Ontario introduces the full-fledged version of its pilot PNP with significant improvements and increase in annual quota

To improve the understanding of its nominee program, Ontario government has modified the name of its Pilot Provincial Nominee Program (Pilot PNP) and made several enhancements in order to attract investment and help businesses grow and compete in the changing global economy.

The modified program, called "Opportunities Ontario: Provincial Nominee Program", will give the province the ability to fast-track a limited number of skilled workers through the federal immigration system. "Opportunities Ontario", which is more reflective of the province and program’s immigration purpose, will allow employers and investors to hire foreign skilled workers for any managerial, professional, or skilled trade occupations (listed as Skill Type 0 or Skill Level A and B in the National Occupational Classification) with an increased cap of nearly 1,000 nominees in 2009.

However, the new process will remain employer-driven and candidates will need a genuine offer of permanent and fulltime job from an approved Ontario employer to apply.

Opportunities Ontario has also been reclassified into two broad categories: General for employers and investors who wish to recruit and hire foreign skilled workers and individuals in Canada on work permit, and International Student for those employers looking to recruit international students graduate from a publicly-funded Canadian college or university.

To qualify for nomination as a foreign skilled worker in the General category, applicants must have an approved permanent fulltime job offer in any managerial, professional, or skilled trade occupations. They need to be qualified for the position and have at least two years of work experience. To apply for Provincial Nomination, candidates need to have received an Employer Pre-Screen Approved Position Form, along with the nominee application package from the Ontario employer who has extended them the job offer. The offered wage must meet the prevailing wage level for the intended occupation. If the applicants are currently residing in Canada, they need to have valid legal status.

Under the General category, Ontario employers also have the option to invest in the province. These employers will bring over key foreign employees to be nominated for Canadian Permanent Residency, by making an investment of $3 million to establish or expand operations in Ontario. The investment must create at least 5 new jobs for Ontario residents as well. These requirements have been revised down from the original Ontario PNP requirements of $10 million and 25 new jobs created.

Potential nominees under the International Student category must have graduated within the past two years (or will soon be graduating) from an eligible publicly-funded Canadian university or college. Previously, their offer of fulltime permanent employment had to be in their field of study. Now, this restriction has been removed so that the job offer can be in any managerial, professional, or skilled trade occupations. International student candidates do not need to have any previous work experience to qualify, unlike the federal Canadian Experience Class category. To apply, they too need to have received the Employer Pre-Screen Approved Position Form and application package. The offered wage for the position must meet the entry-level standard for that occupation. If still residing in Canada, applicants need to have valid legal status.

Opportunities Ontario: Provincial Nominee Program is mandated under the Canada-Ontario Immigration Agreement (COIA).

Alberta slightly modifies the application process of its fast-track route for U.S. H-1B visa holders

The province of Alberta has made an adjustment in the application process of its "U.S. Visa Holder Category", which facilitate the entry of U.S. visa holders currently working temporarily in the United States on H-1B, into Alberta’s permanent labor force without requiring them to arrange employment from an Alberta employer.

Added last year into the Strategic Recruitment Stream, the U.S. Visa Holder Category of Alberta Immigrant Nominee Program (AINP) was previously required a candidate to first submit a basic application. After a review of this basic application, AINP issued an invitation to qualified candidates only to submit a full application. If an assessment of candidate’s full application resulted positive, the AINP issued a certificate of nomination to the candidate. The nominee will then be directed to forward a federal permanent residence application to the Citizenship and Immigration Canada (CIC) visa office abroad.

As of January 2009, the modified process of U.S. Visa Holder Category has eliminated the initial invitation portion of the application. Applicants are now required to submit their full application along with necessary supporting documents right away for an assessment.

The U.S. Visa Holder Category of AINP’s Strategic Recruitment Stream was originally created to help fill skill shortages in priority sectors and build Alberta’s skilled workforce for the long term. This category targets professional workers with specialized skills and North American experience to apply directly to AINP providing they meet the criteria for the program. To be eligible, an applicant must be currently employed in the U.S. on an H-1B (or H1-B1, H-1C and E-3) visa and have been working there for at least one year in an occupation where there are skill shortages in Alberta [PDF]. On average, those nominated for permanent residency by AINP obtain it in 6-18 months.

The U.S. Visa Holder Category also allows applicants to start working in Alberta immediately, if they find employment in their field in Alberta just after being approved as a Provincial Nominee but prior to their application for permanent residence with CIC being finalized.

In coming weeks, a sharp boost in the U.S. Visa Holder Category is expected. A recent bill introduced in the United States Senate, if passed, would prohibit American firms that receive federal bailout money from hiring H-1B workers to protect the jobs of Americans by minimizing the number of foreign workers in the country during the current economic troubles. Should the bill pass, Canada, and particularly the province of Alberta, will be an attractive option for these professional workers.

New Democrats demand immediate change to CIC’s spousal sponsorship policy

New Democrats have demanded Immigration Minister for immediate changes to CIC’s current spousal sponsorship policy, which allows officials to deport the spouse if their application decision is delayed beyond the allowable grace period of 60 days resulting in separation of married couples.

