How Trump’s Immigration Bill Compares to Canada’s Merit-Based Immigration System

How Trump’s Immigration Bill Compares to Canada’s Merit-Based Immigration System

Trump has recently announced his support for the RAISE Act, a bill that will radically change the US immigration system.  If this bill passes, skilled workers will be favoured over entire families seeking reintegration. Immigration would limit non-English speakers, halt family sponsorships, and discount less skilled workers.

This merit-based immigration system is inspired by Canada’s immigration policies, and Trump is adamant that replacing the current American legal immigration protocol with a merit-based system will increase national citizen wages and provide significant taxpayer savings.

Canada’s Merit Based Immigration System

Canada’s points-based immigration system is weighted on needed skills and educational aptitude.   Points are awarded for language proficiency, age, education, and job offers.

Canada has implemented a non-immigrant visa for parents of citizens, viable for 10 years.  This stipulation carries ineligibility for federal, provincial, and local benefits, and the sponsor is responsible for the maintenance of the parent. This allows families permanent residence status, while sponsors are fiscally responsible, as opposed to government welfare programs.

The United States currently accepts ten times as many immigrants as Canada. Canada does not utilize a diversity green card lottery as the US does.  Eliminating the green card lottery results in 50,000 fewer approved immigrants, mirroring the more stringent points-based system Canada follows.

Canada currently accepts 20,000-50,000 refugees every year.  While this policy still meets concerns from many critics, the RAISE Act would cap American refugee admittance to 50,000.

The RAISE Act uses Canada’s merit-based immigration system as a guideline, with significant revisions that tailor to economic issues and population pressures the US is facing.

What Can a Merit-Based Immigration System do for the United States?

The current US immigration system favours moving entire family members into the country regardless of age, education or financial stability. Under the current US immigration system, around one million foreign immigrants are granted legal permanent residence a year. The proposed RAISE Act could reduce that number of legal immigrants to around 500,000.

Green cards are offered through family sponsorship, job offers, humanitarian need, or the green-card lottery selection. Most green cards are offered through family sponsorships, and the current cap on family based immigration is 480,000. A points-based system could reduce this number to 88,000. A merit-based system would eliminate parents from immediate legibility for immigration, known as ‘chain migration’.

The RAISE Act proposes a non-immigrant visa that mirrors Canada’s family sponsor program, although the visa would be eligible for 5 years as opposed to 10.  Neither the Canadian or American programs has visa quotas attached; however, it would effectively change American family immigration dynamics and economic burden.

Presently, the lowest percent of green cards are issued on an employment precedent. Following a merit-based system, points are weighted towards English proficiency, advanced degrees, natural average income, and high achievements that increase employability.

A points-based immigration system strategically selects immigrants that enhance the county’s economy more effectively in comparison to less direct government involvement. This system allows the government to categorize desirable traits for immigrants, and weigh characteristics by assigning points.  The overall goal of a points based system is to weed out financially unstable, less-educated immigrants who have a propensity to rely on welfare or compete for lower class working jobs.

Prospective immigrants are prioritized based on skills and economic need.  A points-based system favours the immigrants who have higher educational training and work in industries that make higher net contributions.

There is no doubt adopting a merit-based system would be a historic change to American immigration dynamics, with intertwining moral issues that Americans are supporting in recent polls. Trump has repeatedly stated that progressing towards a merit-based immigration system protects workers, taxpayers, and the economy.

What other Countries Follow a Merit-Based System?

An immigration program that favours applicant with desirable skills has been implemented by countries such as Canada, Australia, and New Zealand half a century ago. While no one country selects immigrants exclusively through a points-based system, a merit based immigration system focuses on skills and education, as well as immigrants based on family connections and humanitarian reasons.

These countries realize that college-educated immigrants might perform under par to natives at the same skill level, and their respective legal immigration points systems have been adjusted to allow employers to prioritize immigrants who have passed a points threshold.

The Future of US Immigration

If the RAISE Act is passed, the American legal immigration structure would drastically change. The pros and cons of a merit based immigration system must be considered.

Immigration advocacy groups, such as Numbers USA and the Federation of Immigration Reform, praise reduced immigration efforts, supporting a new-age system that spurs economic growth through younger skilled workers. Economists claim a system based on skilled immigration will not likely affect wages on less-skilled native workers; however, significant scrutiny has been vocalized over native displacement to foreign skilled workers.

