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NEW IMPORTANT UPDATES

Important Updates on the Federal Skilled Worker Backlog Court Case

As many readers of CIC News are aware, recent changes to Canada’s immigration legislation have called for the closure of Federal Skilled Worker (FSW) files submitted before February 28, 2008. Campbell Cohen law firm has been at the forefront of challenging the legality of these changes. Currently, Campbell Cohen is representing 897 pre-February 2008 applicants and their dependents, and along with other lawyers has brought this issue before the Federal Court of Canada.

If you submitted an application to the FSW program before February 28th, 2008, it is not too late to join. 

A Quick Background

In an effort to better select Canadian Permanent Residents and reduce immigration backlogs, in February 2008 the Canadian government amended the Immigration and Refugee Protection Act. The amendments granted the Canadian Immigration Minister the authority to take action (issue instructions) such as establishing application intake quotas, new application requirements, and new immigration categories. The changes in this amendment apply only to applications submitted on or after February 28, 2008.

The Immigration Minister, under the amendments, made changes to the FSW that included restricting the number of eligible occupations and introducing an intake cap of 20,000 (later reduced to 10,000) applications a year.

These new instructions created a hierarchy within the files waiting to be processed. Newer files were processed faster than those submitted before February 28, 2008. As of March 2012, there was still a significant application backlog. The Immigration Minister therefore made the decision on March 20th, 2012 to eliminate those applications submitted to the FSW program before February 28, 2008. This amounts to the return of approximately 280,000 immigration applications.

A more detailed background can be found in CIC News’ earlier article on the subject.

The Court Case Today

The lawyers arguing the case before Federal Court have two primary objectives. Firstly, they are seeking their cases to be certified as a Class Action Lawsuit. To do this, the Court must be convinced that all applicants who are challenging the decision may be represented as a single unit, or class. If successful, these applicants will have their claims argued in a single Court hearing. The result of the hearing will apply to all applicants. The second objective goes to the merits of the case. The Court must first determine that there is a serious issue to rule on and if it does, then the Court must ultimately decide if the government’s action is legal or illegal. The Certification Hearing will be held in November 2012.

On September 18, 2012 a Stay Motion was presented to the Court wherein the lawyers requested an Order that would prevent the government from beginning the process of terminating applications and returning government processing fees. The Motion was dismissed, but all was not lost because:

• An agreement was reached with the Department of Justice on behalf of Citizenship and Immigration Canada (CIC) to:
• not initiate communication with applicants to process termination of their applications;
• not issue refunds unless applicants directly wish a refund; and
• not destroy files until the outcome of the next step in the proceeding in November
• It is clear following this proceeding that based on fact and law individual applicants can challenge the termination of their applications in Federal Court, if necessary.

ANOTHER NEW RULES FOR YOU KABAYANS

New Rules for Family Class Spousal Sponsorship

Canada has a longstanding commitment to family values. This commitment is reflected in the government’s ongoing efforts to keep immigrant families together whenever possible.

One of the main avenues that Canadians use to bring their loved ones to Canada is the Family Class Sponsorship program. Thousands of family members have received Canadian Permanent Residency through this program. However, at times people have attempted to use the program as a way to sidestep standard Canadian immigration requirements. To encourage legitimate applications, new legislation has recently been implemented to ensure that the Family Class program continues to be a safe and effective way of bringing loved ones to Canada.

What is the Family Class Sponsorship Program?

The Family Class Sponsorship program allows Canadian citizens or permanent residents to sponsor their close family members for Canadian Permanent Residency. For Canadian immigration purposes, close family members are defined as the following:

• Spouse, common-law partner, conjugal partner;
• Dependent child;
• Parent or Grandparent*;
• Brother, sister, nephew, niece, or grandchild
  • Must be orphaned, under 18 years of age, and not married or in a common-law partnership
• Intended adopted child under 18 years of age;
• Other relative, if the Canadian sponsor has no relative listed above and no relatives who are Canadian citizens or permanent residents

*At this time, no new applications for parent or grandparent sponsorship are being accepted. However, interested parties may apply for a Parent and Grandparent Super Visa.

Sponsors in Canada must agree to support their family member socially and financially upon their arrival in Canada. Both sponsors and their family members must be approved to apply through the Family Class program.

New Rules for Spousal Sponsorship

Two new rules have been added for cases of spouse/common-law partner sponsorship. They are the following:

1. 5-Year Restriction on Sponsorship (March 2nd, 2012)

• Canadian Permanent Residents who were sponsored as a spouse/common-law partner cannot become a sponsor themselves until they have been a Permanent Resident for 5 years.
• In this way, fraudulent applicants will not be able to manipulate the program and sponsor a partner living abroad.

