Changes to the Temporary Foreign Worker Program

Earlier today, Human Resources and Skills Development Canada (HRSDC) announced important changes to the Temporary Foreign Worker Program that will come into effect immediately. According to HRSC, these changes are aimed at strengthening and improving the Temporary Foreign Worker Program.

The changes announced today will only impact Canadian employers who need to apply for a Labour Market Opinion (LMO) from Service Canada before being able to hire a foreign worker. The changes are as follows:

• Employers who require an LMO will now be required to pay a $275 processing fee for each position requested;
• Employers will no longer be able to indicate a lanague other than English or French as a requirement unless they can demonstrate it is essential for the position;
• Beginning August 28, 2013, employers will have to advertise the position for a longer period of time and more extensively;
• Demonstrating that hiring a foreign worker will not negatively impact Canadian citizens and Permanent Residents by answering new questions added to the LMO form.

Changes Made to Alberta Immigrant Nominee Program

On Friday, September 13th, the Province of Alberta announced several changes to its Immigrant Nominee Program (AINP). These changes will help to facilitate immigration for certain categories of workers intending to settle in the province.

Food Services Industry Pilot Project – Additional Allocations

Until November 28th, 2013, Alberta employers with workers eligible for this pilot project may nominate up to 20% of their total workforce, per restaurant location, for immigration.

Strategic Recruitment Stream – Addition of Post-Graduate Category

The Strategic Recruitment Category of the AINP now includes a Post-Graduate Worker category.

International graduates of an eligible Canadian institution who are currently working in Alberta may be eligible to apply for nomination without an employer-supported application. Eligible applicants must be currently working in the province on a valid post-graduation work permit, and their occupation must be considered either skilled or semi-skilled.

Alberta Work Experience Category – New Eligible Occupations

Most skilled and semi-skilled occupations are now eligible for immigration through this category. The AINP has published a list of ineligible occupations, with the implication that those occupations not on the list are eligible.

In addition, targeted low-skilled occupations are now temporarily eligible. These are:

• Construction Trades Helpers and Labourers (NOC 7611)
• Other Trades Helpers and Labourers (NOC 7612)
• Light Duty Cleaners (NOC 6662)
• Specialized Cleaners (NOC 6661)
• Janitors, Caretakers and Building Superintendents (NOC 6663)

Skilled Worker Category – New Eligible Occupations

Plasterers, Drywallers, Upholsterers, and Managers /Supervisors in Service, Retail and Food service industries may now be eligible under the skilled worker criteria.

International Graduate Category – Streamlined Criteria

The Employer-Driven stream of this category has been amended. Employers must fulfill the following criteria:

• Be incorporated or registered by or under an act of the legislature of a province or the Parliament of Canada and operating as a business that has an established production capability, plant or place of business in Alberta.
• Provide a job offer to the Candidate for permanent, full-time employment an occupation that falls under an NOC 0, A, B, or C skill level.
• Provide a job offer to the Candidate that meets Alberta’s employment and wage standards.
• Provide a job offer to the Candidate that does not conflict with existing collective bargaining agreements.
• Show they are offering wages and benefits that meet industry standards.

Canada and US Will Share Information to Fight Foreign Criminals

Canada and the United States will be implementing a new information-sharing system aimed at decreasing the number of foreign criminals and ineligible refugee claimants to both countries. The plan, which is to be fully implemented by next fall, will include the sharing of basic information such as an individual’s date of birth, travel documentation and fingerprints.

Information on Canadian and American citizens or permanent residents would not be shared between the two countries.

According to Alexis Pavlich, a spokesperson for Canadian Immigration Minister Chris Alexander, the information-sharing plan “supports mutual efforts to facilitate legitimate travel and protect our common borders through improved screening of visitors before they enter our countries.”

Addressing questions that have been raised about privacy concerns, Ms. Pavilch responded:

“Privacy protection is a primary consideration for us, and the exchange will comply with all relevant Canadian laws, including the Charter of Rights and Freedoms, to ensure that Canadians’ privacy rights are protected.”

Ultimately, both governments anticipate a decrease in ineligible refugee claimants, crime committed by foreign criminals, and a decrease in detention and removal costs associated with sending criminals home. Instead, with the proper information these individuals will never be permitted entry into Canada or the US. In total, both countries anticipate saving approximately $42 million.

Canada’s Foreign Worker Intake on the Rise

Citizenship and Immigration Canada (CIC) has released preliminary estimates of the country’s temporary foreign worker intake for 2013. According to its figures, the country has significantly raised its admissions this year.

From January to June this year, overall intake levels were 5 per cent higher than for the same time period last year and nearly 20 per cent higher than levels in 2011. In total, more than 125,000 new foreign workers entered Canada through June 2013, as opposed to 119,000 in 2012 and 100,000 in 2011.

This surge in foreign worker admissions has occurred despite recent crackdowns to the Temporary Foreign Worker Program.

