Uncategorized – Provide Canada immigration services | Vancouver https://htscbc.com Canada Immigration | RCIC | PinMo | Zhang Hui Sun, 28 Jun 2020 01:30:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.5 https://htscbc.com/wp-content/uploads/2017/05/logo-100x100.png Uncategorized – Provide Canada immigration services | Vancouver https://htscbc.com 32 32 An Overview of Removal Orders https://htscbc.com/an-overview-of-removal-orders/ Sat, 14 Sep 2019 04:02:25 +0000 https://htscbc.com/?p=2765
Picture of Zhang Hui

Zhang Hui

Regulated Canadian Immigration Consultant [ICCRC ID: R524643]
Translator (English to Chinese, and Chinese to English)
Interpreter (English to Mandarin, and Mandarin to English)
Practicing lawyer (China)

An Overview of Removal Orders

My article “Removal Orders: “Applying” for a Refusal?” introduced the story of Mr. G, a former permanent resident who left Canada while his appeal against his exclusion order was still in progress, who finally got the order enforced a year and a half after his departure from Canada through an in-person interview. The departure date documented on Mr. G’s confirmation of departure was the date he received it, not his departure date. In May 2018, Mr. L, a permanent resident failing to meet the residency obligation whose departure order appeal was pending, left Canada and faced the same situation as Mr. G: a removal order came into force while he was outside Canada. 
 
Unlike Mr. G’s removal order, with the amendment of s. 240 (2) of the Immigration and Refugee Protection Regulations (IRPR) in November 2018, Mr. L’s was enforced without delay. He received his confirmation of departure from the Canada Border Services Agency (CBSA) within two days of sending them proof of his departure in July 2019, which confirmed his actual departure date. 
 
Why were the processes and outcomes for two people in the same situation so different, and what are removal orders? To answer these questions we must approach their respective backstories in reverse. 
 
Removal Orders
According to s. 44 of the Immigration and Refugee Protection Act (IRPA), a removal order is a legal document issued by Immigration, Refugee and Citizenship Canada (IRCC), the CBSA, or the Immigration Division (ID) of the Immigration and Refugee Board (IRB) that declares the subject of the order inadmissible to Canada. The issuance of a removal order means the subject of the order is not allowed to remain in Canada and must leave after the order comes into force according to the IRPR. 
 
Section 223 of the IRPR stipulates three types of removal orders: departure orders, exclusion orders, and deportation orders. They are defined in ss. 224 to 226 of the IRPR respectively:
  • S. 224: A departure order requires its subject to comply with s. 240 (1) of the IRPR (removal order enforcement in Canada) and leave Canada within 30 days after it comes into force. In complying with s. 240 (1), the subject will later be eligible to re-seek entry into Canada. Failure to do so will turn the departure order into a deportation order. 
  • S. 225: An exclusion order bars a foreign national from coming to Canada for either one year or five years after the enforcement of the order. When the order is issued on misrepresentation grounds, the exclusion period is five years. If the subject wants to return to Canada during the inadmissible period, he or she must obtain an Authorization to Return to Canada (ARC).
  • S. 226: A deportation order blocks the subject’s admission to Canada permanently unless the subject has subsequently obtained an ARC. 
Mr. G and Mr. L were both permanent residents who had the right to appeal the removal orders against them to the Immigration Appeal Division (IAD). Based on s. 49 (1)(c) of IRPA, their removal orders came into force when the IAD dismissed their appeals. Since the two had left Canada before the IAD made its final determinations, they were outside Canada when their removal orders came into force. So, how do they get their removal orders enforced? 
 
Removal Order Enforcement
The enforcement of an enforceable removal order depends on the subject’s location. If in Canada, he or she must follow the conditions set out by s. 240 (1) to get the order enforced prior to leaving Canada. Under these circumstances, the subject must verify their departure with a CBSA officer and obtain confirmation of departure before their departure, and then leave.  
 
Returning to our anecdotes, both individuals had to seek overseas enforcement of their removal orders, an act prescribed by the former s. 240 (2) of the IRPR, in Mr. G’s case, and the current ss. 240 (2) to (4) of the IRPR in Mr. L’s; the changes to s. 240 (2) account for the differences in their removal order enforcement.
 
Before the amendment, the only option for foreign nationals in Mr. G’s case was to apply for a visa, eTA, or ARC, depending on their nationality, to trigger the enforcement assessment. They had to do so regardless of how likely their “applications” were to be approved, as this was the only way to enforce their removal orders. But the procedure was equally painful for a visa officer at an IRCC office overseas, on whom too much onus was placed to establish three facts: the subject’s identity, his or her legal status in the residing country, and admissibility. In practice, IRCC would schedule an interview to confirm the departure of the subject, which was a lengthy process, and the departure time listed in the confirmation of departure was the date of the interview, even though the subject had left Canada much earlier. Hence why Mr. G “applied” for a refusal, with a year-and-a-half discrepancy between his documented departure date and the date he left. 
 
With the amendment, both IRCC officers at overseas visa offices and CBSA officers in Canada are authorized to enforce an unenforced removal order when the subject is outside Canada. If the subject applies for a visa, ARC, or eTA, a visa officer should enforce the removal order upon verifying that the applicant is its subject. Likewise, a CBSA officer in Canada can enforce a removal order when the officer confirms that the subject has departed Canada. Furthermore, s. 240 (4) clarifies that the application of ss. 240 (2) to (3) applies to removal orders before November 1, 2018, when these subsections came into force, which explains why Mr. L’s outcome was more favourable. 
 
This article has provided the basics of removal orders. It is not a legal opinion and does not constitute legal advice. Dealing with any removal order requires solid legal knowledge, so individuals with removal order issues should consult the relevant sections of the IRCCCBSA or IRB websites, or seek legal assistance. 
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解读枫叶卡 https://htscbc.com/%e8%a7%a3%e8%af%bb%e6%9e%ab%e5%8f%b6%e5%8d%a1/ Sun, 02 Jun 2019 05:12:24 +0000 https://htscbc.com/?p=2331
Picture of Zhang Hui

Zhang Hui

Regulated Canadian Immigration Consultant [ICCRC ID: R524643]
Translator (English to Chinese, and Chinese to English)
Interpreter (English to Mandarin, and Mandarin to English)
Practicing lawyer (China)

解读枫叶卡

枫叶卡是为方便加拿大永久居民出入加拿大国境,由加拿大移民局为加拿大永久居民发放的官方证件。对于枫叶卡,存在一些误解。在此一一为大家纠偏。

第一,枫叶卡跟永久居民身份不能划等号;换言之,拥有枫叶卡,不等于拥有加拿大永久居民身份,而枫叶卡过期,更不意味失去永久居民身份。

永久居民身份是加拿大政府给予符合其移民法条件的外国人的身份,这种身份的取得是以加拿大移民法规定为依据的,跟枫叶卡没有关系,也不以枫叶卡为凭证。新移民的第一张枫叶卡的取得是在其登陆加拿大后180天内;从这个简单的事实也可以知道,枫叶卡跟永久居民身份间没有直接关系。

第二,永久居民身份丧失,枫叶卡不再具有使其持有人入境加拿大的效力。永久居民身份的丧失依据的是加拿大移民法第四十六条的规定,跟枫叶卡无关。如果加拿大永久居民依法失去了其永久居民身份,即使其仍持有尚在有效期内的枫叶卡,枫叶卡作为证明其加拿大永久居民身份的证件效力却因永久居民身份的丧失而丧失。

第三,枫叶卡过期,不导致永久居民身份的丧失。枫叶卡的有效期一般是五年,但永久居民身份自取得后,如没有依法丧失,则这一身份始终在。有些移民,登陆取得枫叶卡后即回国生活居住,没有按加拿大移民法规定在加拿大居住。尽管按加拿大移民法规定,未满足居住条件的永久居民将失去其永久居民身份,但是这种丧失不是自动的,而需经相应法律程序。

第四,枫叶卡过期,永久居民身份在,续卡申请是否可获批准取决于申请人是否满足加拿大移民法规定的条件。

枫叶卡过期,申请人申请续卡时,移民局首先启动的是对申请人居住义务的审查。申请人满足居住义务,符合续卡条件,则予以续卡。申请人不满足居住义务,则移民局会作出申请人丧失永久居民身份的决定。如果申请人不就该决定上诉,上诉期满时,申请人即失去永久居民身份。

永久居民的居住义务是加拿大移民法所规定的,未满足居住义务的申请人一般情况下是不可能再延续永久居民身份的。

第五,枫叶卡过期,当事人未在加拿大生活居住,也不打算保留加拿大永久居民身份,中国人遇到这样的情况,还准备到加拿大去的,可考虑向加拿大移民局申请放弃永久居民身份。

小小枫叶卡,折射出加拿大法律的严谨。拥有加拿大永久居民身份的人,有必要要么搞清楚其中法律规定,要么向专业人士请教,以避免不必要的法律隐患。

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The Provincial Nominee Programs of the Northern Territories https://htscbc.com/the-provincial-nominee-programs-of-the-northern-territories/ Thu, 09 May 2019 04:32:36 +0000 https://htscbc.com/?p=2305
Picture of Zhang Hui

Zhang Hui

Regulated Canadian Immigration Consultant [ICCRC ID: R524643]
Translator (English to Chinese, and Chinese to English)
Interpreter (English to Mandarin, and Mandarin to English)
Practicing lawyer (China)

The Provincial Nominee Programs of the Northern Territories

Provincial Nominee Programs (PNPs) are permanent residence programs delivered in partnership between provincial and territorial governments and Immigration, Refugees and Citizenship Canada (IRCC). Aside from Nunavut and Quebec, the other eleven provinces and territories of Canada all possess active PNPs. This article will specifically explore those of the Northwest Territories (NTNP) and Yukon (YNP).