Trump is adamant that the RAISE Act will address the “compassion for struggling American families that deserve an immigration system that puts their needs first”.  Regardless of administration politics, the immigration debate is essential dialogue occurring in America.

The bill is facing an uphill resistance in Congress, due to the sizable Democrats who outwardly deject passing the RAISE Act. However, with the White House currently working with Cotton and Perdue on legislation policies, a merit-based immigration movement that mirrors Canada seems increasingly realistic and is a good starting point for open discussions on immigration reform.

Are you or someone you know seeking work permits, permanent residence or Canada Express Entry? Contact the Immigration Law Office of Ronen Kurzfeld to help perfect your application.

New Job Match Service Requires Employers to Invite Applicants

New Job Match Service Requires Employers to Invite Applicants

 

Changes in the law are to come into effect on August 28th for companies that are looking to employ foreign workers. Companies that look for employees through the Temporary Foreign Worker Program (TFWP) will now be required to invite any candidates, who have the right compatibility rating through the Canada Job Bank, to apply for the position.

For those who are hiring a foreign worker through the TFWP, this adds an extra step into the process. The new feature is called the Job Match service and is aimed at helping to protect Canadian citizens or permanent residents by ensuring that there is no-one suitable for the positions within the country before offering a position to a foreign worker.

Jobs in Canada for Immigrants

Before any foreign worker can take a position of employment in Canada, the potential employer must obtain a Labour Market Impact Assessment (LMIA). These new rules affect both high-wage and low-wage LMIA applications. The LMIA process involves the checking that the position cannot be filled by a Canadian citizen or permanent resident, and only once that the LMIA application has been passed, a business is then able to hire a foreign person for the role.

The Job Match service presents a number of anonymous profiles of the registered person on the Canadian Job Bank to a potential employer. The profiles presented will be those who have matching skills and experience as stipulated in the prospective employer`s posting. The job match service works with a star system – which each potential candidate earning one to five stars depending on their compatibility – with five being very compatible.

Although both high-wage and low-wage jobs will be affected by the changes, the regulations differ slightly. For high-wage positions (for those who offer a pay of above the provincial / territorial average wage) they will be required to invite candidates with four stars or more, within 30 days of the job appearing on Job Bank to apply for the position.
For low-wage jobs (for those who offer a pay of below the provincial / territorial average wage), the invite must be sent to those with a two star or more compatibility rating, within 30 days of the posting on Job Bank.

LMIA Exceptions

There are a few jobs in Canada for immigrants that don’t require an LMIA and these are dealt with by the International Mobility Program (IMP). They are usually based around government initiatives and are usually the only way to obtain employment without entering the LMIA process.

There are certain industries in certain parts of the country which do not require them to advertise within these guidelines. The Global Talent Stream is an example where employees in the tech and IT sector can bring in workers from around the world, quickly. The province of Quebec also has a list of jobs which don’t require advertising from employers.

If your work is deemed to bring “significant social or cultural benefit” to Canada, you may also be allowed to be exempt from the LMIA process.

Requirements for Advertising

As part of the new changes, people offering employment will be required to advertise positions on Job Bank and with two other recruitment methods which are consistent with the position that is being advertised. If you have a provincial or territorial job board, you may advertise there. But you must also advertise on the national Canadian Job Bank.

Service Canada, the Canadian Government department who oversees the LMIA process, still haven’t outlined whether employers will be required to interview all of the candidates who have followed up on their invite and applied for the job, however.

Hiring a foreign worker through the TFWP is becoming a slightly longer process, but it does help the country to deal with labour shortages in the right way, ensuring that Canadian citizens and permanent residents get first priority in applying for positions.

For help or more information about the TFWP, please get in touch with the Immigration Law Office of Ronen Kurzfeld today.

Second Chance May Be Given to Parent and Grandparent Sponsorship Applications

Second Chance May Be Given to Parent and Grandparent Sponsorship Applications

A second invitation round for individuals to apply for sponsorship under the Parent and Grandparent Program (PGP) may be conducted, according to an Immigration, Refugees and Citizenship Canada (IRCC) representative.

