Changes Made to Canada’s Temporary Foreign Worker Program

HRSDC Minister Diane Finley speaking in the House of Commons last September. New rules and increased fees for work permit applications were announced by Finley and Citizenship and Immigration Minister Jason Kenney on Monday (Government of Canada)

Amid controversy and criticism over a series of incidents involving temporary foreign workers (TFWs) in recent months, including a story that emerged last month of Canadian workers losing their jobs to foreign workers at the Royal Canadian Bank, the federal government has announced several immediate and upcoming changes to the Temporary Foreign Worker Program (TFWP).

These changes are:

  • An employer is required to guarantee to pay a TFW prevailing wages for that foreign worker to be eligible for a work permit, effective immediately. The rule allowing companies to pay TFWs 15 percent less than prevailing wages for high-skilled positions, and 5 percent less for low skilled ones has been repealed.
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  • The Accelerated Labour Market Opinion (ALMO) has been suspended, effective immediately.
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  • The federal government is seeking the authority to suspend a Labour Market Opinion (LMO) if new information emerges showing that it negatively affects the Canadian economy and Canadian workers, and revoke work permits that were authorized by that LMO.
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  • Fees employers pay for work permit and LMO applications will increase so that a portion of the cost of processing them will no longer have to be paid out of general taxes.
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  • Job requirements for positions that use TFWs can only have English or French as required languages, unless an employer receives a special exemption after having shown Human Resources and Skills Development Canada (HRSDC) why the foreign language is necessary for the position.

The new rules attempt to close some of the major loopholes that critics have identified in the program that they say allow Canadian companies to use foreign workers instead of available Canadian workers.

The changes were jointly announced by HRSDC Minister Diane Finley and Citizenship and Immigration Minister Jason Kenney on Monday.

Immigration Canada Releases Two New Videos for Newcomers

The Your First Two Weeks in Canada video is one of two videos released by Citizenship and Immigration Canada on Friday to provide orientation to newcomers to Canada (Citizenship and Immigration Canada)

Citizenship and Immigration Canada (CIC) on Friday introduced two videos to help new immigrants to Canada prepare for life in their new country.

The first video, entitled Before Arriving in Canada, explains what immigrants can do before they arrive to Canada to settle in Canada and find a good job more quickly. Suggestions include:

  • if English or French ability is limited, improving language skills
  • gather all important documents, like birth certificates and dental records, and bring them to Canada
  • getting certified translations of important documents
  • preparing for accommodations before leaving for Canada

The second video, Your First Two Weeks in Canada, includes explanations on what immigrants can expect at the airport when arriving in Canada, how newcomers can use immigrant-serving organizations to get assistance and information, and what government documents they need to apply for upon their arrival.

The videos can be seen below:

Before Arriving in Canada

Your First Two Weeks in Canada

‘Welcome to Canada’ Tool To Help Immigrants Adjust to New Life

The Welcome to Canada publication and tool provide guidance on preparing for and adjusting to a new life in Canada (Citizenship and Immigration Canada)

Citizenship and Immigration Canada (CIC) released a new ‘Welcome to Canada’ booklet and tool last week to provide immigrants with guidance on how to prepare for life in Canada and with information to assist them in their first few months in the country.

Citizenship and Immigration Minister Jason Kenney announced the new tool at a press conference at the MOSAIC settlement service centre:

“Our Government is committed to ensuring newcomers to Canada integrate and succeed in the Canadian economy and society as soon as possible. The new edition of Welcome to Canada shows our commitment to helping the citizens of tomorrow experience a smoother transition into their new community and into the Canadian workforce.”

The booklet provides information on a variety of subjects that academic research and consultations with new immigrants concluded would likely be useful to immigrants, including how to sign up for language classes, and Canada’s education system, laws and justice system, and job market.

The ‘Welcome to Canada Tool’ provides customized settlement plans for would-be immigrants based on information they input, and also provides a local immigrant-serving organization Find Services map, to which they can bring their customized settlement plan for additional support.

CIC has stepped up efforts to improve the economic integration of immigrants in recent years as data has shown a growing income gap between new immigrants and the general population despite rising education levels among Canada’s immigrants.

Immigration Department to Make it Difficult for Vancouver / Toronto Bound Immigrants to Use Quebec Investor Program

The Parliament of Quebec in Quebec City. Quebec Immigration announced new rules for Quebec Skilled Worker and Investor applicants requiring applicants to have either permission from Citizenship and Immigration Canada or a connection to the province of Quebec in order to apply for either program

Citizenship and Immigration Minister Jason Kenney said last week that his department wanted to put an end to foreign nationals immigrating to Canada through the Quebec Immigrant Investor Program, but settling in Vancouver or Toronto.

At a press conference on March 26st, Kenney said that immigrant investors who apply for permanent residence through the Quebec program but intend to settle in a city outside Quebec are committing fraud.

“If you are sitting somewhere today hoping to apply for the Quebec investor program but you expect to go and live in Vancouver or Toronto, that is fraud. It’s misrepresentation under the Immigration Act. It doesn’t matter what agents and recruitment people tell you and we intend to begin cracking down on the fraud being committed,” said Kenney.

