Listed in the 2010 Edition of the Best Lawyers in Canada

I am pleased to announce that Mr. Stephane Duval, Partner and Chair of the Immigration Department of RSS, has been named to BEST LAWYERS IN CANADA.



Best Lawyers in Canada, the premier rating organization for attorneys in Canada, has just announced the names of the Canadian attorneys who will be listed in the 2010 Edition. Inclusion in Best Lawyers is based solely on peer review. All lawyers listed in Best Lawyers are asked “if you are unable to handle a case, to whom would you refer it?” Once the results are tabulated, the selections are checked with provincial bar associations and others.

Congratulations to Stephane who has distinguished himself and RSS in Canadian Immigration Law.

Furthermore, we have been informed that no other Law firm in Quebec has as high a percentage of its lawyers listed as BEST LAWYERS IN CANADA.

Ten (10) other members of RSS have been named to BEST LAWYERS IN CANADA.

They are:
Louise Baillargeon (Transportation Law)
Yves Cousineau (Insurance Law)
Charles E. Flam (Corporate and Commercial Litigation)
Michel Green (D & O Liability, Insurance Law, Malpractice Law, P.I. Litigation, Product Liability Law)
Patrick Henry (Insurance Law, Malpractice Law, P.I. Litigation, Product Liabilty)
Lynne Kassie (Family Law)
Karen Kear-Jodoin (Family Law)
Nicholas J. Krnjevic (Insurance Law)
Martin Lord (Tax Law, Trusts and Estates)
Claude-Armand Sheppard (Corporate and Commercial Litigation)

Congratulations to these partners who have distinguished themselves and RSS!

Charles E. Flam
Managing Partner
Robinson Sheppard Shapiro, L.L.P.
800, Place Victoria – Suite 4600
Montréal (Québec) H4Z 1H6

Canadian Government Promotes Recognition of Immigrants' Qualifications

Canada's government has enacted a number of strategies in the past several years intended to specifically address its effort to improve the integration of immigrants into Canadian society. A large part of this overall effort is the improvement of the recognition of foreign credentials in Canada. By improving the recognition of such international credentials, the government seeks to improve the success of Canadian immigrants quickly finding work in the fields of their expertise.

As part of the effort to improve credential recognition, the government has recently introduced a new resource directed to Canadian employers. Integrated in to the Foreign Credentials Referral Office (FCRO), the Employer's Roadmap is intended to aid employers in meeting their labour needs more effectively, while allowing skilled newcomers to apply their expertise to work in Canada more quickly.The Employer’s Roadmap derives from a partnership between the FCRO, Citizenship and Immigration Canada (CIC), and The Alliance of Sector Councils (TASC).

Speaking about this new resource, Canada's Minister of Citizenship, Immigration and Multiculturalism states that “The Government of Canada is committed to improving the labour market integration of internationally trained workers – this is essential to building a strong Canada: socially, culturally and economically. Employers are key partners in helping internationally trained workers find jobs in their areas of training, and this resource makes it easier for employers to assess their qualifications.”

Facilitation of Admission of VANOC Workers

As the 2010 Olympic and Paralympic Winter Games approach, Citizenship and Immigration Canada is seeking to facilitate the admission of approximately 7000 foreign national through Regulatory amendments. VANOC, or the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games, has been given the authority to register and accredit foreign nationals who are performing a specific role or function within the organization, which will allow for the admission of such nationals through deemed multiple-entry temporary resident visas, which are not subject to the normal cost-recovery fees.

These Regulatory amendments to Canada's Immigration and Refugee Protection Regulations allow such admission between the dates of December 12th 2009 through March 28th 2010. They are automatically repealed on April 22nd 2010. These amendments were developed though consultations with VANOC and various Canadian government bodies, including Human Resources and Skills Development Canada; The Royal Canadian Mounted Police; Canada Border Services Agency; and the Canadian Security Intelligence Service.

Given the international significance of Olympic and Paralympic Games, these amendments by Citizenship and Immigration Canada are intended to streamline and facilitate the immigration process of VANOC registered members. The consultation of the various organizations ensures that such chagnes do not have a negative impact on Canada's immigration programs or the health safety of Canadians.

Canadian Immigrant Agency Receives $1.9 million

An Ottawa organization has received a CAD$1.9 million provincial grant that will assist it in expending its services to Canadian employers. The organization works with local employers in order to assist them in removing barriers to hiring and retaining skilled workers who immigrate to Canada. Part of the near-term plan of the organization is to create a new working group which concentrates on the biotechnology sector; current programs currently focus on health-care, IT, finance, and public sectors.

The agency presently predicts that local labour requirements will exceed the supply of workers by 2014. It predicts that Canadian immigration will be responsible for all labour market growth in the region by the year 2011.

The Ontario Minister of Citizenship and Immigration states that "Programs like United Way Ottawa's Hire Immigrants Ottawa have proven effective in getting newcomers jobs that match their skills, expertise and qualifications."

Canadian Visa Office in Mexico Reduces Services Temporarily

Due to the out break of the Swine Flu in Mexico, the Canadian visa office in Mexico City has reduced services to candidates seeking visas and has halted in-person interviews related to temporary and permanent immigration applications. A drop box is present to allow for submission of documents and applications.

These steps mirror actions by other nations' embassies in the country, such as the USA and UK. A Citizenship and Immigration spokesman sent an e-mail stating, 'Like many other organizations operating in Mexico City, we've taken steps to protect the safety and health of our employees and applicants by cancelling some meetings and appointments.'