2. Two-Year “Legitimate Relationship” Regulation (October 26th, 2012)

• This rule applies to spouses/partners who have been in a relationship for two years or less and who have no children in common with their sponsor at the time of application submission.
• Once in Canada, the sponsored individual will receive conditional Permanent Residency. They must live with their spouse/partner in a ‘legitimate relationship’ for two years, or face the possibility of having their Permanent Residency revoked.
• Exceptions will be made for sponsored spouses or partners who are suffering from abuse or neglect.

The Logic Behind the New Rules

Fraud is always a concern in spousal sponsorship applications because of the somewhat subjective nature of the relationship. Marriage fraud can take a number of forms. Sometimes, a Canadian citizen or Permanent Resident is duped by a foreigner who feigns romantic interest and convinces them to become a sponsor. Other times, intricate marriages of convenience will be undertaken, often with a cash incentive for the involved parties. Fraud disadvantages those who have applied in good faith and waited patiently to bring their loved ones to Canada.

“There are countless cases of marriage fraud across the country,” said Immigration Minister Jason Kenney. “I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system.”

By placing restrictions on spousal sponsorship, it is hoped that incentives for committing fraud will be greatly reduced without discouraging genuine applicants. Other countries, such as Australia and the United Kingdom, have imposed similar restrictions with success. It is hoped that Canada will follow in their footsteps, and no longer be seen as a ‘soft target’ for fraudsters.

CANADA IS THE BEST PLACE TO LIVE MGA KABAYANS

Canadian Economy Creates High-Paying Jobs

Since the beginning of 2012, Canada’s job growth has expanded to include a record number of high-quality positions. This is according to a report by the Canadian Imperial Bank of Commerce (CIBC).

Over 155,000 jobs have been created this year thus far. This is a higher number than economists were expecting. Of these jobs, many were full-time positions in high-paying sectors of the economy. Because of this increase in quality positions, Canada is currently enjoying the highest level of job quality since the beginning of the global economic recession.

Job growth varied from province to province. Quebec outpaced all provinces in terms of total job creation. The leader for most improved job quality was British Columbia, where 90 percent of new jobs were full-time and well paying. Ontario came in a close second.

CIBC explained that one driving factor in the recent surge of quality jobs was an overall expansion of Canada’s manufacturing sector. This sector was responsible for creating 88,000 jobs in the past 6 months – more than half of all new jobs created. These jobs were generally in high-tech, skilled manufacturing fields.

NEW RULES MGA KABAYAN ,New Citizenship Language Rules to Take Force in November

Beginning November 1, 2012, citizenship applicants will
 have to follow new rules to prove their competency 
in one of Canada’s official languages.

“Extensive research has consistently shown that the 
ability to communicate effectively in either French 
or English is a key factor in the success of new citizens 
in Canada,” said Immigration Minister Jason Kenney.
 “We believe it is important that new citizens be 
able to participate fully in our economy and our society.”

The Canadian Citizenship Act requires that all adult 
applicants for Canadian citizenship must be able to 
communicate in either French or English. Previously, 
language ability was assessed on an individual basis 
by Citizenship and Immigration Canada (CIC) officers. 
Beginning in November, CIC will be adopting a more objective 
assessment process. Applicants will be required to submit 
one of the following:

• The results of a CIC-approved third-party test; or
• The evidence of completion of secondary or post-secondary
•  education in English of French; or
• The evidence of achieving the appropriate language level 
• in certain government-funded language training programs.

Providing evidence of language ability will now be required 
in order to submit an application for Canadian citizenship. Applications that are submitted without the necessary 
language documents will be returned.

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THANKS AND HAVE A GOOD WEEKEND TO ALL

Good News Mga Kababayans, Ontario Wants 135,000 New Immigrants Each Year

An expert roundtable on immigration to Ontario has concluded that immigration to the province should be increased to 1% of its population, or approximately 135,000 people a year. Of this number, it is advised that at least 65-70% come economic immigration classes.

In 2001, 2002, and 2005, immigration levels exceeded 135,000 per year. However, immigration levels have dropped slightly as other provinces compete to attract new arrivals. In 2011, just 99,000 immigrants landed in Ontario.

