Critical changes to the Federal Skilled Workers Program (FSWP) May 2013

Written by Julie McMahon. Posted in Canadian Immigration Law & Policy, Foreign Credential Recognition, Skilled Workers

What will change and why: (extract from the CIC website backgrounder http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-12-19.asp

LANGUAGE: Requiring a minimum level of language proficiency (28 points max.) Canadian and international research has consistently shown that language proficiency is the single most important factor in gaining better rates of employment, appropriate employment and higher earnings.

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Bill C-31 a deterrant to International Human Trafficking & Smuggling

Written by Julie McMahon. Posted in Canadian Immigration Law & Policy, International Trade, New Immigrant

On February 16, 2012, the Minister of Public Safety reintroduced the “designated

foreign national” provisions under Bill C-31

Protecting Canada’s Immigration System Act

This is one of the cornerstones of the government’s immigration reform agenda. It provides the Minister with the discretion to declare persons arriving in Canada or already in Canada as “designated foreign nationals”.

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Coming to Canada under the International Free Trade Agreement

Written by Julie McMahon. Posted in International Trade

Under the Nafta Free Trade Agreement, Canadian Companies can hire and retain workers from both the United States and Mexico under a list of special categories found here. Most applications will not need to go through the formal processing of the Federal Skilled Workers Program. The Nafta Agreement is mean to make it easier for Companies to obtain foreign skilled workers without the hassle of the regular immigration channels.

Categories and definitions need to be checked thoroughly. Before making an application, understand the major categories and definitions. For instance, what is a Business Visitor? In some cases, a Business Visitor is a driver of a truck of cargo, but a Business Visitor can also be a staff person from an office in the US that comes to work temporarily for a Canadian office that is part of the same company. Checking into these different streams of immigration can save Canadian companies alot of money when it comes to hiring foreign workers.

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Overseas Challenges: Medical & Criminal Inadmissibility to Canada

Written by Julie McMahon. Posted in Canadian Immigration, Canadian Immigration Law & Policy

The local CIC office has sent a fairness letter to Dhee asking her to respond to the allegation that she may be medically inadmissible to Canada. She has 30 days to respond and has contacted IBBC office. What would you advise her?

Subject to A38(1)(a)(b)(c) with exceptions listed under A38(2) Persons who are found to have a medical condition which renders them medically inadmissible as they would be potentially causing excessive demand to Canada’s health and social services does not apply to spouses, common-law partners, and dependent children of Canadian citizen sponsors and Permanent Resident sponsors. As Dhee is not yet in Canada and is the Principal Applicant, it will be important to establish that Dhee would not be a burden to Health Canada and that her cancer is in full remission.

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