Bill C-6 Passes Senate: Changes to Canadian Citizenship Requirements Impending

Bill C-6 Passes Senate: Changes to Canadian Citizenship Requirements Impending

A bill to change the Canadian Citizenship Act has been passed by the Senate with amendments, which bring the legislation closer to becoming law. As a result of the bill, immigrants coming to Canada would be able to apply for Canadian citizenship earlier and easier than before.

Bill C-6 passed the Senate on May 3, 2017 in a vote of 45 for, 29 against, and no abstentions. Senators in Ottawa have asked their colleagues in the House of Commons to review this bill, which could Canadian citizenship law. This bill includes the amendments that were added by the Senate after the draft bill was passed by the House of Commons in June 2016. In order for the bill to change Canadian citizenship law, it must receive royal consent.

What would these changes to Canadian citizenship requirements entail?

Bill C-6 would reduce the amount of time permanent resident would have to live in Canada before they were eligible to apply for Canadian citizenship. This change to Canadian citizenship requirements would be from four out of six years to three out of five years. Additionally, applicants who had spent time in Canada on temporary status, such as on a student visa or work permit, would be able to count a portion of this time towards the proposed three-year requirement.

This bill would annul many part of the former Conservative government’s citizenship legislation, which would include a change that revoked Canadian citizenship from those who had dual citizenship and who had been convicted of treason, terrorism or espionage.

It would also annul the government’s authority to revoke citizenship for specific acts against the national interest of Canada. These acts include convictions of high treason, terrorism or spying offences, dependent on the sentence received, or for membership in armed force or armed group engaged in conflict with Canada where weapons were involved. This was also introduced by the former Conservative government.

Bill C-6 would remove the intent to provide provision, and an increased number of applicants would be immune from language proficiency requirements. A bill passed by the House of Commons in 2016 placed an age range from 18 to 54 for language testing, but was amended to 18 to 60 years old.

What amendments were made?

While being read in the Senate, there were a number of other amendments that were made to the bill. Among these amendments was a provision that requires the Immigration Minister to inform individuals who have their citizenship revoked as a result of misrepresentation or fraud that they have a right to appeal this decision in a federal court.

The Strengthening Canadian Citizenship Act or Bill C-24, also introduced by the previous Conservative government, removed the right to a federal court hearing for those subject to revocation of citizenship in cased where the Canadian citizenship was acquired by fraud. When Bill C-24 came into effect, the individuals who were affected had 60 days to respond in writing after being informed that their citizenship would be revoked.

Another amendment to Bill C-6 would allow minors to apply for Canadian citizenship without the assistance from their parents. Under the current Canadian citizenship law, parents and children are treated as one when they are applying. This means that if the parent’s citizenship application is rejected, then the children or child would not be able to get citizenship either. In this case, the child would have to wait until they were 18 years old to make another application.

If you want to stay updated on the changes to Canadian citizenship requirements, make sure you subscribe to our newsletter.

 

 

Canadian immigration stream launch could be unexpected answer to Trump

Canadian immigration stream launch could be unexpected answer to Trump

 

Before U.S. President Donald Trump took office, Canada’s federal government began work on a new immigration stream program to attract highly skilled labour.

The latest news on immigration comes from Trump as he has ordered federal agencies to consider tightening visa regulations for foreign workers; therefore adding more uncertainty to the future of U.S. immigration policy. He argued that this was a long overdue reform on H-1B visas.

The H-1B program allows American companies to hire foreign workers in certain occupations, including industries like information technology, science and engineering. A large amount of the approximately 85,000 H-1B workers who come to the United States each year are employed in these fields since their expertise may not be available locally.

The contrast between U.S. and Canadian immigration systems

Less than three weeks ago, Canada reaffirmed its goal to make the process easier for Canadian companies to hire and bring in global talent in two weeks’ time. The new immigration stream is called the Global Talent Stream, which is part of the federal government’s Global Skills Strategy, is scheduled to launch as of June 12, 2017.

On the other side of the border, H-1B visas usually take three to six months to process. The premium processing option that ensured an answer in less time has already been cancelled by Trump’s administration.

Another noted difference between the two systems is how visas are allocated. In Canada, applications are assessed on merit in accordance with the program requirement, while the U.S. applications are allocated by lottery. The annual cap on applications and the winners chosen by lottery has always made the H-1B visa a problematic program.

Over five years, starting in 2017-2018, the government of Canada has stated that it will provide $279.8 million to support the Temporary Foreign Worker Program (TWFP) and the International Mobility Program (IMP).

