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.