Canada s Economic Immigration Program: An Overview

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1 Canada s Economic Immigration Program: An Overview Presentation - University of Ottawa Faculty of Law 27 February 2013 and 1 March 2013 Warren L. Creates, B.A., LL. B. Certified Specialist in Immigration Law Perley-Robertson, Hill & McDougall LLP www.

2 Presentation Outline 1.Canadian Immigration Trends 2.Categories of Permanent Residence 3.Economic Immigration 4.A Word on Work Permits 5.Opportunities in Immigration Law

3 Categories of Permanent Residence Reuniting families Family class Protecting refugees Refugee class Contributing to economic development Economic class (our focus)

4 Immigration Trends Permanent Residents by Top Source Countries (09-11)

5 Immigration Trends Canada Permanent residents by category and source area, 2011 (showing percentage distribution)

6 Immigration Trends Canada Permanent residents by category, 1987 to 2011

7 Economic Immigration

8 Economic Immigration: People selected for immigration (i.e. permanent residence) based on their skills and ability to contribute to Canada s economy include: 1. Business Immigrants, 2. Live in Caregivers, 3. Skilled Workers, 4. Temporary foreign workers with Canadian Experience (C.E.C.), and 5. Provincial and Territorial Nominees.

9 2011 Economic Immigration (Principal Applicant) Category # Skilled workers Canadian Experience Class Business immigrants Provincial/territorial nominees Live-in caregivers 36,770 3,973 3,288 15,290 5,032 Economic immigrants (principal applicants) Total 64,356

10 Business Immigration Seeks to attract experienced business people to Canada who will support the development of a strong and prosperous Canadian economy.

11 Business Immigration Program 1. Entrepreneur 291 principal applicants (2010) Category closed as of July Investor 3,223 principal applicants (2010) Category closed as of July 2012 No cap on Quebec program 3. Self-employed 174 principal applicants (2010)

12 Business Immigration Program: Entrepreneur Seeks to attract experienced business persons who will own and actively manage businesses in Canada Entrepreneurs must: have business experience (at least 2 years of experience in the previous 5 years) have a minimum net worth of Cdn $300,000 that was obtained legally, and respect the conditions for entrepreneurs after they arrive in Canada For at least 1 year within the 3 years after arriving: Control 33% of a business Active and ongoing management Create at least 1 full-time job equivalent (other than own family member)

13 Business Immigration Program: Entrepreneur If regulatory definition meant, applicant assessed against selection criteria Points system need 35 out of 100 Business experience Education Age Official languages Adaptability

14 Entrepreneur Program Suspension Effective 1 July 2011, the Federal Government placed a moratorium on new entrepreneur applications No plans to lift the moratorium Jan New Start-Up Visa program to be implemented later this year

15 Start-Up Visa Program (April 2013) Pilot program to run up to 5 years Foreign entrepreneurs will require the support of a Canadian angel investor group, venture capital fund or business incubator to apply Language proficiency and educational requirements

16 Business Immigration Program: Investors Seeks to attract experienced business people of high net worth who will invest a significant amount into Canada s economy. Investors must: Have at least 2 years of business experience within the last 5 years Have a net worth of at least Cdn $1.6 million that was legally obtained (liquidable assets) Make an immediate investment of Cdn $800,000 (repaid after 5 years)

17 Investor Program Suspension Effective 1 July 2012, the Federal Government placed a moratorium (until further notice) on new investor applications

18 Business Immigration Program: Self-Employed Persons Seeks to attract applicants who can become economically established in Canada by virtue of their selfemployment or high level participation in certain fields.

19 Self-Employed Persons: Who Qualifies? Are required to have either: Two 1-year periods of experience in selfemployment in cultural or athletics activities; or Two 1-year periods of experience in participation at a world class level in cultural or athletics activities; or Two 1-year periods of experience in farm management Must meet selection criteria Points system (education, experience, age, language, adaptability)

20 Live-In Caregivers Program brings temporary foreign workers to Canada as live-in employees to work in private households to care for children, seniors or people with disabilities Must first qualify for a work permit LMO, written contract, secondary school education, English or French competency Six months training or one year paid full-time work experience Accepted participants may apply for permanent resident status within four years of arrival in Canada, once they have completed two years of employment as live-in caregivers

21 Federal Skilled Workers Can become permanent residents because they are able to become economically established in Canada Must meet threshhold eligiblity criteria Then assesed on 6 selection factors using a point system Must show enough money to support themselves and their dependants after arrival