Welcome benefit to Canadian tech companies

The technology sector in Canada is currently experiencing rapid growth. The professional, scientific, and technical services sector employs more than 1.3 million people across the country and is the fifth-largest employer in Canada.

International workers may now start to look to Canada rather than to the U.S. in order to grow their careers in the technology sector. There are also a number of large tech companies currently located in the U.S. that are looking to set up satellite offices in Canada as a result of the current U.S. administration policies.

For foreign workers, a major plus to working in Canada is the opportunity to transition to permanent resident status. Workers who may have been interested in working in the U.S., or who have worked there but don’t see a future for themselves in the country, have usually developed or mastered their English ability and are typically well educated. These are important factors that are rewarded in numerous permanent immigration programs in Canada, including the federal economic programs managed under the Express Entry system.

If you are interested in applying for immigration under the Express Entry system, or any other methods, contact us today.

 

 

Ontario Government Resumes Delivering Express Entry Notification of Interest

Ontario Government Resumes Delivering Express Entry Notification of Interest  

The Ontario government has resumed delivering Notification of Interest (NOIs). They are being delivered to applicants who meet the Human Capital Priorities (HCP) Stream in the Express Entry program within the Ontario Immigrant Nominee Program (OINP).

The issuing may begin the week of April 10-14, 2017. According to the government, NOIs will continue to be issued regularly throughout the year until they reach their annual allocation.

The HCP stream allows the candidates, who are invited by the OINP through the federal Express Entry pool, to make an application for a provincial nomination certificate. When obtained and added to the candidate’s Express Entry profile, the candidate will receive an additional 600 points in the Comprehensive Ranking System (CRS), which would place him or her at the front of the line for selection in the subsequent draw from the pool.

The Ontario government advises that potential applicants should consider creating a new profile within the Express Entry system to make it easier for the province to identify their profile when it searches the federal government’s Express Entry pool. If candidates decide to create a new one, they are required to delete their old Express Entry profile.  This requires the candidates to re-register in the Canada Job Bank, which is still a mandatory step for those who don’t have a job offer when entering the pool.

Select Trades Also Targeted

In relation to the NOI issuance, the OINP announced that candidates in the construction sector of the skilled trades will be targeted, as these jobs are in demand in Ontario. Nevertheless, the NOI issuance is not restricted to candidates with this type of work experience — those in other occupations may also reach their NOIs.

The Express Entry occupation list for this round of NOIs includes:

• Carpenters
• Bricklayers
• Painters and decorators (except interior decorators)
• Industrial electricians
• Plumbers
• Sheet metal workers
• Roofers and shinglers
• Electricians (except industrial and power system)
• Welders
• Tilesetters
• Boilermakers
• Construction millwrights and industrial mechanics
• Plasterers, drywall installers and finishers and lathers

An annual survey of construction contractors, administered by the Ontario Construction Secretariat, for 2017 indicated that the economic outlook for the construction industry in Ontario is positive and that this confidence is held across the province.

Requirements for Eligibility

Candidates may be identified by the province and receive an NOI, if:

• They have a minimum CRS score of 400 or more CRS points; and
• They possess the required language ability, skilled work experience, education, and other characteristics to help them successfully establish and integrate into Ontario’s labour market and communities.

The candidates who are in the Express Entry pool cannot apply to HCP within the OINP until they receive an NOI. Only those who receive an NOI can submit an application for a provincial nomination certificate.

For the HCP stream the OINP only selects candidates who are eligible under the Canadian Experience Class or the Federal Skilled Worker Class.

The OINP allocation for 2017 is 6,000 new permanent residents. But the overall number of newcomers to Ontario will be higher than this number since many newcomers arrive through federal programs.

If you have received your NOI and need help submitting your application, contact the Immigration Law Office of Ronen Kurzfeld today!

 

Temporary Foreign Worker Program Receives Additional Funding from Federal Budget

Temporary Foreign Worker Program Receives Additional Funding from Federal Budget

Over five years, starting in 2017-2018, the government of Canada has stated that it will provide $279.8 million to support the Temporary Foreign Worker Program (TWFP) and the International Mobility Program (IMP).

An additional $49.8 million per year will be provided afterwards.

Both the TFWP and the IMP aid the entry of foreign workers to Canada. The TFWP is designed to grant workers to fill labour shortages in job markets where permanent residents or Canadian citizens are not available. The IMP, on the other hand, improves Canada’s cultural and economic interests. Categories in the IMP include workers under open work permits, Intra-Company Transfers and the North American Free Trade Agreement.

Finance Minister Bill Morneau announced this funding as part of the federal government’s 2017 budget.