There is no present estimate as to when normal service will resume.

CIC: "Need for immigration to Canada remains strong"

Citizenship and Immigration Canada officials were quoted yesterday as saying "Minister Kenney has determined that the need for immigration to Canada remains strong. Immigration numbers for 2009 will therefore remain at 250,000." The department projects long term labour shortages following consultations on Canada's economy, which has led to the decision to maintain current levels. The government does, however, maintain the flexibility to work with these numbers if needed.

Canadian Immigration Applications in Lebanon

Effective March 31 2009, Canadian immigrant applicants from Lebanon are eligible to process their applications at the visa office in Beirut. This follows last year's change that allowed interviews in Beirut, although applications were still being processed in Syria. Prior to March 31, the Beirut visa office only accepted temporary resident applications such as visitor, study, and work visas.

Dur to recent changes to that system, however, Federal Skilled Worker applicants must submit such applications to the Case Processing Centre in Sydney, Nova Scotia. Similarly, Canadians sponsoring Family Class members will continue to send their applications to the Case Processing Centre in Mississauga, Ontario. However, they will be able to select the office in Beirut as their primary point of service on the application form from this point forward.

Canadian Immigrant Settlement Services Receive Funding

As part of its ongoing effort to improve the integration of new Canadians, federal and provincial governments have been funding programs which provide settlement services. Some recent programs which have received funding include the Library Settlement Partnerships Program (LSP) in Brampton, Ontario and the Abbotsford Community Services (ACS) project in British Columbia.

The LSP is a 3-way partnership with the Canadian government, the Brampton Multicultural Centre, and the Brampton Public Library. Its goal is to assist immigrants with everyday situations, such as searching for a new home, transportation and finding employment locally. Canadian immigrants can access its resources through the LSP employees at Brampton Public Library locations.

The ACS is an effort to help immigrant youth and young adults who are encountering language and settlement barriers following arrival in Canada. ACS will use its funding to develop programs for immigrant youth that connect them to education, training and employment locally. Its participants will benefit from support services; develop plans to achieve goals; language training and short-term employment programs.

Canadian Immigrants Receive Integration Support

Canada's Mnister of Immigration today announced a new resource which will help Canadian immigrants more quickly integrate into the labour force. Part of the Foreign Credential Referral Office (www.credentials.gc.ca) initiative, this new online resource is expected to help put the skills of new Canadians to work faster.

“Each year, thousands of skilled newcomers arrive in Canada. It is in their interest, and in Canada’s interest, to do everything we can to help them put their skills to work here as soon as possible once they arrive,” said the Minister. “This is one more tool to help them obtain the greatest benefit from their experience and education.”


Available online, the resource, entitled “Planning to work in Canada? An essential workbook for newcomers,” will be available to anyone who wishes to access it, within Canada or abroad. It includes general information about life in Canada, resources available to immigrants, language information, details about finding work, and more. This resource reflects the commitment that the government has made in the form of a $50 million investment to improve credential recognition.

Canada's Immigration Department Seeks to Facilitate Certain Business Visitors

The Edmonton Sun reports that meetings among immigration officials are taking place in an effort to find ways to fast-track the admission of certain business-persons to Canada.

"As we recognize that business is important to the economy of Canada, we're looking at streamlining the process for business visitors, where we can use the key links between companies that we know exist and are already well-known to the mission, to streamline those processes," assistant deputy minister Claudette Deschenes told members of Parliament's immigration committee last week.

These provisions are expected to affect employees of companies that have divisions in both Canada and abroad. Ordinarily, for those who are not passport visa exempt, the application process to gain temporary resident status in Canada may take several weeks. The current effort is expected to reduce this to as little as a few days in order to facilitate international business.

Canada Reports Record Immigration in 2008

Canada welcomed an unprecedented number of immigrants in 2008, according to a recent announcement by Citizenship and Immigration Canada. The total figure of 519,722 included approximately 247,000 permanent residents, 143,000 temporary foreign workers, and 79,000 foreign students. The Minister made this announcement while speaking at the Progress Career Planning Institute's Internationally Educated Professionals conference.

The Minister highlighted efforts that the government is making to ease the transition of professionals and skilled workers when migrating to Canada. The prime minister's recently announced plans to build a national framework for foreign credential recognition was referenced as one effort to ease the red tape and provide more clarity for skilled immigrants.

Canadian Immigrant Investor Program Attracts Indian Applicants

Recent statistics suggest that the number of Immigrant Investor Program applications deriving from citizens of India have increased 500% in the past 12 months. The immigrant investor program allows applicants to seek Canadian permanent resident status on the basis of a secured investment into a Canadian government approved fund. The investment is used to support Canadian business for a five year term, and applicants are granted immigration approval prior to disbursement of the funds. Contributing to this rise is a change to Indian regulations increasing the amount that its nationals could invest outside of the country.

In recent years, as India has built its economic infrastructure, an increase in its trade with Canada has taken place. For example, reciprocal trade between Canada and India grew four per cent, to $3.8 billion in 2007. This increase in commerce is expected to continue to increase the appeal of Canada as a destination for Indian business persons, who in turn are likely to increase trade with India once established in this country.

Canadian Banks Cater to Immigration

For years, a common complaint of new immigrants to Canada was that it was difficult to get a solid financial foothold in the first years after arriving. The lack of a Canadian credit history, for example, would prove to be a bar to obtaining credit, which - of course - prevents establishing a credit history. More recently, Canadian banks are specifically catering services to new immigrants, a population that grows by approximately 250,000 annually.

