AKCanada

We are writing for three (3) reasons: firstly, to wish you and your loved ones a very Happy New Year; (ii) secondly, to thank you for your patronage in the past; and (iii) lastly, and most importantly, to provide you with valuable information, regarding Citizenship and Immigration Canada’s new Express Entry system, which could prove beneficial to you.


I. YOUR APPLICATION UNDER THE OLD SYSTEM

As you are aware, Abrams & Krochak filed your Federal Skilled Worker Application for Permanent Residence with Citizenship and Immigration Canada (CIC) officials BEFORE January 1, 2015. For so long as you have been/are issued a file number by CIC for that Application, your Application will be processed under the OLD system.


II. A POSSIBLE NEW APPLICATION UNDER EXPRESS ENTRY

Even though you have already applied for Permanent Residence in Canada under the OLD system, CIC gives you the option of availing yourself of the new Express Entry system, too, and creating an Express Entry Online Profile, not only for yourself, but also for your spouse/partner (if applicable), if he/she is qualified to be a Federal Skilled Worker principal applicant. In doing so, you are increasing your chances of success, so to speak, because even though you already have an Application in process under the OLD system, CIC might select you OR your spouse/partner from the pool of Express Entry candidates and invite you/him/her to submit another Application for Permanent Residence in Canada. If you/he/she are/is invited to apply, CIC promises processing times of SIX (6) MONTHS OR LESS.

III. COSTS INVOLVED

Legal Fees

If you would like Abrams & Krochak to assist you to create an Express Entry Online Profile, we would charge you an additional payment of 495 CAD per profile (i.e. if you only want an Express Entry Online Profile for yourself, we would charge you 495 CAD; if you want an Express Entry Online Profile for both you AND your spouse/partner, we would charge you 990 CAD (495 CAD x 2). There would be no additional legal fees, other than whatever legal fees are outstanding as per your signed Agreement with Abrams & Krochak. That is to say, if you have already made two (2) payments of legal fees to Abrams & Krochak under your Agreement and you or your spouse/partner are/is invited to apply for Permanent Residence in Canada under Express Entry, you would proceed to make your third payment of legal fees and so on. Likewise, if you have already made three (3) payments of legal fees to Abrams & Krochak under your Agreement and you or your spouse/partner are/is invited to apply for Permanent Residence in Canada under Express Entry, you would proceed to make your final payment of legal fees.

Government Fees

CIC does not charge you to create an Express Entry Online Profile. If you decide to create an Express Entry Online Profile and you are invited by CIC to apply for Permanent Residence in Canada, however, new Government of Canada processing fees and Right of Permanent Residence fees would apply (in addition to those already remitted with your previous Application under the OLD system).

IV. HOW DOES EXPRESS ENTRY WORK

The Express Entry system involves two (2) steps:

Step 1 – Completion of Online Express Entry Profile

Abrams & Krochak will complete an Online Express Entry profile on behalf of interested clients. This is a secure form that gathers information about their:

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

Those who meet CIC’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

CIC 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 CIC 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.

CIC 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.

V. HOW TO PROCEED

If you are interested in creating an Express Entry Online Profile with Abrams & Krochak assistance or, if you have any question regarding this e-mail or Express Entry, in general, please send an e-mail to info@akcanada.com and we will respond to you with further instructions/information.

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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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