Canada's Economic Immigration Program: An Overview
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Canada’s Economic
Immigration Program:
An Overview
Presentation - University of Ottawa Faculty of Law
27 February 2013 and 1 March 2013
Warren L. Creates, B.A., LL. B.
Certified Specialist in Immigration Law
Perley-Robertson, Hill & McDougall LLP
www.perlaw.ca
Presentation Outline 1. Canadian Immigration Trends 2. Categories of Permanent Residence 3. Economic Immigration 4. A Word on Work Permits 5. Opportunities in Immigration Law perlaw.ca
Categories of Permanent Residence
• Reuniting families • Family class
• Protecting refugees • Refugee class
• Contributing to
economic • Economic class (our
development focus)
perlaw.ca
Immigration Trends Permanent Residents by Top Source Countries (09-11)
Immigration Trends Canada – Permanent residents by category and source area, 2011 (showing percentage distribution)
Immigration Trends Canada – Permanent residents by category, 1987 to 2011
Economic Immigration perlaw.ca
Economic Immigration:
People selected for immigration (i.e. permanent residence)
based on their skills and ability to contribute to Canada’s
economy include:
1. Business Immigrants,
2. Live–in Caregivers,
3. Skilled Workers,
4. Temporary foreign workers with
Canadian Experience (C.E.C.), and
5. Provincial and Territorial Nominees.
perlaw.ca
2011 Economic Immigration
(Principal Applicant)
Category #
Skilled workers 36,770
Canadian Experience Class 3,973
Business immigrants 3,288
Provincial/territorial nominees 15,290
Live-in caregivers 5,032
Economic immigrants (principal applicants) – Total 64,356
perlaw.ca
Business Immigration Seeks to attract experienced business people to Canada who will support the development of a strong and prosperous Canadian economy. perlaw.ca
Business Immigration Program
1. Entrepreneur
– 291 principal applicants (2010)
– Category closed as of July 2011
2. Investor
– 3,223 principal applicants (2010)
– Category closed as of July 2012
– No cap on Quebec program
3. Self-employed
– 174 principal applicants (2010)
perlaw.caBusiness Immigration Program:
Entrepreneur
• Seeks to attract experienced business persons who will
own and actively manage businesses in Canada
• Entrepreneurs must:
• have business experience (at least 2 years of experience
in the previous 5 years)
• have a minimum net worth of Cdn $300,000 that was
obtained legally, and
• respect the conditions for entrepreneurs after they arrive
in Canada
• For at least 1 year within the 3 years after arriving:
• Control 33% of a business
• Active and ongoing management
• Create at least 1 full-time job equivalent (other than own
family member)
perlaw.caBusiness Immigration Program:
Entrepreneur
• If regulatory definition meant, applicant assessed
against selection criteria
• Points system need 35 out of 100
• Business experience
• Education
• Age
• Official languages
• Adaptability
perlaw.caEntrepreneur Program Suspension • Effective 1 July 2011, the Federal Government placed a moratorium on new entrepreneur applications • “No plans to lift the moratorium” – Jan. 2013 • New “Start-Up Visa” program to be implemented later this year perlaw.ca
Start-Up Visa Program (April 2013) • Pilot program to run up to 5 years • Foreign entrepreneurs will require the support of a Canadian angel investor group, venture capital fund or business incubator to apply • Language proficiency and educational requirements perlaw.ca
Business Immigration Program:
Investors
• Seeks to attract experienced business
people of high net worth who will invest a
significant amount into Canada’s economy.
• Investors must:
• Have at least 2 years of business
experience within the last 5 years
• Have a net worth of at least Cdn $1.6
million that was legally obtained
(liquidable assets)
• Make an immediate investment of Cdn
$800,000 (repaid after 5 years)
perlaw.caInvestor Program Suspension Effective 1 July 2012, the Federal Government placed a moratorium (until further notice) on new investor applications perlaw.ca
Business Immigration Program:
Self-Employed Persons
Seeks to attract applicants who can
become economically established in
Canada by virtue of their self-
employment or high level participation
in certain fields.
perlaw.caSelf-Employed Persons:
Who Qualifies?
• Are required to have either:
• Two 1-year periods of experience in self-
employment in cultural or athletics activities; or
• Two 1-year periods of experience in
participation at a world class level in cultural or
athletics activities; or
• Two 1-year periods of experience in farm
management
• Must meet selection criteria
• Points system (education, experience, age,
language, adaptability)
perlaw.caLive-In Caregivers
• Program brings temporary foreign workers to Canada
as live-in employees to work in private households to
care for children, seniors or people with disabilities
• Must first qualify for a work permit
• LMO, written contract, secondary school
education, English or French competency
• Six months’ training or one year paid full-time
work experience
• Accepted participants may apply for permanent
resident status within four years of arrival in Canada,
once they have completed two years of employment
as live-in caregivers
perlaw.caFederal Skilled Workers
• Can become permanent residents because
they are able to become economically
established in Canada
• Must meet threshhold eligiblity criteria
• Then assesed on 6 selection factors using a
point system
• Must show enough money to support
themselves and their dependants after arrival
perlaw.caFSW – Threshold Eligibility Criteria
• Application first assessed for eligibility
• In order for application to be eligible for processing,
foreign national must:
• have a valid offer of arranged employment;
• be enrolled in, or have recently graduated from, a
PhD program from a recognized Canadian post
secondary institution; OR
• have one year of continuous full-time paid work
experience within the last ten years in a listed
occupation
perlaw.caFSW – Threshold Eligibility Criteria
(cont’d)
NEW – Cap for Work Experience Applicants:
• For those applying under an eligible occupation, a
maximum of 10,000 Federal Skilled Worker applications
are considered for processing each year. Within the
10,000 cap, a maximum of 500 Federal Skilled Worker
applications per eligible occupation are considered for
processing each year.