The Northwest Territories and Yukon are vast pieces of sparsely populated land that stretch all the way to the Arctic. While the Yukon possesses the smallest population among Canada’s provinces, the Northwest Territories is its least populous territory. Their long and harsh winters make them rather intimidating and uninviting, yet the midnight sun during summer and auroras in winter give these parts a special vibe. Additionally, the Northwest Territories is home to Canada’s largest national park (Wood Buffalo National Park) and the Yukon boasts the smallest desert in the world (Carcross) as well as the highest mountain in Canada (Mount Logan).

These territories incorporate two main categories, one for skilled workers and another for entrepreneurs. Their skills category is completely employer-driven and requires a permanent full-time job offer from an eligible local employer, while their entrepreneur categories do not accept applicants who have an active application with other provinces. Employers must be entities owned and operated by Canadians or permanent residents.

The Northwest Territories Nominee Program
Skilled workers Category

The NTNP’s skills category consists of three streams: Critical Impact Workers, Skilled Workers, and Express Entry (EE) Stream for Skilled Workers. Both employers and applicants must meet certain requirements. When the immigration authority decides to nominate an applicant, the employer and the applicant must sign a Memorandum of Understanding (MOU) with the authority. If breached, the employer will be barred from using the NTNP for up to three years, depending on the severity of the issue.

The Critical Impact Workers stream is for applicants in NOC C or D occupations and the other two are for those in NOC 0, A, or B occupations. The EE Stream for Skilled Workers pertains only to candidates in the EE pool. The selection criteria include work permit, qualifications and education, work experience, language, and settlement funds. Applicants to the Critical Impact Workers stream hold a valid work permit if they are in Canada and must have worked for the employer at the same position offered in the job offer for at least six months immediately prior to applying.

The other two streams normally require that applicants hold a valid work permit and reside in Canada. However, the immigration authority reserves the right to accept applicants who do not meet this requirement. All streams require that the applicant’s certification and accreditation match the job description of the job being offered, but language level requirements vary. Critical Impact Workers applicants must reach CLB 4, while for Skilled Worker applicants, CLB 6 applies to NOC 0 or A, and CLB 5 for NOC B. Applicants to the Critical Impact Worker stream must possess the requisite settlement funds: $10,000 for one person and $2,000 for each additional person. The other two streams accept a permanent, full-time job offer as a substitute for settlement funds.

Entrepreneurs Category

The Business category sets out the following selection criteria for applicants: (1) possess a minimum of $500,000 in personal net worth if the proposed business is in Yellowknife and $250,000 elsewhere; (2) invest at least $300,000 if the proposed business is in Yellowknife and $150,000 elsewhere; (3) have attained a language level of CLB 4 in either English or French; (4) actively involved in the daily operation of the business, and; (5) reside within 100 km of the business premises and spend 75% of the time in the Northwest Territories as a work permit holder.

Applicants who plan to apply to this category must go on an exploratory visit of the place where their potential business will be located for a minimum of four business days, after which they must schedule an interview with the immigration authority. Submission of a business concept summary before the interview is also mandatory. If the summary satisfies the authority, the applicant will be invited to express interest. Upon approval of an application and before the authority issues the applicant a work permit support letter, the applicant must sign a Business Performance Agreement with the authority and deposit $75,000 as a good faith deposit. If the business performance period is due and the applicant is refused the nomination, the deposit will not be refunded.

The Yukon Nominee Program

The YNP’s skills streams are identical to those of the NTNP: Critical Impact Worker, Skilled Worker, and Express Entry.

Skilled workers Category

The selection criteria for applicants to the skills streams are: (1) hold a valid work permit or study permit, if in Canada; (2) have at least a high school diploma; (3) Critical Impact Worker stream applicants must have a minimum of six months’ directly related full-time work experience in the past ten years (for the other two streams applicants, the work experience requirement is one year), and; (4) language level depends on the NOC: CLB 7 in English or Test d’évaluation du Français (TEF) 4 for NOC 0 or A occupations, CLB 5 or TEF 3 for NOC B, and CLB 4 or TEF 3 for NOC C or D. Yukon immigration officials will contact an applicant’s former employer and education institution to verify the information provided. If they fail to receive a response within four weeks, applications will be returned to the employer due to missing information.

Entrepreneurs Category

Those interesting in applying to the Yukon Business Nominee Program, which features a points system, must obtain a minimum of 65 out of 100 points to be eligible. In addition, the proposed business must belong to these strategic sectors:
– Information technology
– Manufacturing
– Value-added processing
– Forestry
– Tourism products, attractions, services, and facilities
– Energy
– Mining or mineral development
– Agriculture
– Cultural industries
– Film and video production

The selection criteria for applicants are: (1) at least a high school diploma; (2) at least three years of business management experience and five years of work experience related to their business; (3) no previous Canadian immigration refusals; (4) a minimum personal net worth of $500,000 and, of this, at least $300,000 in liquid assets; (5) currently employed in a NOC 0 or A position, and; (6) actively involved in the operation of the business. Home-based businesses are excluded.

The above was a brief and basic introduction to the NTNP and YNP, and it should not be considered as legal advice. Since PNPs change from time to time without warning, potential applicants should consult the relevant provincial or territorial immigration websites for up-to-date information before applying to any stream. For more information about these PNPs, please refer to the official websites of the NTNP and YNP.

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Newcomers Beware: Fake Jobs and Fake Job Offers https://htscbc.com/newcomers-beware-fake-jobs-and-fake-job-offers/ Tue, 02 Apr 2019 05:14:51 +0000 https://htscbc.com/?p=2284
Picture of Zhang Hui

Zhang Hui

Regulated Canadian Immigration Consultant [ICCRC ID: R524643]
Translator (English to Chinese, and Chinese to English)
Interpreter (English to Mandarin, and Mandarin to English)
Practicing lawyer (China)

Newcomers Beware: Fake Jobs and Fake Job Offers

Securing an eligible full-time job after graduation is crucial to international graduates’ successful path to permanent residence in Canada. However, fake jobs and fake job offers, which offer plausible, attractive shortcuts to permanent residency, may rob them of their legal status in Canada.

In recent years, Canada’s immigration policies have favoured international graduates, as both the Canadian Experience Class (CEC) and Provincial Nominee Programs (PNPs) accommodate international graduates. Nonetheless, one year of full-time Canadian experience in an eligible NOC is required by the CEC, and most PNP international graduate streams require a job offer from an eligible employer.

Some streams go even further than this, setting a period of previous local work experience or work for the employer as a mandatory criterion. Since some international graduates are so eager to remain in Canada permanently, possessing little knowledge of the Immigration and Refugee Protection Act (IRPA), fraudsters who sell fake jobs or job offers are thriving.

This article aims to raise awareness of such offers to help international graduates protect their interests.

The Booming Black Market

Fake jobs and job offers related to immigration are neither new nor uncommon. And while fake job offers exist only on paper, fake jobs can take many forms. One example is that applicants may end up doing the work involved, but they would pay their own wages rather than the employer doing so. Though we hear about these scams in the news from time to time, some hopefuls will always maintain the distorted perception that it could never happen to them—but would these individuals be equipped to recognize such offers for what they really are?