By raising the number of immigrants coming to Ontario, as well as focusing on economic immigration classes, Ontario hopes to infuse its province with an influx of young, productive, and innovative workers. As immigration numbers rise, this will mean that non-economic programs like Family Sponsorship will remain high despite an increase in workers.

Home to Canada’s capital as well as its largest city, Ontario has long been the most popular destination for immigrants coming to Canada. While the majority of its immigrants arrive through the Federal Skilled Worker Class of immigration, the province has also suggested that its Provincial Nominee Program raise its visa issuance quota from 1,000 to 5,000 annually.

Citizenship and Immigration Canada Cracks Down on Marriage Fraud

be aware mga kabayans on new rules in arranged marriage

As part of its ongoing efforts to reduce marriage fraud in Canada, Citizenship and Immigration Canada (CIC) has introduced new legislation related to spousal sponsorship.

Certain sponsored spouses will now be required to live in a ‘legitimate relationship’ with their sponsor for two years after receiving Permanent Residency. If this is not adhered to, Permanent Residency status may be revoked. These measures apply to all applications received on or after October 25th, 2012.

The regulations apply to couples who have been in a relationship for two years or less and who share no children with their sponsor at the time they submit their application. Once Permanent Residency is received in Canada, the couple must continue their relationship for at least another two years.

An exception to the regulations has been put in place for partners suffering abuse and neglect. If evidence of such a relationship can be provided, and the abuse stems directly from the sponsor, the two-year relationship requirement will be waived.

“I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system,” said Immigration Minister Jason Kenney. “Sometimes the sponsor in Canada is being duped and sometimes it’s a commercial transaction. Implementing a two-year conditional permanent residence period will help deter marriage fraud, prevent the callous victimization of innocent Canadians and help us put an end to these scams.”

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our proud FILIPINO KABAYANS who make their famous spotlight around the globe

THE TOP 10 FILIPINOS WHO BECOME 

FAMOUS AROUND THE GLOBE

Filipinos have always made their marks wherever they go around the world, whichever field they would take. Whether they’d be half or full-blooded Filipinos, it doesn’t really matter—they would still have that courageous blood of Rizal in their veins and their achievements would make millions of Filipinos around the globe proud. So since many have already made their marks, I have compiled a list of famous Filipinos that deserve a Hall of Fame Award, Filipino version.

1.Lea Salonga

Who else deserves the highest spot in this list but the very talented and always humble singer-actress that won the hearts of many people all around the world with her compelling voice. She’s the voice behind Kim in Miss Saigon, Mulan, and many other famous musical films.

2.Charise Pempengco

Her fame as one of the most watched in Youtube and most Googled young Filipina singer, may be instantaneous but she sure does deserve the second to the highest spot. She is the girl that has the voice as powerful as that of Whitney Houston and Celine Dion, and fortunate enough to be able to sing together with the latter.

3.Manny Pacquiao—I would dare say that no one in this planet would not know the phenomenal and undefeated Pinoy boxer. His fights never fail to calm the rebels and unite all the Filipinos as well as other nationalities all over the world. When its Pacquiao's fight, its like the world would from revolving on its axis and everything would freeze.

4.Carlo Ocab

I’m a blogger and I would always be proud of this now 15-year-old Filipino blogger who topped and still holds the crown in the most competitive keyword in the internet marketing world, “make money online’’. He started blogging, or atleast being noticed at the age of 13. Wow! His skills only prove that in every work, age doesn’t really matter. And in every field, Filipinos could always excel.

5.Dave Batista, Jr.

Or simply Batista,wrestling fans would always associate his name with one of the best the world has ever have. He may be half-Filipino but he sure do have the skills that every Pinoy could always be proud of.

6.Jasmine Trias

She might have not made it to the top 3 but she has been one of the most influential Filipino-American Idol ever even to the extent that Hawaii even declared a day for her. Her votes could have made her the mayor of her town! She’s undeniably talented and sweet.

7.Vanessa Hudgens

The High School Musical sweetheart and rumored to have auditioned for the teen-thriller, Twilight, for the role of Leah. Needless to say she’s beautiful, talented and very charming.

8.Kiwi Camara—at the age of 19, he was the youngest and one of the brightest law graduate from Harvard. Not much was written about this amazing young man but he was able to prove Filipinos are very intellectual.

9.Nicole Scherzinger—lead singer of Pussy Cat Dolls. Very beautiful, astounding and talented. She deserves a place in the Filipinos Hall of Fame.

10.Arnel Pineda—The Journey,The Voice. Very amazing indeed. After many years of searching for their lead singer, the group has found their man in Arnel. His voice is like no other.