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.

For our website visit: www.eaglelegal.ca

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.

Proposed ‘Entrepreneur Program’ for Canadian Immigration: What do you think?

‘Entrepreneur Program’ is one of the ways to immigrate to Canada based on your expertise and experience and possibly some minor investment. The program is currently on hold. The Canadian government has now launched consultations on whether to create a new and specialized Entrepreneur Program? This could lead to several  new, short-term programs under the Economic Immigration Class! Here are some proposals for the program.  

Please provide your comments as to what are your thoughts? Do you think any part of this program should be different?

• Proposal of 2750 applications per years; program to end in five year trial year; if suitable will be launched formally with changes to Canadian Law.
• Program to be proactive, targeted, efficient, fast and flexible based on jobs, growth, long-term prosperity and new & emerging needs of Canadian economy!
• Program to beat the competition from other immigrant-receiving countries, so that Canada can attract the best foreign entrepreneurs.
• Be proactive to attract entrepreneurs who have the potential to build innovative companies on global scale and create jobs for Canadians.

Economic Action Plan 2012 highlights Canada’s commitment to supporting entrepreneurs, innovators and world class research. This could lead to other Business Programs targeting active investment in Canadian growth companies. Consultations on start-up visa  programs to link immigrant entrepreneurs with private sector organizations having experience and expertise in start-ups!

Q: Will I get points (for years of education) that do not contribute towards obtaining the educational credential being assessed?

A: In a recent decision, the question has been answered in negative and it has been said that these years of education will not be counted because they are not contributing towards the credential.

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.

J-1 designation holders exempt from Social Security and Medicare Taxes

In general aliens performing services in the United States as employees are liable for U.S. Social Security and Medicare taxes. However, certain classes of alien employees are exempt from U.S. Social Security and Medicare taxes.

F-visas, J-visas, M-visas, Q-visas. Nonresident Alien students, scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp workers, and other aliens temporarily present in the United States in F-1,J-1,M-1, or Q-1/Q-2 non-immigrant status are exempt on wages paid to them for services performed within the United States as long as such services are allowed by USCIS for these non-immigrant statuses, and such services are performed to carry out the purposes for which such visas were issued to them.

Exempt Employment includes:
-On-campus student employment up to 20 hours a week (40 hrs during summer vacations).
-Off-campus student employment allowed by USCIS.
-Practical Training student employment on or off campus.
-Employment as professor, teacher or researcher.
-Employment as a physician, au pair, or summer camp worker.

Limitations on exemption:

-The exemption does not apply to spouses and children in F-2, J-2, M-2, or Q-3 non-immigrant status.
-The exemption does not apply to employment not allowed by USCIS or to employment not closely connected to the purpose for which the visa was issued.
-The exemption does not apply to F-1,J-1,M-1, or Q-1/Q-2 nonimmigrants who change to an immigration status which is not exempt or to a special protected status.
-The exemption does not apply to F-1,J-1,M-1, or Q-1/Q-2 nonimmigrants who become resident aliens