Last week, New Democrat immigration critic Olivia Chow (Trinity-Spadina) has brought a motion into the Parliament to stop the deportation of spouses sponsored by Canadians. The motion was adopted by the Parliament’s Immigration Committee and it will be debated in the House of Commons following voting by all MPs in the spring.

"Instead of wasting resources to track down spouses of Canadians who are not guilty of any wrong doing, the Canadian Border Services Agency (CBSA) should focus more on deporting the criminals," says Chow. "Before, a spouse could be deported during the application process even though they are being sponsored by a Canadian. Now, this will not happen."

The wording of Olivia Chow’s motion is as follows:

That the Committee recommend that the government allow any applicant (unless they have serious criminality) who has filed their first in-Canada spousal or common law sponsorship application and the accompanied permanent residency application to be entitled to an automatic stay of removal and a temporary work permit until a decision is rendered on their application.

"This practice was cruel and wasteful of public dollars. When an applicant had to file paperwork all over again while overseas, it delayed the family being reunited," said the New Democrat’s West Coast Citizenship and Immigration critic, Don Davies (Vancouver-Kingsway). "I am glad that common sense prevailed at the Immigration Committee. With Valentine’s Day right around the corner, let’s hope Immigration Minister Jason Kenney can bring love back to these needlessly divided Canadian families by enacting a small change in policy."

Canadian government pledges to improve the labor market outcomes of under-represented groups

Canadian federal government has set aside an extra $50 million for the development of a common framework across Canadian provinces and territories to address the important issue of foreign credentials recognition by September 2009.

Announced in Budget 2009, this extra $50 million over the next two years tops up the $73 million allocated in 2003-2004 for the Foreign Credential Recognition Program. The increased funding will not only go towards the improvement of continuing foreign credentials recognition process but also help develop a common approach across Canadian provinces and territories to provide timely assessment and recognition of foreign qualifications by September 2009.

First Ministers and Territorial Leaders have already endorsed the full labor mobility pact at their January 16 meeting, which will, if implemented, ensure newcomers better access to jobs in their field of specialization.

"Our government created a Foreign Credentials Referral Office that helps foreign-trained workers succeed and put their skills to work in Canada more quickly," said Immigration Minister Jason Kenney. "We are committed to fulfilling our promise to new Canadians to work with the provinces to address the important issue of foreign credentials recognition."

Budget 2009 also launches the "Canada Skills and Transition Strategy". This strategy will provide significant financial resources to a range of programs that will help Canadians weather the economic storm, and provide them with the necessary training to prosper in a changing economy. Resources are being provided for short- and long-term skills upgrading, investments to improve the labour market outcomes of under-represented groups, and to allow workers more time to find the right job and get the training they need.

The new budget further includes measures to increase job growth, consumer confidence, and other economy boosting measures over the next two years. Projections would have a surplus of $700 million by the 2013-2014, which is positive news indeed for all Canadians, current and prospective.

Canada’s first ministers endorse full labor mobility across the country by April 1, 2009

Prime Minister Stephen Harper and the Provincial Premiers and Territorial Leaders have finally endorsed an amendment to the Agreement on Internal Trade (AIT) at the First Ministers’ Meeting on January 16, 2009, which marks a significant milestone toward enhancing labor mobilitiy in Canada.

Under the agreement, any worker certified for an occupation by a regulatory authority of one province or territory is to be recognized as qualified for that occupation by all other provinces and territories.

The Committee on Internal Trade (CIT), comprising Canada’s provincial/territorial labor and trade ministers, has already approved full labor mobility pact that, effective April 1, 2009, will allow Canadian citizens and permanent residents to move freely and take advantage of job opportunities across Canada without going through province- or territory-specific accreditation and/or licensing process.

After first ministers’ endorsement, governments have set a goal whereby any foreign trained worker who submits a full application to be licensed or registered to work in their profession, would be informed of a decision within one year of the application. At that point, the worker would learn whether their qualifications will be recognized, or advised about any additional requirements deemed to be necessary to be fully recognized or directed to alternative pathways or related occupations that would use their skills and experience.

The first year for decisions will be 2010 for a limited number of high-priority occupations to be selected collaboratively with provinces and territories.

However, the new agreement has made clear that, before April 1 change, any exception to full labor market mobility will have to be clearly identified and justified as necessary to meet a legitimate objective, such as the protection of public health or safety, or its application in areas where there are significant differences in local practices, such as forestry.

The first ministers have also agreed to work on a common framework to recognize foreign credentials by September 2009, with an interim report on progress by June 2009.

"Our government created a Foreign Credentials Referral Office that helps foreign-trained workers succeed and put their skills to work in Canada more quickly," said Immigration Minister Jason Kenney. "We are committed to fulfilling our promise to new Canadians to work with the provinces to address the important issue of foreign credentials recognition."