Recognizing the need to address the immigrant community, most of the large Canadian banks appoint a Director of Multicultural Markets in order to ensure that the needs of new Canadians are met. Canadian banks now seek to help a new Canadian with everything from opening bank accounts and applying for insurance and credit cards to giving advice on how to get a driver's licence, preparing taxes, even deciding where to live or send their kids to school. The Royal Bank of Canada's communitycorner.ca web site provides details on the demographic and cultural makeup of most communities in Canada. This helps prospective immigrants can check out neighbourhoods, including home values, and find cultural communities they want to be close to.

Immigrant Entrepreneur Loan Program

Credit unions in Nova Scotia have developed a program that is intended to provide funding to new immigrants who have an interest in starting, expanding, or buying a small business in the province. The program, which makes loans of up to CAD$150,000 available to Canadian immigrants, facilitates the opportunity to own and operate small businesses, to establish roots in the province, and to contribute to Nova Scotia's prosperous economy.

The program is intended to aid new immigrants by helping to bypass ordinary barriers in establishing a credit history in a new country. The Department of Economic and Rural Development will contribute CAD$2 million in loan guarantees, while the office of immigration will contribute CAD$100,000 a year for operating expenses.

The program also aids the province in retaining valuable new immigrants. "Immigrants who are able to establish businesses here are more likely to stay in Nova Scotia, thereby contributing to Nova Scotia's economic, social and cultural growth," says the Nova Scotia Immigration Minister.

Minister of Immigration Announces 2009 Goals

Canada’s Minister of Citizenship, Immigration and Multiculturalism, Jason Kenney, has released a New Year's message which lists the country’s achievements and goals with regard to Canadian immigration in 2008 and 2009.

Among the achievements described for 2008 are the expansion of the Post-Graduation Worker Permit Program; the investment of $1.4 billion since 2006 to assist immigrant settlement; and the implementation of provisions intended to expedite the processing of Skilled Worker immigration applications. The Minister's goal with the latter Action Plan for Faster Immigration is to reduce backlogs to 6-12 months, down from as much as 6 years.

Looking towards 2009, the Minister highlighted the fact that Canada will continue to maintain its immigration levels as other countries reduce theirs. He says, “The coming year will present challenges. However, we will meet these challenges together as we have many times before. We are fortunate to live in a country of great peace, prosperity, diversity and potential.”

Central Intake Office Gears up for Canadian Immigration Applications

Citizenship and Immigration Canada has designated the Case Processing Centre in Sydney, Nova Scotia as the Central Intake Office (CIO) for new Skilled Worker applications with two exceptions:

1. Cases in which the applicant has Arranged Employment in Canada or
2. Cases in which the candidate is legally resident in Canada as a foreign student or foreign worker for 12 months prior to applying.

Arranged Employment means that the applicant has a permanent offer of employment by a Canadian employer and that offer has been confirmed by the regional Service Canada office. Applicants in these cases would apply directly to the visa office responsible for the jurisdiction of their citizenship or residence. For cases in which the candidate has been a foreign student or foreign worker for at least 12 months, the case may also be submitted to the visa office responsible for the candidate's citizenship or permanent residence, or to the visa office in Buffalo, NY, USA.

For other cases, the newly designated CIO will handle receipt and paper screening of skilled worker applications. Cases which are compliant with the Ministerial Instructions will then be forwarded to the responsible visa office abroad, where processing is supposed to be completed within 6-12 months. Once the case is forwarded, candidates will have only 120 days to supply adequate documentation corroborating all regulatory requirements for eligibility.

Citizenship and Immigration Canada Releases 2009 Levels

Citizenship and Immigration Canada announced today that the department intends to maintain current levels by seeking to admit between 240,000 and 265,000 new immigrants in the 2009 calendar year. Minister Kenney, appointed to the role only recently, noted that other nations such as the UK and Australia are discussing decreased their targeted levels, and that these figures represent some of the highest for Canada in the past 15 years.

The 2009 levels target up to 156,000 Canadian permanent residents in the economic categories and up to 71,000 in the family reunification categories. The humanitarian represents the remaining 37,400 candidates.

Canadian Immigration Department Seeks Credential Recognition

Through its funding of various resources, Citizenship and Immigration Canada is seeking to ease the transition of new immigrants by facilitating the recognition of foreign credentials. One such initiative is the Foreign Credentials Referral Office (FCRO) which operates within Canada and abroad with the goal of assisting new Canadians and those who are pursuing permanent resident status in Canada.

The FCRO was initially established to conduct efforts to improve foreign credential recognition processes within Canada. This has included efforts to increase the availability of information for Canadians and employers, the identification of programs and services, and creating competency assessments to facilitate entry to practice. The organization has also begun undertaking efforts to make information available to prospective immigrants abroad. To date, locations have been established overseas in India, China, and the Philippines. In 2009, it is expected that a new location will be opened.

Overseas offices conduct sessions in which those selected under the Skilled Worker program are able to attend and learn about local labour market requirements. To date, over 2000 such candidates have been helped, and thousands more are registered for attendance of future sessions.

Canada's New Minister of Immigration Announced

Following the recent re-election of the Conservative party as a minority government, Jason Kenney was appointed as the new Minister for Citizenship, Immigration and Multiculturalism today. Since January of 2007, Mr. Kenney had filled the role of Minister/Secretary of State (Multiculturalism and Canadian Identity), prior to which he held positions as Opposition House Leader for several years.