22 FSW Threshold Eligibility Criteria Application first assessed for eligibility In order for application to be eligible for processing, foreign national must: have a valid offer of arranged employment; be enrolled in, or have recently graduated from, a PhD program from a recognized Canadian post secondary institution; OR have one year of continuous full-time paid work experience within the last ten years in a listed occupation

23 FSW Threshold Eligibility Criteria (cont d) NEW Cap for Work Experience Applicants: For those applying under an eligible occupation, a maximum of 10,000 Federal Skilled Worker applications are considered for processing each year. Within the 10,000 cap, a maximum of 500 Federal Skilled Worker applications per eligible occupation are considered for processing each year. PhD applications are subject to a separate annual cap of 1,000 These limits do not apply to applications with an offer of arranged employment.

24 FSW Selection Factors Six Selection Factors Point System Education Ability in English and/or French Experience Age Arranged Employment in Canada Adaptability Total Pass mark Maximum 25 points Maximum 24 points Maximum 21 points Maximum 10 points Maximum 10 points Maximum 10 points Maximum 100 points 67 points

25 FSW Program Suspension Effective 1 July 2012, the Federal Government placed a moratorium on the FSW for work experience applicants New applications to be accepted beginning 4 May 2013 To reduce the backlog, CIC announced that it would stop processing FSW visa applications submitted before 27 February 2008, refund processing fees, and reject those applications Class action lawsuit pending parties currently making submissions on application of the Charter to non-residents

26 FSW Proposed Changes Proposed changes to take effect 4 May 2013: Minimum language thresholds and increased points for language Increased emphasis on younger immigrants Increased points for Cdn work experience, reduced for foreign work experience Simplified arranged employment process Points for spouse s language ability and Cdn experience Educational Credential Assessment (foreign education assessed on Cdn standards)

27 Federal Skilled Trades Program New program introduced 2 January 2013 Intended to meet demand for skilled trades workers (particular need in Western provinces) Maximum 3,000 applications to be processed in categories of jobs currently eligible All are skilled trade occupations per s. 87.2(1) of IRPA Regulations

28 Federal Skilled Trades Program Eligibility Criteria: Meet job requirements for skilled trade category; Plan to reside in any Cdn province/territory other than Quebec; Have at least 2 years full-time experience (or equivalent part-time experience) within the 5 years prior to application; Prove basic proficiency in English or French; Have a full-time offer of employment for 1 year or more OR a provincial/territorial certificate of qualification

29 Canadian Experience Class (CEC) Introduced in 2008 Growing program 2,500 accepted in ,000 expected to be accepted in 2013 Applicant s past experience working in Canada is key factor in application for PR Considered excellent candidates lived in Canadian society, networks in Canada

30 Canadian Experience Class (CEC) Advantage does not require an offer of arranged employment, faster processing times Disadvantage needs to meet the official language requirement and provide documentation of such at time of initial application

31 Canadian Experience Class (CEC) Must have: At least 1 year (12 months) of full-time work experience as skilled worker on valid status in Canada, or the equivalent in part-time 12 months of work experience must have been obtained within the three years (36 months) preceding the date of application The work experience must be at Skill Type 0, Skill Level A, or Skill Level B on the National Occupational Classification (NOC) Periods of self-employment or unauthorized work will not be considered Demonstrable knowledge of job appropriate proficiency in at least one official language

32 Provincial Nominee Program (PNP) Growing program From 8,000 admissions in 2005 to expected 42,000 in 2012 Skills, education, and work experience needed to make an immediate contribution to the province or territory that nominates them Most provinces in Canada have an agreement with the Government of Canada allowing them to nominate immigrants who wish to settle in that province Not assessed on the 6 selection factors of the Federal Skilled Workers Program Usually an employer-driven application process

33 Categories : Ontario PNP General Foreign Workers 2 years of work experience w/i previous 5 years or license/registration in ON in a regulated profession Approved permanent, full-time job offer (NOC O/A/B) Key employees recruited by investors Investment of at least $3 million Create 5 jobs for Ontarians per foreign employee

34 Categories (cont d): Ontario PNP International students Graduated from 2 year full-time diploma or degree program or 1-year post-graduate program from an eligible Canadian college or university At least half of program completed in Canada Approved permanent, full-time job offer (NOC O/A/B) International PhD graduates PhD from a publicly funded Ontario university No job offer needed International Masters graduates Master s from a publicly funded Ontario university (min. 1-year program) Intent to live and work in Ontario No job offer needed

