Immigration Newsweek

by: Atty. Henry Moyal

New definition of age of dependants now in force.

Expanded definition of dependent children will help more families stay together in Canada

October 27, 2017 – Ottawa, ON – The Government of Canada has changed the definition of the age of dependants from “under 19” to “under 22,” fulfilling a key mandate commitment of the Minister of Immigration, Refugees and Citizenship. This change will help more immigrant families stay together. When newcomer families are able to stay together, their integration into Canada, and their ability to work and contribute to their communities all improve.

This change applies to all new applications received by Immigration, Refugees and Citizenship Canada (IRCC) on or after October 24, 2017.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

Attorney Henry Moyal, Immigration Lawyer

Effective January 2, 2018, the AINP will be making changes to its streams. The AINP will reduce the number of streams available. These changes will simplify application processes, reduce wait times, and make it more fair for applicants across all sectors and industries in Alberta. The AINP will also be more responsive to emerging labour market needs while supporting the goal of building a skilled, permanent workforce and a more diversified economy.
As of January 2, 2018, the AINP will accept applications under two streams: the new Alberta Opportunity Stream and the Self-Employed Farmer Stream. The Alberta Opportunity Stream will replace the Employer-Driven Stream and Strategic Recruitment Stream. Complete applications for the Employer-Driven Stream and Strategic Recruitment Stream postmarked on or before January 1, 2018, will be accepted for processing and those already in queue for processing will be assessed under the eligibility criteria that was in place at the time the application was received.
The AINP will also have an Alberta Express Entry stream operational in January 2018. This will allow Alberta to nominate a limited number of qualified applicants from the Government of Canada’s Express Entry system.
In January 2018, the AINP website will be updated with further details and application forms for the Alberta Opportunity Stream.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By Atty. Henry Moyal

(The following was published by CBC news today).

MPs on the immigration committee are launching a study on the rules and guidelines that exclude some potential immigrants on medical grounds. (CBC)
Members of Parliament are reviewing the rules that reject immigrants because they could be a drain on Canada’s social services and health-care system.
As it stands, applicants can be refused if their condition is a potential danger to public health or safety, or if immigration officers believe they could cause “excessive demand” on the system.
Determinations are based on whether anticipated costs are expected to exceed the average Canadian per-capita health or social services costs over a five-year period, or if they could add to an existing waiting list that might delay care for Canadian citizens or permanent residents.
The immigration committee began its study this morning, hearing from officials in the immigration department on how the guidelines are currently applied and how they are being reviewed for possible adjustment.
Liberal MP and immigration committee chair Rob Oliphant said the government has signalled interest in the issue in the wake of high-profile cases, including the one of a York University professor whose application for permanent residency was turned down because his son has Down syndrome.
“If these are mostly economic migrants coming in and making money and paying taxes, is there really a net benefit, or is it a net cost? We don’t know and we want to find out,” he said.
Figures provided to CBC News from Immigration, Refugees and Citizenship Canada show a sharp decline in the number of applications rejected on medical grounds in the last three years. In 2016, 337 applicants were deemed inadmissible, down from 473 in 2015 and 619 in 2014.
Conservative immigration critic Michelle Rempel said the longstanding federal policy has attempted to strike a difficult balance.
“It’s an issue that pulls at the heartstrings, because there are many cases of people who come to Canada with dire medical needs who will be found to be medically inadmissible,” she said. “It brings out the compassionate care of Canadians.”
Rempel wants to hear from witnesses on whether the policy is being applied adequately and consistently, and what the impact of any potential change could be on overall costs and waits for services for Canadians.
Newfoundland LIberal MP Nick Whalen said he felt “sheepish” even talking about putting a price tag on human lives.
“I mean, from a moral perspective, I don’t know where the objective of the provision explicitly recognizes the sanctity of human life and equality of all people in our immigration system,” he said.
“It just feels like doing a cost-benefit analysis on human beings and whether they should be in Canada makes me very morally squeamish.”
Ability to pay not a factor
According to the rules around medical inadmissibility, a willingness or ability to pay is not a factor for services that are publicly funded like physician or hospital care, since there is no cost-recovery regime in place.
However, it is a consideration in assessing an applicant who has financial means to defray costs of medication or services that are not publicly funded, such as HIV antiretroviral therapy.
Immigration lawyers call the policy “two-faced” because it allows a discrimination against immigrants that would never be permitted against Canadians with intellectual or physical disabilities.
They say the estimated health costs of these potential immigrants is a small fraction of the total cost of the country’s health-care system, and that the policy ignores other contributions the newcomers could make to society.
More than money
“It’s more than just money and economics,” she said. “It’s a political decision and that’s why we elect officials, but I would really ask them to look at what these people bring to us beyond a health-care problem. What does the entire family bring?”
NDP immigration critic Jenny Kwan said the system forces people with disabilities to go through a “separated and segregated” medical review.
“This, to me, is a textbook case of discrimination,” she said.
Asking what disabilities could potentially deem a family inadmissible, an official confirmed that a family could be rejected if there is a child who is deaf or blind.
Identified public health and safety issues range from active pulmonary tuberculosis and untreated syphilis to mental health issues such as pedophilia, sociopathic behaviour disorders or paranoid states or substance abuse that can lead to violent, hostile or disruptive behaviour.
Immigration department official Dawn Edlund said the department is working on a review of guidelines with the goal of ensuring the current policies strike the right balance between protecting the integrity of publicly funded services and ensuring the immigration system is fair and compassionate.
MPs will also hear from legal and economic experts and advocacy groups for their ongoing study.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By Atty. Henry Moyal

The much awaited changes to Citizenship law are now effective.
The most important changes are below but include the reduction of the physical residence requirement to only 3 years.
As well, workers and visitors who were in Canada before becoming a permanent resident will get up to one year’s credit. Essentially, what that means is the live in caregivers will mathematically only need to be in Canada for 2 years to become a Canadian Citizen since they are required to remain in Canada for at least 4 years as workers.

As of October 11, 2017, new changes include:
• Required physical presence in Canada reduced to 3 out of 5 years
• Days spent in Canada before becoming a permanent resident, within 5 years of applying for citizenship, count as half days (up to 365 days) towards physical presence requirements
• Age range for language and knowledge requirements reduced to 18-54 years old
• Time required for applicants to file income taxes before applying for citizenship is reduced to 3 out of 5 years

A second major development for the month of October 2017 is the implementation of the age of dependant children to under 22.
As such, any application that is sent after October 24, 2017 can include a child under 22. This important change raises two important issues:

1. Applicants who have dependant children must be aware of this crucial change and file accordingly. If for example, a child is 20 now then it is recommended to wait until the changes take effect and to not file application now. Similarly, an applicant with a child that is turning 22 soon must file immediately.
2. There will no longer be a “continuous student” exemption. In particular, a child who is over 22 and still in school will be ineligible.

Finally, it is important to remind everyone that Canada Immigration has recently revised and upgraded its immigration forms and version codes.
Applicants using old forms run the risk that there applications will be returned unprocessed.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

Immigration Newsweek

By Atty. Henry Moyal, Immigration Lawyer

Q. What is the rule or procedure when it comes to DNA results to prove parentage in relation to Canada Immigration application?

