Canada’s Population Growing Because Of Immigration

Posted by Immigration Law Team|Global Immigration
Dec 10
23


According to Statistics Canada, Canada’s population in the third quarter of 2010 was increased by the highest immigration rates seen in four decades.

 As of October 1, Canada’s population was estimated at 34,238,000, an increase of 129,300 since July.  According to the Federal Agency, 65 percent of that growth came from new Canadian immigrants during that three-month period.   During that time, 84,200 immigrants arrived in Canada. 

 Prince Edward Island had the highest increase, with its population growing by 0.7 percent.  1200 immigrants settled in the province, the highest number since 1971.  Quebec also had its highest number of immigrants enter their province with 16,800 people arriving during this quarter.  Immigrants made up 70 percent of Ontario’s new arrivals.

Canada is expected to welcome between 240,000 and 265,000 newcomers by the end of 2010.


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Spousal Sponsorships-Customary Marriages and Immigration to Canada

Posted by Donna Habsha|Canada Immigration
Dec 10
15


 Canadian immigration law recognizes that marriage customs vary around the world sometimes governed by religious and state law.  In Siev v. Canada (Minister of Citizenship and Immigration), 2005 FC 736, the Federal Court held that evidence should not be minutely scrutinized and that immigration officers should not apply North American reasoning to an applicant’s conduct. The Court dismissed the Respondent’s arguments that a large age gap, different lifestyles, and lack of knowledge about each other proved that a marriage was not genuine on the basis that this displayed a North American bias.

 The Immigration and Refugee Board recently upheld Siev finding that the lack of contact between a husband and a wife had to be viewed through the lens of an arranged marriage rather than using the standards of a marriage between two individuals who meet by chance as is common in North America.

 Given the case law and Citizenship and Immigration Canada manuals, individuals who have had a tribal, customary, or arranged marriage should not be concerned that this will automatically preclude them from submitting a spousal sponsorship in support of their spouse’s application for Canadian Permanent Residence. However, sponsors and applicants must be prepared to explain and verify the development of their relationship and subsequent marriage based on their unique cultural norms if they are found to vary drastically from North American norms.


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Intra Company Transferee Work Permit Applications Under Increased Scrutiny at the Canadian High Commission in India

Posted by Immigration Law Team|Global Immigration
Dec 10
8


Since the IT Worker Program was eliminated on September 30th 2010, there has been an influx of Intra-Company Transferee (ICT) work permit applications at the Canadian High Commission (CHC) in New Delhi.  As a result, the CHC has implemented a rigorous threshold for establishing that employees and employers meet the minimum requirements under the ICT Category, including new criteria that were previously not required.  In addition to the usual criteria, when making an ICT work permit application at the CHC in India, employers must pay special attention to the following:

  • Provide evidence of an employer-employee relationship with the Canadian entity, including confirmation that the employee will be on the Canadian payroll. If the employee remains on the foreign payroll, employers must provided an explanation, which may be a determining factor on whether the application is approved or not;
  • For Specialized Knowledge ICT applications, the CHC will consider whether the proposed salary meets or exceeds the average salary for the occupation in the specified geographical location while working in Canada;
  • The CHC will not consider accommodation and per diems as part of the calculation of the applicant’s proposed salary in Canada. 

For the short term, the CHC is returning applications to allow for applicants and employers to provide documentation or information that complies with the new requirements.


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New Visa Procedures at the U.S. Embassy in Mexico That Will Affect Issuance of TN, H-1B, and E Visas

Posted by Marwah Serag|US Immigration
Dec 10
8


Effective January 10, 2011, the U.S. Embassy in Mexico will roll out new visa procedures which will affect TN, H-1B, and E visa adjudications and issuance.  The new procedures will require most nonimmigrant visa applicants to appear at an Application Support Center (ASC) outside of the Embassy to have their biometrics and other information collected prior to attending a Consular Interview to receive their TN, H-1B, or E visa in their passports.  The new procedures will also make it easier for applicants seeking renewal of their TN, H-1B, or E visas by waiving the Consular interview requirement and instead appearing at an ASC to collect updated information and for visa issuance.  These procedures are anticipated to reduce fees for visa applicants and reduce wait times at the Embassy.


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Updated H-1B U.S. Work Permit Count!

Posted by Karen|Global Immigration
Dec 10
8


USCIS announced that as of 12/03/10, approximately 51,200 H-1B cap-subject work permit petitions had been filed and receipted. 18,700 H-1B petitions for aliens with advanced degrees have been filed.
There are still visas available with an immediate start date.  Please contact the lawyers at PricewaterhouseCoopers Immigration Law LLP for a consultation.


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Successful Appeal-Federal Investor Program

Dec 10
7


We are delighted that following nearly 10-months in appeal proceedings we successfully challenged the immigration officers refusal of our client’s application for Canadian Permanent Residence under the Federal Investor Program. The officer’s applied definition of “business” for the purpose of interpreting “business experience” as well as his failure to consider our further arguments in support of our client’s qualifying business experience has resulted in the application being sent back for consideration by a new immigration officer. For further information and expert advice on the Federal or Quebec Investor Programs, do not hesitate to contact PricewaterhouseCoopers Immigration Law LLP.


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Government of Canada Announces 2011 Immigration Plan

Posted by Immigration Law Team|Canada Immigration
Dec 10
7


The Government of Canada has announced it will maintain high immigration levels to help preserve the recovery of the economy.  It is estimated that Canada will be home to between 240,000 and 265,000 new permanent residents in 2011 with sixty percent of these immigrants coming through economic channels.  

The Federal Skilled Worker Program continues to be an important part of the economic category. The program permits a range of workers, including technicians, skilled tradespersons, managers and professionals, who help to enhance the Canadian-born work force.  Within the next five years, all of Canada’s labour force growth will come from immigration.


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CIC Implements Changes to Federal Immigrant Investor Program; Resumes Accepting Applications

Posted by Melodie Hughes|Canada Immigration
Dec 10
6


Citizenship and Immigration Canada has announced that, effective immediately, it will now resume the processing of applications for permanent residence to Canada under the federal Immigrant Investor Program (IIP).

    BACKGROUND

In order to temporarily stem the flow of federal IIP applications, an administrative pause on new applications under the federal IIP was implemented on June 26, 2010. At the same time, proposed changes were made to the definition of “investor” and “investment” in s. 88 of the Immigration and Refugee Protection Regulations. These amendments, which increase the threshold requirements for both personal net worth and investment, have since been approved and came into force on December 1, 2010.

    NEW ELIGIBILITY CRITERIA

Effective immediately, the administrative pause on new applications under the federal IIP is lifted and visa offices are once again required to accept new federal IIP applications. Applications received under this category before June 26, 2010 are to be processed according to the legislation in effect at the time of receipt of the application. Applications received under the federal IIP on or after December 1, 2010, are to be processed in accordance with the new regulatory amendments.

Specifically, the required investment amount has increased from $400,000 to $800,000 and the amount required for legally obtained net worth has increased from $800,000 to $1,600,000. In accordance with the Canada-Québec Accord, these amounts are the same for both federal investor class applicants and for Québec-selected investors.

    SIMPLIFIED APPLICATION PROCESS ELIMINATED

Furthermore, effective December 1, 2010, the simplified application process option is no longer available to applicants under the federal IIP. Without exception, all applicants must submit a full application, with all supporting documents, at the time of application in order to be eligible for processing. Applications that do not include all forms and required documentation will be returned, together with the fee payment.


Posted by Melodie Hughes » 1 Comment »