If the IRCC chooses to organize a second draw, it may occur in the coming months.

The PGP Process

In January, the IRCC enforced a new method to receiving applications from permanent residents and Canada citizens who wished to sponsor their parents or grandparents in order to come to Canada. The Interest of Sponsor form was announced, which allowed individuals to express their interest in the PGP, and they could apply if their name was randomly selected.

Between Jan. 3 and Feb. 2, there were 95,000 individuals who submitted an online form. On Apr. 25, 10,000 potential sponsors were invited to submit application for sponsorship. Those who were invited have 90 days to complete and submit the application from the receipt of the invitation.

By Jun. 8, only 700 applications had been submitted and, of those, 15% were incomplete.

If the IRCC doesn’t receive the 10,000 applications within the designated time frame, additional individuals will be invited to apply. These individuals will be selected from a randomized list of Interest of Sponsor submissions.

The IRCC previously stated that individuals who didn’t receive an invitation from the first draw would have the option to apply again in 2018. But these individuals now have a renewed sense of hope.

According to the IRCC representative, they will take a tally in August or September this year to see how many spaces are left to meet the 10,000 cap.

In 2017, the IRCC has a goal to welcome 20,000 parents and grandparents as permanent residents. Since there is a target of 10,000 applications, there are spaces remaining to allow the IRCC to clear the backlog of applications from prior years.

Applicant Requirements

In order to sponsor a parent or grandparent, an individual must meet certain requirements. Both the sponsor and the sponsored relatives have to sign an agreement that states the sponsor commits to support said relatives financially. The sponsor must commit to make support himself or herself to the best of the individual’s ability. The PGP sponsor must also:

• Be a permanent resident or Canadian citizen;
• Be over the age of 18
• Meet a minimum income level for a specific time period (one year for sponsors living in Quebec, and three consecutive years for sponsors living in any other Canadian province or territory);
  • The income of both persons may be included if the sponsor is married or in a common-law relationship; and
• Sign an undertaking to reimburse any provincial benefits for social assistance that have been paid to the sponsored for a specific period of time (10 years for sponsors living in Quebec and 20 years for sponsors living in any other Canadian province or territory).

It remains unknown whether the same criteria will apply to the next application cycle.

Sponsorship brings your family closer together. Are you looking to apply for sponsorship to bring a loved one to Canada? Contact the Immigration Law Office of Ronen Kurzfeld to see how we can help.   

IRCC Revises CRS Ranking System to Address Tied Scores

IRCC Revises CRS Ranking System to Address Tied Scores

Express Entry pool candidates with a tied score under the Comprehensive Ranking System (CRS) will now be ranked based on the precise time and date that they submitted their profiles. This new method was introduced on June 6, 2017 by the Immigration, Refugees and Citizenship Canada (IRCC).

The main factor in determining a candidate’s ranking in the pool is still his or her CRS score. This new approach will only be used in the case of candidates with tied CRS scores—and the profiles are ranked based on the time and date of the submission. Older profiles will be ranked higher than profiles that were submitted more recently.

From this point on, the cut-off point for CRS’ future draws will be determined by the CRS scores and submission time stamp of the lowest-ranked candidates’ profiles. For example, if the IRCC wanted to issue 2,500 invitations to apply, the CRS score and time of submission of the 2,500^th candidate in the pool at the time of the draw will determine the minimum CRS requirement and the most recent time of submission required of that particular draw.

Below is a table that illustrates the submission time revision in action during a hypothetical future draw. This table is to be used an example only and is not based on any actual statistical data in respect to the IRCC draw. If the IRCC decided that 2,500 candidates would be invitations to apply in a draw, and the minimum CRS needed was 415, the following could potentially apply.

Rank	CRS Score	Time Stamp of Submission	Status
2497	415	December 23, 2016, at 12:56:39	Invited
2498	415	January 7, 2016, at 22:03:57	Invited
2499	415	January 31, 2016, at 04:36:27	Invited
2500	415	February 15, 2017, at 09:48:22	Invited
2501	415	February 15, 2017, at 16:17:34	Still in the pool
2502	415	June 7, 2017, at 19:03:59	Still in the pool

 

The IRCC states that candidates with a higher CRS score than the minimum will be ranked higher than those with a lower score, regardless of the time stamp on their submitted profiles.

