Newfoundland and Labrador introduces new immigration stream to attract and retain international graduates

After the introduction of Family Connections category just a few weeks earlier, the province of Newfoundland and Labrador has again expanded its Provincial Nominee Program (NLPNP) that targets international graduates who have established strong ties to Newfoundland and Labrador and intend to live, work and establish themselves in this Atlantic province.

The NLPNP International Graduate category allows international students, who have graduated from a recognized Newfoundland and Labrador post-secondary educational institutions, to be considered for nomination for permanent residence in Canada.

To be eligible, applicants must have completed their graduation (a) from a recognized Newfoundland and Labrador post-secondary institution; (b) within the last two years; (c) in a program of at least two academic years of fulltime study; and (d) have received their degree/diploma. Applicants will also require an offer of fulltime employment, in a relevant field of study, from Newfoundland and Labrador employer that meets provincial employment standards and prevailing wage rates. Applicants, who do not have any such offer, will require to demonstrate their attachment with local labor market over at least six-month period with a reasonable expectation for future employment (previous job experience, for example).

The NLPNP International Graduate category further demands that applicants must have obtained a work permit under Citizenship and Immigration Canada’s Post-Graduation Work Permit (PGWP) program. However, if this work permit holder has a job or an offer of job, it must correspond with permit holder’s qualifications, training and specific level of skills.

The applicants of NLPNP International Graduate category will be required to demonstrate sufficient English or French language capability that is usually necessary to perform job duties. They will also require necessary settlement funds to support themselves and any dependents.

To process applications under this category, the Immigration and Multiculturalism Office of Newfoundland and Labrador is not charging any fee at this time.

Graduates of private training institutions may qualify to apply under this category provided they have completed their graduation (a) from a recognized Newfoundland and Labrador "private" post-secondary institution; (b) within the last two years; (c) in a program of at least two academic years of fulltime study; and (d) have received their degree/diploma, and are in a possession of a valid work permit issued by Citizenship and Immigration Canada.

If a graduate of a private training institution in Newfoundland and Labrador has an offer of employment from a Newfoundland and Labrador employer, he/she may also be eligible to apply under the NLPNP Skilled Worker category. Similarly, if someone graduated from an institution (private or public) outside the province and has an offer of employment from a Newfoundland and Labrador employer, he/she may also be eligible to apply under the NLPNP Skilled Worker category.

Students who have not yet completed their post-secondary studies or studied for only one year, foreign government-sponsored students, failed refugee claimant or a refugee claimant living in the Province, parents, spouses, common-law or conjugal partners of Canadian citizens or permanent residents will not be eligible to apply to the International Graduate category.

Canadian provinces and territories move ahead on trade and labor mobility across Canada

To fully harmonize different accreditation and licensing requirements between Canadian provinces and territories, premiers and territorial leaders have finally reached a deal on trade and labor mobility across Canada.

During their two-day annual "Council of the Federation" meeting in Quebec City, the premiers of the Canadian provinces and territories have intended to amend the existing Internal Trade Agreement (ITA) by January 1, 2009 in order to have full labor mobility by April 1, 2009. This agreement means Canadian citizens and permanent residents can find and take jobs in any province or territory of Canada but without going through a separate accreditation and/or licensing process.

Because of different accreditation and licensing requirements across provinces and territories, it has been estimated an about 25 per cent of jobs (in healthcare and engineering sectors, for example) have serious mobility constraints in Canada. These province- or territory-specific accreditation and licensing processes are not only making inter-provincial labor mobility challenging but also barricading a most stimulating labor market developing.

At their next meeting in August 2009, the premiers and territorial leaders will sit again and work out to harmonize the different provincial requirements for job credentials.

Because the evaluation and recognition of qualifications earned outside Canada is a provincial mandate, this is determined by the appropriate provincial or territorial regulatory body. Internationally-obtained qualifications evaluated and recognized by one province are usually need to be re-evaluated by another province where a worker wants to move and enter into the labor force. Although this requirement applies to individuals who plan to work in regulated occupations but most newcomers usually need to know the value of their education, training and work experience they have acquired outside Canada in order to improve their employability.

