By Atty. Henry Moyal

NEW LAWS WILL EXPEDITE PERMANENT RESIDENCE FOR CAREGIVERS

The last few months have been precarious for caregivers. The Federal Government hinted that abuse of the system would perhaps cancel the live in caregiver program. Others worried that family members would be banned from hiring relatives. Finally, rumours were that caregivers would be granted open work permits from the start. All of those never happened. In a surprise move, the Canadian Immigration department has announced that caregivers are no longer required to be live in and that caregivers will be reunited with their spouses and children much faster by expediting permanent residence. The following is Canada Immigration’s announcement of November 1, 2014.

Canada’s Citizenship and Immigration Minister, Chris Alexander, announced significant reforms to the Caregiver Program that acknowledges the valuable contributions caregivers make to Canadian families and the economy.

Changes to the program include ending the live-in requirement, and providing eligible caregivers with two pathways that will lead to permanent residence within six months.

One pathway features criteria for child care providers that are very similar to current requirements, but without the need for the caregiver to live in the home of their employer where they may be vulnerable to abuse.

In addition, caregivers in a variety of health care occupations, including registered nurses, registered psychiatric nurses, licensed practical nurses, nurse aides, orderlies, patient service associates and home support workers, will also have a pathway to permanent residence. Eligible caregivers in this stream would be able to gain their work experience either in providing in-home care or care in a health-care facility to an elderly person or a person with a disability or chronic medical condition. This pathway offers more career options for eligible caregivers, and targets workers in occupations that are expected to face labour shortages in the future. Applications in this stream would also be processed within six months.

The Government of Canada is taking aggressive action to reduce the backlog of applications for permanent residence through the Live-in Caregiver Program. As part of the 2015 Levels Plan tabled today in the House of Commons, Canada will welcome 30,000 new permanent residents in this category. Reducing the backlog and processing times will mean that eligible caregivers will be reunited sooner with their families.

Caregivers who have already applied for Live-in Caregiver Program work permits, and any who apply based on an employer’s approved Labour Market Impact Assessment submitted before November 30, will also be able to complete the work requirement on a live-in basis and eventually apply for permanent residence.

Quick facts

1. Citizenship and Immigration Canada will set an all-time record in the number of caregiver permanent resident admissions in 2014, with levels set at 17,500.

2. Both pathways will have a cap on applications of 2,750 each year, for a total of 5,500. This does not include spouses and dependants, and is consistent with the number of caregivers coming to Canada in recent years. From 2011 to 2013, about 4,500 principal applicants applied each year for permanent residence through the Caregiver Program.

3. In recent years, the Government of Canada has made a number of improvements to the Caregiver Program,including making open work permits available to live-in caregivers immediately upon applying for permanent residence, increasing the amount of time available for a caregiver to complete the work requirement from three years to four, adopting a standardized employment contract for live-in caregivers that defines the employer’s obligations to the caregiver and arranging emergency processing of new work permits for caregivers who have been abused and need to leave their employment urgently.

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

PERMANENT RESIDENCE FOR CAREGIVERS IS NO LONGER AUTOMATIC

Live in Caregivers in Canada have received some bad news lately. The Canadian government did warn the public that major changes were being drafted to amend the live in caregiver program but it now seems that caregivers will not automatically become permanent residence after two years of work. The old system essentially guaranteed that a caregiver would become an immigrant after completing 24 months of employment. Years ago, the Canadian government removed the medical requirement for caregivers so it was really a no brainer to qualify. However, under current laws, caregivers now must jump through some hoops in order to eligible under the class.

To make matters worse, even if a worker has all their requirements they may be ineligible as there is now a quota imposed on the number of people who can qualify per year. So, for example, a caregiver who has only been able to meet their 24 months of employment late in the four year window prior to arrival may not be able to file an application if the quota has already been filled. Further, caregivers no longer are required to live in their employer’s home. Eligible work can be live out which begs the question as to where all caregivers will go after work. Having to rent an apartment will mean added expenses and many caregivers may prefer to live in the employer’s house. It remains to be seen if the trend will be to live in or out.

Highlights of the new programs are:

CARING FOR CHILDREN CLASS

To be eligible for this case a worker must:

1. have acquired 2 years of work experience within the four years of arrival as a home care provider/nanny
2. pass an English test with a minimum CLB of 5
3. obtain an accredited educational assessment from designated institutions to show a Canadian equivalent of at least one year post secondary studies
4. Caregivers are not required to be live in

There is a quota of 2750 applications for this stream.

CARING FOR PEOPLE WITH HIGH MEDICAL NEEDS CLASS

1. Have acquired 2 years of work experience within the four years of arrival as a nurse or licensed practical nurse or home support worker (not housekeeper)
2. pass an English test with a minimum CLB of 7 if nurse
3. obtain an accredited educational assessment from designated institutions to show a Canadian equivalent of at least one year post secondary studies
4. Caregivers are not required to be live in There is a quota of 2750 applications for this 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 phone 416 733 3193

By Atty. Henry Moyal

CAREGIVER SHOULD LEAVE ABUSIVE EMPLOYER

Q. I’m a live in caregiver who is new to this country. The employer who first hired me lost his job and was not able to pay my salary. I then sought the help of an agency who charged me $1500 to look for an employer. The agency told me that it is better to have any new employer than no employer. I paid the fee and upon obtaining my work permit I soon discovered that the new employer didn’t need my help and was only an employer on paper. I was forced to pay my own taxes to make it seem I am working. To make matters worse the employer has made sexual passes at me which makes me feel uncomfortable. I told my agency but it seems they do not care. They told me that I need to pay another fee to find another employer. What do I do to get out of this revolving door?