Before June 6, 2017, Express Entry pool candidates were ranked by their CRS score alone. This meant that all the candidates who met the minimum CRS score received an invitation to apply, which made it difficult for the department to manage all the invitation rounds.

Updating and Modifying Profiles

When a candidate modifies his or her profile, the time stamp on the original submission will not be changed. For example, a candidate entered the Express Entry pool on February 15, 2017, at 09:48:22, with a CRS ranking score of 399. He decided to update his profile on June 7, 2017, in order to add his new language skills. The result of this addition moved his score to 415 points. Although his ranking in the pool would change to match the others with 415 points, his original time stamp of February 15, 2017, at 09:48:22 would remain the same. He would actually be ranked higher than other candidates with the same amount of points but submitted their profiles after that time.

But, if a candidate removes his or her profile and chooses to re-enter the Express Entry pool at a later time, the time stamp on the new profile is what would apply to the submission. The same thing applies if candidates re-submit their new profiles or their profiles expire.

Candidates who have submitted their profiles are not required to change anything based on this change. Their profiles will be updated automatically based on the information that was provided. This process may take up to two weeks.

Looking to apply for Express Entry? Contact the Immigration Law Office of Ronen Kurzfeld to see how we can better your chances of approval.

 

New Express Entry Stream for Tradespersons Launches in Ontario

New Express Entry Stream for Tradespersons Launches in Ontario

The Ontario government has announced a new stream to the Ontario Immigrant Nominee Program (OINP) called the Express Entry Skilled Trades Stream.

Applicants who are successful will profit from an additional 600 points through the Comprehensive Ranking System (CRS). They will also receive an invitation to apply at a following draw from the federal Express Entry pool.

This new Express Entry Skilled Trades Stream came into effect on May 31, 2017.

Candidates who are eligible under the Canadian Experience Class are the only ones who will be considered for nomination under this new stream. Candidates must demonstrate a desire to live in Ontario or “all provinces and territories” within their Express Entry profile. Before submitting an application, the candidate must receive a Notification of Interest (NOI) from the province of Ontario through his or her IRCC Express Entry online account.

Candidates need to also meet the following provincial criteria:

Residence Location: They must be currently living in Ontario with a valid work permit.

Work Experience: They must have at least 12 months of full-time (or the equivalent in part-time) work experience in the province of Ontario. This is required within two years from the date of the NOI issuance. This work experience must be in skilled trade that is listed in the Minor Group 633 or in the Major Group 72, 73 or 82 of the National Occupational Classification (NOC) system.

Language: They must have a minimum Canadian Language Benchmark (CLB) or 5 in French or English. This proficiency must be proved by taking a standardized language test that is recognized by both the Ontario and Canadian government.

Intent: They must show the intention to live in Ontario.

Settlement Funds: They must have a minimum level of settlement funds.

Trade Certification (if required): They must hold a trade certification or licence from the Ontario College of Trades. This is only needed if the candidate has worked or is working in an occupation in Ontario that requires it.

The OINP will only issue NOIs to candidates who meets the above criteria and who are suitable under of the following NOC groups:

• Minor group 633: Butcher and bakers
• Major group 72: Industrial, electrical and construction trades
• Major group 73: Maintenance and equipment operation trades
• Major group 82: Supervisors and technical occupations in natural resources, agriculture and related production

Are you thinking about applying through the new Express Entry Skilled Trades Stream? Contact the Immigration Law Office of Ronen Kurzfeld today!

Why Canadian Experience Class Applications Get Rejected

Why Canadian Experience Class Applications Get Rejected

The Canadian Experience Class is a favourable option for individuals moving toward Canadian permanent status who have work experience in Canada on a temporary work permit. The government of Canada recognize the number of skilled talent that we have in Canada already, so it assigns a specific allotment of places to skilled workers with Canadian work experience under its annual immigration plan.