In mid-2018, during a business trip back to China, I had a meeting with a client of my law firm in China. I knew that his daughter was an international student studying in Ontario. I had heard that some immigration companies in China were selling certain PNP employer-driven streams at a staggeringly high price because their services were “all-inclusive,” so I asked him if he would pay a Canadian employer to offer his daughter a job to facilitate her immigration to Canada. He said yes without thinking. Then I asked him how much he would pay. After thinking for a while, he replied, “100,000 Canadian dollars.” When I asked why, he answered, “Because they have their expenses. They do something for her, so I pay them.” When I asked him whether he knew that this would contravene IRPA, he was quite surprised, for he did not understand how a reciprocal agreement could qualify as illegal; this sort of immigration business arrangement sounded reasonable to him. I explained the relevant section on misrepresentation from IRPA and advised him always to comply with the law.

His answer showed that he probably had some knowledge of the practice, since the supposed price for a PNP nomination through some skills streams, sold in major Chinese cities by unauthorized representatives, is around $100,000 to $150,000. Unfortunately, here in the lower mainland of B.C., this trick exists as well. The black market is booming at the expense of the integrity of Canadian immigration and the future of the applicants. It brings greater harm to international students than to overseas applicants, as the former already have something to lose on misrepresentation grounds: a life in Canada.

The Pitfalls of Misrepresentation

Section 40 (1)(a) of IRPA states: “A permanent resident or a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act.” Inadmissible means that such individuals are not allowed to enter and remain in Canada. Inadmissibility on misrepresentation grounds bars these individuals’ entrance to Canada for five years, according to section 225 (3) of the Immigration and Refugee Protection Regulations (IRPR).

The following factors determine whether misrepresentation has occurred:
Did the person in question directly or indirectly misrepresent or withhold material facts?
Is the misrepresented or withheld fact material that induces or could induce an error in immigration assessment?
Was the misrepresentation based on an honest and reasonable belief that it does not fall within the interpretation of section 40 (1)(a)?
While direct misrepresentation is relatively straightforward, indirect misrepresentation is not. The most common argument adopted by applicants in such cases is that they were unaware of their representative’s actions. For instance, most of the clients of the unauthorized immigration practitioner Sunny Wang applied this argument as their defense, in vain. In Wang v. Canada (Minister of Citizenship and Immigration), the Federal Court set a judicial precedent that clearly interprets the application of section 40 (1)(a). Pursuant to it, section 40(1)(a) applies to parties without knowledge of the misrepresentation made by other people.

Regarding the second factor in determining misrepresentation, the situation is no less forgiving than the first. The wording of section 40(1)(a)—“induces or could induce”—means that the possibility of inducing an error in immigration administration counts. The genuineness of a job, job offer, and/or work experience are crucial in deciding the eligibility of an applicant and/or whether an application should be approved or refused. Therefore, fake information with respect to any of these can affect this factor.

The last factor, “honest and reasonable belief,” means the applicant has tried his or her best to provide immigration authorities with accurate and complete requested information, but it turns out to be inaccurate or incomplete. This exception for misrepresentation is rarely granted, for the Federal Court holds the exception narrowly. In the situation of a fake job and/or fake job offer, the former is easy to detect, for it is unreasonable that a person would be duped by a fraudulent occupation they presumably know very well. Consequently, a fake job allows no room for consideration of this factor. And while accepting a fake job offer without being aware of its authenticity might genuinely stem from “honest and reasonable belief,” buying a job offer can logically never fit such a description.

To avoid the pitfalls of misrepresentation caused by fake jobs and fake job offers, international graduates should be fully aware of this type of illegal practice, which is all too common. Canada accommodates international graduates in many ways: full-time students of designated learning institutions (DLIs) can work without a work permit both on- and off-campus; graduates of certain DLIs are eligible to apply for a post-graduation work permit, which allows them to legally work in Canada after graduation; all PNPs possess an international graduate stream to welcome members of this group, and the Comprehensive Ranking System (CRS) of Express Entry (EE) awards 15 to 30 points to candidates based on how long they have engaged in full-time, post-secondary study in Canada.

These factors give international graduates the edge when competing with those without Canadian study or work experience, so it is reasonable to conclude that Canada embraces genuine international students with open arms. However, international students must nevertheless study hard, plan, and remain vigilant about immigration schemes that prey on their vulnerability.

To obtain more information about the severe consequences of misrepresentation, consult the relevant provisions of IRPA and IRPR as well as the webpages of the Immigration and Refugee Board.

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A Brief Introduction to the Provincial Nominee Program of Ontario https://htscbc.com/a-brief-introduction-to-the-provincial-nominee-program-of-ontario/ Fri, 15 Mar 2019 04:30:41 +0000 https://htscbc.com/?p=2259
Picture of Zhang Hui

Zhang Hui

Regulated Canadian Immigration Consultant; Translator (English to Chinese, and Chinese to English); Interpreter (English to Mandarin, and Mandarin to English); Practicing lawyer (China)

A Brief Introduction to the Ontario PNP

Like other Provincial Nominee Programs (PNPs), the Ontario Immigrant Nominee Program (OINP) is jointly operated by the Ontario government and Immigration, Refugee and Citizenship Canada (IRCC), and consists of categories for skills immigrants and businesspeople respectively.

Ontario possesses many unique features. It is the most populous province in Canada and doubtless a very popular immigration destination. Both the capital of Canada, Ottawa, and Canada’s largest city, Toronto, call the province home, and the world-famous Niagara Falls is less than a two-hour drive from Toronto. Ontario is also home to several prestigious universities, including the University of Toronto, York University, and the University of Waterloo, which welcome tens of thousands of international students every year. Ontario also plays a leading role in Canada’s economy, providing newcomers with abundant employment and business opportunities.

The OINP comprises three categories, each made up of several streams: the Employer Job Offer and Human Capital categories for workers, and Business for entrepreneurs and international enterprises. The Employer Job Offer category requires applicants to have a full-time permanent job offer from an Ontario employer. The Human Capital category facilitates members of two groups: Ontarian international graduates who have either a master’s or a Ph.D. degree and Express Entry (EE) candidates.

The Employer Job Offer Category

This category incorporates three streams: Foreign Worker, International Graduate, and In-demand Skills.

The Foreign Worker and International Graduate streams both require applicants to have an eligible job offer in NOC 0, A or B. The former also requires applicants to have either a licence for the offered job or two years of work experience in the same NOC in the past five years. The latter sets education as one of its selection criteria, which requires applicants to have received a two-year degree or diploma from an eligible Canadian college or university listed by Ontario immigration. A one-year degree or diploma conferred by a listed Canadian institution that requires a completed degree as a precondition for admission also qualifies. Moreover, the study must be full-time, and applicants should complete more than half the study while living in Canada. The wage offered for the former needs to meet or surpass the median wage—or no less than an applicant’s current wage—if she or he is working in the position offered. For the latter, the median wage standard changes to low wage.

The eligibility criteria for the In-demand Skills Stream include education, work experience, language ability, settlement funds, and occupation. Applicants should have: a Canadian secondary school diploma or equivalent, one year of experience in the same NOC in the past three years, CLB 4 or higher in English or French language skills, and settlement funds equivalent to or above the number set by IRCC for EE programs. Additionally, the job offer must be in NOC C or D in the following occupations:

NOC 7441 – residential and commercial installers and servicers
NOC 7521 – heavy equipment operators (except crane)
NOC 7611 – construction trades helpers and labourers
NOC 8431 – general farm workers
NOC 8432 – nursery and greenhouse workers
NOC 8611 – harvesting labourers
NOC 9462 – industrial butchers and meat cutters, poultry preparers, and related workers

The Human Capital Category

This category includes two streams: Ontario International and Ontario Express Entry.

The Ontario International Stream is split into the Master Graduate and Ph.D. Graduate streams, both of which accept graduates with either a master’s or Ph.D. degree from an eligible Ontario university. Applicants must apply to the stream within two years after acquiring their degree. In addition, applicants must study full-time in Ontario for at least one academic year if applying to the Master Graduate Stream, and two years of Ph.D. study for the Ph.D. Stream.

The mandatory requirements for the Master Graduate Stream, other than education, include language, residency in Ontario, residency when applying, and settlement funds. Applicants must reach CLB 7 in either English or French, have legally lived in Ontario for at least one year in the last two, live in Ontario or outside of Canada when applying, and have adequate settlement funds specified by the IRCC for EE programs. The residency in Ontario and settlement funds requirements apply to Ph.D. Stream applicants as well.

The Ontario Express Entry Stream is open to EE candidates and encompasses three sub-streams: French-speaking Skilled Worker, Human Capital Priorities, and Skilled Trades.