As the new Minister, Mr. Kenney is now responsible for overseeing the federal government department responsible for immigration, refugee and citizenship issues, Citizenship and Immigration Canada. He is also responsible for the Immigration and Refugee Board.

Canadians Re-Elect Conservative Party

Canada's Conservative Party was elected yesterday, but retains only a minority government. The Conservatives, having failed to win enough votes to allow it to have a majority in the Parliament, will continue to have to negotiate with the Opposition parties in order to pass new policies and legislation. This election, which comes two years after a similar minority win two years ago, follows dissolution of Parliament on September 7th following a vote of non-confidence by the Opposition.

One of the issues that the government was working on at the time of the dissolution of Parliament was the overhaul of the Federal immigration system. Faced with lengthy backlogs, the Conservatives had promised to implement changes to resolve this. Opposition parties, concerned about the potential for these changes to have negative consequences in some cases, now continue to push for positive improvements to the system. Liberal Jogn McCallum, a Toronto area Member of Parliament, is promising to push for an open and generous immigration policy.

Canadian Immigration Changes Postponed

Canada's Conservative Party may be waiting until after the upcoming federal election prior to proceeding with planned changes to the skilled worker immigration system, according to speculation by political pollsters. Presently a minority government - meaning that they must negotiate with other parties for concurrence in order pass legislation - the Conservatives may be hoping to be able to implement changes without such negotiations after an election.


It is also speculated that Canada may be viewing a recent overhaul of the Austarlian immigration system as a model for future changes here. Changes in Australia have dramatically reduced processing delays in that country, a primary goal of the current Canadian Minister of Immigration.

Canada's Minister of Immigration Eases Employment for Foreign Students

Canada's immigration authorities have announced plans which will east the process of obtaining off-campus employment for foreign students. This will see the introduction of an electronic application system for foreign student wishing to work in Canada while enrolled in full time education. This will include facilities to submit complete applications, including payment of fees, online at any time of day.

This step is part of Canada's government's plans to make a more direct route between attending Canadian schools as a foreign student, obtaining Canadian work experience, and then becoming a Canadian through permanent residence and citizenship. At present, the feeling is that the foreign student program is too detached from the processes of becoming a Canadian.

Canadian Experience Class Enacted

Following the recent announcement of plans to create a new class of Canadian Immigration application, Citizenship and Immigration Canada has announced the formal enacting of the Canadian Experience Class effective September 17 2008. This class of application allows candidates with past and present Canadian education or work experience to seek fast-tracked immigration to Canada, and which does not necessitate that the candidate leave Canada during the process.

“With the Canadian Experience Class fully in place, Canada will be more competitive in attracting and retaining individuals with the skills we need,” said the Minister of Immigration. “It, along with other recent improvements to modernize the immigration system, will go a long way in bringing Canada in line with its global competitors while further spreading the benefits of immigration into smaller centres across Canada.”

An important improvement has been announced since the original plan was described: eligible applicants who have departed Canada will remain qualified to apply in the Canadian Experience Class withing one year of such departure. The intention of this change is to enable qualified candidates to apply, even if they do not any longer possess valid Canadian temporary resident status.

Government Stratgies to Attract Canadian Immigrants

Along with the regulatory changes in Bil C-50, intended to help reduce current immigration backlogs, Canada's government has enacted new means to help attract new immigrants to the country. Recent efforts to retained skilled workers has included the announcement of programs which will facilitate the immigration process for those who are already within Canada.

Developing new settlement services for immigrants is another important way that the Minister of Immigration is seeking to ease the process. The government has begun to invest CAD$1.4 billion into the provinces and territories over a 5 year period since 2006. Examples of services which are being offered in various communities as a result of such funding includes language training, job search services, and provision of other essential services.

Immigration in the Canadian Experience Class

Following proposals included in the 2003 implementation of the Immigration and Refugee Protection Act, Canada's Minister of Immigration has publish proposal regarding the Canadian Experience Class. This class of immigration, complementing the Skilled Worker class and Provincial Nominee Programs, will permit certain foreign graduates and foreign workers to apply for fast-tracked immigration within Canada.

Under the proposed changes, graduates of certain Canadian post-secondary academic institutions with Canadian work experience would need to meet the following minimum requirements:

• graduation from a minimum of a two-year program at a public of private post-secondary institution, accredited and legislatively authorized to grant degrees;
• valid temporary resident status in Canada at the time of their application;
• at least one year of skilled, professional or technical work experience (National Occupation Classification code 0, A, or B); and
• moderate or basic language skills, depending on occupational skill level.

Similarly, a foreign worker can qualify by meeting the following minimum requirements:

• valid temporary resident status in Canada at the time of their application;
• at least two years of skilled, professional or technical work experience (National Occupation Classification code 0, A, or B);
• moderate or basic language skills, depending on occupational skill level.

The proposed amendments to the legislation are presently under discussion. Final changes to the legislation will following the discussion period.

Canadian Immigration Consultations Begin

As part of its efforts to reduce backlogs in the processing of Canadian immigration applications, changes to the Immigration and Refugee Protection Act have been approved. These changes allow direction from the Minister of Immigration in order to determine which cases - most consistent with Canada's economic needs - can be fast-tracked through the application process.

Canada's Minister of Immigration has announced that consultations will begin on July 7th in order to focus on identifying critical occupational shortages, the role of immigration in responding to them, and any barriers to foreign credential accreditation. These consultations will be held with Canada's provinces and territories as well as invited representatives from business, labour, academic, and non-government organizations. They will be the basis for the instructions which will be formulated to identify cases for priority processing.