Permanent Residency for Parents and Grandparents, Live-In Caregivers to Increase in 2014

The Government of Canada has released some of its plans for immigration levels in 2014. Included in these plans are expected increases in the number of permanent residency visas issued to applicants through the Live-In Caregiver and Parent and Grandparent programs.

The Parent and Grandparent (PGP) sponsorship program, which is currently closed, is set to begin accepting applications again in January. In the meantime, the government has been working to quickly process backlogged applications. Its goal to admit 50,000 parents and grandparents over the past two years is set to be surpassed, and a further 20,000 are expected to be admitted in 2014. This will result in the largest number of new permanent residents through this program in nearly 20 years.

“The modernized PGP program will mean faster processing times and shorter waits,” said Citizenship and Immigration Minister Chris Alexander. “It will also ensure that families have the financial means to support those they sponsor, while also protecting the interests of taxpayers.”

Meanwhile, the Live-In Caregiver Program will admit 17,500 new permanent residents next year. This represents almost double the number issued visas this year, and will be the highest number in the program’s history. The program helps qualified caregivers enter Canada to work for employers who have not found Canadians to fill their positions. After two years of work, they may apply for Canadian Permanent Residency.

Canada Launches “First of its Kind” Entrepreneur Start-Up Visa

Citizenship and Immigration Canada (CIC) announced today that it will launch a new program on April 1st, 2013, aimed at bringing the world’s best and brightest entrepreneurs to Canada. According to CIC, the program will be the first of its kind in any country. Its unique partnership model is intended to “position [Canada] as a destination of choice for start-ups”.

The Start-Up Visa Program will connect immigrant entrepreneurs to Canadian organizations with start-up expertise. These organizations will provide important guidance and resources for the new arrivals. It is anticipated that through these partnerships, immigrant entrepreneurs will maximize their business potential, as well as their positive impact on Canada’s labour market.

“Our new Start-Up Visa will help make Canada the destination of choice for the world’s best and brightest to launch their companies,” said Minister Kenney. “Recruiting dynamic entrepreneurs from around the world will help Canada remain competitive in the global economy.”

Prospective applicants to the program will have to first secure the support of a designated Canadian investor group or venture capital fund before they can apply to the Start-Up Visa Program. CIC has already targeted two groups for this role: Canada’s Venture Capital & Private Equity Association, and the National Angel Capital Organization. Each organization will determine which of their members may participate in the Start-Up Visa Program. In addition, CIC has begun working with the Canadian Association of Business Incubation to find businesses incubators that will be added to their list of designated organizations.

Federal Skilled Worker Program Will Include Occupation List

Citizenship and Immigration Canada (CIC) has officially announced that the new Federal Skilled Worker program will include a list of designated occupations.

In an official announcement made late last Friday, CIC specified that three major announcements would be made in April regarding the Federal Skilled Worker Program. The announcements will concern the following:

1. A cap on the number of applications that will be accepted in the first year of intake;
2. A new list of eligible occupations; and
3. The list of designated educational assessment organizations

The new Federal Skilled Worker Program is scheduled to begin accepting applications on May 4th, 2013.

NEW UPDATES...Over 1,000 Super Visas Issued Monthly

Since its launch in December 2011, the new Parent and Grandparent Super Visa program has seen great success. To date, over 15,000 Super Visas have been issued to qualifying applicants. This translates to over 1,000 new Super Visa issuances each month.

The Super Visa program allows Canadian citizens and permanent residents to sponsor their parents or grandparents for long-term visitor status in Canada. Successful applicants receive a multiple entry visitor visa that is valid for up to 10 years. This visa allows parents or grandparents to remain in Canada for up to two years without the need to extend their status.

“The Parent and Grandparent Super Visa provides families with flexibility, and it is clearly growing in popularity,” said Citizenship and Immigration Minister Jason Kenney. “Our government is committed to family reunification. I am pleased to see that more and more parents and grandparents are getting the opportunity to spend longer periods of time with their loved ones in Canada.”

The Super Visa program has been well received in Canada and around the world for its straightforward application, short processing times, and high acceptance rate.

Government Set to Reform Temporary Foreign Worker Program

The Government of Canada has announced that it will be taking steps to reform the country’s temporary foreign worker program to ensure qualified Canadians are not passed up for jobs. This plan, announced in the 2013 budget this past Thursday, has outlined a number of new measures that will be taken to prioritize the hiring of Canadian citizens and permanent residents.

“Canada continues to experience major labour and skill shortages in many regions, and Canadians who are seeking jobs should always be first in line for these opportunities,” read one passage of the budget.

In order to help Canadians are given the first chance in finding available jobs, the government will take the following actions:

• Work with employers to make sure foreign workers are not relied upon in place of qualified Canadians;
• Increase the recruitment efforts that employers must make before hiring a temporary foreign worker, including increasing the ‘length and reach’ of advertising;
• Help employers who currently rely on foreign workers to transition to employing a Canadian workforce;
• Restrict language requirements of foreign workers to only Canada’s official languages (English/French); and
• Introduce fees for the processing of Labour Market Opinions (LMOs)

Last year, over 200,000 temporary foreign workers entered Canada.

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