The French-speaking Skilled Worker Stream accepts EE candidates under Federal Skilled Worker (FSW) or Canadian Experience Class (CEC). The stream raises the education bar to a Canadian bachelor’s, master’s, or Ph.D. degree (or equivalent). In addition to its minimum CLB 7 requirement for French language ability, a CLB 6 for English is also mandatory.

The Human Capital Priorities Stream accepts the same two-program candidates in the EE pool. Its education level mirrors the French-speaking Skilled Worker Stream and its language level criterion is CLB 7 in either English or French.

The Skilled Trades Stream is designed for EE pool candidates who are Federal Skilled Trades Program applicants. However, the stream narrows the eligible occupations to NOC Minor Group 633 or Major Groups 72, 73, or 82. It also raises the language level to CLB 5 for the four skills. Though only one year of full-time work experience is required, it must be gained in the past two years. Moreover, applicants must reside in Ontario with a valid work permit when applying to the stream.

It is worth noting that although the Ontario Express Entry Stream does not require applicants to have obtained a job offer, such applicants cannot apply to OINP directly. Instead, OINP will select candidates in the EE pool and issue the selected ones an invitation. Only those who have received an invitation from the OINP in their EE profile may apply to the stream.

The Business Category

There are two streams under this category: Corporate and Entrepreneur. The Corporate Stream suits international enterprises that have been established outside Canada for at least three years with an expansion plan in Ontario to invest a minimum of $5 million. The enterprise may request up to five key staff to establish the business who may be nominated by Ontario. The appointment of key staff, however, requires the company to create five employment opportunities for Canadians or permanent residents. The key staff must have work experience with the international company for a minimum of three years in the last five in the intended position and one continuous year in the position in the last 12 months. Only one NOC A staff is allowed; others must be in NOC 0. All key staff must not be an immediate family member of an executive board member, director, or shareholder who has more than 10% equity. Nor should such staff hold equity, unless it is obtained through their employment contract, in which case it must be less than 10%.

The Entrepreneur Stream requires applicants to meet the following minimum selection criteria: (1) have 36 months of full-time business experience in the last 60 months; (2) possess $1,500,000 net worth and invest $1,000,000 if the proposed business location is within the Greater Toronto Area (GTA), and $800,000 net worth and $500,000 investment if outside the GTA.; (3) create two full-time positions for Canadians or permanent residents within 20 months of establishing the business with a median level wage.

This brief article has introduced the main compulsory requirements for applicants to the OINP. Since the OINP imposes many other requirements, and since the program may change without prior notice, checking the OINP website for up-to-date program guides is a must prior to applying. Detailed information can be found on this website.

 

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Removal Orders: “Applying” for a Refusal? https://htscbc.com/applying-for-a-refusal/ Thu, 07 Mar 2019 06:05:48 +0000 https://htscbc.com/?p=2242
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Zhang Hui

Regulated Canadian Immigration Consultant; Translator (English to Chinese, and Chinese to English); Interpreter (English to Mandarin, and Mandarin to English); Practicing lawyer (China)

Removal Orders: “Applying” for a Refusal?

Starting the clock on your removal order is not always simple.

When applicants apply to Immigration, Refugee and Citizenship Canada (IRCC), none of them expects a refusal. Yet there is one special case in which applicants know from the outset that they will likely be refused, but must apply regardless. Why?

Such cases occur when an applicant is outside Canada but under an unenforced removal order. Let’s follow Mr. G’s story to explore this scenario and acquire some knowledge of removal orders.

Backstory

Mr. G is a Chinese national with no English language ability. He became a permanent resident of Canada when he landed with his family in Vancouver, in 2009. As a businessman, he spent most of his time in China where his business is located. When he needed to renew his permanent resident card in 2014, he unknowingly retained an unauthorized immigration practitioner who advised him to have his PR card renewed despite his failing to meet the residency obligation. Mr. G complied, signing the blank forms and paying the fee.

While he was expecting a positive result, he was ultimately found inadmissible due to misrepresentation, as the unauthorized practitioner had altered some entry and exit stamps on the copy of his passport. Such falsification created the misleading impression that Mr. G had lived in Canada for more than 730 days in the last five years when he had only spent around 200 days in Canada during that time.

The Immigration Division (ID) of the Immigration and Refugee Board (IRB) then issued Mr. G an exclusion order, which he appealed to the Immigration Appeal Division (IAD) of the IRB. He left for China while his appeal was still pending. In June 2017 his appeal was dismissed. Though frustrated, he accepted the result, thinking that he could come back to Canada by obtaining a visa.

Mr. G knew that he would be barred from Canada for five years. When he contacted a Regulated Canadian Immigration Consultant (RCIC) to discuss his situation, she told him (much to his surprise) that his five-year period had not yet started. Although he had left Canada voluntarily in 2016, his removal order had not yet been enforced. She told him that he had to apply for a visa to have his removal order enforced. She also advised him that his visa application, as she predicted, would be refused, but that this was the only way to “start the clock.”

Mr. G was shocked, but he had no choice. He retained the RCIC to apply for the visa. The RCIC explicitly asked for the enforcement of Mr. G’s removal order in her submission letter when preparing the application. In November 2017 IRCC refused Mr. G’s visa application without initiating the enforcement proceeding. After the RCIC had contacted IRCC several times, persistently asking for the removal order enforcement, IRCC scheduled an interview for Mr. G and enforced his removal order in May 2018.

Mr. G’s story shows that leaving Canada voluntarily does not equate with the enforcement of a removal order, and that getting an unenforced removal order enforced, while overseas, can be painful and tiring. So, what exactly are removal orders and how are they enforced?

Authority and Types of Removal Orders

A removal order is a legal document demanding that an individual leave Canada. The Immigration and Refugee Protection Act (IRPA) sets out the situations for the issuance of a removal order. Section 44(2) of IRPA prescribes that the Minister may issue a removal order to a permanent resident where he or she has failed to comply with the residency obligation. Section 45(d) of IRPA specifies that the ID shall make a removal order to a foreign national who has not been authorized to enter Canada where the ID suspects his or her admissibility, and make a removal order to a foreign national who has been granted entry to Canada or a permanent resident when they are inadmissible.

Sections 223 to 226 of the Immigration and Refugee Protection Regulations (IRPR) itemize three types of removal orders: departure orders, exclusion orders, and deportation orders. The person under a departure order must depart from Canada within 30 days after the order becomes enforceable. Failing to do so turns the departure order into a deportation order. An exclusion order bars the foreign national in question from entering Canada for one year or five years after its enforcement, depending on the grounds for removal. In cases where the removal order has been issued on misrepresentation grounds, the person concerned is barred from Canada for five years. The deportation order permanently bars the person from entering Canada.

After a departure order has been enforced according to section 240(1) of the IRPR, the foreign national may apply to return to Canada. A person described in an exclusion order must obtain an authorization to return to Canada (ARC) if he or she needs to visit Canada during the exclusion period. The ARC application applies to the deportees in deportation orders as well.

Mr. G’s story is not unusual — he inadvertently prolonged his exclusion period because he did not know the difference between the coming into force and enforcement of removal orders. Moreover, he mistakenly thought his departure from Canada meant that no enforcement would be needed. A worse situation may befall foreign nationals who are involved in a departure order; the expiry of the 30-day voluntary departure period will turn them into deportees if they have not got their removal order enforced properly in that timeframe. How, then, should removal orders be enforced?

Enforcement of Removal Orders

Pursuant to section 240 of the IRPR, removal orders may be enforced either in Canada or overseas. A removal order is enforced when the person concerned (1) appears before an officer at a port of entry before his or her departure to verify the departure; (2) obtains a certificate of departure; (3) departs from Canada; and (4) is authorized to enter the destination country. In Mr. G’s case, he left Canada when his exclusion order had not yet come into force, thus his departure could not be verified even though he had left Canada before the appropriate time.

As he was barred from Canada for five years, Mr. G had to get his removal order enforced overseas. Overseas enforcement occurs when the subject of an unenforced removal order applies for a visa, ARC, or electronic travel authorization (eTA). The assessing officer should enforce the removal order after an examination but before the application assessment. The examination includes verifying the following factors: (1) the applicant is the person in the removal order; (2) he or she has been admitted to the country where he or she resides lawfully; and (3) he or she is not inadmissible on the grounds of security, violating human or international rights, serious criminality, or organized criminality.

