|
|
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.
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.
QUESTIONS OR COMMENTS

For more information on any article contained in
this issue of Clark Wilson’s Immigration Lines or on any
immigration matter, please contact any member of our
Immigration
Group.
IMMIGRATION LINES VIA EMAIL
If you would prefer to receive Immigration
Lines via email, please send your name and email address to webmaster@cwilson.com.
You may access back issues of this and other Clark Wilson newsletters
on our website at www.cwilson.com.
|
|