Immigration Law and Nursing Working in Canada. Karen Kwan Anderson, B.A, LL.B.

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1 Immigration Law and Nursing Working in Canada Karen Kwan Anderson, B.A, LL.B.

2 Subtopics Today Immigration Definitions Temporary Residence Permanent Residence Citizenship Case Scenario Q & A

3 Disclaimer The information you obtain at this presentation is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation.

4 My name is Karen Kwan Anderson, B.A, LL.B. B.A., UofT, 1994 LL.B., University of Windsor, 1999 Articled at Pace Law Firm Called to Ontario Bar, years personal injury practice Over 10 years of Immigration law experience Direct: anderson@pacelawfirm.com

5 Current Immigration Categories In Canada there are four categories of immigrants: 1. Family Class (immediate relatives of permanent residents or Canadian citizens) 2. Economic Immigrants (skilled workers and business people) 3. Refugees (people who are escaping persecution, torture or cruel and unusual punishment) 4. Other (humanitarian or compassionate reasons)

6 Basic Immigration Definitions Foreign National Permanent Resident Canadian Citizen

7 Immigration Definitions Citizenship and Immigration Canada ~ CIC Canada Border Services Agency ~ CBSA Immigration and Refugee Protection Act ~ IRPA Immigration and Refugee Board of Canada ~ IRB Temporary Resident Visa ~ TRV commonly know as a Visitor Visa Employment Authorization commonly known as a Work Permit

8 Immigration Definitions Temporary Foreign Worker Labour Market Opinion (LMO) Service Canada (issues LMOs) International English Language Testing System ~ IELTS

9 Case Scenario When an Ontario hospital wants to hire a foreign-trained nurse The Hospital is the employer who must receive a positive LMO from Service Canada Success of an LMO application depends on the foreign-trained nurse s education qualifications, and English or French language proficiency per test results If positive LMO: foreign-trained nurse submits a work permit application to the nearest Canadian via office If work permit is granted; come to Canada to work After one year of working status; apply for permanent residence under Canadian Experience Class ( CEC ), Quebec Skilled Workers, or a Provincial Nominee Program ( PNP ) Nurses who want to work in Canada must register with the Canadian Nurses Association or Canadian Council for Practical Nurse Regulators. Specifically, nurses who want to work in Ontario must register with College of Nurses of Ontario

10 Permanent Residence Application Canadian Experience Class ( CEC ) Workers Eligibility Minimum one year proven work experience Overall IELTS band score of 6.5 or higher Be in a management, professional or technical occupation according to Canada s National Occupational Classification System (NOC) Currently there are 184 NOC job title for nurses SearchKeyword.aspx

11 As of May 1 st, 2014 As of May 1, 2014, applicants may apply to the Federal Skilled Worker program if they have an occupation on the list of 50 eligible occupations. Nurses are on the list: nursing coordinators and supervisors; registered nurses and registered psychiatric nurses; and licensed practical nurses. There is a cap of 1,000 applications to be received in each occupation. Applicants are assessed points for education, experience, English or French proficiency, and adaptability."

12 Notice of Assessment Pay stubs Documents Employer letter confirming occupation Main duties and responsibilities Civic and Identify Document Travel Documents Certified Translations to English or French Dependents (if any) ~whether in Canada or overseas will be processed at the same time Timing ~ 13 months Visa office is in Ottawa

13 Quebec Skilled Worker Program Eligibility ~ no work permit needed Maximum 6500 applications by March 31, 2015 (836 received to date) Ensure you meet conditions set out by Quebec s nursing regulatory body language proficiency If application is approved, receive a certificate of selection and apply to your nearest visa office Applicants are assessed points for education, experience, French proficiency, and adaptability."

14 Documents Educational qualifications Proven work experience Civil and identity documents Travel documents Certified translations to French

15 Dependents Must list spouse or common-law spouse if any All children under age of 22 who are financially dependent

16 Timing a) Province of Quebec to assess ~ time lines not posted b) 9 to 79 months depending on visa office after Quebec approves

17 Ontario Provincial Nominee Programs (PNP) Eligibility At least 2 years legal work experience in Ontario with proper registration with regulatory body Have a permanent fall-time job offer in a skilled occupation or approved occupation Be on a valid work permit that has not expired Have an employer s letter and required forms

18 Employer s approval letter Joint Verification Form Job Offer Civil & Identity documents Travel documents Documents Proof of status in Canada Proof of registration/certification in Ontario Reference letters confirming work experience abroad or Canada

19 Timing a) 90 days for Ontario to assess b) 18 to 38 months depending on visa office after Ontario approves

20 Citizenship Eligibility 3 out of 4 years presence 4 years (1095 days) preceding date of your application

21 Property lease agreements Bank statements Notice of Assessment T4 slips Documents If applicable ~children s registration at school Renewal of certification/memberships Health Records Photographs Passport stamps

22 Timing 24 months for routine applications 36 months for non-routine applications

23 No ~ Guarantees Be wary of immigra4on consultants who are unlicensed operators. They are not accountable to anyone. Be careful when a representa4ve gives you a guarantee. There are no guarantees.

24 Why recommend an effective Law Firm To understand the laws and regulations associated with immigration proceedings To have knowledge of current immigration issues and thus are aware of new laws and regulations that affect immigration applications To function as advocates fro the cause; not just form fillers Communicate with immigration authorities on your behalf and manage the file, so you do not have to To ensure that the proper and current application will be submitted

25 Ques2ons & Answers

26 Thank you

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