Bringing into line different provincial requirements for job credentials will certainly help alleviate worker shortages between the provinces and territories, certain occupations, however, will remain exempted. Provincial labor ministers are to meet at a later date to develop a list of the exempted occupations. It could for instance include pharmacists, who are allowed to write prescriptions in Alberta, but not in other provinces.

The premiers also pressed the federal government to commit more financial resources to reduce the visa backlog at the Immigration Department in Ottawa. There are currently more than 925,000 pending requests and provincial and territorial leaders want to bring the figure down to 200,000 by 2011.

Canada considering making HIV a reportable disease after an increase in new infections in immigrants

A recent report by the British Columbia Center for Disease Control (BCCDC) has warned that immigrants with HIV account for a large portion of new infections of the disease in Canada and these immigrants are slipping between the healthcare cracks.

The report titled "Trends in HIV-positive Immigrants and Reporting by Citizenship and Immigration Canada" found that estimated infection rate in 2005 was 12.6 times higher for immigrants – or those connected to them – from HIV-endemic countries than in other Canadians. As a result, about 16 per cent of all new infections in Canada are linked to people born in an HIV-endemic country, yet they make up only 1.5 per cent of the Canadian population.

This study was undertaken with an objective to connect with immigrants who are new to the country and who may not know that help is available for treatment and counseling. Therefore, it suggested that "targeted testing" of immigrants will increase the opportunity to ensure that HIV-positive immigrants are made aware of their status and support expedient counseling, prevention and treatment after they arrive in Canada.

Although Citizenship and Immigration Canada (CIC) is considering making HIV a "reportable" disease, currently it is not, meaning it is not considered a public health risk and it is not mandatory to report infections to public health officials.

In 2001, Health Canada recommended routine HIV testing of all persons applying for immigration to Canada. As of January 15, 2002, CIC requires all immigrants and certain visitors to Canada to undergo an immigration medical examination (IME). Currently a urinalysis, chest X-ray, syphilis serology and an HIV test (applicants aged 15+ and infants having received blood/blood products or born to a known HIV-positive mother) are included in the IME.

Both tuberculosis (TB) and syphilis have been designated by CIC as reportable diseases, while HIV has been designated as a "notifiable" disease. Any individual testing positive for TB and/or syphilis as part of IME must present to public health for assessment within a given period following arrival in Canada. Individuals testing positive for HIV as part of an IME are not required to present to public health upon arrival, and there are no conditions for follow-up in Canada.

From a public health perspective, if HIV were treated as a reportable infection through CIC, that would be one way of improving the timeliness of connecting with these individuals when they come to Canada.

Every province and territory in Canada, however, lists HIV as a reportable disease. As of September 1, 2004, CIC has the responsibility to notify provincial and territorial health officials about HIV-positive newcomers for statistical, educational and resource planning purposes.

Between 2002 and 2006 there were 2,567 immigration applicants who tested positive for HIV during their medical examinations among the 1.2 million immigrants to Canada accepted during the same period. Of those HIV-positive applicants, 89 per cent were determined to be medically admissible to the country.

Canada cracks down on spousal sponsorship applications to fight wedding fraud abroad

After reports showing a surge in fraudulent marriages and use of devious tricks by foreigners to gain entry to Canada, federal government has finally decided to crack down on spousal sponsorship applications.

While fraudulent marriages and marriages of convenience are not a new phenomenon, the issue was taken seriously by the department of Citizenship and Immigration Canada (CIC) few days earlier when "rent-a-guest" marriage scam was caught in New Delhi visa office. During a probe, officials began to notice that the same guests were inexplicably turning up at different weddings in photos that had been submitted as supporting evidence for sponsoring foreign brides and grooms to Canada. Upon further investigation, immigration officers then discovered that several local Hindu temples were setting-up wedding ceremonies for immigration purposes and offering rent-a-guest services replete with garlands and traditional wedding finery arranged by unscrupulous consultants. In 2004, Indian police have also arrested a serial-matchmaker who had been duping women of large dowries after "marrying them" off to his brothers in Canada.

Furthermore, many fraud cases involve a Canadian with good intentions who sponsors a spouse in a foreign country, only to later be betrayed once the new couple arrives in Canada. But immigration officials have also noticed an increase in phony marriages in which both parties are willing conspirators.

To tackle the issue, CIC is now sending investigative teams around the world, especially to high-fraud regions such as India, China and Vietnam, to gather intelligence on staged marriages. The investigative team, said to be made up of five undercover investigators, is a new tool for potential prosecution against the Canadian collaborators.