Immigration Solution to Canada's Top Problem

Canada's Prime Minister recently held a meeting of all the country's Premier's, intended on addressing what is foreseen as the country's top economic problem. The problem that they were addressing was that of Canada's decreasing labour force: within 10-20 years, there may not be enough of a workforce to meet the country's requirements.

Canada's present Minister of Human Resources, and former Minister of Immigration, provided figures to demonstrate the problem:

* British Columbia will be short 350,000 workers over the next 12 years.
* Alberta will require 100,000 workers over the next 10 years.
* Ontario will need 560,000 more workers by 2030.
* Quebec will have 1.3 million job openings by 2016.

Improvement of training programs and increasing immigration are proposed to avoid what some government strategists called an "economic time bomb." The ability to admit more skilled workers is one of the goals behind recent legislative amendments to change immigration rules to fast-track certain groups of immigrants. Some political opponents to these changes feel that this purpose is not sufficiently clear: 'What we think is that the immigration policies of this country should be designed to help workers come here with their families, use their training and skills and help build the country,' says NDP Leader Jack Layton.

Canada and Alberta Fast Track Immigration

The province of Alberta has instituted a stream for provincial nomination which is based on experience in the USA. Those with H1B, H1B1, H-1C, or E-3 visas and with at least one year of experience in the USA can become eligible for fast-tracked immigration to Canada through this Provincial Nominee Program (PNP). Those who are approved do not have to meet the skilled worker pass mark. An eligible candidate's occupation must be designated by the province.

Those with experience in the USA and who wish to receive a no-charge assessment of eligibility for nomination and fast-track immigration to Canada may complete the following form:

https://ssl.rsscanadaimmigration.com/en/form/alberta.php

Panel Recommends Canadian Immigration Improvements

A government appointed panel has released a report recommending improvements to Canada's immigration system. The panel, chaired by the former CEO of Bell Canada Enterprises, recommended that the Canadian government puts more emphasis on immigration as an economic benefit, being more selective and responsive in addressing labour market demands. In order that Canada can better attract and retain top talent from around the world, the panel suggested that the immigration department should fast-track those applications which offer the greatest benefit to the economy.

The report suggests that 75% of the growth in Canada's workforce is presently derived from immigration; this is expected to reach 100% by the year 2010. Currently, one in five Canadian workers is foreign-born.

Canadian Province Pursues Immigrants

The Canadian province of Alberta, facing an unprecedented shortage of workers to meet the demands of ongoing efforts related to its oil sands projects, is aggressively recruiting foreigners. Government sponsored recruiters for the Province of Alberta and the city of Calgary have been overseas, taking part in an effort to find desperately needed foreign workers who can fill labour shortages. One of the countries targeted is the United Kingdom, where the Alberta Employment and Immigration Minister has been proposing the province as a possible destination.

Alberta has also targeted US citizens and foreign workers in the USA. While Canadian unions feel more may be done to attract US citizens, the province is proposing to Nominate certain foreign workers in the USA - those with H-1B, H1-B1, H-1C, or E-3 status - with at least one year of work experience in that country. If nominated, a candidate who promises to reside in that province can experience faster processing of a permanent resident application.

Canada Immigration Services Improved in Lebanon

Canada's Immigration Minister has announced that the immigration services at The Canadian Embassy located in Beirut, Lebanon. Citizens of Lebanon were previously required to travel to Damascus, Syria in order to attend interviews related to Canadian permanent resident applications. They will now have the option to attend interviews in Beirut or in Damascus. The only exception to this rule was for Family Class applications.

The changes to the services at the visa office in Beirut are effective immediately. “Citizens of Lebanon deserve to have their visa interviews conducted in their own country,” stated Canada's Immigration Minister Diane Finley. “We are upgrading our services at the visa office in Beirut in order to make it easier for people to complete their application process.”

Rules to Reduce Canadian Immigration Backlogs Approved

Bill C-50 passed a final vote and was approved in a "confidence vote" Monday evening, permitting the minority Conservative government to include the changes to the Immigration and Refugee Protection Act by including them in a larger budget implementation. As a minority government, the Conservative Party made the Bill a confidence issue, meaning that defeating it in the House of Commons would have toppled the government, forcing an election shortly afterwards. Although some opposition exists to some of the new rules, as discussed here in earlier posts, NDP and Liberal opponents were not prepared to create an election scenario immediately.

The changes in the rules will help to reduce the backlogs which are causing tremendous delays for those Skilled Workers that the Canadian labour market so desperately needs at this time. Provisions will permit the Minister of Immigration to specify the categories of cases which most benefit the labour market and to facilitate the processing of those cases.

Although no opponents to the changes question the need to reduce the backlogs, which are rapidly approaching 1 million people, its critics question the transparency of the process. Canada's Minister of Immigration and the Conservative government have responded with numerous problems that the rules will be implemented in a fair and transparent fashion.

Amendments to Canadian Immigration Laws Pass Commons

In one stage that is required for Bill C-50 to become part of the Immigration and Refugee Protection Act, Canada's House of Commons has approved the proposals by a vote of 114-83. The Commons voted three times overall: once on the larger budget bill (C-50), and twice more on NDP amendments that would have stalled the legislation.

