JULY
2005


MINISTERIAL INITIATIVES FOR 2005

On February 2, 2005, the Honourable Joe Volpe, P.C., M.P. was appointed to the position of Minister of Citizenship and Immigration Canada ("CIC"). Prior to this appointment, he served as Minister of Human Resources and Skills Development.

During the last five months, the Minister has implemented several initiatives to improve the citizenship and immigration application processes. The three key areas targeted were: temporary work permits for students and workers; applications for permanent residence under the family class including spouses/common-law partners and parents/grandparents; and citizenship.

Students

The first initiative allows international students attending public post-secondary institutions to work ‘off-campus’ while completing their studies. Off-campus work is an option for students studying at institutions in provinces that have signed agreements with CIC. The provinces that have signed such agreements to date are: Manitoba, New Brunswick, and Quebec.

The second initiative is the "post-graduation work program", which allows certain students to work for up to two years after their graduation instead of the current one year time limit. In general, foreign students are eligible for a post-graduation work permit only for employment in their field of study. The student must still have a valid study permit and must apply within 90 days of receiving written confirmation from their educational institution indication that they have met the requirements of their program.

Family Class

The Minister announced that spouses and common-law partners of Canadian citizens and permanent residents, regardless of their immigration status in Canada, are able to apply for permanent residence from within Canada under the Spouse or Common-Law Partner in Canada Class and will be allowed to remain in Canada while their applications are being processed. This change applies to situations where there is a genuine relationship and where a family class sponsorship application has been or will be submitted. Background and health checks will continue to be required under the new policy.

The Minister also announced measures to speed up the processing of sponsorship applications for parents and grandparents coming to Canada as family class immigrants. The new measures increase the number of parents and grandparents allowed to immigrate to Canada in 2005 and 2006 to 18,000 each year. This triples the original 6,000 forecasted for 2005.

In addition, the Minister announced that CIC will be more flexible in issuing multiple entry visitor visas to parents and grandparents. This will allow them to visit their family in Canada while their sponsorship applications are in process, as long as they are able to prove that they are visiting temporarily. The normal security and health screening procedures will continue to apply in these cases and the parents and grandparents may be required to obtain health insurance coverage in order to be admissible to Canada.

At the present time, there are an estimated 100,000 parents and grandparents awaiting immigration processing. CIC has budgeted $36 million a year over the next two years to increase the processing of parent and grandparent applications and to cover integration costs once they arrive in Canada.

Citizenship

The Minister announced an investment of $69 million over two years to process citizenship applications more quickly. He also announced that citizenship applicants will now be exempted from undergoing language ability and knowledge-of-Canada tests at 55 rather than 60 years of age. According to the Minister the intention is to "restore the processing time frames to an average of twelve months for a grant of citizenship and four months for a proof of citizenship."

Finally, the Minister announced changes regarding the "resumption of citizenship". Persons who lost their Canadian citizenship as minors between January 1, 1947 and February 14, 1977 can apply to resume their citizenship without having to become permanent residents and live in Canada for one year. The requirements concerning official language ability and knowledge of Canada do not apply to these cases.

 

OVERVIEW OF THE NOVIA SCOTIA NOMINEE PROGRAM

Since 2002, the Nova Scotia Nominee Program ("NSNP") has sought to attract immigrants who meet the province’s industrial, economic and labour market needs, resulting in a more diverse workforce and economy. The NSNP consists of two streams: 1. Skilled Worker Stream; and 2. Economic Stream.

1. Skilled Worker Stream

The NSNP seeks Skilled Workers who wish to settle in the province and who are qualified to fill critical skills shortages. Individuals in most skilled occupations can qualify, provided that a Nova Scotia employer offers standard wages and working conditions for that occupational field. Also, the employer must have exhausted all other means of finding workers.

To become a Skilled Worker through the NSNP, an applicant must meet the following criteria:

  • A guaranteed job offer from a Nova Scotia employer;

  • The desire for permanent, full-time employment;

  • Basic literacy in English, French or both;

  • Minimum of Nova Scotia grade 12 or equivalent (generally, 13 years of schooling); and

  • Legal working age (18).

Skilled Worker applications require a two-stage processing fee of $5,500, which includes a $1,700 non-refundable application fee.

2. Economic Stream

The NSNP allows immigrants to carefully review their work options in the province before making a long-term commitment. Specifically, the Program gives each Economic Nominee a six-month work experience contract with a Nova Scotia employer. This serves as a valuable orientation to basic business operations in the province - as well as a chance to assess the Economic Nominee’s range of job opportunities and the best fit for his/her skills over the long term.

