How Educational Institutes in Canada and Employers play an important role in Canadian economy (in light of foreigners)?

How Educational Institutes in Canada and Employers play an important role in Canadian economy (in light of foreigners)?

We understand the importance of obtaining jobs in Canada, for Foreign Workers. We are talking particularly about the jobs for which local Canadian workers (Citizens and Permanent Residents) are not available. Every year about 110,000 skilled workers and their dependents enter Canada as Permanent Residents and another approx. 180,000 as Foreign Workers. It is extremely important for the economy of  Canada and for employment opportunities of Canadian citizens and permanent residents that new-comers get relevant jobs on entering Canada. For this, an important aspect is that  these entrants be able to obtain jobs that bear relevance to their skills. One way to obtain this exposure is with either Educational Institutes or Employers. Because of this, we at Eagle Legal will be providing tools to foreigners and employers in Canada, so that foreigners can have access to these suitable education institutes and  jobs.  This will assist foreigners in obtaining Study Permits and Work Permits. 

Role of Educational Institutes:

Please note that a great help is being provided by educational institutes in Canada by training international students and making them adept in Canadian skills. Besides other advantages, it can lead international students to apply for immigration under the Canadian Experience Class or indirectly under the Skilled Worker class. Bottom line is that these individuals have been trained by Canadian Educational Institutes to be absorbed by the Canadian Job market on temporary or permanent basis.

Role of Canadian Employers who employ foreign workers:

Just like educational institutes, Canadian Employers also assist in preparation of foreign workers for stabilizing the Canadian economy in the long run. They hire foreign workers temporarily. Subsequently, some of these foreign workers could get opportunities to be absorbed in the Canadian market on permanent basis.

The The Honourable Jason Kenney, P.C., M.P. Minister of Citizenship, Immigration and Multiculturalism has suggested that under the Canadian Experience Class, Canada intends to retain this talent in Canada and will propose options that will make it easier for International Students/Foreign Worker (those who fall under the skills in demand)  to get absorbed in Canadian markets.

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You cannot apply for PRRA within 12 months of decision by Immigration and Refugee Board, as soon as Bill C-31 is applied (royal assent)!

PRRA means Pre Removal Risk Assessment. In situations when you are told to leave Canada and a removal order is being enforced against you, you could  be allowed to apply for PRRA. Once you apply, an officer will review your application, documents, evidence etc. to determine the authenticity of your claim. Under these circumstances, your removal order is suspended temporarily. The officer will consider the risk of persecution, torture, your life or the risk that you may be subjected to any cruel or unusual treatment or punishment, if you are removed from Canada. 

You may not be eligible:

·         If another country has requested Canada to return you because you are a suspected or convicted criminal or

·          If you have come to Canada from a country that is designated as a  safe country e.g. United States or

·         If  you have claimed refuges status or applied for PRRA in the past within a specific time or

·         If you are already recognized as a person who needs protection or

·         If you can return to a country that has already recognized you as a convention refugee.

If the  officer accepts your PRRA application, you will receive the status of ‘protected person’ and thus you can apply for permanent residence in Canada. However, if your application is rejected, your removal order will again come in effect and you may receive a reasonable time to leave Canada. You have the option to apply to Federal Court of Canada  for a review of PRRA officer’s decision.

Canadian government in Feb 2012 introduced Bill C-31 which proposed changes to Immigration and Refugee system of Canada.  The government has now issued amendments to this bill. One such amendment   proposes that if Immigration and Refugee Board issues a removal order then the failed asylum-seeker will not be able to apply for PRRA for 12 months. More information about PRRA, etc can he had at this link.  The amendment also propose that a previous negative decision, for those from designated countries, will now bar these asylum-seekers from applying for 36 months as against the current norm of  12 months. This will discourage asylum seekers from going underground after a negative decision and then reapplying after 12 months.