According to Kenney, 90 percent of Quebec Immigrant Investor Program immigrants settle in Vancouver or Toronto. Last year, speaking on the same subject, he said that this large inflow of immigrant investors into Vancouver and Toronto pushes up housing prices in these metropolitan regions, making it more difficult for other residents to afford to buy property in those cities.

The Quebec Investor Program is expected to start accepting applications on July 31st, after a more than one year moratorium on acceptance of new applications, and Kenney says his department would take efforts to stop the practice of immigrants using it as a means to settle in the two immigrant magnet cities.

New rules for the Quebec Investor and Skilled Worker programs, announced last week after Kenney’s statements, require that applicants either receive permission from Citizenship and Immigration Canada (CIC) to apply for the Quebec programs, or have some prior or existing connection to the province.

A connection would constitute any one of several situations, including an offer of employment by a Quebec employer and a diploma treated as a Quebec diploma.

Former Immigration Officer Sentenced to Four Years in Prison

Statue of Justicia in Ottawa Canada. Diane Serré was sentenced to four years in prison for using her position at Citizenship and Immigration Canada (CIC) to fast-track permanent resident applications in exchange for bribes

Former Citizenship and Immigration Canada (CIC) officer Diane Serré was sentenced to four years in prison on Thursday for accepting bribes in exchange for preferential official treatment of applications for permanent residence.

Serré was found guilty of 15 counts of fraud and 12 counts of breach of trust by an Ontario Superior Court Justice in June for using her position as a CIC officer to help ten immigration applicants.

Police recorded hundreds of conversations between Serré and Issam Dakik, her esthetician’s husband, which were used as evidence against her in trial. Dakik plead guilty to charges in connection with the case in 2006, and spent 33 months in prison.

According to investigators, Dakik received at least $25,900 in bribes from immigration applicants. Police suspect that Serré received a portion of that as they found $300 in an envelope at her home that an undercover officer had given Dakik.

Ontario Court Justice Catherine Aitken, who presided over the case, said that Aitken’s actions put the country’s security at risk.

In one case that Justice Aitkin brought attention to, Serré fast-tracked the permanent resident application of a man who used three different family names, had passports in multiple countries, had been charged for a criminal offence in Canada, and had been sponsored by a woman who he had married and was 20 years older than him, all “red flags” that were ignored.

Immigration Canada Announces April 1 Launch of Start-Up Visa Program

Foreign entrepreneurs who receive venture capital funding from a designated venture capital fund or angel investor group will qualify for the new Start-Up Visa Program (CICS News)

Citizenship and Immigration Canada (CIC) announced on Thursday that foreign entrepreneurs would be able to start applying for the newly created Start-Up Visa Program on April 1st of this year.

“Canada is open for business to the world’s start-up entrepreneurs,” said Citizenship and Immigration Minister Jason Kenney in announcing the launch date.

“Innovation and entrepreneurship are essential drivers of the Canadian economy. That is why we are actively recruiting foreign entrepreneurs – those who can build companies here in Canada that will create new jobs, spur economic growth and compete on a global scale – with our new start-up visa.”

To qualify for a Start-Up Visa, a potential immigrant must receive venture capital funding from a fund and angel investor group designated as a recognized venture capital investor by CIC, in partnership with Canada’s Venture Capital and Private Equity Association (CVCA) and the National Angel Capital Organization (NACO).

A full list of designated venture capital funds and angel investor groups can be seen on the CIC website.

International competition

The Canadian Start-Up Visa Program is the first permanent residency program of its kind in the world but will still have to contend with competition for global start-ups from other countries which offer temporary residency and other perks to attract foreign entrepreneurs.

Singapore for example offers the EntrePass (Entrepreneur Pass), which provides business visas to qualifying individuals seeking to start a business in the country, and a competitive business environment, with no capital gains tax, a low income tax, and no fiscal deficit.

While inviting foreign business people and entrepreneurs to Canada undoubtedly contributes to the Canadian economy, an analysis on the income trends of Canada’s economic class immigrants, conducted by CICS News in January, suggests that the full potential of the capital and talent invited to Canada might remain unrealized unless the country’s business environment becomes globally competitive in terms of expected after-tax returns on investment made in the country.

Canadian Immigration Application Fees to Increase

Canadian Finance Minister Jim Flaherty announced the federal government’s proposed budget on Thursday, which calls for increased fees on citizenship and temporary resident visa applications and increased spending on application processing (Maria Azzurra Mugnai)

Immigration processing fees are going to increase, according to a proposed federal budget released on Thursday.

The cause of the coming fee hikes, according to Alexis Pavlich, a spokeswoman for Immigration Minister Jason Kenney, is Citizenship and Immigration Canada (CIC) processing costs for citizenship applications that have increased over the last two decades, without any increases in fees over that time.

Fees currently paid by individuals applying for citizenship only cover 20 percent of the processing cost, and the rest is paid out of taxes levied on the general population. CIC plans on doubling the processing fee for citizenship applications to $400, to reduce the portion paid out of general revenues to 60 percent.