The budget also aims to ease newly-arrived immigrants’ settlement to Canada. The government will allocate funds to initiatives that will help new immigrants to Canada have their credentials acknowledged in the Canadian labour market.

In order to support a Targeted Employment Strategy for Newcomers, the 2017 budget proposed to allot $27.5 million over five years, starting in 2017-2018. After those five years, the budget will allot $5.5 million per year.  This employment strategy will have three components:

• Improved pre-arrival supports in order for new immigrants to begin the foreign credential recognition process before entering Canada;
• A loan program that will assist new immigrants with the cost of their foreign credentials recognized; and
• Targeted measure in order to test innovative approaches to aid skilled new immigrants get Canadian work experience in their field.

A Foreign Credential Recognition Loans pilot was introduced by the previous Conservative government in 2011. In its 2015 budget, they had allocated $35 million over five years to make this program permanent. This was never implemented because of the election that was held later that year. Nevertheless, government data showed that loans sped up the credential recognition process, which ultimately led to a 47% increase in full-time employment and eased reliance on income assistance from the government. The loan program has been restored by Trudeau’s Liberal government.

According to the federal government, these strategies will assist to reduce barriers and to support new immigrants as they put their skills and experience to work in the Canadian economy.

If you are looking to obtain a work permit in Canada, contact us today!

Ranking System for Canada’s Express Entry Program to change in June

Ranking System for Canada’s Express Entry Program to change in June

Immigration, Refugees and Citizenship Canada (IRCC) announced that French speakers and candidates who have a sibling in Canada will receive supplementary points for the Express Entry Comprehensive Ranking System (CRS). These changes will take effect on June 6, 2017.

These changes will not alter the entire make-up of the pool in a profound way, but the supplementary points have the chance to make a positive difference to those who may obtain these points.

Additionally, the Canada Job Bank registration will become voluntary.

The current form of the CRS will continue to be used when ranking and selecting candidates in the pool. It is also to be expected that the IRCC will continue to conduct draws from this pool until the June 6 and after.

Breakdown of the June 6 Changes

French Language Skills

In order to be considered for the Express Entry pool, eligible candidates must take a standardized language test, recognized by the IRCC, to prove their proficiency in English and French. The total points available under CRS are 1,200 — 136 of which can be given for a candidate’s first language and additional 24 points availability for a second language.

The above will still remain as of June 6. The change comes to additional points be given to French speakers who also show a knowledge of English.

Additional 15 points — must prove adequate intermediate (equivalent to Canadian Language Benchmark 7) or better French ability, and English ability of CLB 4 or lower.

Additional 30 points — must prove adequate intermediate or better French ability, and who also prove English ability of CLB 5 or better.

Candidates who want to be awarded CRS points for French ability listed above must take the Test d’Évaluation de Français.

Siblings in Canada

Candidates who have a sibling in Canada who is either a permanent resident or Canadian citizen, at or over the age of 18 years, have the potential to earn an additional 15 CRS points, effective June 6. Points may be given if the candidate’s spouse or common-law partner has a sibling in Canada. The sibling relationship can be through marriage, adoption, blood, or common-law partnership.

Canada Job Bank

Registration for the Canada Job Bank will be voluntary for all candidates as of June 6. Nevertheless, candidates who don’t have a job lined up are still able to register, and the option is expected to continue being free to use. Employers also have the opportunity to search, recruit and hire skilled workers from the platform.

In the meantime, candidates without qualifying job offer or a provincial nomination must register in the Canada Job Bank before they are eligible for selection in the Express Entry program.

The last improvements that we’ve seen from CRS was in November 2016, when the overall number of points given for a qualified job offer was lowered from 600 to 50 or 200, dependent on the position offered. This and the Canada Job Bank change show that the IRCC is decreasing the importance of jobs within the Express Entry system — and instead encouraging skills and human capital factors. They also made a change to award more points to candidates who had successfully completed their education in Canada.

Before the changes in November, the CRS had not been modified in any way since Express Entry program first became operational in January 2015.

If you are interested in applying for Express Entry, contact the Immigration Law Office of Ronen Kurzfeld today!

 

Canadian immigration system’s shift toward migrant workers, study shows

Canadian immigration system’s shift toward migrant workers, study shows

 

A ground-breaking study has examined that Canada’s immigration system is increasingly adapted towards temporary migrants. The study shows that 1 out of 5 foreign workers become permanent residents.

That is twice the rate from two decades ago.