Though the enforcement regulations are clear, enforcing a removal order overseas is not as easy as it is from within Canada. It is unclear what causes officers to overlook the enforcement part where there is an unenforced removal order in a visa or ARC application, as in Mr. G’s case. The person’s legal status in their country and other inadmissibility grounds could be the reason, as such factors may burden the officers with too much responsibility. Currently, an amendment to removal order enforcement has been proposed, which intends to straighten this kind of situation out. The amendment only requires officers to confirm, through the enforcement examination, that the person in question is the one in the order.

This article is for information purposes only. Individuals who have been issued a removal order should consult with either a Canadian lawyer or RCIC for legal advice. For more information about this topic, please refer to the webpages of either IRCC  or IRB.

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The Provincial Nominee Program of Manitoba and Saskatchewan https://htscbc.com/the-provincial-nominee-program-of-manitoba-and-saskatchewan/ Sat, 16 Feb 2019 06:35:39 +0000 https://htscbc.com/?p=2219
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Zhang Hui

Regulated Canadian Immigration Consultant; Translator (English to Chinese, and Chinese to English); Interpreter (English to Mandarin, and Mandarin to English); Practicing lawyer (China)

The Provincial Nominee Program of Manitoba and Saskatchewan

Provincial Nominee Programs (PNPs) are permanent resident programs co-administered by provincial and territorial governments and the federal government of Canada. Regardless of the elaborate names the provinces and territories adopt for them, PNPs are composed of two major categories: a skills category recruiting foreign workers and a business category recruiting businesspeople.

This article introduces the respective PNPs of Manitoba and Saskatchewan. Though the two adjoining prairie provinces may discourage some potential newcomers due to their extremely cold winters, they do have their charms. Manitoba has the sunniest winter in Canada despite its frigid temperatures, and it is the longitudinal centre of Canada, while Saskatchewan is best known for its grain farming and proudly labels itself the “Land of Living Skies.”

Manitoba was the first province to launch its own immigration program, yet it is still facing a labour shortage, which makes admission and retention of its provincial nominees equally important. Another fact worth mentioning is that Manitoba is the last province to have incorporated the Express Entry (EE) into its PNP, which it did in January 2018. Saskatchewan is one of the very few provinces that facilitates EE candidates without a full-time job offer from an eligible local employer. Meanwhile, its mandatory six-month business operation period before entrepreneurs may apply for the nomination is relatively short when compared to other PNPs’ business category.

The Manitoba Nominee Program (MPNP)

The MPNP consists of three categories: Manitoba for Skilled Workers, International Education Stream (IES), and Business Investor Stream. The skills category provides two streams: Skilled Worker in Manitoba and Skilled Worker Overseas. The IES, which has come into existence only recently, is intended for Manitoba graduates. The three streams of the IES indicate that it is an integration of skills and business: Career Employment Pathway, Graduate Internship Pathway, and International Student Entrepreneur Pilot. The business stream encompasses two pathways: Entrepreneur Pathway and Farm Investor Pathway (FIP).

The Skilled Worker in Manitoba stream sets two basic criteria for applicants: they have been working on a full-time basis for a local eligible employer continuously for at least six months; and they have obtained a long-term, full-time job offer from the same employer. Where applicants are graduates from other Canadian provinces, the requirements for the full-time working period extend to one year. The stream does not recognize work experience gained without a work permit and unauthorized work, nor does it accept self-employed and full-time students’ work experience. Job-ready language skills are required, but only applicants whose skill level is National Occupational Classification (NOC) C or D are requested to submit a language test result to prove that their language level has reached Canadian Language Benchmark 4 for English or Niveaux de compétence linguistique canadien (NCLC) 4 for French.

The Skilled Worker Overseas stream is open to overseas foreign workers who have a strong connection with Manitoba. To be eligible, a candidate must either: (1) have a Manitoban supporter, either a Canadian citizen or a permanent resident who is a family member or friend; (2) have previously studied or worked in Manitoba for at least six months; or (3) have been invited to apply by the MPNP. The province introduces two point-grid systems to select candidates: registration point-grid and candidate assessment point-grid. First, applicants must get 60 points out of 100 to be able to register with the MPNP. Then, after registration, candidates in the pool are ranked against a point system of a maximum of 1000 points. Previous study or work experience in Canadian provinces other than Manitoba cause deduction of 100 points each. The MPNP launched two pathways for this stream in January 2018 and February 2019 respectively: the Manitoba Express Entry Pathway and Human Capital Pathway. In addition to the above eligibility requirements, both streams require applicants to have a minimum of six months’ work experience in an occupation on the In-Demand Occupations list of the province, which further narrows down its access for overseas skilled workers.

The Career Employment Pathway and Graduate Internship Pathway of the IES share some common criteria: (1) applicants are graduates who have graduated from a designated post-secondary institution in Manitoba within three years; (2) their language level has reached Canadian Language Benchmark 7 or NCLC7; (3) they possess adequate settlement funds; and (4) they reside in Manitoba when applying to the stream. Nevertheless, the two streams suit different graduates and have their unique features. The Career Employment Pathway requires applicants to obtain a minimum of a one-year, full-time job offer from an eligible employer for which they have worked. It also requires that the position be related to their major and falls within the In-Demand Occupations listed by Manitoba. The Graduate Internship Pathway is restricted to Manitoba graduates who have completed either a master’s or doctoral degree. Though a job offer is not a condition, these graduates must have completed an eligible internship.

The International Student Entrepreneur Pilot of the IES is a business stream that accepts a maximum of 20 graduates aged 21 to 35, who have completed a minimum of a two-year, full-time academic program in the province. Language and residence requirements mirror the other two streams, but settlement funds double. Previous experience constitutes a favourable factor, yet not an eligibility requirement.

The Entrepreneur Pathway of Business Investor Stream requires that applicants, at a minimum: (1) possess $500,000 net worth; (2) have three years of business operation experience as either an owner-manager or an employee-manager; (3) have reached Canadian Language Benchmark 5 for English or NCLC 5 for French; (4) invest $250,000 if the proposed business location is in the capital area, and $150,000 if outside that area; (5) have a high school education; and (6) create one full-time employment for Canadian citizens or permanent residents.

The FIP of the Business Investor Stream is for farmers who have owned and operated their own farm for at least three years of the last five. Its net worth eligibility criterion equals the amount of the Business Investor Stream. A minimum of $300,000 investment is required and the language level is not specified, though the latter nevertheless remains a crucial assessment factor. The stream also demands that applicants reside on the farm and limits the farm to one that produces primary agriculture products. Approved FIP applicants need to transfer a deposit of $75,000 to the MPNP.

The Saskatchewan Nominee Program (SINP)

Saskatchewan classifies the SINP into four categories: International Skilled Worker Category, Saskatchewan Experience Category, Entrepreneur Category, and Farmer Category. The two skills categories break down into the following streams:

The International Skilled Worker Category, which is for workers who are not in Saskatchewan when applying to the category, includes:
Employment Offer
Occupation In-Demand
Saskatchewan Express Entry
The Saskatchewan Experience Category, which is open to workers working in Saskatchewan, includes:
Skilled Worker with Existing Work Permit
Semi-skilled Agriculture Worker with Existing Work Permit
Health Professionals
Hospitality Sector Project
Long-Haul Truck Driver Project
Students
The Entrepreneur category is unitary. The Farm Category sets up a stream for young farmers under 40 years old.

The Employment Offer requires applicants to obtain a job offer from a local employer in skill level 0, A, B, or designated trades listed by the province. In addition, they must have at least (1) one year of experience related to the offered position; (2) a score no less than 60 out of 100 of the province’s point system; and (3) reached Canadian Language Benchmark 4 for language.

The Occupation In-Demand stream is only open to workers in the occupations that are defined by the province as in-demand. A job offer is not requested. The minimum score, work experience, and language level requirements of the Employment Offer apply to this stream as well. It further requires that applicants complete at least one year of post-secondary education and possess adequate settlement funds. Moreover, since most of the in-demand occupations are licensed, applicants must be licensed to be eligible.

The Express Entry stream is among one of the most accommodating PNP streams. EE candidates may register with the province through this stream if they score at least 60 out of 100 of the province’s point system. The province selects high-ranking candidates to apply for a nomination.

The Saskatchewan Experience Category admits workers who have obtained a job offer from a local employer in qualified NOC skill levels, and have been working for the same employer for more than six months. Job offers need to be approved by the province. Skill level C applicants should reach language level Canadian Language Benchmark 4. Additional requirements for each stream are noted below.