A. This issue came up recently and its conclusion will no doubt surprise people. We have all read stories or watched movies or TV programs where forensic scientists prove that a person or suspect is or is not the perpetrator. How high must the results be in those situations? When it comes to immigration applications, the goal for an applicant is to add their child to the application. In most cases it is in the context of a sponsorship application.
As such, the visa office abroad will often suspect that the parent is not the father/mother and demand a DNA test be conducted. The reasons for such suspicions can vary and include: high age of alleged mother, lack of birth certificate or suspicion that the relationship is non-genuine.

The standard procedure is that the sponsor must contact an approved DNA office recommended by Canada Immigration in accordance with the Standards Council of Canada which will take DNA samples from the sponsor/parents and child.

It is not recommended that such a test be conducted until Canada Immigration provided direct instructions to do so.

The results are then provided by the DNA center of the probability of parentage.

Surprisingly, Canada Immigration demand that there be a 99.8% probability of parentage. Anything lower will result in a refusal.

In a recent case however, a sponsor was required to provide DNA results for their alleged 12 year son. Before DNA tests were conducted the following items were submitted: birth certificate, school documents, photos showing each looking the same, financial documents and school records for 12 years indicating the father’s name as the parent.

Two DNA tests were conducted and each yielded results of only 96% on each occasion.

As such, the missing 3% was somehow conclusive evidence the sponsor was not necessarily the father.

According to the Canadian Embassy’s letter and policy issued August 27, 2017 “Parentage test results must have an accuracy of 99.8% or higher. Test results below these levels are not acceptable as proof of relationship.”
Further , discussions with DNA analysts submit that a few percentage points below 99% can mean that the child is a relative of the sponsor ( ie. Brother) but does not necessarily mean that the sponsor is the father.

The DNA markers must be so high in order to reach an almost perfect probability. Anything less only proves that there is a strong likelihood that the applicants are patrilineally related as opposed to being two patrilineally unrelated individuals.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

ELEVEN YEARS OF SAVINGS DOWN THE DRAIN

Q. I’m a worker in Canada. I arrived in Alberta over one year ago but have not been able to find work or earn any money. I was living in Dubai for over ten years earning a modest living. I then heard about a recruiter who promised jobs in Canada. The fee was $10,000 for the placement fee. I saved this amount after working eleven years but I calculated that my promised salary in Canada for one year would cover the amount. It seemed like a sure thing and I was only required to pay once I obtained my visa. I paid the amount but when I arrived to Canada I was picked up by an agent of the employer. After two days I was told that the company in Alberta was having financial problems and that there was no work for me. They suggested that I find a new employer. I have had trouble finding a new job and my work permit is expiring soon. What can I do to stay in Canada?
A. This is a sad story. It is being published for several reasons. One, that others be warned of unscrupulous consultants. Second, as your grandmother once told you “ if it’s too good to be true, it is”. And finally, it is being disseminated due to the utter gall of people who are getting away with such fraud. It is very obvious that the recruiter ripped you off. Not only is the $10,000 an excessive amount but in my opinion it was an elaborate scheme that you would only pay upon issuance of the visa ( to show you that is appears to be genuine) and then once in Canada (when you were already here) to inform you that the company has no work for you. This is an old trick and you must inform Service Canada of the name of the company so they do not obtain further LMIA for others. Unfortunately, eleven years of savings have gone down the drain. Your recourse is now to contact the appropriate authorities and to extend your status.
Q. I applied for permanent residence as a live in caregiver but was refused because my husband was sick. He just passed away. My open work permit was issued two year ago and I recently lost my job at a bakery in Barrie, Ontario. I have no family in Canada but I do not want to leave this country. What options do I have to remain in Canada?
A. I am sorry to hear about your loss and your difficult situation. However, there may be some hope. You have not mentioned if your work permit is still valid. Nevertheless, your options vary. You can renew your work permit (if still valid) and/or you may be able to apply for permanent residence under the new Caring for Children Class. It is important to note that the new category is very different than the live in caregiver program. The new category does not
require that have a work permit in hand and does not even require you to be in Canada.
Q. Can a person apply for an open work permit at the same time as a permanent resident application when applying under the Caring for Children Class?
A. Under the new Caring for Children Class, applicants who are currently working in Canada on a work permit that is due to expire within four months and who have applied for permanent residence are eligible for an open workpermit. However, applicants must wait to apply for an open work permit until after they receive an Acknowledgment of Receipt letter from Canada Immigration to indicate that their application for permanent residence is complete. Once
received, applicants may then apply for an open work permit, as long as they still have valid status on their existing work permit and have paid the appropriate processing fees and Open Work Permit Holder fee. In these cases, applicants would need to maintain their status until the Acknowledgment of Receipt letter from Canada Immigration has been received.
Q. I applied for permanent residence under the express entry system. I have not received the federal invitation to apply but I think I will be selected soon as I have over 400 points. I now just received an email from the Ontario PNP
program saying that I can complete their application within 45 days to get their nomination. Am I required to do that? What happens if I don’t? I am not sure what route to take.
A. As you have learned, the Ontario PNP office searches through the express entry pool for candidates who want to live in Ontario. If your score is over 400 , then Ontario will send you an invitation to apply to their program. THIS IS COMPLETELY DIFFERENT THAT THE FEDERAL PART. If you select to do so, you need to send all documents to them within 45 days and pay the $1500 fee. After about three months, if you are nominated then you will get the extra points which will surely trigger a federal invitation. There is no obligation to reply to Ontario. If you don’t reply and send nothing after 45 days then you still remain in the federal pool.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

NEVER GIVE ORIGINAL PASSPORT TO AGENCY

Q. I’m a Canadian Citizen and I want to sponsor my daughter. I hired an immigration consultant to handle my case and I regret that I did not hire a real lawyer in the first place.
The experience has been a nightmare for me because I have been lied to and it is impossible to reach someone to speak to at this company. I have left messages by phone and all texts have been ignored. I recently found out that documents were signed without my knowledge. My daughter has been waiting patiently for her visa but I am not sure at what stage the application is at. My daughter needs her passport as she wants to work in Hong Kong until this is over. How can I get my passport back from the agent and is it a problem if my daughter changes her profession and country of residence?

A. Your letter is alarming and very concerning. I am almost certain of the name of this rogue consultant you speak of. Rule #1: Never give your original passport to an agent or consultant until you have a definite letter from Canada Immigration. Better yet, once immigration requests the passport, send it yourself. There is absolutely no reason why the consultant needs to have your daughter’s original passport so early in the process. Rule #2: If you do not know the process of the application, ask. As well, demand to see documents from Canada Immigration on the process so you can track it yourself. Rule #3: hire a competent professional to take over the file. The fact that your daughter changes
jobs/countries should not be a factor but best to inform the visa office.

Q. I entered Canada as a worker in 2007 and I became an immigrant in 2013. I want to apply for Canadian Citizenship but was told that all my taxes and days of residence from 2007 –2013 will not be counted. Is this true? If so, when can I apply to become a Canadian Citizen?