Additionally, the department has quietly been ramping up its training programs for immigration officers and a staff anti-fraud manual has been updated. A survey and a case assessment tool have also been created to help the regional offices identify gaps.

Meanwhile, the federal government has begun an information campaign in immigrant communities to inform them about this attack on the credibility of Canada’s immigration system and the destabilizing effect that fraudulent marriages have on their community. This campaign also warns sponsors that they will be on the hook financially if their new spouse flees and applies for social assistance.

The legislators of ruling Conservative party have also recently floated a controversial discussion paper to overhaul existing overseas marriage laws. A working group has been formed for this purpose with Canadian lawyers that will try to figure out whether legal changes are required to tackle marriages of convenience as well as how to crack down these.

While many immigration lawyers agree something must be done to prevent phony marriages, they fear more government scrutiny may result in genuine marriages being rejected as fraudulent. A good-faith marriage or an arranged-marriage based on cultural traditions of many nations could be a victim of any such change in immigration laws. These marriages usually lack a period of courtship, which could make it difficult for immigration officers to know whether the marriage is legitimate.

More than 20,000 people enter Canada as new immigrants each year in the spousal category. Just-married foreigners can enter Canada within nine months and gain permanent resident status immediately. In so doing, they are able to bypass skill requirements and queues for economic-class immigrants that can involve waits of up to six years.

Canadians show their clear support for government-sponsored amendments to Canada’s immigration laws

The results of a comprehensive survey on immigration show that Canadians are mostly satisfied with the recent changes to immigration guidelines enacted by the federal government last month.

This online survey of a representative national sample, conducted by Angus Reid Strategies, reveals that two-thirds of respondents, or 66 per cent, support the government-sponsored amendments to Canada’s immigration laws and favor granting the Minister of Citizenship and Immigration the power to fast-track immigration applications of skilled workers in categories that are in demand, and reject others.

A gender, age, and education based analysis of this two-third majority include 73 per cent of males, 69 per cent of Canadians aged 55 and over, and 71 per cent of those with at least one university degree. A region-based analysis tops Manitoba and Saskatchewan with 74 per cent, Alberta with 73 per cent, Quebec with 67 per cent, British Columbia and Ontario with 66 per cent each and Atlantic provinces with 56 per cent.

Two-thirds of respondents, or 65 per cent, believe the new rules will help ease labor shortages in Canada, and three-in-five, or 59 per cent, think they will effectively reduce processing times for immigration applications. However, half of Canadians, or 49 per cent, believe the guidelines will lead to unfair and arbitrary decisions affecting prospective immigrants, and two-in-five, or 41 per cent, fear they will negatively affect the process of family reunification.

More than two-thirds of Canadians, or 71 per cent, believe new immigrants should be encouraged to settle in rural areas rather than urban centers, and a majority of respondents believe Canada should attract immigrants primarily from industrialized countries (58 per cent) or people who come from English- and French-speaking countries (55 per cent). A slim majority of 51 per cent also voiced support for reducing the number of immigrants who enter Canada each year.

More than four-in-five respondents believe attracting high-skilled workers who want to immigrate to Canada (83 per cent) and attracting entrepreneurs and investors who can start business in Canada (81 per cent) are very or moderately important policies.

Having temporary worker programs to address specific skill shortages is third on the list with 72 per cent, followed by encouraging foreign students to stay in Canada after they obtain their degrees with 67 per cent, offering refugee protection to people who may be at risk in their countries of birth with 66 per cent, working to expedite the adoption of foreign children by Canadian citizens and permanent residents with 52 per cent, and reuniting foreign-born residents with family members who live abroad with 44 per cent. Attracting low-skilled workers who want to immigrate to Canada was regarded as a priority for just 25 per cent of respondents.

The survey shows that high-skilled foreign workers and businesspeople are seen as the cornerstones of the immigration system, followed by temporary workers, foreign students and refugees. Less than half of the respondents think it is important for Canada to reunite families and attract low-skilled workers.

Canada announces new funding for occupation-specific language training and employability assistance

Designed specifically for internationally trained professionals, job-specific language training is becoming increasingly common in Canada. This type of customized training not only increases the communication skills of newcomers but also provides better access to professional accreditation and opens doors to the job market.