Basic Requirements

Applicants must have the following in order to apply for the Canadian Experience Class:

• At least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before applying;
• Gained their experience have gained your experience in Canada with the proper authorization;
• Meet the required language levels needed for their jobs for each language ability (speaking, reading, writing and listening); and
• Plan to live outside the province of Quebec

Typically, candidates eligible for the Canadian Experience Class worked in Canada in one of the following ways:

• on an open work permit as the spouse of a partner who was working in Canada;
• on a post-graduate work permit, after completing full-time studies in Canada at a designated institution;
• receiving a positive Labour Market Impact Assessment;
• in a Labour Market Impact Assessment (LMIA) exempt category; or
• on an open work permit under an international exchange programs

The process of changing from temporary to permanent resident appears simple to candidates. The reality is that there are a growing number of rejections/refusals that are handed to minor conflicts in their applications.

There are two main reasons why applications get rejected under the Canadian Experience Class:

NOC Code Conflicts

When candidates apply for residency under the Canadian Experience Class, they are required to present Citizenship and Immigration Canada (CIC) with a National Occupational Classification (NOC) code for every skilled occupation that they have held in their careers. The NOC code provides a list of typical duties for someone working in that given position.

What occasionally happens is that a candidate who moved to Canada and has been issued a positive LMIA with a certain NOC code (i.e. NOC 2173 — Software engineer and designer) ended up working in a position that reflected the duties of another NOC code (i.e. for example NOC 2174 — Computer programmer and interactive media developer). This conflict can result in a rejection.

Documents Don’t Match Exactly

Candidates must submit a number of supporting documents when they complete their applications under the Canadian Experience Class. These documents relate to their work experience such as work reference letters, taxation documents, resumes, and positive LMIAs.

Some candidates have experienced their applications being refused because these documents don’t match precisely and thoroughly. CIC has rejected applications simply because a candidate’s work-related documents do not match up with each other. For example, the job description that is mentioned in a reference letter does not match with the one that is set by CIC on the given NOC code that was issued to the individual.

 

Want to avoid these mistakes from happening? Contact the Immigration Law Office of Ronen Kurzfeld to give you or your loved one the best chance.

 

 

 

Surge in International Students Choosing to Study in Canada, Transitioning to Permanent Residence

Surge in International Students Choosing to Study in Canada, Transitioning to Permanent Residence

 

According to new figures, there has been a significant increase in the number of international students who are enrolling in Canadian universities for the 2017/2018 academic school year. The increase has been credited to the growing notion that Canada is a stable and welcoming destination to pursue an education in after the various political events that have been happening on a worldwide scale. In more recent months, there has been an increased number of international students who are choosing to study in Canada, and immigrate after they have graduated.

In terms of hosting international students, Canada is a top 10 study destination worldwide. In 2008, a total of 128,411 study permits became effective in comparison to 2016 where this figure was 267,780—more than double the amount.

At the end of 2016, there were more than 414,000 active student permits. The actual number of international students in Canada differs from this amount as not all study permit holders may be in Canada currently, and many international students study in Canada without study permit.

Almost half of students study in Ontario, with British Columbia and Quebec following close behind as the most popular study destinations in Canada, as shown in the graph on the right. The Prairie provinces and the Atlantic provinces in the graph as a total of all schools in that region of Canada.

International Applications and Enrolment in Canadian Universities Surge

The surge of interest in Canada as an immigration and study destination has often been attributed to the election of Donald Trump as the President of the United States.

At Brock University, there was an increase of 30% in applications from international students wanting to study in Canada, and in the early stage of the admissions cycles. There was also a significant increase of 36% in the number of international students who accepted their admission offer.

The University of Toronto saw more than double the number of American students accepting their offers in 2017 in comparison to 2016.

In 2017, the University of Alberta received 82 % more applications to graduate programs from international students. It saw significant increases in the number of applicants from Iran (+196%), India (+152%) and the United States (+60%).

From Student Visa to Permanent Resident

International students who graduate from a Canadian institution may obtain a Post-Graduate Work Permit (PGWP), which will allow them to work anywhere in Canada after their studies. This program was created in order to attract international students to Canada.

There has also been a surge of the number of PGWPs issued each year. Approximately 15,600 international students held PGWPs in 2008 and in 2016, this number rose to more than 101,000.

The work experience that is acquired during on a PGWP can contribute to an international graduate’s eligibility for permanent residency. It also provides a way to remain in Canada and work while a permanent residency application is in process.

If you are looking to obtain a student visa, applying to be a permanent resident or need any other sort of immigration assistance, contact the Immigration Law Office of Ronen Kurzfeld at 1-855-999-0224