A. Under new rules, the number of days that you lived in Canada before becoming an immigrant are not counted. In the past a 50% credit was given. As well, the number of days in which you must reside in Canada has increased. From your brief information, you do not appear to be qualified yet. The following are the current new rules on how to become a

Canadian Citizen:
1. Processing fees have increased to $630
2. Since becoming a permanent resident, been physically present in Canada for at least 1460 days in the six (6) years immediately before you apply,
3. Since becoming a permanent resident, been physically present in Canada for at least 183 days during any four (4) calendar years that are fully or partially within the six (6) years immediately before you apply,
4. Have filed income taxes for any four (4) taxation years that are fully or partially within the six (6) years
immediately before you apply,
5. intend to reside in Canada
6. be able to communicate (speak and understand) in English if under 65 years of ageQ. I entered Canada in 2015 to work for a family as a caregiver. I understand that I cannot be an immigrant under the
live in caregiver stream but under the new Caring for Children stream. The problem is that my parents are elderly and I want to return to the Philippines after I complete my contract. Can I leave Canada after working 24 months and still be an immigrant?

A. Yes, under the new rules there is no obligation for you to hold a valid work permit to become an immigrant. Specifically, under the Caring for Children stream, you can qualify, apply and the leave the country if you wish. That is, as long as you qualify at the time of application, you can return to the Philippines to be with your parents. Then, if approved, you will re-enter as an immigrant.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

CANADA’S NEW PRIME MINISTER IMMIGRATION TOP TEN LIST

Canada has a new prime minister – Justin Trudeau. The last few months of his campaign saw him leap in the polls and drastically overshadow the Conservative party to defeat Stephen Harper. While prime minister-designate Trudeau has the past family experience to fall back on (his father was the late Pierre E. Trudeau), many wonder what he has in store for this great country. With little experience in politics, it is somewhat of a surprise that the Liberal party won with a majority of seats – perhaps a testament that the citizens of Canada want change. And it seems a change they will get. When Trudeau is sworn in as the new
prime minister of Canada he has already unleashed a slew of new initiatives when it comes to immigration. Some good and some bad but only time will tell if this ex-teacher really knows what he is doing and whether his actions are really in the best interests of Canada economically, socially and internationally.

Trudeau in his election speeches has claimed that Canada’s future success is driven by attracting talented people from around the world and that the immigration system must be efficient as it is critical to Canada’s long term economic growth. While this soundsnice on paper, we will need to see how this implemented. When the Conservatives tool power, this led to a backlog of 300,000 applicants which were then tossed out when staff could not keep up with demand. Harper’s new express entry is flawed and admittedly needs a fix. There is no easy answer but one thing is for certain. Trudeau is pro-immigration and he has promiseddrastic change. Here is a look at his top ten wish list:

1. Intake of 25,000 Syrian refugees in 2015. Really? There are only two months left in the year. How will it be possible to safely bring 25,000 displaces refugees to our shores and making sure these individuals are identified and screened properly? Most refugees expelled from their country do not have proper identification. How do we know if these people are part of the government? Rebels? ISIS? Etc…. proper background checks must be conducted so we do not regret this in years to come. The figure of 25, 000 in two months is not only unrealistic but naïve on the part of Trudeau. That number is more than the total of refugees landed in Canada in all of 2013/2014.

2. Fully Restore Interim Federal Health Program: Who will pay these extra costs? It seems Trudeau, will be taking from the rich by increasing taxes to those who earn more to pay for the rest of the country.

3. Increase Child Age for Dependants: This is the correct decision and really a flaw of the past Conservatives. Trudeau will restore the age of children to under 22 from the current under 19 allowing Canadians, especially live in caregivers to bring their children to Canada.

4. Immediate Permanent Residence for Spouses: Granting immediate permanent residency to new spouses entering Canada, rather than imposing a two year conditional status that puts spouses in a vulnerable position.

5. Repeal Bill C-24: Harper in a sense made two classes of Canadian Citizens by allowing those who have a second
citizenship vulnerable to deportation for terrorist crimes. Trudeau will repeal those unfair elements.

6. Restore Residency time on Citizenship Applications: Currently foreign students do not get any credit for time spent in Canada before being an immigrant on their Citizenship application. Trudeau will re-instate the old rules giving students 50% of the time as credit.

7. Double the amount of Parents to be Sponsored: Current cap is 5000. Trudeau will increase the number to 10,000.

8. Double the Budget for Family Class Immigration:. Currently it takes years to sponsor a spouse or parent to Canada due to a backlog of applications. Trudeau anticipates that by doubling the budget he will restore processing times to reasonable time frames.

9. Eliminate the $1000 for LMIA for Caregivers: employers seeking to hire a foreign worker will not need to pay the processing fee of $1000 when seeking to hire a caregiver to care for a family with disabilities.

10. Regulate Nanny Agencies: Trudeau is seeking to develop a system of regulated companies to hire caregivers on behalf of families and to enable caregivers to change employers easily.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

58 NEW OCCUPATIONS IN DEMAND IN CANADA WITH NO JOB OFFER REQUIREMENT

As many are aware, Canada Immigration turned the tables ten months ago by changing the playing field and embarking on the express entry system. The new express entry system eliminated the occupations list for most but this week the Canadian government through its SINP announced that there are 1000 applications available for those outside of Canada (or inside of Canada with legal status) who have work experience in one of 58 occupations. So, it seems like
we (or 1000 people at least) are now back to the old days where applicants must have work experience from a list of occupations.

It should be noted that his mini-system DOES NOT eliminate or substitute the ongoing and current express entry program. The express entry system is still active and alive. However, for some the express entry system may be taking too long and prefer a faster provincial route. Once a person is selected from this new system, they will be fast tracked for permanent residence.

In particular, the Canadian province of Saskatchewan is now accepting 1000 International Skilled Workers who have work experience in one of 58 occupations. The in demand occupations in that province is geared to attract high skilled applicants to immigrate. No job offer is required.

program is underway with intake to commence immediately. The following are some of the highlights under the newly announced Saskatchewan Skilled Worker Category:

1. The program is for those who wish to immigrate to Canada (Saskatchewan) and settle in Canada as permanent residents.
2. Applicants do not require an offer of employment or job offer.
3. Applicants who are 18 – 50 years old will be allotted points.
4. A completed post-secondary diploma or university degree is required.
5. Applicants are not required to have a relative living in Saskatchewan. However, those with close relatives will
be awarded substantial bonus points.
6. Applicants must have proficiency in the English language.
7. Must have a minimum of one year of work experience in a skilled position in the last ten years as a minimum
threshold to apply.
8. Work experience must be in one of 58 listed occupations. A sample of the listed occupations are:

Construction Managers
Civil Engineers
Mechanical Engineers
Electrical EngineersMathematicians
Software Engineers
Computer Programmers
Construction Estimators
Engineering Technicians and Technologists
Drafting Technicians
Computer Network Technicians
User Support Technicians
Professors
Lecturers
Marketing Consultants
Sales Specialists
Carpentry Supervisors
Machinists
Tool and Die Makers
Sheet Metal Workers
Welders
Electricians
Plumbers
Pipefitters
Carpenters
Bricklayers
Roofers
Painters
Industrial Mechanics
Automobile Repairers and Technicians
Drillers

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.For a free assessment visit www.moyal.com . Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

SENDING AND RECEIVING DOCUMENTS VIA EMAIL CAN RESULT IN A REFUSAL

Q. I was born in Canada and sponsored my Filipina wife through the Canadian Embassy in Manila. I have had no problems completing government documents or tax forms in the past and decided I could pursue this matter on my own. All was going well until the Canadian Embassy sent me a refusal letter recently because I failed to provide them with some documents they supposedly requested months ago. I have received prior letters in the mail but the latest communication says that they sent me a letter via email. However, I never received this email. I checked my spam box and there is nothing. I tried to call them but they won’t talk to me on the phone. I know I can appeal the case but I was hoping for another course of action.