To promote these objectives, federal government of Canada frequently invests in these training programs and services, under its Enhanced Language Training program (ELT), which are designed and delivered through community and professional associations.

a most recent investment of this kind has been provided to the Toronto and Region Conservation Authority (TRCA) under the $920 million Canada-Ontario Immigration Agreement (COIA). A funding of more than $58,000 will enable TRCA to provide enhanced language training to 40 environmental engineers in Toronto who were trained abroad.

The training will be delivered as part of the Professional Access and Integration Enhancement Program, a joint initiative of the TRCA and several other community and professional associations. Engineers who participate in this program are also offered a 12-month fulltime job placement with a host organization in the environmental engineering field.

Under the same agreement between Ontario and Canada, a funding of $639,969 was provided to Halton Multicultural Council for conducting a 17-week Enhanced Language Training Community Policing program. The program, that delivered occupation-specific language and employbility assistance to participants, was fully supported by the Halton Regional Police Service and the department of Citizenship and Immigration Canada (CIC). At least seven participants were newcomer to Canada with a background in law enforcement and security.

Few weeks earlier, Sheridan College Institute of Technology and Advanced Learning, and Yukon College received over $5.5 million and $129,000 respectively to deliver job-specific language training to help prepare newcomers for jobs in Canada that match their skills and qualifications.

Alberta introduces a fast-track route for H-1B visa holders and their families

The province of Alberta has recently launched a pilot version of a proposed immigration stream to its Immigrant Nominee Program (INP), which would help H-1B visa holders in the United States to start working in Alberta faster by quickly obtaining the permanent residency of Canada. Holders of H1-B1, H-1C and E-3 visas may also be eligible under this pilot.

Because this pilot project targets professional workers with specialized skills and experience, a pre-application requirement to have a fulltime permanent job offer from an Alberta employer has been removed.

This pilot project may allow individuals holding an H-1B visa to apply directly to the Alberta INP providing they meet the criteria for the program. On average, those nominated for permanent residency by the Alberta INP obtain it in 6-18 months.

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.

After its successful end, the pilot project will be added to Alberta’s INP as “Strategic Recruitment” stream, which would facilitate the entry of international workers by not requiring them an arrange employment from an Alberta employer.

This expansion in Alberta’s INP beyond its conventional employer-driven model is part of government’s ongoing efforts to address the critical and growing shortage in the workforce, estimated to be close to 40,000 people and will hit 110,000 people within the next seven years if not tackled. As per this year’s plan, Alberta will accept up to 3,000 individuals under its current employer-driven guidelines while 600 more people will be accommodated under the newly announced Family stream.

A new immigration agreement between Alberta and the federal government has lifted the numerical limit on annual nominations by the Province, so Alberta can now nominate as many people as it could under its INP. The Alberta INP could be an attractive option for those who wish to have their immigration applications fast-tracked.

Canada launches consultations to identify critical occupational shortages and future role of immigration

Beginning July 7, the department of Citizenship and Immigration Canada (CIC) is launching consultation sessions with key stakeholders so as to practically implement the recent changes in Canada’s immigration legislation.

Primarily, the department officials will confer with the representatives of provincial and territorial governments, business, labor, and academic and non-government organization through a series of face-to-face meetings and videoconferencing. Other organizations and interested individuals could also submit their input using an online form available on the website of CIC.

The idea behind these consultations is to gather knowledge and expertise from participants, especially the provinces, to identify critical occupational shortages at workplace/industry/sector/region level on short- and medium-term, the role of immigration in responding to them, and any barriers to recognition and accreditation of foreign credentials. The discussion will also extend to determine the processing priorities of “new” applications (filed on or after February 27, 2008) in the perspective of current labor market needs.

The consultation process will run till the end of July. CIC has scheduled more than ten formal consultation sessions with provinces, territories and other national and regional stakeholders during this time. Other organizations and interested individuals can also submit their feedback online until the end of July. Finally, CIC will organize a roundtable conference on August 15, where Minister will consult with national stakeholders.

After the review of submissions and ideas from all sources, CIC will develop the first “set of instructions” that will be announced by the Minister later this year. By the authority of new legislative changes, the Minister will then issue these instructions to immigration officers on which categories of applications are prioritized, returned with a refund or held for future consideration.