B.C. releases updated newcomers’ guide to settlement resources and services in 11 languages

Home to about 40,000 newcomers every year, British Columbia (B.C.) has updated and released its comprehensive guide to settlement resources and services across the province this week to support newcomers in adapting their new lives in this province.

The 2009 B.C. Newcomers’ Guide to Resources and Services will assist newly arrived immigrants in finding information and services to help them make the most of their decision to move to B.C.

The guide has general information that will help newcomers in their first few months after arrival and includes topics such as finding a place to live, money and banking, healthcare, education, cars and driving, employment and business, the legal system, government and citizenship, and much more. It will be distributed by mail to various immigrant-serving agencies and other key stakeholders and be available for online orders at WelcomeBC, where it could also be downloaded in PDF (4.36MB).

The guide was originally written in the early 1990s. It was last updated in 2002 and translated into five languages. The 2009 edition will be available in 11 languages: English, French, Chinese Simplified, Chinese Traditional, Punjabi, Korean, Farsi, Vietnamese, Arabic, Russian and Spanish. The translated versions will be released throughout 2009. For the first time, the guide will include a brochure explaining the history and milestones of the Aboriginal peoples of British Columbia.

"The Government of Canada is committed to helping immigrants and their families succeed," said Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism. "The B.C. Newcomers’ Guide is a useful tool for newcomers in their integration into Canadian society. It provides valuable information about the services available in their community to help them adapt better and quicker and make a success of their new lives in Canada. Our government is pleased to continue working in partnership with the Province of British Columbia in providing funding for the publication of this resourceful guide."

The Agreement for Canada-B.C. Cooperation on Immigration provides funding through the transfer of approximately $120 million per year from Citizenship and Immigration Canada (CIC) to the B.C. government, which is responsible for administering settlement services for new immigrants.

Canada announces four community-based commemorative and educational projects to honor and celebrate Chinese-Canadians

Canada’s federal government has announced to launch four new community-based commemorative and educational projects to reach out to youths and the Chinese community, to raise awareness of the Chinese Head Tax and other measures that restricted Chinese immigration between 1885 and 1947, to honour the work of those who challenged discrimination and sought redress, and to celebrate the contributions of the Chinese-Canadian community that helped to build a strong and diverse Canada.

Funded under the Community Historical Recognition Program (CHRP), these projects will be delivered by the Simon Fraser University (SFU), the University of British Columbia, the Metro Toronto Chinese and Southeast Asian Legal Clinic, and the Toronto Community and Culture Centre.

Simon Fraser University will receive $200,000 for a one-year project to create a comprehensive and interactive education program for BC high school students. The program will examine the impact of the Head Tax imposed on Chinese immigrants and highlight the contributions of the Chinese-Canadian community to building Canada. SFU will distribute 100 educational DVD packages to 95 public secondary schools and 5 private schools in the Vancouver Lower Mainland. Another component of the program will be to air the video documentary on Fairchild TV, where it can be viewed by the Chinese-Canadian community and the general public.

The University of British Columbia will receive $50,000 to fund research and community workshops examining the Chinese Head Tax. "Remembering the Chinese Head Tax" is an educational project that will be undertaken in partnership with the Initiative for Student Teaching and Research in Chinese Canadian Studies (INSTRCC). The aim of the project is to engage Chinese-Canadian students with members of their community, particularly elders, to conduct oral history research and create and preserve the history and experiences of Chinese-Canadians between 1885 and 1947 under the Chinese Head Tax and the Chinese Immigration Act. This project will run for three years.

The Metro Toronto Chinese & Southeast Asian Legal Clinic will receive $50,000 for a one-year project to create a web-based educational program. The program, to be produced in English and Chinese, will concern the use of legislation in discriminating against Chinese immigrants in Canada, measures that included the Chinese Head Tax and Chinese Immigration Act. It will also recognize the historical contributions made by members of the legal profession who challenged the discriminatory laws. The website will reach a wide segment of Chinese-Canadian newcomers. At the same time, it will be made available for use as a teaching tool in law schools and other learning institutions across Canada.

The Toronto Community and Culture Centre will receive $50,000 for a one-year project aimed at increasing the understanding of Chinese-Canadian youth, particularly from the Mandarin community in the Greater Toronto Area, about the Chinese Head Tax and how this measure affected Chinese immigrants and the Chinese-Canadian community. The project is designed to engage youth in a dialogue about the lives of the early Chinese-Canadians in Canada, the Pacific Railroad history, and the use of legislation in the discrimination of Chinese immigrants in Canada, including the Chinese Head Tax and Chinese Immigration Act. The goal of this project is to broaden understanding and awareness of the Chinese Head Tax and of the contributions made by Chinese immigrants to the building of Canada, and to increase ethnic harmony, especially among Chinese-Canadian youth.

The CHRP was announced in June 2006 as part of the Government of Canada’s comprehensive historical recognition program. This program funds community-based commemorative and educational projects that recognize the experiences of communities affected by historical wartime measures and/or immigration restrictions applied in Canada; and that promote the contributions of these communities to building this country. Eligible projects can include monuments, commemorative plaques, educational material and exhibits.