The Economic Nominee must be an experienced manager and/or business owner, and must meet the following criteria:

  • The applicant should have reached the minimum age of 25 years, and be no more than 60 years of age at the time of his/her application;

  • The applicant should have basic skills in English, French or both. These skills include speaking, reading and writing, and need to be sufficient for the applicant to be understood or function in a job situation;

  • The applicant should have a minimum education of grade 12 (or equivalent);

  • The applicant should have owned (wholly or in partnership) and operated a business. OR, the applicant should have two years (in the previous 5 years) of management experience. This experience may be in a business, governmental, institutional, or other organizational unit, either for profit or not for profit;

  • The applicant must have legally accumulated, by his or her own endeavours, a minimum net worth of Canadian $300,000. Documentation is required, supporting the applicant's net worth and method of accumulation;

  • The applicant must make a one-time, non-refundable economic contribution of $128,800. This amount will be held in trust and returned, without deduction or interest, if the applicant is refused a Canadian residence visa;

  • Upon visa issuance and subsequent landing in Canada, the nominee will be able to select, a six-month, middle-management employment contract from a list of companies approved by the Province of Nova Scotia, with a salary of $20,000; and

  • At the time of interview, the applicant must state his/her intention of settling in the Province of Nova Scotia.

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REAL ID ACT CREATES FEDERALLY APPROVED ID CARDS FOR AMERICANS

In May of 2005 the Real ID Act of 2005 was enacted, giving the United States what amounts to a national identification card. The Real ID Act establishes uniform standards for state driver’s licenses, which must include a "common machine-readable technology."

The Real ID Act gives the Department of Homeland Security the power to set the requirements that the states must meet for their drivers’ licenses to be accepted for federal purposes (such as boarding commercial aircraft or entering federal buildings). It will phase in and fully apply in 3 years. Anyone without such an ID card will be effectively prohibited from traveling by air or Amtrak, opening a bank account, or entering federal buildings.

These requirements include verification of the citizenship or lawful immigration status of drivers' license applicants, the issuance of temporary drivers' licenses valid only during the period of lawful stay in the United States to certain categories of aliens, and marking of non-conforming licenses to be recognizable as unacceptable for Federal purposes. Proponents of the Real ID Act say that it is needed to stop illegal immigrants from obtaining drivers’ licenses in the United States.

The Real ID Act requires that federally accepted ID cards must be "machine readable," but lets the Department of Homeland Security determine the details. The machine readable technology could mean a magnetic strip, enhanced bar code, or radio frequency identification (RFID) chips. In the past, the Department of Homeland Security has indicated it likes the concept of RFID chips. The U.S. State Department is already going to be embedding RFID devices in passports, and the Department of Homeland Security wants to issue RFID-outfitted IDs to foreign visitors who enter the country at the Canadian borders. The Department of Homeland Security plans to start a year long test of the technology in July at checkpoints in New York and Washington states. The Department of Homeland Security says RFID will allow officers to assign a unique and automatic identifier to pedestrians and visitors crossing in vehicles and also record their arrival and departure times at the borders. It could give border officers quick verification on the length of a person's stay in the U.S., as well as whether he or she overextended the visa.

 


OLYMPIC UPDATE (NO. 5)

VANOC (Vancouver Organizing Committee for the Olympic Games) has announced that it wishes to attract up to 1,200 employees by 2010.

There will also be 3,000 temporary workers and 25,000 volunteers.

VANOC’s team of full-time staff is now working in departments such as venue development, logistics planning, sport, finance, legal and accommodation.

The Organizing Committee is still looking for managers for risk management, information security, Internet systems and media relations.


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Kenneth Ing
Tel. 604.643.3158
E. kki@cwilson.com



Ron McKay
Immigration Consultant
Tel. 604.643.3148
E. rem@cwilson.com



Neil Melliship
Tel. 604.643.3154
E. npm@cwilson.com



Larry Yen
Tel. 604.891.7715
E. lky@cwilson.com




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Clark Wilson LLP's Immigration Lines is published periodically by the Immigration Group at Clark Wilson LLP. The information contained in
this newsletter should not be treated by readers as legal advice and ought not to be relied on without specific legal counsel being sought. 
Editor: Kenneth Ing © 2005, Clark Wilson LLP. All Rights Reserved.