CIC has made sure that every time following such consultations, the instructions will be published in the Canada Gazette and available on CIC website. They will also be tabled in Parliament as part of the Annual Report on Immigration.

To meet the 2008 immigration plan, CIC missions around the world continue to process applications submitted before February 27, 2008. Applications received on or after 27 February 2008 will be placed on hold until immigration officers receive instructions resulting from the consultations. However, federal skilled worker applicants who already have a job waiting for them in Canada will be processed.

Further, the new legislation will not affect agreements with the provinces to process provincial nominees or, in the case of Quebec, Quebec skilled workers, and programs relate to refugee protection, so applications in those areas will continue to process in the usual way. The new legislation is also not intended to affect Canada’s goals for family reunification.

Canada investing in immigrant integration and skills enhancement in the Atlantic Provinces

Besides encourging the immigration in all four Atlantic provinces through the renewal of immigration agreements, federal governemnt of Canada, in partnership with settlement providers, is also providing necessary funding to support the settlement and integration needs of newcomers to these provinces.

During the last few weeks, a settlement funding of over $95 million has been announced for several partner agencies in the province of Nova Scotia. A most recent of these fundings is an investment of over $10.3 million for next three years, which is being provided to several Halifax-area partner organizations and help an estimated 3,000 immigrants in accessing basic settlement services such as language training, counseling and help finding a job. The funding to YMCA Community Outreach and Family Services, Halifax Immigrant Learning Center, Halifax Regional School Board, Metropolitan Immigrant Settlement Association and la Fédération acadienne de la Nouvelle-Écosse will be provided under the Citizenship and Immigration Canada’s (CIC) prominent services including Immigrant Settlement and Adaptation Program (ISAP), Language Instruction for newcomers to Canada and the Host Programs.

Through a new Labour Market Agreement (LMA), federal government will inject approximately $85 million over the next six years into the Nova Scotia labour market for provincial programs to help Nova Scotians upgrade their skills in a variety of sectors, such as information technology, health care and construction. The funding will be used to help individuals often excluded from the labour force, including Aboriginal people, immigrants, and persons with disabilities, to gain access to the training they need to find good quality jobs.

Under the Workplace Skills Initiative of Advantage Canada plan, government is investing over $560,000 in the Work in Nova Scotia (WINS) project. Nova Scotia designed WINS not only to help integrate newcomers into the workplace but also to address skills gaps and labor shortages in small- and medium-sized businesses. It is estimated that approximately 350 individuals and 250 small- and medium-sized enterprises will benefit from this project. WINS is managed by the Metropolitan Immigrant Settlement Association (MISA) and was launched as a bridging program to help newcomers in Nova Scotia achieve their employment goals. The Nova Scotia Office of Immigration will also contribute $36,275 to support the project.

As part of $1.4 billion ‘additional settlement funding package’ to provinces and territories other than Quebec, the Multicultural Association of Fredericton in New Brunswick will receive about $2.7 million to deliver services that will help newcomers become established in Fredericton and surrounding areas. These services include language training, translation and interpretation, and referrals to community resources. The Association will also provide youth settlement workers who will work with newcomer youth in the community.

Under the same federal package, the Multicultural Association of the Greater Moncton Area (MAGMA) in New Brunswick will also receive $1.3 million funding to help newcomers access orientation and other services, including referrals to community resources and assistance, language training in both French and English, and help establishing contacts in their field of work.

For 2008-09, New Brunswick will be receiving more than $2.7 million in basic settlement funding, an increase of more than $900,000 over the previous year.

Another funding, totalling more than $2.6 million over a three-year period, will go to the PEI Association for Newcomers to Canada, Carrefour d’immigration rurale Évangéline, Holland College and Study Abroad Canada in Prince Edward Island. The funding will help deliver settlement services such as language training, translation and interpretation, job search support and resettlement assistance for refugees including temporary accommodations, food and incidentals, orientation sessions and counselling and referral services. It will also go toward culture-bridging activities and anti-racism programs as well as connecting newcomers with volunteers who will help them access services, establish contacts in their field of work and participate in the community.

For 2008–2009, Prince Edward Island is receiving almost $1.4 million in settlement funding, an increase of more than $239,475 over the previous year.