In addition, the government had earlier proposed that if a person has obtained  permanent residence in Canada based on a refugee claim then it could be revoked if situation in home country is improved.  The government is now amending this section and issuing further clarification that it did not intend the law to be read in this manner.

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Bill C-31 on Refugees - Goverment accepts the opposition to it!

Bill C-31 was introduced (proposed) in Feb 201  by Canadian Government.  Substantial opposition was raised to this bill and finally the government agrees to modify some if its proposed changes. As part of these amendments, permanent resident status (refugee/asylum seekers) will not be revoked based on solely  the current situation in country of origin. This means that if one has become a permanent resident of Canada based on a refugee claim (that  was based on the fact that the country of origin is not safe), then this status of permanent residence will not be revoked solely on the grounds that the current situation in the  country of origin has improved substantially. Refugees arriving as part of smuggling or other irregular process will now have their initial detention review after 14 days (and subsequently 180 days) rather than a year, as proposed earlier.   Genuine refugees will be released while others will continue in detention and eventually be deported. For information on Refugees, Protection, Removals and Inadmissibility, visit this link.  For more information about detention visit this link.

Cap reached for Federal Skilled Worker Applications!!!

Cap has reached for accepting applications under the Federal Skilled Worker Program for the year July 1, 2011 to July 1, 2012, by the Canadian Government. The allowed applications in this cap were 10000. Federal Skilled Worker Immigration program by Canadian government continues to allow applications that are supported with an offer of employment. New instructions or occupations for the program that starts July 1 2012 are not announced at this time. Federal Skilled program is one of the most effective programs of Canadian government to invite talent from all around the world and we anticipate this to continue starting July 1 2012. Please note that the occupations were reduced last year. It appears that the focus will continue to be to invite foreigners who are required generally by employers, provinces and territories so that such individuals can immediately be absorbed by the Canadian market, the moment they arrive in Canada. This will support the economy! For information about the Federal Skilled Worker Program  please visit our website page. If you have any questions please visit this link.

Proposed changes to fundamentally reform and improve Canadian Immigration System:

• Newcomers should be selected so as to fill key and emerging skill shortages in various regions and industries; Align selection of newcomers with labour market needs
• Physicians and Nurses are required in Canada; selection process to be modified
• Just- in-time immigration system by 2014 (without long wait times)
• Ministerial Instructions to apply retrospectively which means that the applications of profession in demand will be processed faster than others that are in the que.
• Retroactively apply regulations for the selection of immigrants to those who are already in the queue. This means that new selection criteria will be applied to applications in process.
• Priority for those with pre-arranged jobs, Canadian work experience and people with higher levels of language proficiency
• Highly skilled workers allowed to  apply for immigration after one year of experience in Canada rather than two.

This is part of ‘Transformational changes’ being announce by Canadian Government, to the Immigration System.

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Stay of Removal Order granted; A second PRRA application allowed!

Stay of Removal Order granted; A second PRRA application allowed!

There are situations when an individual can be required to leave Canada by the Canadian Government (because of various reasons) by the process of Removal Order. However, as a last resort, the Government does give that individual the option to provide evidence or convince the Government whether that person should be allowed to remain in Canada. This is process is called Pre-Removal Risk Assessment or PRRA. Usually once the PRRA application is rejected, the individual has no other option but to leave the country. In a very special situation and looking at the circumstances,  the Canadian Government has allowed a second PRRA, yesterday, in the case of a family out of ‘abundance of caution’. The PRRA process can take several months or years and the individual will generally stay back in the country until the time a decision is made. This particular case involved a rejected asylum claim (on basis of lacked credibility, unreliable testimony), a refused application for leave and judicial-review by Federal Court, a refused PRRA and a denied motion of stay of removal with the Federal court. As per the government, the case lacked evidence to prove its claims. It is therefore critical that all relevant information be provided (including the evidence) with your initial application so that such a situation may not arise at a later date.

The entire article can also be read at www.eaglelegal.ca.