Bill C-50 includes numerous changes to the Canadian immigration legislation that is intended to help reduce the backlogs which many feel are crippling the immigration system. Some of these changes include the ability to select cases for processing based on Canadian labour market needs. Although the Canadian opposition parties oppose the changes to the laws, they have not voted against the Bill. Doing so would have automatically triggered an election.

The next step will be a vote in Canada's Parliament, which is expected to take place before the summer break.

Canada's Government Advised to Increase Immigration

A Canadian Government Committee has been advised that raising immigration targets to approximately 1% of the population, or between 300,000 and 330,000, is the best solution to reducing backlogs in the system. Current backlogs of between 240,000 to 265,000 are insufficient according to the Chinese Canadian National Council. "We cannot reduce the backlog unless we increase the immigration target range," he advised the Commons' committee. The sentiment was reinforced by Status Now, a second group present at the hearings.

Both groups were critical of the governments plans to introduce amendments to the Act and Regulations, which they feel give too much power to the Minister of Immigration. Conservative MPs attending the hearings were unreceptive to the recommendations of these groups, suggesting that their own modifications to the current system are a preferable way to reduce the backlogs and tackle shortages which exist in Canada's Labour Market.

Canadian Immigration Job Services

The province of Ontario is investing over $27 million into forty provincial programs that will help new immigrants find employment in their field of training and experience. These programs are an expansion of previous efforts by the province, and will cover numerous regions including Toronto, Ottawa, London, Hamilton, the Niagara Region, and the Kitchener-Waterloo Region.

The programs include services in the sectors of education, engineering, finance, health care, research and innovation, social work and trades. In accordance with the Canada-Ontario Immigration Agreement, the government of Canada will contribute $8.1 million to the effort. Since 2003, Ontario has devoted over $85 million in funding to help an estimated 20,000 newcomers.

Government Leaders Opposed Canadian Immigration Changes

Jack Layton, the opposition leader of the New Democratic Party (NDP), has stated that the proposed changes to Canada's immigration legislation will be opposed "every step of the way." The changes, which the Minister of Immigration is seeking to help reduce backlogs for applicants worldwide, also contain some provisions which Layton feels is contrary to Canada's history of multi-culturalism.

Layton, promising cross country consultations with community leaders, feels that the issue is significant enough to force an election. His party opposes the principle of encouraging temporary foreign workers over permanent immigrants, and will likely introduce legislation which will annul the changes sought in the present amendments.

Minister of Immigration Updates Post-Graduation Work Permit Program

On April 21st, Canada's Minister of Immigration announced changes to the program which allows certain foreign students to work in Canada following their graduation. The program, which is effective immediately, changes the maximum duration of such work permits from two years to three. It also removes the requirement of a job offer consistent with the field of study by allowing for issuance of open work permits.

Program requirements for international students as follows:

• Must have studied full-time for at least eight months preceding the completion of their program of studies and have graduated from:
• a public post-secondary institution, such as a college, university or CEGEP (in Quebec); or
• a private post-secondary institution that operates under the same rules and regulations as public institutions, and that receives at least 50 percent of its financing for its overall operations from government grants (currently, only private college-level educational institutions in Quebec qualify); or
• a Canadian private institution authorized by provincial or territorial statute to confer degrees.
• Must apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from the institution that they have met the requirements of the academic program (notice of graduation).
• Must have completed and passed the program of study and received a notification that they are eligible to obtain their degree, diploma or certificate.
• Must have a valid study permit when they apply for the work permit.

The following foreign students are not eligible for the program:

• Students participating in a Canadian Commonwealth Scholarship Program or a Government of Canada Awards Program funded by the Department of Foreign Affairs and International Trade.
• Students receiving funding from the Canadian International Development Agency and participating in a distance learning program.
• Students who have previously been issued a post-graduation work permit after any other program of study. However, note that graduates who are already working with a work permit issued under the previous rules are eligible to apply for an extension.

Canadian Government Debates Immigration and Citizenship Changes

Canada's Conservative government and the Minister of Immigration have faced considerable criticism of late in the light of changes currently proposed to the Citizenship Act and the Immigration and Refugee Protection Act (IRPA).

Proposed changes to the Citizenship Act, to be implemented in the spring of 2009 if approved would change the process by which those born outside Canada to Canadian parents could become eligible for citizenship. Whereas at present such individuals are required to declare or affirm their citizenship by the age of 28, Bill C-37 removes this requirement. At the same time, it removes the possibility of these individuals' children gaining citizenship if born outside Canada.

Meanwhile, the ongoing debate of the proposed amendments to the IRPA continues. The changes, intended to help expedite the processing of eligible applicants, also carries bad news for some whose cases could be closed without processing. A recent vote on the Bill defeated an amendment that would have killed the proposition. Although Canada's Liberal party continues to adamantly oppose the amendments, a decision to bring down the minority government may be needed to shut down the proposition.

Canadian Bar Association Concerned about Immigration Law Amendments

The chair of the immigration section of the Canadian Bar Association has stated concerns that the organization has over the proposed changes to the Immigration and Refugee Protection Act. The main concern over the changes is that it permits the Minister to unilaterally implement criteria that can affect the processing of cases already submitted. This can include expediting a case or closing it without processing.

The changes are intended to reduce the backlogs which have only extended since the present government took power, despite promises to do the opposite. While the opponents claims that the changes are undemocratic, the Minister of Immigration maintains that urgent action is required to expedite the admission of skilled workers to Canada and to reunite families.

