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Major Immigration Rule Changes Announced-June 24, 2011

On Friday, June 24, 2011, Citizenship and Immigration Canada made a major announcement, concerning the Federal Skilled Worker Class and both the Investor and Entrepreneur Categories of the Business Class.

A. FEDERAL SKILLED WORKER CLASS

1. Changes

a. The current General Occupations (Demand) List of twenty-nine (29) occupations will remain the same for the period of July 1, 2011 to June 30, 2012; however, quotas WILL change. To be eligible to apply for Permanent Residence in Canada in the Federal 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)

1122 Professional Occupations in Business Services to Management

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 ten thousand (10,000) Federal Skilled Worker applications will be considered for processing between July 1, 2011 and 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) will be considered for processing between July 1, 2011 and June 30, 2012.

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 and accepted for processing by Citizenship and Immigration Canada BEFORE July 1, 2011, the new quotas do NOT apply to you.

(ii) Application not yet filed

If you are already a client of Abrams & Krochak and either (i) your Application for Permanent Residence in Canada was NOT filed with Citizenship and Immigration Canada BEFORE July 1, 2011 because the quota for your particular occupation was filled OR (ii) your Application for Permanent Residence in Canada was NOT filed with Citizenship and Immigration Canada BEFORE July 1, 2011 and is still being processed by our office, the new quotas for July 1, 2011 to June 30, 2012 DO apply to you. If you ARE still interested and 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 Federal Skilled Worker Class is/are reached for the period of July 1, 2011 to June 30, 2012. 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 Federal Skilled Worker Class already favourably assessed by Abrams & Krochak since June 26, 2010 and wish to have your eligibility reassessed, 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 Federal Skilled Worker Class already favourably reassessed by Abrams & Krochak OR you are certain that you meet the 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 Federal 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 or that selection criteria will have changed, 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.abramsandkrochak.com. You will receive your assessment within one (1) business day.

 

B. INVESTOR CATEGORY OF THE BUSINESS CLASS

1. Changes

The Government of Canada will only accept seven hundred (700) Investor Applications for Permanent Residence in Canada from July 1, 2011 to June 30, 2012.

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 and accepted for processing by Citizenship and Immigration Canada BEFORE July 1, 2011, the new quota does NOT apply to you.

(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 July 1, 2011 and is still being processed by our office, the new quota for July 1, 2011 to June 30, 2012 DOES apply to you. If you ARE still interested and eligible to apply, you should move to have your Application filed AS QUICKLY AS POSSIBLE before the quota for the Investor Category is reached for the period of July 1, 2011 to June 30, 2012. 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, 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 the Investor Category reached. Otherwise, you may have to wait until July 1, 2012; however, should you do so, there is no guarantee that selection criteria will remain the same and that you will still qualify as an Investor. 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 visit our website and complete our Free Online Assessment Questionnaire at http://www.abramsandkrochak.com. You will receive your assessment within one (1) business day.


C. ENTREPRENEUR CATEGORY OF THE BUSINESS CLASS

1. Changes

The Government of Canada is currently reviewing the Entrepreneur Category and has imposed a moratorium on new Applications. As a result, Citizenship and Immigration Canada will temporarily stop accepting new Applications until the review is finalized (the date of which is currently unknown).

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 and accepted for processing by Citizenship and Immigration Canada BEFORE July 1, 2011, the moratorium does NOT apply to you.

(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 July 1, 2011 and is still being processed by our office, you have one (1) of two (2) options:

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

OR

2. You can consider migrating to Canada NOW in another category of the Business Class (i.e. Investor or Self-Employed), assuming you meet the selection criteria OR as a Skilled Worker. 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 Entrepreneur Category of the Business Class favourably assessed by Abrams & Krochak, you have one (1) of three (3) options:

1. If you wish to formally retain/engage our services, 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. Should you follow this route, please be aware that if new selection criteria are enacted and you do not meet them OR the Entrepreneur Category is eliminated altogether, your initial payment of legal fees to Abrams & Krochak will NOT be refunded to you;

OR

2. You can contact our office, again, at a later date, to ascertain whether the moratorium on new Applications has been lifted and, if so, we will reassess your eligibility to immigrate to Canada in the Entrepreneur Category of the Business Class in accordance with the selection criteria in existence at that time;

OR

3. You can consider applying in another category of the Business Class (i.e. Investor or Self-Employed), assuming you meet the selection criteria. Please send an e-mail to askus@akcanada.com with your request for a reassessment in either of these categories. You will receive your reassessment within one (1) business day. You might also consider applying as a Skilled Worker. Should you wish to be assessed by Abrams & Krochak as a Skilled Worker, we invite you to visit our website and complete our Free Online Assessment Questionnaire at http://www.abramsandkrochak.com. You will receive your assessment within one (1) business day.

We realize that these changes are major. Regardless of how you wish to proceed, rest assured that Abrams & Krochak remains ready, willing and able to assist you with all of your Canadian Immigration needs and we will do everything in our power to ensure that your Application for Permanent Residence in Canada is processed in a timely and efficient manner to help you realize your proposed Canadian Immigration plans.

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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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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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Under certain circumstances, Abrams & Krochak may disclose your personal information:
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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.
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