35 Ontario PNP: 3-Step Procedure 1. Employer sends a pre-screen application to Opportunities Ontario requesting positions for which it would like to recruit a foreign national approved or denied If approved the Employer is provided with nominee application package to forward to foreign national 2. The foreign national Nominee sends Nominee Application Package to Opportunities Ontario approved or denied 3. Ontario nominees must then apply to CIC for permanent residence approved or denied Nominees receive priority processing over other immigration classes Nominees and accompanying family must satisfy the rest of the CIC requirements (medical, security, criminal) NB: Opportunities Ontario had a cap of 1,000 nominations in 2012

36 A Word on Work Permits

37 Canadian Work Permits Canada Total entries of foreign workers by top source countries,

38 Work Permits as a Gateway to Permanent Residence Canada Transition from temporary to permanent resident status by previous yearly status

39 Work Permits: Facts and Figures As of 1 December 2011 there were a total of 300,211 foreign workers in Canada to work temporarily in jobs that help Canadian employers address skill shortages. A work permit is needed for most temporary jobs in Canada. Requirements and processing times depend on the type of work.

40 Who Needs a Work Permit in Canada? Anyone who, being a foreign national, engages in any activity for which wages are paid, for which commission is earned, or which directly competes with the Canadian labour market.

41 Jobs Not Requiring a Work Permit Athletes and coaches Aviation accident or incident investigators Business visitors Civil aviation inspectors Clergy Convention organizers Crew members Emergency service providers Examiners and evaluators Expert witnesses or investigators Family members of foreign representatives Foreign government officers Foreign representatives Health-care students Judges, referees and similar officials Military personnel News reporters, film and media crews Performing artists Public speakers Students working on campus

42 Business Visitors Show: intention to stay for less than six (6) months no intention to enter the Canadian labour market main place of business and source of income located outside Canada profits from your business will accrue outside Canada Meet Canada s basic entry requirements: valid travel document, such as a passport enough money for your stay and to return home plan to leave Canada at the end of your visit and do not pose criminal, security or health risks to Canadians.

43 Business Visitors: Allowable Activities buying goods or services for a foreign business or government taking orders for goods or services attending meetings, conferences, conventions or trade fairs providing after-sales service (mainly supervision, not handson labour) being trained by a Canadian parent company you work for outside Canada training employees of a Canadian subsidiary of a foreign company or being trained by a Canadian company that has sold you equipment or services. NAFTA: research, marketing, general service

44 General Work Permit Requirements: Applicants Outside Canada or Upon Entry to Canada Job offer from a Canadian employer Application Positive Labour Market Opinion (LMO) if not LMOexempt (6 month validity) Must satisfy basic entry requirements No visa requirement for U.S. citizens

45 LMO-Exempt Categories Workers covered under international agreements (NAFTA) Workers, their spouses/common-law partners or their dependants who are eligible for a work permit through an active pilot project (eg. Brain Gain Ontario) Provincial Nominees Entrepreneurs and Intra-company transferees Participants in exchange programs Certain spouses Certain academic and students Charity/Religious workers Others (eg. Refugee claimants)

46 NAFTA Workers Categories: Business visitors Professionals (eg. accountants, engineers, management consultants) Intra-company transferees (managerial, executive, specialized knowledge) Traders and investors No LMO Must comply with general provisions on temporary entry similar provisions under GATS

47 Compliance with Work Permit Requirements Job must fit confines of LMO (job description, employer, pay, etc ) Rigorous enforcement since 1 April year prohibition from hiring temporary foreign workers for employers who have failed to meet their commitments with respect to wages, working conditions, occupation Temporary foreign workers can work for a maximum of four years in Canada, followed by a period of four years of ineligibility to work in Canada

48 Perley-Robertson, Hill & McDougall LLP/s.r.l Immigration Law Group We represent both individuals and corporations in all aspects of immigration and emigration including complete representation and arrangement of all documentation for skilled workers, business immigration programs, citizenship applications and work permits.

49 Can-Go Afar Foundation

50 Thank You! Warren L. Creates, B.A., LL.B. Perley-Robertson, Hill & McDougall LLP 340 Albert Street, Suite 1400 Ottawa, ON K1R 0A5 www. 2013

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