For the Skilled Worker with Existing Work Permit, job offers should be in skill level 0, A, B, or designated trades listed by the province. The Semi-skilled Agriculture Worker with Existing Work Permit is aimed at workers in NOC 8431 and 8432. Applicants need at least to have a high school education and obtained their existing work permit through the Seasonal Worker Agricultural Program, International Experience Canada, or Temporary Foreign Worker Program.

The Health Professionals stream targets physicians, nurses, and other health professionals who have been working in their profession for at least six months and have obtained a job offer. For physicians, job offers must be offered by the provincial health authority or the health education institution for which the physicians are currently working. For nurses, the offer should be issued by the Saskatchewan Health Authority, the Saskatchewan Cancer Agency, or a publicly-funded health employer. Offers to other health professionals may come from either the two eligible employers for nurses or a health employer; these health professionals need to demonstrate that they are eligible to the licensure of the province where their occupation is regulated.

The Hospitality Sector Project accepts workers working in NOC 6513, NOC 6711, and NOC 6731. Other than meeting criteria that apply to all streams of the Saskatchewan Experience Category, completion of a minimum of grade-12 education is imposed on this stream. In addition, the employer must be an approved Saskatchewan Hospitality employer. Long-haul truck drivers through the Long-Haul Truck Driver Project must hold a valid 1A driver’s licence issued by the province. Their supporting employer must be a SINP-approved Saskatchewan trucking firm, and their work permit must be supported by a Labour Market Impact Assessment (LMIA).

The Students stream is open to Canadian post-secondary graduates. Applicants must hold a valid post-graduation work permit (PGWP) and have obtained six months of work experience in the province. Job offers must match their field of study. Paid work experience acquired during their study counts for graduates of the province, not for graduates of other provinces. Moreover, only work experience directly associated with their training will be considered for graduates from other provinces.

The Entrepreneur Category sets out the following minimum requirements for applicants: (1) have $500,000 in net worth; (2) invest $300,000 if the proposed business is either in Saskatoon or Regina, otherwise $200,000; (3) acquire three years of business management experience in the past ten years; and (4) create two full-time employment opportunities for Canadian citizens or permanent residents if the business location is in Saskatoon or Regina.

The Farmer Category restricts its access to farmers who plan to set up a farm in the province producing crops and livestock. Applicants should have farm operation knowledge and experience to operate the proposed farm. Other applicable criteria are; (1) a minimum of $500,000 in net worth; (2) no less than five working days’ exploratory visit to the province; and (3) a $75,000 deposit. The net worth amount reduces to $300,000 for applicants younger than 40, but three other requirements get added to the stream: (1) applicants have three years’ experience in farm ownership, management, or experience; (2) the proposed farm is able to generate a minimum of $10,000 in annual revenue; and (3) applicants or their spouse possess adequate employment skills that may supplement their farming income.

The above has outlined the basic eligibility criteria of MPNP and SINP streams. PNPs are complicated and change from time to time, so consulting the relevant PNP websites for up-to-date program guides is a must prior to applying. Detailed information can be obtained from the provinces’ websites listed below:

The Manitoba Nominee Program (MPNP) 

The Saskatchewan Nominee Program (SINP)

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Pathways to Canadian Permanent Residence: The PNPs of the Atlantic Provinces https://htscbc.com/pathways-to-canadian-permanent-residence-the-pnps-of-the-atlantic-provinces/ Fri, 01 Feb 2019 05:37:11 +0000 https://htscbc.com/?p=2182
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Zhang Hui

Regulated Canadian Immigration Consultant; Translator (English to Chinese, and Chinese to English); Interpreter (English to Mandarin, and Mandarin to English); Practicing lawyer (China)

Pathways to Canadian Permanent Residence

The PNPs of the Atlantic Provinces 

Come to New Brunswick, Newfoundland and Labrador, Nova Scotia, or Prince Edward Island through one of their nominee programs.

Provincial Nominee Programs (PNPs) are permanent residency programs co-administered by the provincial and territorial governments and the federal government. While the selection criteria are set by the former, the admissibility assessment and permanent residency visa issuance are the latter’s domain.

Intent to reside in the province is the legal basis and mandatory requirement for all PNPs. Currently, eleven PNPs exist and each generally falls into two main categories of skills and business. This article will cover the PNPs of the four Atlantic provinces, namely New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island.

Though the four provinces are relatively small in both land area and population, they are rich in culture and bear some unique features: New Brunswick is the only officially bilingual province documented in the Canadian Charter of Rights and Freedoms; Newfoundland and Labrador is the easternmost province of Canada; Nova Scotia is the creator of the international graduate entrepreneur stream; and Prince Edward Island is the smallest Canadian province.

The New Brunswick Provincial Nominee Program (NBPNP)

The NBPNP consists of three streams: Express Entry Labour Market Stream (EELMS), Skilled Worker with Employer Support, and Entrepreneurial Stream. The former two target foreign workers, while the Entrepreneurial Stream suits foreign business people. All three streams have a point system with a maximum of 100 points and share the same age requirement: 22 to 55.

The EELMS’ selection criteria are similar to the Federal Skilled Worker (FSW) program, and it only accepts candidates through the FSW category in the Express Entry (EE) pool. Updated on November 28, 2018, the stream requires that applicants be living and working in New Brunswick with a job offer from the employer.

The Skilled Worker with Employer Support stream is for foreign workers with a score of no less than 50 who have obtained a local eligible employer’s job offer. The stream is open to applicants of all skill levels from the National Occupational Classification (NOC), but for NOC skill level C and D applicants the skill types are restricted to 1, 3, 7, 8, and 9 of the NOC. The four language skills of applicants must all achieve the minimum of basic level. Furthermore, skill level C and D applicants must submit the language test result to prove their language ability has achieved at least level 4 on the Canadian Language Benchmark.

The Entrepreneurial Stream requires foreign entrepreneurs to meet the minimum mandatory requirements and score no less than 65. At a minimum, they must also (1) have $600,000 CAD net worth, of which a minimum of $300,000 CAD is liquid and unencumbered; (2) invest $250,000 CAD; (3) create two full-time equivalent jobs for local Canadian citizens or permanent residents; (4) reach Canadian Language Benchmark 5; (5) possess a two-year post-secondary education after high school, and; (6) have three or five years of experience, depending on whether they are an owner-manager or employee-manager.

The Entrepreneurial Stream is currently on pause.

The Newfoundland and Labrador Provincial Nominee Program (NLPNP)

The NLPNP provides five categories: Express Entry Skilled Worker, Skilled Worker, International Graduate, International Entrepreneur, and International Graduate Entrepreneur. All the worker categories require a minimum of a two-year job offer from an eligible local employer. The age range for Skilled Worker, International Graduate, and International Entrepreneur is 21 to 59, and 21 years or older for International Graduate Entrepreneur. The two entrepreneur categories were launched in January 2019.

The Express Entry Skilled Worker category of the NLPNP accepts candidates from the EE pool regardless of which federal program they have registered with, but limits access to applicants who score a minimum of 67 out of 100, the province’s selection grid. Moreover, applicants’ language level must match the level declared in their EE profile, have a minimum of one year of post-secondary education, and possess a work permit that has been valid for at least four months or are eligible to apply for one.

The Skilled Worker category shares the same work permit requirement as the Express Entry Skilled Worker. It requires applicants to have the language ability to perform the job duties; those from NOC C and D occupations much have reached Canadian Language Benchmark 4.

The International Graduate stream accommodates applicants who have completed half of their studies in Canada and a minimum of two years of full-time study in an academic program or a one-year graduate program. In addition, applicants must have graduated from a publicly funded Canadian college or university. Its language requirement mirrors those of the Skilled Worker stream. The stream requires that applicants’ post-graduation work permit (PGWP) have at least six months’ duration left at the time of applying. The requirements that an applicant have at least one year of work experience and that their field of study matches the job being offered apply to international graduates from provinces other than Newfoundland and Labrador.

The International Entrepreneur category is comprised of two streams: Starting a New Business and Purchasing an Existing Business. While they share basic eligibility criteria, each of them has some unique requirements. The eligibility criteria include (1) $600,000 CAD net business and personal assets; (2) a $200,000 CAD investment; (3) one full-time equivalent job for local Canadian citizens or permanent residents; (4) Canadian Language Benchmark 5 for language ability; (5) a high school diploma for education, and; (6) two years out of the last five (for owner-managers) or five years out of the last ten (for employee-managers) in business operation experience.

The International Graduate Entrepreneur category facilitates international graduates holding a valid PGWP who have graduated within two years of expressing their interest to apply. Applicants must have graduated from a minimum two-year, full-time academic program at Memorial University or College of the North Atlantic, have a minimum of one year of ongoing active business operation in their own business, and a language level of Canadian Language Benchmark 7. The job creation criterion is identical with that of the International Entrepreneur.