• PhD applications are subject to a separate annual cap of
1,000
• These limits do not apply to applications with an offer of
arranged employment.
perlaw.caFSW – Selection Factors
Six Selection Factors Point System
Education Maximum 25 points
Ability in English and/or French Maximum 24 points
Experience Maximum 21 points
Age Maximum 10 points
Arranged Employment in Canada Maximum 10 points
Adaptability Maximum 10 points
Total Maximum 100 points
Pass mark 67 points
perlaw.caFSW Program Suspension
• Effective 1 July 2012, the Federal Government placed a
moratorium on the FSW for work experience applicants
• New applications to be accepted beginning 4 May 2013
• To reduce the backlog, CIC announced that it would stop
processing FSW visa applications submitted before 27
February 2008, refund processing fees, and reject those
applications
• Class action lawsuit pending parties currently
making submissions on application of the Charter to
non-residents
perlaw.caFSW Proposed Changes
• Proposed changes to take effect 4 May 2013:
• Minimum language thresholds and increased points for
language
• Increased emphasis on younger immigrants
• Increased points for Cdn work experience, reduced for
foreign work experience
• Simplified arranged employment process
• Points for spouse’s language ability and Cdn experience
• Educational Credential Assessment (foreign education
assessed on Cdn standards)
perlaw.caFederal Skilled Trades Program
• New program introduced 2 January 2013
• Intended to meet demand for skilled trades
workers (particular need in Western provinces)
• Maximum 3,000 applications to be processed in
2013
• 43 categories of jobs currently eligible
• All are “skilled trade occupations” per s.
87.2(1) of IRPA Regulations
perlaw.caFederal Skilled Trades Program
• Eligibility Criteria:
• Meet job requirements for skilled trade category;
• Plan to reside in any Cdn province/territory other than
Quebec;
• Have at least 2 years’ full-time experience (or equivalent
part-time experience) within the 5 years prior to
application;
• Prove basic proficiency in English or French;
• Have a full-time offer of employment for 1 year or more
OR a provincial/territorial certificate of qualification
perlaw.caCanadian Experience Class (CEC)
• Introduced in 2008
• Growing program
• 2,500 accepted in 2009
• 10,000 expected to be accepted in 2013
• Applicant’s past experience working in Canada is key
factor in application for PR
• Considered excellent candidates lived in
Canadian society, networks in Canada
perlaw.caCanadian Experience Class (CEC) • Advantage – does not require an offer of arranged employment, faster processing times • Disadvantage – needs to meet the official language requirement and provide documentation of such at time of initial application perlaw.ca
Canadian Experience Class (CEC)
Must have:
• At least 1 year (12 months) of full-time work
experience as skilled worker on valid status in
Canada, or the equivalent in part-time
• 12 months of work experience must have been
obtained within the three years (36 months) preceding
the date of application
• The work experience must be at Skill Type 0, Skill
Level A, or Skill Level B on the National Occupational
Classification (NOC)
• Periods of self-employment or unauthorized work will
not be considered
• Demonstrable knowledge of job appropriate
proficiency in at least one official language
perlaw.caProvincial Nominee Program (PNP)
• Growing program
• From 8,000 admissions in 2005 to expected 42,000 in 2012
• Skills, education, and work experience needed to make
an immediate contribution to the province or territory that
nominates them
• Most provinces in Canada have an agreement with the
Government of Canada allowing them to nominate
immigrants who wish to settle in that province
• Not assessed on the 6 selection factors of the Federal
Skilled Workers Program
• Usually an employer-driven application process
perlaw.caOntario PNP
Categories :
General Foreign Workers
• 2 years of work experience w/i previous 5 years
or license/registration in ON in a regulated
profession
• Approved permanent, full-time job offer (NOC
O/A/B)
Key employees recruited by investors
• Investment of at least $3 million
• Create 5 jobs for Ontarians per foreign employee
perlaw.caOntario PNP
Categories (cont’d):
International students
• Graduated from 2 year full-time diploma or degree
program or 1-year post-graduate program from an
eligible Canadian college or university
• At least half of program completed in Canada
• Approved permanent, full-time job offer (NOC O/A/B)
International PhD graduates
• PhD from a publicly funded Ontario university
• No job offer needed
International Masters graduates
• Master’s from a publicly funded Ontario university (min.
