.  Your Application will be processed in accordance with the eligibility requirements that existed from November 28, 2008 to June 25, 2010.

(ii)            Application not yet filed

If you are already a client of Abrams & Krochak and your Application for Permanent Residence in Canada was NOT filed with Citizenship and Immigration Canada BEFORE June 26, 2010, any changes to the eligibility requirements for the Investor Category of the Business Class MIGHT apply to you.  Furthermore, you will be unable to file your Application with Citizenship and Immigration Canada until such time as the moratorium on new Investor Applications is lifted.  Current speculation is that the moratorium will not be lifted until the fall of 2010.

In the circumstances, you have one (1) of two (2) options:

1. You can wait until the moratorium is lifted and, if new eligibility requirements are enacted, see whether you meet them and then decide what to do.

OR

2. You can consider migrating to Canada NOW in the Entrepreneur Category of the Business Class, assuming you meet the eligibility criteria (click on the word “Entrepreneur” to learn about the eligibility criteria for this category).

Please send an e-mail to info@akcanada.com to ascertain your eligibility status and/or the current status of your Application.

b.            Non-Clients of Abrams & Krochak

(i)            Eligibility already assessed

If you already had your eligibility to immigrate to Canada in the Investor Category of the Business Class favourably assessed by Abrams & Krochak and wish to apply for Permanent Residence in Canada as an Investor with our assistance, you have one (1) of three (3) options:

1. If you wish to formally retain/engage our services (i.e. because you believe that you will meet the new eligibility criteria should they be enacted), you can do so; however, we would not be able to file your Application until such time as Citizenship and Immigration Canada lifts the moratorium on new Applications.  Current speculation is that this will occur in the fall of 2010.

2. You can contact our office, again, in the fall of 2010 for a reassessment of your eligibility to immigrate to Canada in the Investor Category of the Business Class in accordance with the eligibility criteria in existence at that time.

3. You can consider migrating to Canada NOW in the Entrepreneur Category of the Business Class, assuming you meet the eligibility criteria (click on the word “Entrepreneur” to learn about the eligibility criteria for this category).

If you no longer have instructions on how to retain/engage Abrams & Krochak’s services, please visit http://www.akcanada.com/resources/bus_inv.cfm.

(ii)            Eligibility not yet assessed

If you are interested in immigrating to Canada as an Investor but you have not yet had your eligibility to do so assessed by Abrams & Krochak, we invite you to revisit our website in the fall of 2010 (when there is more certainty as to the eligibility requirements for the Investor Category of the Business Class)  and complete our Free Online Assessment Questionnaire at http://www.akcanada.com/assessment.cfm.  You will receive your assessment within one (1) business day.

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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:
  • provide legal services to you, in accordance with your instructions;
  • 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.
Use of Your Information When we use your personal information to provide legal advice and services to you, including for billing purposes and when we use your personal information to include you in any direct marketing activities, we will assume that you have consented to such use unless you specifically advise otherwise. If you tell us that you no longer wish to receive information about our services, or about new developments in the law, we will not send any further material.
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;
  • when you have consented to the disclosure;
  • 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;
  • where it is necessary to establish or collect fees;
  • 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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