The Nova Scotia Provincial Nominee Program (NSPNP)

The NSPNP constitutes seven streams: Nova Scotia Labour Market Priority, Nova Scotia Demand: Express Entry, Nova Scotia Experience: Express Entry, Skilled Worker, Physician, Entrepreneur, and International Graduate Entrepreneur. The first three streams are for candidates in the EE pool; the last two are for business people who are 21 years or order. Applicants of the Nova Scotia Experience: Express Entry and Skilled Worker streams must be between 21 and 55 years of age.

The Nova Scotia Labour Market Priority stream is restricted to the province’s selection; applicants may apply to this stream only after they have been invited by the province through the EE. The Nova Scotia Demand: Express Entry stream opens to FSW candidates in the EE pool, which has type A and B sub-streams. Type A applicants must have obtained a job offer from a local eligible employer, with employment lasting at least one year. Type B does not set the job offer as a condition but requires applicants to have one year of experience in the last six in the occupation listed by the province. The province retains full discretion regarding when to open and close the type B sub-stream and, currently, type B is temporarily closed. The Nova Scotia Experience: Express Entry stream is tailored for candidates in the EE pool who have at least one year of work experience in the province. In addition, these candidates must have a high school diploma and must have attained a language level of Canadian Language Benchmark 7, if in NOC 0 and A, and Canadian Language Benchmark 5, if in NOC B.

The eligibility criteria for the Skilled Worker stream is similar to the Nova Scotia Experience: Express Entry stream, though the language threshold is lower. It requests Canadian Language Benchmark 5 for skilled workers and Canadian Language Benchmark 4 for semi-skilled workers. In addition, semi-skilled workers must have had six months of work experience with the employer.

The Physician stream is to assist the public health authorities in the province, the Nova Scotia Health Authority, or the IWK Health Centre to hire physicians. The stream is only open to physicians in NOC 3112 and NOC 3111 who have accepted the offered employment opportunities by the two authorities.

Entrepreneur applicants must at least: (1) have a net worth of $600,000 CAD; (2) invest $150,000 CAD; (3) create one full-time equivalent job for local Canadian citizens or permanent residents; (4) attain a language level of Canadian Language Benchmark 5 and; (5) have three years (owner-manager) or more than five years (employee-manager) of business operation experience.

The International Graduate Entrepreneur requires applicants to have graduated with a minimum of a two-year, full-time academic program in a Nova Scotia university or Nova Scotia community college. Applicants must hold a valid PGWP and have at least one year of experience managing their own business in Nova Scotia. Their language level must be Canadian Language Benchmark 7. The Entrepreneur job creation criterion applies to this stream.

The Prince Edward Island Provincial Nominee Program (PEI PNP)

The PEI PNP offers two categories: Worker and Entrepreneur. The Worker stream contains five sub-streams: Critical Workers, Skilled Workers Outside of Canada, Skilled Workers in PEI, PEI Express Entry, and International Graduates. Among them, only the PEI Express Entry stream does not require applicants to have obtained a minimum of a two-year job offer from an eligible local employer. The Entrepreneur category previously had three streams, but two of these, the 100% Ownership Stream and Partial Ownership Stream, were shut down permanently in September 2018, leaving only the Work Permit stream.

Both the Critical Workers and Skilled Workers in PEI streams are open to applicants who: (1) are aged 21 to 59; (2) currently work in PEI on a valid work permit; (3) have reached the language level of Canadian Language Benchmark 4, and; (4) have two years of full-time work experience in the last five. The Critical Workers stream accepts workers in the listed occupations in NOC C and D who have worked for the employer for at least six months.

The Skilled Workers Outside of Canada stream shares most of the selection factors with the Skilled Workers in PEI stream except that (1) it does not require applicants to be presently working in PEI, and; (2) the job offer must be approved by PEI immigration first.

PEI Express Entry’s language level requirement is Canadian Language Benchmark 7. Though a job offer is not mandatory, priority is given to applicants living or working in PEI.

The International Graduates stream is for graduates who have completed a minimum of a two-year academic program at a publicly funded, post-secondary institution in PEI. Applicants must have worked for the employer for at least six months, and their language level must be sufficient to perform job duties.

The Work Permit stream’s minimal eligibility criteria are: (1) $600,000 CAD in personal net worth; (2) a $150,000 CAD investment; (3) Canadian Language Benchmark 4 of language level, and; (4) secondary school education.

The Atlantic provinces have some common selection criteria. Most of their skills streams set a job offer from a local eligible employer as a prerequisite; for streams that do not impose such a condition, the provinces retain full discretion to meet their priorities. As for business streams, they focus on the decisive factors that may significantly influence the establishment and development of a business as well as the benefits to the province.

This article has presented a general outline of the Atlantic PNPs, which is not exhaustive and is for information purposes only. Since immigration policies often change without warning, applicants are advised to monitor their desired program before applying. Detailed information relating to the Atlantic PNPs can be found on their respective websites:

NBPNP: https://www.welcomenb.ca/content/wel-bien/en/immigrating/content/HowToImmigrate/NBProvincialNomineeProgram.html
NLPNP: https://www.gov.nl.ca/immigration/
NSPNP: https://novascotiaimmigration.com
Prince Edward Island: https://www.princeedwardisland.ca/en/search/site?keys=immigration&op=search.

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Advantages of Being a Post-Secondary International Student in Canada https://htscbc.com/advantages-of-being-a-post-secondary-international-student-in-canada/ Wed, 16 Jan 2019 02:30:23 +0000 https://htscbc.com/?p=2125
Picture of Zhang Hui

Zhang Hui

Regulated Canadian Immigration Consultant; Translator (English to Chinese, and Chinese to English); Interpreter (English to Mandarin, and Mandarin to English); Practicing lawyer (China)

Advantages of Being a Post-Secondary International Student in Canada

Canada has become one of the top ten study destinations for foreign students due to its academic reputation, political stability, and welcoming environment.

According to Statistics Canada, more than two million international students have enrolled in Canadian colleges and universities, and the number is still on the rise.

Many post-secondary international students have chosen to extend their stay in Canada after graduation, and some have even pursued the permanent residency route in Canada. From an immigration perspective, their position is advantageous regardless of whether they plan to stay or leave after their studies. This article will explore a partial list of the advantages of studying in Canada as an international student.

Working On-Campus

According to s.186 (f) of the Immigration and Refugee Protection Regulations (IRPR), full-time post-secondary international students studying in eligible Canadian colleges and universities with a valid study permit may work on campus without a work permit.

“On-campus” means that the working location is the campus at which the student is studying; if the school has several campuses, the student will often only be allowed to work on this campus. If the student is working as a teaching or research assistant and his or her work is confined to a research grant, then the student may work at an off-campus library, hospital, or research facility associated with the school.

The IRPR do not impose a limit on on-campus working hours. Full-time students, however, must have a minimum of 15 hours of scheduled instruction per week and maintain their academic performance. As such, it is recommended that students not work full-time or too often outside of scheduled breaks.

Working Off-Campus
Other than working on-campus, pursuant to s.186 (v) of IRPR the students may work off-campus if (1) they are enrolled in a designated learning institution (DLI); (2) their program is six months or more; and (3) the program leads to a diploma, degree, or certificate. They are allowed to work up to 20 hours per week during regular academic sessions, and full-time during regularly scheduled breaks.

Working on a valid study permit without having to get a work permit makes finding a job much easier. Specifically, it also affords the student:
– invaluable Canadian work experience;
– less financial stress due to disposable income; and
– a path to staying in Canada permanently after graduation.

Open Work Permit for Spouse or Common-Law Partner

The spouse or common-law partner of a full-time post-secondary international student studying on a valid student permit at an eligible college or university are eligible to apply for an open work permit. This type of work permit is not job-specific and is exempted from the Labour Market Impact Assessment, which allows the holders to work for any employer in Canada except ineligible employers. The expiry date of the spouse or common-law partner work permit is the same as the student’s study permit.

Like the student-specific benefit of working on- and off-campus without the requirement of a work permit, the open work permit policy benefits the student’s spouse or common-law partner.

Post-Graduation Work Permit

Graduates from certain DLIs whose program is eight months or more are eligible for a post-graduation work permit (PGWP) after their graduation; the PGWP is a type of open work permit that lasts between eight months and three years. The validity period typically matches the length of the academic program completed by the student if it is less than two years. Otherwise, the validity period is three years.