A. With new technology and saving costs on postage, the Canadian Immigration department seems to be favouring email communication as their primary mode of communication. While I agree that it is fast and cheap, it can be full of  problems. What if a person does not have email or a computer? What if a person does not check their email regularly or they are away on vacation? And finally, what happens if you do not receive the email?
This can be disastrous as has happened in your particular case. In a similar vein, many times the embassy will request that documents be sent to them via email. Well, how can you be so sure they received it?
The above issues are just some of the problems that can arise and have arisen lately. The question on how these issues are resolved is much more difficult to answer because of the different attitude by visa officers. Some officers will not accept the fact that a person did not receive an email. This is most common when the embassy has sent previous emails with no problems. Some officers will agree to re-opening the file is the particular request is not integral to applicant’s eligibility. In brief, there is always risk is sending email and recent cases from the Federal Court of Canada seem to be in favour of the applicant. The court has said in one case that sending one single email to an applicant is not justifiable to refuse an application. As well, if there is proof that an email was received or a confirmation, it is likely that the file will be re-opened. If documents must be in their original, I suggest to send them via courier as you will be able to track the shipment.

Q. I entered Canada as a live in caregiver in December 2013 and was released upon arrival. I then obtained a new work permit. In total I worked for 12 months but I am currently unemployed. I am trying to obtain a new LMIA under a new employer but the time for processing is far too long. I am afraid I will not meet the live in caregiver requirements to apply for permanent residence. What are my options?

A. There may be other options available to you that can result in permanent residence. You have the option of applying under the new live out program and you may also qualify under the new express entry program. You have not mentioned if you are married. If yes, you can also investigate whether your spouse can be the main applicant. Best to obtain professional assistance so you know what is best before your current work permit expires.

Q. I want to sponsor my mother to Canada. She is still married to my father but they are separated and living in different countries. I have enough income for my mother but not enough if my father is included. Can I only sponsor my mother?

A. Yes and no. Yes, you can only have your mother immigrate if you want. But, if she is still married then the family size must still include the father regardless of whether the father immigrates. The income must include the father unless you can produce a divorce certificate. If they are separated for over a year, it may be wise to see if your mother is able to obtain a divorce certificate (i.e if living in Ontario), then that excludes the father and you then have enough income.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

NEW CANADIAN CITIZENSHIP RULES NOW IN EFFECT

By the time subscribers read this article the laws pertaining to Canadian Citizenship will have changed. While the Canadian government has hinted long ago of changes to key components of Canadian Citizenship eligibility, the exact time of implementation was unknown. The timing of the changes was crucial for many as new rules will no doubt leave many permanent residents in the dark. As well, those who were turning 55 years of age were hoping the delay would take longer but again, the new regulations will leave many disappointed. Current Canadian citizens will also be breathing a sigh of relief as the new rules have imposed an added “intention” element for those who are already Canadian Citizens – this is unprecedented. It will be interesting to see if the courts will see any of the rules as unconstitutional but for now the new laws are official. The strict rule regime, according to Canada Immigration, “will deter citizens of convenience – those who become citizens for the sake of having a Canadian passport to return to Canada to access taxpayer-funded benefits that come with citizenship status, without having any attachment to Canada, or contributing to the economy.”

PAST LAWS:

Any application received by Canada Immigration before June 11, 2015 will be assessed under the old laws (no information has been reported on retroactivity). The old laws were:

a. To be eligible, permanent Residents were required to remain in Canada for at least 1095 non-continuous days (3 years) within the last 4 years from date of application
b. Permanent residents who were legally in Canada before becoming permanent residents will receive those days as half-day credit.
c. Applicants 55 years of age or older do not need to prove English language and do not need to take a Citizenship test on knowledge of Canada
d. No intention to declare to reside in Canada is required

CURRENT LAWS:

The changes include the following:

a. In force June 11, 2015)b. Adult applicants must now be physically present in Canada for at least 1,460 days (four years) during the six years before the date of their application, and they must be physically present in Canada for at least 183 days in each of four calendar years within the qualifying period.
c. Applicants between the ages of 14 and 64 must meet basic knowledge and language requirements.
d. Citizenship will be automatically extended to additional “Lost Canadians” on June 11th, who were born before 1947, and did not become citizens on January 1, 1947 when the first Canadian Citizenship Act came into effect.
e. Adult applicants must declare their intent to reside in Canada once they become citizens and meet their
personal income tax obligations in order to be eligible for citizenship.
f. To help improve program integrity, there are now stronger penalties for fraud and misrepresentation (to a maximum fine of $100,000 and/or up to five years in prison). This is aimed at deterring unscrupulous applicants who are prepared to misrepresent themselves, or advise others to do so.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

MANNY PACQUIAO VS. MEL SALUMA

This is not a story about boxing. This is not a sports article nor an analysis of who should have won the “fight of the century”. It is however, a story about good vs. evil – and I don’t mean Floyd Mayweather. While most of humanity (at least in North America and the Philippines) were glued to their television sets to see the dual between Manny Pacquiao and Money Floyd, in this part of the world, at the same time a fellow Filipina was arrested in a sophisticated immigration fraud scam that targeted mostly Filipinos. Her only motivation was greed. In contrast, Pacquiao was quoted as wanting to give some of his proceeds to charity.

On one hand, there is the sense that Pacquiao was fighting for his nation and the country of the Philippines. After all, he is a congressman, and to serve and respect his countrymen must be at the forefront of his mind. Win or lose, Pacquiao will always be regarded as a hero and champion of the Philippines. A boxing title does not give someone credibility – a person’s actions do. It is for that reason that most of the world was hoping that the “good guy” would win last week in Las Vegas. It is for that reason that most of the crowd at the MGM were shouting “Manny, Manny” the entire night. For no one likes a cheater. No one likes those who prey on the innocent and who take advantage of others.

Almost at the same time that Pacquiao was taking punches to his head, Imelda “Mel” Fronda Saluma, 46, was arrested in Toronto, for numerous charges of fraud that police say netted more than $2.3 million dollars. One victim alone has gone on record claiming she gave Saluma $24,500. Fuelled by greed, police allege that Saluma, the mother of four, scammed over 600 people by forging documents and making fake job offers so people would apply for visas to Canada. To no surprise, the applicants never received their visas and were banned from re-applying for two years. According to Detective Mendoza, “he didn’t know of anyone who was successfully issued a visa using the documents”.