According to a new Statistics Canada report, only 9% of temporary foreign workers who came during the mid-1990s received permanent status, while over 21% of them did by the end of 2014.  This was the first report that revolved around the national policies of attracting and retaining temporary foreign workers as immigrants.

The number of temporary residents designated to work in Canada has tripled since early 2010s rising to over 500,000, which exceed the 260,000 permanent residents who settle in Canada each year.

Nevertheless, the percentage of high-skilled foreign workers has declined from 67% in the last 1990s to only 40% in the late 2000s.

A number of immigration programs have been implemented that favour immigration candidates, such as the Canadian Experience Class and the Provincial Nominee Program (PNP), who have Canadian education and work experience, which turns foreign workers into a pool of potential immigrants.

However, 79% of critics still accuse that most temporary foreign work, the passage to permanent residency is still incomprehensible.

The rate of transition from temporary to permanent status varies dependent on different classes of foreign workers. Live-in caregivers are currently experiencing the greatest success despite in the last decade from 83% to 56%

Among those who arrived between 2005 and 2009, 31% of low-skilled workers successfully became permanent residence compared to 23% of those in high-skilled positions. The transition rate was lower than 3% among seasonal agricultural workers.

The study also notes that temporary foreign workers from less developed countries were more apt to seek permanent residence in Canada, given the expected increases in their living standards.

Workers from countries with a higher gross domestic product per capita, such as France, Japan, the United States and the United Kingdom, had much lower transition rates those from China, Philippines and India.

When looking at low-skilled workers obtaining their permanent residence, 4 out of 5 received it through PNP, which allows provincial governments to select the immigration candidates to meet the local labour market needs.

But only 38% of higher-skilled workers got their status through the same program and 50% through the federal skilled workers program. The only option available for migrant farm workers is through marriage with a Canadian.

If you are interested in the Canadian Experience Class or the Provincial Nominee Program, contact the Immigration Law Office of Ronen Kurzfeld today!

Canada’s Merit-Based Immigration System Praised

Canada’s Merit-Based Immigration System Praised

Canada’s immigration system has served as a model for countries around the world and was praised by U.S. President Donald Trump earlier this month. This system focuses more on immigrants who can contribute to Canada’s economy than to those with just family ties.

Nearly 63%of those granted legal permanent residence in Canada, which is the final step before becoming citizens, are admitted based of their economic skills, and only 24% admitted based on having family members living in the country.

But the U.S. system is reversed with 13% of green cards given to immigrants based on economic reasons and 63% given to those with family connections.

Canada was the first country to use a point system to grade economic immigrants — a 100-point scale that rewards immigrants with PhDs and extensive work experience in specialized fields.

Applicants are given a score on a 100-point scale, with points awarded in six categories:

• Language skills — the more fluent the applicant is in English and French, Canada’s two official languages, the more points he or she will get (28 points maximum)
• Education — maximum of 25 points (5 for a high school diploma, 19 for a two-year college degree, and 25 for a PhD)
• Work experience — the more skilled the job, and the more years spent doing it, the more points the applicant receives (15 points maximum)
• Age — the younger the applicant, the more points awarded (12 points maximum)
• Current job offer from a Canadian employer (10 points maximum)
• Adaptability — which includes things like family ties to Canadians or past visits to the country (10 points maximum)

The applicants who score 67 points or higher on the 100-point scale are eligible for immigration to Canada. Immediate relatives of Canadian citizens do not go through this process.

But Canada’s immigration system was not always like this. It wasn’t until the 1960s that the Canadian government set up a first-of-its-kind point system to grade immigrants on their skills and qualifications. It became increasingly popular in the 2000s and countries such as Japan, Denmark, and the United Kingdom adopted versions of it.

The formula for Canada’s immigration system has changed over the years since Canada has recently put more of an emphasis on immigrants who have standing job offers. Only admitting people with PhDs couldn’t be an economic cure-all for immigration to Canada. This is because many of those admitted couldn’t find jobs in their fields and were forced to do work that was far below their education levels.

Canada’s immigration system made a major revision in 2015, when it allowed Canadian provinces to sponsor immigrants based on labour shortages. The goal of this revision was to tie the system closer to local demands. Immigration to Canada has long been used as a way to drive its economic engine, and limits the relatives Canadian citizens can bring in.

It is now the United States’ time to adopt a new model.  Trump’s has said that “switching away from this current system of lower-skilled immigration, and instead adopting a merit-based system, will have many benefits. It will save countless dollars, raise workers’ wages, and help struggling families — including immigrant families — enter the middle class.”

Now the question is just how much Trump wants to emulate Canada’s immigration system in  doing so.