Students may combine two PGWP-eligible programs, each lasting a minimum of eight months, to obtain a PGWP based on the length combination of the programs. However, a PGWP is a one-time opportunity: it can only be obtained once, no matter how many eligible academic programs a student decides to take. It is thus crucial to plan and make efficient use of this policy.

Additional Comprehensive Ranking System (CRS) Points

As of June 2018, international graduates of Canadian colleges and universities get either 15 or 30 additional CRS points. For those whose credential is one or two years, 15 points are awarded, and for those whose credential is three years or more, 30 points are awarded. These points make international graduates more competitive than Express Entry pool candidates without additional points.

Various Permanent Residency Pathways

As international students may work during their study as well as after graduation on a PGWP, their Canadian work experience will likely help when they seek Canadian permanent residency.

Canadian Experience Class (CEC) is a possible option. This federal immigration program is tailored for foreign workers with at least one year of full-time Canadian work experience. Though work experience obtained during full-time study does not count toward CEC, work experience gained on a PGWP does.

Even though the other two federal Express Entry programs, namely the Federal Skilled Worker (FSW) program and Federal Skilled Trades Program (FSTP), do not specifically target international students, they may still be feasible. The FSW does not exclude work experience gained during full-time study, and the FSTP could suit international students studying eligible trades. Apart from these, self-employed international graduates with two years of work experience in each of major groups 51 and 52 of the National Occupational Classification (NOC) may consider the Federal Self-Employed Person program.

In addition to federal programs, some of the eleven provinces and territories of Canada have included an international graduate stream under their Provincial Nominee Program (PNP). This stream is designed to international graduates who may contribute to the social development and economic growth of a given province or territory. Most of them also have an Express Entry stream and some even have an international graduates Express Entry stream, both of which greatly assist international graduates from an immigration standpoint.

As mentioned before, this article is not an exhaustive analysis of the advantages associated with pursuing post-graduation education in Canada. Rather, it is for information purposes only and should not be considered legal advice. For more information on this topic, please visit IRCC’s website: Studying and working in Canada as an international student.

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Six Tips for Avoiding Immigration Fraud https://htscbc.com/six-tips-for-avoiding-immigration-fraud/ Thu, 10 Jan 2019 06:16:43 +0000 https://htscbc.com/?p=1738
Picture of Zhang Hui

Zhang Hui

Regulated Canadian Immigration Consultant; Translator (English to Chinese, and Chinese to English); Interpreter (English to Mandarin, and Mandarin to English); Practicing lawyer (China)

 

Six Tips for Avoiding Immigration Fraud

Since Canadian immigration is a rather complex process, retaining a representative to handle immigration cases is a common approach for those with immigration needs.

While ethical and law-abiding immigration consultants help clients smoothly navigate the maze that is Canadian immigration, fraudsters can sometimes seize this opportunity to accumulate wealth for themselves at the cost of their clients’ future. 

 This past June, Sunny Wang, the ghost consultant who cooked up the biggest immigration fraud in Canadian history, was released and allowed to resume his normal life, leaving a $900,000 fine unpaid. But what happened to his unfortunate ex-clients? A whopping 1,081 of them (out of a total of 1,200) were eventually removed from Canada. Nobody wants to become a victim of immigration fraud, so how can immigration clients avoid it?
 
1. Be Alert to the Illegal Practices of Ghost Consultants
 
There are two types of representatives in Canada: authorized representatives and unauthorized representatives. The former consists of Canadian lawyers and Regulated Canadian Immigration Consultants (RCICs). The latter could be anyone: a friend, a family member, or a non-governmental or religious organization. 
 
Authorized representatives are professionally trained and regulated by their governing bodies. Their governing bodies, the provincial or territorial law societies and the Immigration Consultants of Canada Regulatory Council (ICCRC), depending on the type of authorized representatives, oversee the practice of these professionals to protect the general public, which is their principal mandate. If a dispute arises between a client and their authorized representative and the two parties fail to reach a settlement, the client may file a complaint to the relevant governing body to arrive at a solution.
 
As per immigration law, only authorized representatives are permitted to provide immigration services for a fee. Unauthorized representatives are committing a crime if they receive any consideration for their immigration services. Those who are unauthorized yet exchange their immigration services for remuneration, like Mr. Wang did, are considered “ghost consultants” – so named because they operate outside the visible confines of the regulatory environment. To hire a ghost consultant is to expose oneself to immigration fraud – the very first thing that applicants should be on the lookout for and avoid at all costs.
 
2. Check the Representative’s Status Before Retaining One 
 
Retaining an authorized representative is in the best interest of a client for two reasons. First, the quality of the services is guaranteed, and second, a particular governing body safeguards both the client and the process itself. When retaining either a lawyer or an RCIC, however, it is still necessary to verify their status with the specific governing body that regulates them. Hiring a member who is not in good standing with their governing body is risky. In such a situation, the governing body probably does not possess the necessary jurisdiction to deal with a complaint against such a member. As a result, the client would be forced to resolve future issues, should they arise, through the costly judicial system, rather than through the governing body.
 
A recent case involving disbarred lawyer Angela Codina, who deceived multiple clients even after she had been disbarred in 2002, serves as a bitter reminder of the importance of status verification. The clients retained her services because they mistakenly believed that they were dealing with a lawyer
 
To verify a representative’s status, a client can access the website of the applicable regulator. All the regulators have a directory indicating their members’ up-to-date status. Immigration, Refugee and Citizenship of Canada (IRCC) also provides a user-friendly webpage, facilitating public access to regulators’ websites. 
 
3. Pay Attention to the Use of Representative Form
 
Compensated or not, when an individual deals with immigration matters on someone else’s behalf, using IRCC’s Use of Representative form (IMM5476) to disclose the representation is a must. The form effectively acts as a deterrent against immigration fraud by requesting the authorized representative’s licence number. Thus, whenever the representative fails to use this form or does not present such a number, the client should simply walk away. 
 
4. Understand the Retainer Agreement Before Signing
 
When a client entrusts their immigration matter to a representative, the first document to be signed is usually the retainer agreement. The agreement is the contract between an authorized representative and a client that sets out the business arrangement between them. Such an arrangement usually includes: the information of the parties concerned, the matter and scope of services, the payable fee and payment terms, obligations and rights of the parties involved, liability for breach of the agreement, issues of dispute, refund policy, modification and termination of the agreement, etc. This legal document is binding to the signatories. Only by fulling grasping its contents will the client understand where they are and where the agreement will lead them. So for the client’s own good, understanding the document before signing it is yet another must. 
 
5. Never Sign Blank Forms
 
After having retained a representative, it is easy for some clients to let the representative attend to all facets of the process, either out of trust or lack of due diligence. All things being equal, having confidence in one’s representative should not equate to ignoring one’s own affairs, an unfortunate corollary that can often lead to disastrous consequences. 
 
In Sunny Wang’s case, most of his clients had very limited knowledge of English, so they wholly entrusted their immigration matters to Mr. Wang by signing blank forms. When these same clients were being investigated for misrepresentation, the immigration lawyers and RCICs that they hired to defend them argued that their clients had merely left signed blank forms to Mr. Wang, which was naïve perhaps, but wholly innocent.  
 
The eventual removal of Mr. Wang’s victims made it clear that the immigration authorities, namely the Canada Border Services Agency (CBSA), the Immigration and Refugee Board (IRB), and the Federal Court viewed this fact in a much harsher light. Indeed, they accepted the argument, made by the lawyer representing the government, that the victims had been “willfully blind to what was going on.”  The takeaway from this lesson is obvious: refrain from signing blank documents and forms under any circumstances.  
 
6. Be Truthful and Sensible
 
In addition to seeking the help of authorized immigration professionals, being truthful and sensible are the best strategies to avoid falling prey to immigration fraud. 
 
Immigration law requires applicants to provide accurate information and documents; the consequences of disobedience are severe. Untruthfulness will most likely lead an applicant to misrepresentation charges, which will ban him or her from entering Canada for five years.
 
As for being sensible, clients should understand their unique situation and should not harbour unrealistic expectations. Authorized representatives are there to provide immigration services according to the client’s situation and immigration law. They cannot, however, decide on the client’s application, nor should they alter any information or documentation provided by the client to achieve this end. The representative’s guarantee resides in the quality of services, not the result. The latter is at the sole discretion of the government.
 
In short, the best way to avoid immigration fraud is to be vigilant and honest, and to take your own immigration seriously. If you or someone you know encounters immigration fraud, please report it to the CBSA at 1-888-502-9060.
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