Applicants from all over the world paid Saluma to secure them a job in Canada through her company called GoWest International. The price tag was not cheap. Dreams often aren’t. In this case, it was at least $5000 per applicant. They came from all over the world including Taiwan, Israel, UAE, UK, Japan and the Philippines. The police allege there may be others and frankly in this writer’s opinion, 600 victims is far too low if GoWest was promising the impossible. In this case, they were. It is alleged that Saluma provided applicants with offers of employment from Mcdonald’s, Holiday Inn, Pizza Hut and Tim Hortons. As well, Saluma provided the foreign workers with documents, reference letters and employment contracts – all were fake according to police. Police believe there may be other victims.

In a report from the Toronto Star, it is alleged that Saluma was the mastermind behind a company called GoWest International who promised applicants jobs in exchange for thousands of dollars in fees. Her sole staffer was Rose Fabe Walters (a.k.a. Rosemarie Walters). It is alleged that Saluma would draft fake employment offers from large companies like McDonalds offering people a job. However, in reality no job existed. Applicants, who paid the hefty price were unaware and when they applied at the Canadian Embassy for their respective work permits, they were denied. Most were denied also on the added ground of misrepresentation which adds an added penalty of a two year ban.

Her actions not only damage the reputation of her country but also the industry of immigration law. By acting so recklessly and fraudulently, Saluma has managed to alienate those who run legitimate immigration businesses and hasno doubt tarnished the industry. There is no evidence that Saluma is a lawyer. She is not even a mere immigration consultant. It is therefore even more troublesome to comprehend how she was running GoWest for years without the proper credentials. Further, it is unknown how she was submitting the fake applications to the Canadian Embassy or to Service Canada when she was unauthorized to do so.

What we do know however is that crime does not pay. Pacquiao lived on the street and fought to survive. While he inspires Filipinos, Saluma disgraces them.

Mel Saluma, shame on you. In the words of Fyodor Dostoevsky, “if one has a conscience one will suffer for his mistake. That will be punishment – as well as the prison.”

The only consolation is that Saluma has recently been denied bail. She will no longer Go West, but Go(to)Jail.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

RENEWING PERMANENT RESIDENT CARD CAN BE CHALLENGING

Q. I became a permanent resident in March 2010 with my wife and daughter. We entered Canada for over a few months and returned to the Philippines in May 2010 to look after our business. We have been back to Canada several times over the years but we have not accumulated the required 730 days to renew our permanent resident cards. They will be expiring soon. To make matters worse, I seem to have lost my daughter’s card. She is having a problem attending school as she has no card. I don’t know what to do? Do I renew the cards now even if I don’t have the 2 years of residence? Can I apply for a new card just for my daughter as it was lost?

A. Your case is common. While each person must decide on how to proceed from here on an individual basis, the fact that you have violated the “two out of five rule” is nothing new. By way of background, pre-2002, the rule was that permanent residents were required to remain in Canada for six months out of every twelve months. After 2002, Canada Immigration was more lenient requiring only 730 days out of the last five years. Apparently though, the three year
period of permissible absence is not sufficient in this global economy. That being said, the PR card renewal application requires you to list all absences from Canada and if you have not accumulated the 730 days you may face a problem. It is possible to overcome the rule under humanitarian and compassionate grounds but recent cases show that a strict set of criteria must be met. In my opinion, if you are not going to renew the card for all members then do not submit a replacement card for your daughter as the criteria is the same. By looking at the “lost card” application, it still requires one to list all absences. The fact that she does not have a card only means she cannot travel into Canada. It does take someone’s status away. She is still a permanent resident now and even after expiry. The card is merely an identity
document. It does not confer your status as a permanent resident and she should have no problem attending school.

Q. I became a permanent resident of Canada in the year 2000. A year after, I travelled to Los Angeles and met a woman. We married and lived together for a decade. We recently divorced and I want to return to Canada to live. My immigrant visa has however expired and I have not returned to Canada since my departure in 2001. Can I simply enter Canada on my US passport? Will they question me about abandoning permanent residence? I know that I left Canada and lost my permanent residence but how do I get it back?

A. You have not “lost” your permanent residence status. The fact that you have been away for a decade does not mean that your permanent residence has disappeared. Under new rules, it is possible for you to maintain your resident status by returning to Canada and complying with the new residency regulations. If you are truly serious about returning to Canada you should not have a problem but it must be done properly. After residing in Canada for the requisite time period you will be eligible to apply for Canadian Citizenship. Best to obtain professional assistance upon arrival to Canada.

Q. I entered Canada five years ago on a work permit to work as a food attendant in Alberta. My work permit was under the low skills program. I have a new employer who wants to hire me as a manager. If I get a LMIA for that position, can I apply for permanent residence under Express Entry?

A. From the brief information provided, I would say , no. Your work experience in Canada is not skilled enough to qualify under the Canada Experience Class and therefore you cannot enter the Express Entry pool. You have not mentioned much about your prior work or if you have a PNP. Assuming you have no other prior skilled experience, I suggest you work in Canada for at least one year as a manager (with the LMIA you just obtained) and then you could qualify under CEC to enter the Express Entry pool.

Q. I need to submit a police clearance from the NBI, Philippines for immigration purposes. I have no convictions butthe notation says “No Criminal Record” instead of “No Record on File”. Should I be worried?

A. Perhaps. If the NBI clearance does not say “No Record on File” or “No Derogatory Record”, you may have a problem. In your case, it says “No Criminal Record” which likely means that something happened in the criminal sense or you were charged with some offence but it did not end up as a conviction. If so, you need to get all court documents to determine what happened and details of the charges. It is important to know that a person can still be inadmissible to
Canada even they were never convicted. Under Canadian Immigration law, if a person committed an act that is a crime in the place it was committed and that if it happened in Canada would be a criminal offence, they could be refused entry to Canada. As such, you must look at the foreign offence and see if there is a Canadian equivalent that is a crime
under the criminal code.

Q. I’m a Canadian Citizen. I met my first wife in 2012 and we married shortly thereafter. I sponsored her and she obtained her immigrant visa in 2013. The marriage unfortunately did not work out and we divorced. I now met another woman and I am thinking or marrying her soon. Will I have a problem sponsoring her?

A. Yes, you need to wait until the three year period after first wife’s landing before you can sponsor second wife. As well, if the first wife collected welfare you will in default and an ineligible sponsor until you repay the amount given to her.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call toll free 1 888 8472 078

By Atty. Henry Moyal

29 OCCUPATIONS IN DEMAND WHERE NO JOB OFFER IS REQUIRED TO APPLY UNDER PNP EXPRESS ENTRY

This is the first article to be published since Canada Immigration overhauled its application management system. Under new rules, all economic applicants under the Federal Skilled Worker category (FSW), Canada Experience Class (CEC) and Federal Skilled Trade (FST) now must go through an added step of being selected called Express Entry. In other words, all applicants must now first pass the first threshold of qualifying under either FSW or CEC or FST and then
enter the pool of applicants waiting to be selected. According to Canada Immigration’s Express Entry ambassador, the higher the ranking the more likely an applicant will be selected. Any skilled work experience is accepted but it is not certain when one will be drawn from the pool. The federal program has eliminated the demand list. However, one of the provinces has just announced a quicker route to enter the ranking and be on top of the selection grid by awarding a PNP certificate. Those selected by the province will be drawn from the pool in priority.