1-year program)
• Intent to live and work in Ontario
• No job offer needed
perlaw.caOntario PNP: 3-Step Procedure
1. Employer sends a pre-screen application to Opportunities
Ontario requesting positions for which it would like to recruit a
foreign national approved or denied
• If approved the Employer is provided with nominee
application package to forward to foreign national
2. The foreign national Nominee sends Nominee Application
Package to Opportunities Ontario approved or denied
3. Ontario nominees must then apply to CIC for permanent
residence approved or denied
• Nominees receive priority processing over other
immigration classes
• Nominees and accompanying family must satisfy the rest
of the CIC requirements (medical, security, criminal)
NB: Opportunities Ontario had a cap of 1,000 nominations in 2012
perlaw.caA Word on Work Permits perlaw.ca
Canadian Work Permits Canada – Total entries of foreign workers by top source countries, 2009-2011
Work Permits as a Gateway
to Permanent Residence
Canada – Transition from temporary to permanent resident status by previous yearly statusWork Permits: Facts and Figures
• As of 1 December 2011 there were a total
of 300,211 foreign workers in Canada to
work temporarily in jobs that help Canadian
employers address skill shortages.
• A work permit is needed for most
temporary jobs in Canada.
• Requirements and processing times
depend on the type of work.
perlaw.caWho Needs a Work Permit in
Canada?
• Anyone who, being a foreign national,
engages in any activity for which wages are
paid, for which commission is earned, or
which directly competes with the Canadian
labour market.
perlaw.caJobs Not Requiring a Work Permit
• Athletes and coaches • Family members of
• Aviation accident or foreign representatives
incident investigators • Foreign government
• Business visitors officers
• Civil aviation inspectors • Foreign representatives
• Clergy • Health-care students
• Convention organizers • Judges, referees and
similar officials
• Crew members
• Military personnel
• Emergency service
providers • News reporters, film and
media crews
• Examiners and
evaluators • Performing artists
• Expert witnesses or • Public speakers
investigators • Students working on
campus
perlaw.caBusiness Visitors
• Show:
• intention to stay for less than six (6) months
• no intention to enter the Canadian labour market
• main place of business and source of income located
outside Canada
• profits from your business will accrue outside Canada
• Meet Canada’s basic entry requirements:
• valid travel document, such as a passport
• enough money for your stay and to return home
• plan to leave Canada at the end of your visit and
• do not pose criminal, security or health risks to
Canadians.
perlaw.caBusiness Visitors:
Allowable Activities
• buying goods or services for a foreign business or
government
• taking orders for goods or services
• attending meetings, conferences, conventions or trade fairs
• providing after-sales service (mainly supervision, not hands-
on labour)
• being trained by a Canadian parent company you work for
outside Canada
• training employees of a Canadian subsidiary of a foreign
company or
• being trained by a Canadian company that has sold you
equipment or services.
• NAFTA: research, marketing, general service
perlaw.caGeneral Work Permit Requirements: Applicants Outside Canada or Upon Entry to Canada • Job offer from a Canadian employer • Application • Positive Labour Market Opinion (LMO) if not LMO- exempt (6 month validity) • Must satisfy basic entry requirements • No visa requirement for U.S. citizens perlaw.ca
LMO-Exempt Categories
• Workers covered under international agreements (NAFTA)
• Workers, their spouses/common-law partners or their
dependants who are eligible for a work permit through an
active pilot project (eg. Brain Gain Ontario)
• Provincial Nominees
• Entrepreneurs and Intra-company transferees
• Participants in exchange programs
• Certain spouses
• Certain academic and students
• Charity/Religious workers
• Others (eg. Refugee claimants)
perlaw.caNAFTA Workers
• Categories:
• Business visitors
• Professionals (eg. accountants, engineers,
management consultants)
• Intra-company transferees (managerial, executive,
specialized knowledge)
• Traders and investors
• No LMO
• Must comply with general provisions on temporary entry
• similar provisions under GATS
perlaw.caCompliance with Work Permit Requirements • Job must fit confines of LMO (job description, employer, pay, etc…) • Rigorous enforcement since 1 April 2011 • 2-year prohibition from hiring temporary foreign workers for employers who have failed to meet their commitments with respect to wages, working conditions, occupation • Temporary foreign workers can work for a maximum of four years in Canada, followed by a period of four years of ineligibility to work in Canada perlaw.ca
Perley-Robertson, Hill & McDougall LLP/s.r.l
Immigration Law Group
We represent both
individuals and
corporations in all
aspects of immigration
and emigration including
complete representation
and arrangement of all
documentation for skilled
workers, business
immigration programs,
citizenship applications
and work permits.
perlaw.caCan-Go Afar Foundation http://www.cangoafar.ca/
Thank You!
Warren L. Creates, B.A., LL.B.
Perley-Robertson, Hill & McDougall LLP
340 Albert Street, Suite 1400
Ottawa, ON K1R 0A5
wcreates@perlaw.ca
www.perlaw.ca
©2013You can also read