Immigration Amendment Opposed

Canadian Members of Parliament are being urged by Canadians and by other politicians to vote against to proposed amendments to the Immigration and Refugee Protection Act. The main concern is that the Conservative party is seeking to much power to close applications that are deemed inconsistent with present labour market requirements. The amendments propose to allow the Immigration Minister to cap the number of applicants in the immigration backlogs and would be able to refuse an application which had already been approved. The Immigration Minister could also make decisions about immigration policy that, under the current system, require regulatory changes.

One Member of Parliament, Olivia Chow, has promised to introduce an amendment to have the immigration proposals removed from the proposed bill. Other groups presently mounting opposition to the amendments include the Chinese Canadian National Council and the Ontario Council of Agencies Serving Immigrants.

Amendments to Canada's Immigration Act

The Government of Canada has introduced new legislation that is intended to reduce immigration backlogs, especially in the Skilled Worker program. "The legislation is intended to provide greater flexibility in addressing a range of labour market needs. It will not apply to refugees and does not affect our objectives related to family reunification."

If passed, the new measures will apply to any application received on or following February 27th 2008. Cases which had been received prior to such date will be handled on the existing legislation at that time.

The major change proposed in these amendments is that the immigration department will not necessarily process applications on a first-come first-serve basis. Cases which best match the current needs of the Canadian labour market, as defined by the Minister, may be entitled to expedited processing. The Minister's instructions which govern the priority awarded to certain cases would be published officially. These provisions would not apply to refugee or family class cases.

Canadian Immigration Numbers Released

Canada's immigration department is set to release figures that state that a total of 251,000 permanent residents were admitted last year. Combined with approximately 178,000 temporary foreign workers, the department is claiming that the 2007 figures are the highest total since 1911.

Criminal Inadmissibility and Rehabilitation

Increased sharing of criminal databases has recently led to reports of more common refusals for visitor and other temporary resident visas to Canada. Those with sometimes long forgotten indiscretions, such as DUI convictions which may have been treated as misdemeanors in the USA, are being reminded of the impact that his can have under Canada's immigration Regulations.

Those faced with inadmissibility to Canada due to reasons of criminality have a number of options that can permit entrance to Canada. These include a Criminal Rehabilitation application, a Temporary Resident Permit, and Deemed Rehabilitation.

Criminal Rehabilitation

A Criminal Rehabilitation application can only be initiated a minimum of five years following the completion of the sentence for a given crime. The application comprises the provision of suitable documentation to document that the individual is rehabilitated and is therefore not likely to re-offend. These applications often require extensive documentation of the offence, reference letters, and application forms. The process of a criminal rehabilitation application is typically approximately 12 months, but can be longer depending on visa office backlogs.

Temporary Resident Permit

A Temporary Resident Permit (TRP) is an immigration document which grants someone temporary admission to Canada who is otherwise considered inadmissible. It is not a permanent removal of inadmissibility, but typically refers to a single admittance for a fixed period of time if the conditions warrant it.

At a port of entry, it is possible to process a Temporary Resident Permit on the spot. In these cases, there is no formal application process, but rather the TRP is considered in the context of the existing application for temporary admission (e.g., visitor, work permit, or study permit). If an immigration official is satisfied that there is a low risk of re-offending while in Canada and that there is a sufficient need for the person's admission to Canada.

An immigration official at a port of entry may refer the case to a visa office if not satisfied. Visa offices will often use the same application form and materials requested for a Criminal Rehabilitation application to decide the case, and it may take between two and twelve months to process depending on the visa office and the case.

Deemed Rehabilitation

Depending on the severity of the offence, and if there are no subsequent offences, individuals may be considered to be deemed rehabilitated after a number of years. This may range from 5 years for less severe offences to 10 years for those that are more serious. If deemed rehabilitated, it would not be necessary to apply for the other measures described.

Ontario Fast-Tracks Immigration

Ontario's government is seeking to fast-track the immigration process for certain skilled professions and trades in order to help fill shortages in the labour market. In this program, employers may seek to nominate foreign candidates, who then become eligible to seek fast-tracked permanent resident status in Canada.

The nominee program has recently been expanded to include foreign students with a full time permanent offer of employment related to their Canadian studies. To be eligible, foreign students must be nominated by an Ontario employer; have completed at least half of their studies in Canada and graduated from an eligible Canadian college or university; and apply within two years of the date of their Canadian graduation.

Immigrant Association Seeks to Fill Labour Needs

The Niagara Immigrants Employment Council was launched last month in order to fulfill the goals of attracting new Canadian immigrants to the Niagara, Ontario region and to promote the hiring of such immigrants by local employers. With participation from representatives of the region's leading companies and the presidents of local colleges and universities, the organization believes that it can help reduce local labour shortages.

By 2011, the growth of the Niagara region's labour force will depend mainly on foreign-trained individuals. The Niagara Economic Development Corporation identified a shortage of approximately 35,000 to 48,000 workers by the year 2010. The focus on attracting and retaining new immigrants is seen as a critical step in ensuring the region's continued vitality.

Increased Canadian Immigration Needed for Calgary Region

A study by the Calgary Economic Development suggests that the Calgary region will suffer a shortfall of approximately 244,000 workers over the next decade. The group recognizes that this sort of shortfall is a problem being faced by most nations with balanced economies, and that there is increasing competition for skilled workers from around the world.

The Alberta Federation of Labour is calling for more emphasis on the improvement of the processes to enable the permanent immigration of skilled workers. Representatives of Citizenship and Immigration Canada identify various measures that they have been putting in place in order to better attract qualified immigrants. These include measures to facilitate the retention of foreign students in Canada, pilot projects to expedite the admission of certain workers, and programs to expedite the recognition of foreign credentials.