As of September 2012, there were 319,517 citizenship applications awaiting processing, and only enough funding for CIC to process 160,000 of them. The proposed budget allocates $44 million in additional funding over two years to speed up the processing of the remaining citizenship applications, and gives CIC the authority to increase fees to pay for the spending.

Fees for temporary resident permits are also likely to increase. Canada has seen the number of visitor visas issued per year increase to over one million in 2012, and the federal government plans to spend $42 million over two years to process them more quickly. To fund the extra spending, the government is planning to allow CIC to raise application fees for visitor visa applications.

Fees for temporary resident visas haven’t increased for 15 years, according to Pavlich.

Another area where federal officials hope to collect more money is in work permit applications. Currently, Human Resources and Skills Development Canada (HRSDC) handles the labour market assessments required for work permit applications at no cost to the employer who is seeking to hire the foreign national.

The federal government plans to begin charging companies a fee for the labour market assessments.

Canadian Immigration Department Releases TV Ad Warning of Marriage Fraud

A new television ad warns Canadians that their foreign spouse could just be using them to get a ticket to Canada (Citizenship and Immigration Canada)

Citizenship and Immigration Canada (CIC) began airing a television ad today warning Canadians of the dangers of marriage sponsorship fraud.

The ad tells Canadians that some foreign individuals seek out Canadians and feign genuine affection for them, in order to convince the Canadian to marry them and sponsor them for permanent residence.

The ruse is part of a ploy to get into Canada, something that would otherwise require meeting the federal government’s stringent and often unattainable requirements.

Victims of marriage fraud are legally responsible to pay for any social assistance that their foreign spouse uses while in Canada for a period of three years, which can cost them tens of thousands of dollars per year.

CIC also posted a seven minute video on its website today recounting the story of three Canadians who were victims of marriage fraud: an Anglophone woman, a Francophone man, and an Indo-Canadian Anglophone man, showing that this crime can affect any one.

The video (below) and the 30 second television ad (bottom) can be seen here:

New rules

CIC instituted a new rule last October requiring that a foreign spouse who has not had a child with their Canadian spouse be required to be in a relationship with their spouse in Canada for two years before they are granted full permanent residency status.

For the two year period, the foreign spouse can live in Canada under a provisional permanent resident status, that can be revoked if the relationship does not last the whole period, unless there is evidence of abandonment or abuse by the Canadian spouse.

In March 2012, CIC also began barring individuals who had been sponsored as a spouse or common-law partner, from sponsoring a new spouse or common-law partner for five years.

The new rules were motivated by the fallout from stories from Canadians like Lainie Towell, who brought national attention to the issue of marriage fraud in 2009, when she went public with allegations that her Guinean husband left her 29 days after arriving in Canada, in 2007.

China, Philippines and India Top Sources for Immigration to Canada in 2012

Vancouver International Airport, pictured above, was the port of entry of many the over 250,000 permanent residents admitted in 2012

Citizenship and Immigration Canada (CIC) has released immigration figures for 2012, and for the first time since 2009, it shows China regaining its status as the largest source country for immigration to Canada.

From 2010 to 2011, the Philippines was the leading country of origin of immigrants to Canada, but the 32,704 Filipino permanent residents admitted in 2012 were edged out by the 32,990 Chinese immigrants arriving last year.

India remained the third largest source country for immigration to Canada, with 28,889 permanent residents admitted in 2012 – a significant increase from the 24,965 admitted in 2011.

In total, 257,515 permanent residents were admitted in 2012, a level that in the post war era has only been surpassed in 2005 and 2010. The long term trend over the last 18 years shows increasing immigration levels, with Canada admitting an average of 30,250 more permanent residents per year in the 2006 to 2012 period than from 1996 to 2005.

Nearly 10,000 Immigrants admitted through Canadian Experience Class in 2012

A total of 9,780 individuals became permanent residents of Canada through the Canadian Experience Class (CEC) in 2012 (Citizenship and Immigration Canada)

Citizenship and Immigration Canada (CIC) announced on Thursday that the Canadian Experience Class (CEC) admitted a record 9,780 immigrants in 2012, a 30 percent increase from the number admitted in 2011.

The increase is part of a long term plan to make the CEC a bigger part of the immigration system, which CIC set upon after concluding that individuals with prior Canadian work experience were more likely to successfully integrate into Canada’s labour market and economy as permanent residents.

The CEC requires a foreign national to have work experience in Canada in a skilled occupation, defined as an occupation in NOC 0, A or B, in order to qualify for permanent residence.

The requirements for qualifying under the CEC were made more permissive in January 2013, when the minimum two year Canadian work experience requirement was reduced to one year.

For applicants in the post-graduate stream of the program, the time frame during which they could obtain their work experience was increased from up to two years prior the date of the application, to three years.

Citizenship and Immigration Minister Jason Kenney lauded the increase in the number of people using the CEC in 2012, and said the program benefits the Canadian economy.

“The CEC allows these skilled and educated individuals to bring their skills and talents, contribute to our economy and help renew our workforce so that Canada remains competitive on the world stage,” said Kenney.