The program is underway with intake to commence on January 2, 2015. Entry requirements are:

1. The program is for those who wish to immigrate to Canada and settle in Canada as permanent residents. It is not a recruitment for jobs.
2. Applicants do not require an offer of employment or job offer.
3. Applicants who are 18 – 46 years old will be allotted points.
4. A completed university degree of at least three years of study is preferred.
5. Applicants do not require to have a relative living in Canada. However, those with close relatives will be awarded bonus points.
6. Applicants must have proficiency in the English language. French is not required.
7. Must have a minimum of one year of work experience in a demand occupation. The listed occupations as of today are:

Accountant and Auditors
Financial Analysts
Human Resource Manager
Purchasing Officers
Geologists
Civil Engineers
Mechanical Engineers
Electrical and Electronic Engineers
Industrial Engineers
Computer Engineers
Information System Analysts
Database AnalystsSoftware Engineers
Computer Programmers
Web Designers and Developers
Civil Engineering Technologists and Technicians
Mechanical Engineering Technologists and Technicians
Electrical Engineering Technologists and Technicians
Drafting Technologists and Technicians
Engineering Inspectors
User Support Technicians
Registered Nurses
Physiotherapists
Occupational Therapists
Medical Laboratory Techs
Licensed Practical Nurses
Psychologists
Family and Marriage Counsellors
Financial Sales Representatives

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.For a free assessment visit www.moyal.comSend questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

CRIMINAL CHARGES MAY KEEP YOU OUT OF CANADA

Q. I’m a US Citizen and I have married a Canadian lady in Los Angeles. I want to live in Canada and start the immigration processing but I am afraid that I will be denied. I was charged with a serious criminal offence fours years ago. I am embarrassed about it but I did my time and completed my sentence. Will I still be able to immigrate?

A. There are several factors that one must look at when it comes to criminal offences. They are: the Canadian equivalent of the foreign offence, whether the offence led to a conviction and the passage of time to render a person inadmissible or rehabilitated. In general, Canada will not allow a person to enter its country if a person has not been rehabilitated and/or found inadmissible. This was the case of singer Chris Brown who was recently denied entry to Canada and was forced to cancel two concerts in Toronto at the last minute. There is little doubt that his past assault charges were the reason for his denial and the special temporary resident permit was not issued on time. In your particular case, you have not mentioned the specific crime but if it was serious I will assume it was punishable in Canada for a term of at least ten years. Your actual sentence is not relevant. It is the Canadian equivalent that matters. Similarly, there is a difference between a conviction and if an act occurred that is a crime in Canada. If a person committed an act (although not convicted) that if it occurred in Canada, would be a criminal offence – that person could also be rendered inadmissible. A person is not likely not to be rehabilitated if only a few years have passed. In some cases, a passage of ten years renders a person automatically rehabilitated and no special permission is required. Given the above, it would seem that if you file a spousal application at this time you will face hurdles in order to be successful. If refused, you have a right to appeal.
If you have sufficient humanitarian and compassionate grounds you may be able to win an appeal.

Q. I became a permanent resident in 2005. I never applied for Canadian Citizenship. I was charged with a narcotics offence and assault last year. I finished my sentence of 2 months in jail and I thought my life was getting back on track until Canada Borders Agency sent me a letter requesting an interview for removal proceedings. What do I do?

A. Firstly, the CBSA letter is not an invitation but mandatory. You must attend. Second, there are several steps to removing someone and you can appeal. Therefore, it is unlikely you will be removed on the day of that interview. They probably want to gather more information about you to determine if they should proceed to the next step. Be sure to bring with you evidence of all ties to Canada ( marriage certificate, birth certificate of children, job letter, car, bank account) to convince them that your life is stable and your place is Canada. If they wish to proceed you will need to face a judge for an admissibility hearing. That is appealable. If you get to that stage, it’s serious and you should seek a professional lawyer’s help.

Q. I want to hire my niece in the Philippines as a caregiver. I live in a small town in Ontario and have two baby girls. I understand that the caregiver program allows workers to be live-out but I doubt my niece will want to live alone. Can I just hire her a live-in caregiver?

A. No. All LMIA applications sent by employers after November 30, 2014 fall under the new rules. You cannot force your niece to be live-in. If she does come to Canada and lives with you, you cannot reduce her pay for room and board. Under new rules, she must apply for a regular low skill work permit as a caregiver. It should be noted that applicants
who do come to work as caregivers under the new rules must be aware of what lies ahead. In particular, such applicants will only be able to become permanent residents after 24 months of employment if they pass an English test and have their education assessed (with a passing grade of at least one year post secondary Canadian equivalent).

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

NEW CAREGIVER CLASS CAUSE OF CONFUSION

Q. I entered Canada in January 2015 as a caregiver for a family with children. I am living inside their home. I was told that I am not required to be a live in caregiver and be live out. Since I am a live in caregiver can I apply under the live in caregiver class? I researched it and found out that this is the easier way to be a permanent resident because it does not require any English test or education.

A. If you obtained a work permit based on an LMIA submitted by the employer on or after November 30, 2014 then you CANNOT apply under the live in caregiver class. The LIC class is only for those who entered Canada specifically under the LIC class and who submitted their work permit before November 30, 2014. You now must apply under the new Caring for Children program which has its own criteria. This new program is fast tracked and faster than the LIC class but does require language proficiency. It should be noted that requests for humanitarian and compassionate grounds to overcome the Caring for Children criteria is not available and not permitted.

Q. I’m a Canadian Citizen living in Canada and in a serious relationship with my high school sweetheart. He was married previously but is now living in California. He has no status in USA. I want to sponsor him as my fiancé or spouse. I am not sure if it is better if he comes to Canada to marry or I should go there. If we marry in USA can the application be processed in Los Angeles?

A.There is no fiancé category any longer. If you are going to marry then it seems the more realistic approach is to marry in USA. I am saying this because it will be very unlikely that he will be granted a tourist visa to enter Canada and thus you cannot marry in Canada. Assuming you are both free to marry and all divorces are in place, then a wedding solemnized in the state of California is legal for immigration purposes. The place of processing will depend on his prior status in USA coupled with his current USA immigration status. For example, is he under removal proceedings? You should also take into account the place you want the interview conducted in the event you are convoked for one. All these factors are relevant but once all put into place, it is very indeed possible to sponsor a spouse who is illegal in
USA.

Q. I am in Canada with no status. I entered as a visitor three years ago and let my status expire because I entered using someone else’s passport. I am now married to a Canadian immigrant and I am pregnant. My friends tell me that they cannot deport me if I have a child born in Canada but I am still afraid to do anything for fear they will put me in jail and deport me. How do I get out of this mess?