Provinces Encourage Canadian Immigration

British Columbia and Alberta are presently facing labour shortages that are forcing employers to recruit from abroad. Canada's federal government has enacted new rules to facilitate the admission of certain foreign workers to these provinces. In Alberta alone, there is an expected shortfall of 100,000 workers over the next decade.

Under the Expedited Labour Market Opinion Project, certain occupations are fast tracked so that the process can be reduced to as little as five days, as opposed to over five months required in those provinces at present.

Service Canada has recently added occupations in order to facilitate a total of 33 occupations in British Columbia and Alberta:

Carpenters (Journeyman/Woman)
Civil Engineers
Commercial Janitors, Caretakers
Construction Labourers
Crane Operators(Journeyman/Woman)
Delivery Drivers
Dental Technicians
Electrical & Electronics Engineers
Food and Beverage Servers
Food Counter Attendants
Food Service Supervisors
Heavy-Duty Equipment Mechanics
Hotel Front Desk Clerks
Hotel and Hospitality Room Attendants
Industrial Electricians
Industrial Meat Cutters
Ironworkers
Manufacturing & Processing Labourers
Mechanical Engineers
Mechanical Engineering Technologists
Petroleum Engineers
Pharmacists
Registered Nurses
Residential Cleaning and Support Workers
Retail Salespersons and Sales Clerks
Roofers
Ski and Snowboard Instructors
Specialized Cleaners
Steamfitters, Pipefitters
Surveyor Helpers
Tour and Travel Guides
Welders
Machinists

Funding for Canadian Immigration Research

The city of Vancouver is receiving funding from the federal government and industry groups for diversity research and an upcoming summit on immigrants and jobs.

$7.5 million in funding has been granted by Canada's government for the purpose of conducting research into globalization, immigration and diversity at various centres across the country, including Metro Vancouver. This funding will help support the ongoing Metropolis Project initiated by a Vancouver area university, which started in 1995.

Meanwhile, Vancouver is gearing up for a summit which is intended to investigate ways to best match labour market needs with new immigrants. Participants include business leaders and employer groups, as well as local government officials.

Canadian Province of Saskatchewan Reports High Immigration Levels

Recent census data by Statistics Canada confirms that the province of Saskatchewan has attracted its highest number of immigrants in 75 years. The new immigrants, who derive primarily from China, the United States, the United Kingdom and the Philippines, helped to offset the number of residents who departed the province for locations such as Alberta.

Saskatchewan has joined the oil boom in Canada, and is second only to Alberta in overall Canadian production. The result has been an increase in employment for skilled trades in the region.

Quebec seeks more immigrants

Quebec's immigration department is implementing a plan to increase the number of immigrants it attracts annually. For 2007, it is estimated that the province will attract 45,000 new immigrants, a shortfall of 3000 compared to the present plan. By 2010, Quebec is seeking to increase this number to 55,000 immigrants annually in response to labour shortages and a declining birth rate.

The government has also pledged to improve its spending of approximately $200 million of federal funding designated for assistance of the integration of new immigrants into Quebec society.

Canadian Industry Seeking more Immigration

Industry officials in numerous sectors in Canada are facing crippling labour shortages. Those officials in provinces such as British Columbia, where shortages of as many as 20,000 skilled workers exist, are looking for ways to expedite the immigration process so as to be able to recruit from overseas and meet project requirements. Monte Solberg, Canada's Minister of Human Resources and Social Development states that he is looking for ways to expedite the process of immigration.

Although backlogs can be lengthy in some cases, Canada is still seen as having lenient visa processing rules compared to other Western nations. Faced with continued shortages in its labour force in the USA, for example, software giant Microsoft has set up a division of its company in Canada for the purpose of software development. The company hopes to be able to attract talent from among Canadians and those immigrating to Canada.

Canadian immigrants receive training support

The government of the province of Alberta has announced that it will be providing CAD$740,000 over the next three years to fund the Immigrant Access Fund. The fund loans new Canadians the money necessary to upgrade education, training, and certification for the Canadian labour market. With the support of the Alberta government, the funds sources the loans through private businesses in the region.

The money loaned through this organization can be used for short-term training, including tuition fees at recognized post-secondary institutions, and on-line courses. It also includes examination fees for professional licensing and governing organizations, related travel expenses, occupational qualification assessments, professional association fees, books and course materials, and living expenses associated with study times.

Canada's Immigration Program Ranks in the Top

The Migrant Integration Policy Index for 2007, a study jointly sponsored by European countries, ranks nations worldwide based how well they help to integrate newcomers into their societies. Canada ranked in the top five countries worldwide. The categories in which Canada's immigration policies led the rankings included openness to dual citizenship among others; the category which was the most significant drawback for Canada was the requirement that permanent residents become citizens in order to vote or furn for public office.

Provinces seeking more Canadian immigration

The western Canadian provinces of British Columbia and Saskatchewan have formed committees to solve the ongoing issues of labour shortages. The provinces are seeking ways to facilitate permanent and temporary immigration to the provinces and to rural destinations therein.

The B.C. Chamber of Commerce is seeking ways to facilitate the process of recruiting skilled workers from outside Canada. Employers interviewed by the association complain that the process is too difficult. In Saskatchewan, a conference has been created for local employers in order to plot out strategies to attract more immigrants to the province.