Transformational Changes to Canadian Immigration System; Point system to be reformed; Old applications to be affected by new regulations

In an announcement by Citizenship, Immigration and Multiculturalism Minister Jason Kenney  on April 17, 2012, some major positive changes are anticipated in Canadian Immigration. These include:

·         System that  actively recruits talent rather than passively receives and processes applications

·         Economic and labour force needs to be central focus of immigration efforts

·         Groundwork has begun for this long-term economic success

·         CIC will work with provinces, territories and employers to create pool of skilled workers

·         Transformational changes to Canada’s immigration system

·         Fast and flexible system that attracts younger people – grow economy the minute they arrive

·         Federal Skilled Worker Program (FSWP) – point system to be reformed – to reflect younger immigrants with Canadian Experience and better official language skills

·         Strengthen assessment of educational credential – begin work on arrival in Canada

·         FSW applicants to have educational credentials assessed and verified abroad

·         FSW to meet current labour market needs

·         Ministerial Instruction to apply to people who have already submitted an application

·         New regulations to apply retrospectively to people who have already submitted an application

·         Ensure Canada’s current needs and priorities

·         Develop a responsive immigration system – make Canada more competitive – attract best and brightest from around the world – to match Canadian Economy.

Compliance requirements for employers in Canada (Foreign Workers)

In Canada, it is becoming extremely important for employers to comply with Foreign Worker requirements when they higher Foreign Workers. Non-compliace can lead to 2-year bar on recruiting foreigners and addition of name to the default list. Compliance requirements includes: genuine job offer letters for positive LMOs, sal...ary standards, occupational discriptions, efforts to hire local workers (Canadians), following provincial and federal labour laws; employment is being made by an employer that is actively involved in the field which the job offer is being made, the offer is consistent with the employer’s labour needs, the employer can reasonably fulfill the terms of the job offer, and whether the employer, or recruiter acting on behalf of an employer, has previously complied with provincial and federal laws regulating employment or recruiting of workers.

Employers who incur a two-year TFW penalty will have all subsequent offers deemed to be “lacking in genuineness” for the duration of the penalty period, regardless of whether the above criteria are met. Prior violations of provincial or federal laws regulating employment (irrespective of whether those violations were connected to a TFW or a local worker) could also result in an officer determining that the job offer lacks genuineness.

The new rules will limit the number of years that a TFW may be authorized to work in Canada. Most foreign workers will be allowed to extend their work permit for a maximum cumulative period of four years. Once this cap is reached workers will be required to wait four years before they can reapply. However, certain categories of foreign workers are exempted from this limitation. These include workers employed in specific fields of significant social, cultural or economic benefits to Canada and TFW’s working under specific international agreements like NAFTA or GATS.

As a result of this new cap employers will be encouraged to initiate the process of applying for permanent residence on behalf of their foreign workers well in advance of the four year limitation.

Under the new regulations, a number of regulatory and administrative changes will affect the Live-in Caregiver Program.

Employers will be required to include mandatory clauses in their employment contracts that address employer paid benefits, accommodations, duties, and hours of work, wages, holiday and sick leave entitlements and conditions for termination.

Reliance on legal counsel will become more paramount for human resource managers.