A. Not surprisingly, advice from friends and unqualified persons is the wrong way to go. The information given to you is inaccurate once again. Having a child in Canada renders the child a Canadian citizen. The child cannot be deported but the mother certainly can. The good news is that you will not be put in jail unless there is a warrant for your arrest – if so, at worse you will detained but spouse can post a bond. However, all that will not happen if you file the proper documentation and sponsorship. There are two caveats though: you must file the new forms under the new laws forillegal visitors and second you could be found ineligible depending on the circumstances surrounding the fraudulent passport. Obtain professional advice from someone who knows the laws and regulations – a lawyer not a consultant.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

NO JOB OFFER REQUIRED TO PASS EXPRESS ENTRY

Q. I’m a mechanical engineer with several years of work experience abroad. I have no work experience in Canada. I tried to apply under the old Federal Skilled Worker program but my application was returned because of the quota. Everyone is encouraging me to apply under the new Express Entry program but when I do the math, I will never be selected because I do not have a job offer. How can I obtain a job offer if I am not allowed in Canada to at least look for an employer? It seems hopeless. Is it?

A. No, it is not. There is light at the end of your dark tunnel and I will explain why. Under the express entry program an applicant can score up to 1200 points maximum. Six hundred of those points are strictly for those who have a job offer in Canada. The other six hundred points are allotted based on someone’s age, education, language and work (ie. personal attributes). So a person can potentially obtain 1200 points (600 for a job offer + 600 personal criteria). The express entry program only started on January 2, 2015 – which makes it only three months old. So nine long months are left this year. If we look at the statistics, Canada Immigration has made five draws already (meaning they selected people based on ranking). The first two draws were over 800. That means these selected applicants MUST have at least obtained a job offer of some sort. The next draws were in the 700 range. Again, the numbers have fallen which translates that less and less people in the pool have job offers. Also, it means that these applicants only scored about 100 or 200 on the person attributes side (which is not very high). The last draw, which was only days ago, had a selection of 1620 applicants at a score of only 481. Again, that tells us that none of these 1620 applicants had job offers. The numbers are falling and it will be interesting to see how low it will go. If there are nine months left in the year and immigration must allocate thousands of visas according to their mandate, it seems to me that the numbers make fall in the 300 wage. To score 300 a person must have work experience, education and strong language skills but certainly it seems that currently no job offer is required.

This is especially good news for foreign students or those already in Canada who have work experience and were unsuccessful in filing an application under the old Canada Experience Class. Under the old CEC class, no job offer was required and only 12 months of work was required. Now, under express entry these new applicants would never be able to pass the express entry system as mathematically they would never score over 600 unless a rare job offer was issued. With the numbers falling, these applicants will certainly be more qualified and selected as they deserve to be.

Q. I’m writing to you from Singapore. I have never been to Canada. I have never been married but I was in a relationship with a Canadian born businessman who was in Singapore. We have a baby together. He no longer lives in Singapore and I have lost touch with him. Am I entitled to enter Canada because of the child? Can my child obtain a Canadian passport? What can I do for the future of my child?

A. If the father of your baby was a Canadian Citizen at the time of the baby’s birth then your child is a Canadian Citizen – which is the case. However, this does not give you any rights. Your cannot immigrate to Canada just because you have a Canadian baby. You can apply for the child’s Canadian passport as long as you have proof of the father’s Canadian status. You can file this application at the Canadian High Commission but expect processing times to be at least a year or more.

Q. I was successful in obtaining my immigrant visa recently as I am an accountant. I have not yet entered Canada. I just learned that I am pregnant. I do not know if I will have the child in Canada or not. How does it affect my immigrant visa?

A. While it might seem like a minor issue – your situation can be complicated and quite dangerous if you do not comply with the laws carefully. I say dangerous as it may result in revocation of your permanent residence. You must decide if you will give birth before entering Canada or if you will enter Canada as an immigrant and then give birth in Canada. The difference is crucial. Once you determine that seek professional assistance on how to add
child.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

EMPLOYMENT AGENCY MUST BE STOPPED

Q. I’m a nurse by profession. I was convinced by a distant relative to apply for a work permit in Canada to work as a personal support worker outside the Toronto area. The job offer was to work for a nursing home and company that guaranteed 40 hours of work per week. My relative in Toronto works for a consulting company/employment agency in Toronto who promised that the job offer was genuine. A labour market opinion was obtained and I paid thousands of dollars. When I arrived in Canada the nursing home said “business was slow” and my hours were going to be cut. I worked only a few hours a week until I finally quit. I then went back to the employment agency who said they will look for an employer to work as a caregiver. They want more money. I have recently seen ads on Kijiji where the same nursing home is looking for workers and offering full time work. What can I do?

A.You must report this nursing home and consulting company for several violations. I have not seen all your documents so I cannot say for sure what will happen to you, in particular. However, if you want others to be saved from this scam, then you should let the proper authorities investigate. For example, how did this nursing home obtain a LMIA? Personal support workers are not in shortage? Second, how could they offer full time hours and then after you arrive conveniently lower your hours? If business was so slow why are they still advertising for full time work? In my opinion, this all sounds like a scheme where the employment agency is in a relationship with the nursing home just to bring you here. They share the fees. Then, when you arrive, you are so upset at the lack of work, you quit. This must be stopped. As well, the nursing home signed an agreement to Service Canada and if they violated the terms of the LMIA they should be barred from hiring others. Only you can stop this and you have the power to do so. Finally, it is illegal for an employment agency to charge you fees to look for an employer. You should not have paid anything.

Q. I’m about to apply for spousal common law sponsorship but when I entered Canada I mentioned on my work permit application that I was single when in fact I was married. My spouse and I were not on talking terms and separated for almost 6 years so I just figured that it would be easier to file as “single”. All my documents as well as my passport is single too and with that I didn’t declare my daughter as well as I first thought it’ll be a conflict if they’ll ask her birth certificate. Now I’m in a common-law relationship in which we are filing our application before end of this year. I want to include my daughter on my application. I need your advice.

A. You have misrepresented yourself on your application. You declared the truth on your work permit application when in fact it was a lie. I would need more information on why you failed to declare your true marital status and child before handling the file. However, in my experience, we are able to overcome it. As an aside, several people have the false notion that by declaring themselves as “single”, it somehow expedites a work permit or gives the applicant a better chance of success than if married. That is simply not true. There is no truth to such nonsense and it is confusing as to why agencies in the Philippines are still providing such false information to applicants. While it may be easier tosimply say “single” (obviously less documents required) it raises all sorts of problems down the road as is evident in
your case.

Q. I’m a visitor in Canada and I have to renew my status soon. The problem is that my passport will expire shortly after my expiry date. I applied for renewal of my passport but it will not arrive until well after the expiry date. What do I do?

A. You should have applied for renewal of the passport earlier. However, since you didn’t do that you need to time this carefully. You can apply for the extension now but only receive it for a short duration. Another option is to not apply until you get the passport and then apply for restoration of status within 90 days. The problem with the second option is (a) that you will have no status once initial expiry passes and (b) if you do not obtain the passport within the statutory 90 day period you must leave Canada or risk enforcement.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

VALID WORK PERMIT MAY NOT BE REQUIRED UNDER CARING FOR CHILDREN CLASS

Q. I’m a live in caregiver but did not complete my 24 months of work experience within the four years of my arrival. I therefore never applied for permanent residence and my work permit has expired. I do not want to return to the Philippines as my new employer really needs me. How do I get my status back? Can I apply to stay in Canada on humanitarian reasons?

A.Yes, applying under compassionate grounds is an option but perhaps you should investigate whether you can apply under the new caregiver rules. Upon review, it appears that a person does not need to hold a valid work permit to qualify. That is not to say that those with no status will automatically be approved (since it is a violation of the rules to remain in Canada illegally) but there is no statutory requirement to apply under this new class. In my opinion, it perhaps opens the door for people who lost their status and do not currently hold a valid work permit. It should be noted that the live in caregiver class does indeed have a statutory requirement to hold a valid work permit at all times. Second, if you worked for 24 months by now, it may be something you should research in lieu of the humanitarian application. To qualify, you must:

1. Have qualifying work experience on a full time basis (at least 30 hours per week) at the time application is received.
2. Provide proof of your work experience. You do not have to be employed at the time you submit your application. Work experience does not need to be continuous but the work must have been authorized and work outside Canada does not count.
3. Must have a good level of proficiency in English in these four areas:

• listening,
• speaking,
• reading, and
• writing.

4. Must have a completed Canadian one-year post-secondary educational credential OR a completed foreign educational credential AND a satisfactory Educational Credential Assessment with minimum equivalency

Q.I graduated from George Brown College and obtained a post grad work permit for 3 years. My work permit will expire July 2016 and I want to apply for express entry. Will I be able to obtain my immigrant visa before my work permit expires? If not, how could I renew the work permit?

A. If you have been following the recent trend in express entry draws, you will have seen that the last three draws included applicants with scores of about 800 / 1200. This translates into applicants who were successful in obtaining job offers. You have not indicated if you have a job offer or not. Assuming you do not have one then you will likely score much lower than 800. That is the bad news. The good news, in my opinion, is that the threshold numbers are coming down and time will tell at one point they will fall. It is unjust to exclude qualified applicants like you who easily qualified under the previous Canada Experience Class which did not require a job offer. If you do get selected under express entry by mid 2016, you must obtain a labour marker impact assessment (LMIA) to get it renewed. An approved LMIA will be worth 600 points and will most likely get you over the hurdle into the next draw.

Q. I’m a Canadian Citizen since 1980. I often travel to the Philippines for business. Last year I met a woman in Manila and she just gave birth to our child. I do not wish to sponsor her but I want to bring the child to Canada. Can I? Do I need to sponsor the child? How do I file the application since I spend most of my retired years abroad?

A. First things first. The child does not need to be “sponsored”. The child was born to a Canadian father and therefore the child is a Canadian Citizen. It is irrelevant if you want to sponsor the mother of the child. You now need to initiate the process for proof of citizenship of the child. If you are in Canada, then this can be done via the Sydney, NS processing centre. If abroad, you can contact the local Canadian Embassy but in my experience that process will extend processing times an additional six months at least.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

New Express Entry System is Open to All Granting Permanent Residence in Six Months

A big change is happening in Canada. A monumental change! While most people outside the realm of immigration will not be affected, those within the immigration industry and would-be applicants to Canada will be in for a surprise starting January 1, 2015. The Canadian Federal Government is changing the way it manages its immigration applications. Most laws will remain the same but this new model (which was adopted from Australia) is a complete overhaul of the way Canada manages applications and who gets selected to immigrate to Canada. We are no longer talking about minor tweaks (for example, reducing the age of dependants to 19 and under that became effective in August 2014) or we are not talking about increasing the number of immigrants per year. The new immigration system, called “Express Entry” or “Expression of Interest (EOI)” is a major change unseen for decades. It completely shifts  gears on how Canada selects permanent residents and it now puts the Canadian government in the driver’s seat as opposed to previous (current) regimes.

Under the current system, an applicant for example, a Registered Nurse, with work experience will likely qualify and in turn that applicant will file an application for permanent residence. Assuming, she/he is qualified under the rules, the applicant’s file will be processed on a first applicant in-first applicant processed basis. It you file today, you will be processed. That is the way the system has worked for decades. In addition, under current rules, applicants normally must have a work experience in an occupation in demand in Canada. There is currently a cap or quota on such occupations. However, under the new Express Entry System, anyone can apply. There are no more quotas. There are no
more occupation lists. Any person who is qualified can now apply and “register” with Canada Immigration to show “an expression of interest” to immigrate to Canada. It should be noted that to “register” a person must have proven documents to evidence their skills, language ability, education and other details.

After that, the applicant is given a ranking by Canada Immigration and then they wait. Their “registration” is put into a pool of all applicants and Canada Immigration will “cherry pick” every so often who they want to immigrate based on the labour needs at that time. The higher the ranking the quicker you will be contacted by Canada Immigration. Once Canada Immigration “invites” you to immigrate and has contacted you, the applicant must submit their permanent residence application within 60 days. The sixty days is not a long time and that is the reason applicants should have all their documents ready before they “register”. Assuming the applicant has submitted all the required documents within the 60 day period, Canada Immigration is committed to processing the immigrant visa in six months.
The above is the new Express Entry program in a nut shell. The following additional information comes directly from communications with Citizenship & Immigration Canada’s Express Entry Ambassador. Do not rely on private sites or social media that provide misleading information on the new EOI:

WHO CAN APPLY UNDER THE EXPRESS ENTRY PROGRAM?

The EOI program applies to economic applicants who wish to apply for permanent residence under the Federal Skilled Worker Program, Federal Skilled Trades Program and Canada Experience Class program. It does not affect those who wish to visit Canada or those being sponsored.
WHY IS IT CALLED EXPRESS ENTRY?
It is express for those who are invited. Once invited by Canada, a person has only 60 days to formally provide their documents and then an immigrant visa will be issued in six months. It is not express if you are not invited.
HOW IS A PERSON GOING TO BE RANKED?
An applicant is ranked according to what will attract the best and brightest to Canada and in conjunction with the labour needs of Canada. The top priority will be those with job offers in Canada. Applicants with guaranteed offers of employment will be given highest ranking.
After that, applicants with strong language, education and work will be scored high (no job offer is required).

HOW OFTEN WILL CIC “PICK PEOPLE” OUT OF THE POOL?

Canada Immigration has not announced specific numbers on how many they will pick per week or per month for
example. However, it is important to note that Canada Immigration has announced that it will issue about 260,000 –
280,000 immigrant visas per year. Within that number about 64% of those visas will be given to economic applicants
under EOI (Federal Skilled, Federal Trades, CEC) which translates to about 180,000 visas under EOI. Therefore, if for
example there are very few applicants with a job offer (highest ranking), the next in line will be those with no job offer
taking into account that 180,000 will be used.

DOES A PERSON NEED A JOB OFFER OR A RELARIVE IN CANADA?

No. A job offer or a relative is not required but having one or the other will bump you up in the ranking and will
increase the time that Canada contacts you.

WHAT HAPPENS IF AN APPLICANT REGISTERS AND NEVER GETS CONTACTED?

An applicant’s initial registration will expire in one year and must be renewed.
CAN A PERSON UPDATE THEIR INFORMATION AFTER REGISTRATION?
Yes, if for example a person registers with a Bachelor degree and then after registration completes a Masters degree,
the person can update his profile hoping to bump up his ranking.

HOW DOES IT AFFECT APPLICANTS WHO APPLIED BEFORE JANUARY 1, 2015?

Applicants who have filed applications before January 1, 2015 are not affected by the EOI and are processed under  current laws.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193