A. The best suggestion is to stay far away from your current employer and from that agency. Change your mailing address and your cell phone. Each day you spend with these people is one day less on your four year eligibility work permit. Not surprisingly, I disagree with the agency. It is not better to have any employer than no employer. Your employer does “zero” towards eligibility and you gain no work experience whatsoever. Paying your tax in order to get a fake T4 at the end of the year is fraudulent. As well, charging you $1500 is also illegal. Agencies cannot charge workers for finding employment. As well, in my experience, if you keep connected to this agency you will never be out of their clutches and quite often they will ask for additional funds for you. For example, what if at the end of the year your “employer” does not wish to issue you a T4? You cannot complain to immigration (since you never worked there) and therefore you leave yourself vulnerable to further extortion by this tag team.

Regarding the sexual advances, that is outright criminal. If you have the strength call the police. At a minimum, pack your things and get out of this situation that provides no benefit to you in any way. It only wastes your time. It is also important to note that the Immigration department is very sensitive to caregiver abuse. If you feel that you’ve been a victim of abuse in your workplace, you may be eligible for emergency processing of a new live-in caregiver work permit to help you transition to a new employer as quickly as possible.

Q. I am already in Canada as Permanent Resident. I did not declare my child upon entering. Am I eligible to bring him to Canada to visit or can I sponsor him? I was told that I cannot ?

A. It is not so black and white. While it is true that entering the country and misrepresenting your family status is a serious issue, it does not automatically mean that your son cannot enter the country. The specific law is actually R117(9)(d) which states that if you failed to disclose the child before coming to Canada, then the Immigration Department is not going to consider that person as a family class member after you enter. However, other regulations focus on compassionate factors that may or may not overcome the former rule. In other words, it really depends on the circumstance and each case must be dealt with on its own merits.

Q. I applied to immigrate to Canada as a nurse and my visa was fast tracked. It only took six months to process the application. My questions are: Can I enter Canada and then leave right away? Do I have to work as a nurse? Am I permitted to sponsor my boyfriend after I arrive?

A. Yes, you can enter Canada, become an immigrant and leave the next day if you want. However, there is a caveat. If you leave so soon you will not have the actual PR card in your hand. Therefore, you will not be able to get on a plane until you have the PR card. Second, you are not restricted in the occupation regardless of how you entered. Once you enter Canada as an immigrant you are free to work in any occupation in any city – regardless of the occupation in which you applied to become an immigrant. Finally, if you marry your boyfriend after landing, you would then be able to sponsor him as a spouse.

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

REDUCTION IN AGE OF DEPENDANT CHILD IS NOW IN EFFECT

Applicants who are including dependant children on a permanent resident application must now be aware of new rules regarding age of dependant children. In the past, an applicant could include a unmarried child who was under 22 years of age OR include an unmarried child who was over 22 years of age on the condition that the child was a continuous full time student from the age of 22.

Effective August 1, 2014 the age of dependant child has been reduced. Currently, an applicant can only include an unmarried child who is under the age of 19 – period. Canada Immigration has removed the “still a student” option and therefore children who are studying full time, and are 19 years of age or older, can no longer be considered dependent children.

Lock in Date and Applications Already in Process

For all permanent resident applications Canada Immigration locks in the age of a dependent child at the date that CIC receives a complete application for permanent residence. A complete application is one that is made in writing using the form provided by the Department, signed by the applicant, including all information and documentation required including processing fees.

1. Certificat de sélection – distressful situation: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 71, to whom a Certificat de sélection du Québec has been issued declaring that that person is in a particularly distressful situation and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

2. Quebec economic candidate: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 86, 96, 99 or 101, to whom a Certificat de sélection du Québec has been issued and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

3. Provincial nominee: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the provincial nominee class, who is nominated by the province and who makes an application under Division 6 of Part 5 is the date on which the application for nomination was made to the province.

4.Live-in caregiver: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the live-in caregiver class and who makes an application under Division 6 of Part 5 is the date on which the initial application for a work permit as a live-in caregiver was made.

5. Sponsorship – refugee: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in paragraph 139(1)(h), who makes an application under Division 6 of Part 5 and in respect of whom an undertaking application is made by a sponsor who meets the requirements of sponsorship set out in section 158 is the date on which the undertaking application was made to Quebec.

6. Refugee: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who submits an application for a permanent resident visa under Division 1 of Part 8 along with one of the referrals set out in section 140.3 is the date on which the referral was made.

7. Family member who does not accompany applicant: For the purposes of determining whether a child who submits an application under paragraph 141(1)(b) is the dependent child of a person who has submitted an application under paragraph 139(1)(b), the lock-in date for the age of that child is the date on which that person submitted the application.

8. Refugee protection: For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who has submitted a claim for refugee protection inside Canada under subsection 99(3) of the Act, who has acquired protected person status and who has made an application for permanent residence is the date on which the claim for refugee protection was made.

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

LIVE IN CAREGIVER PROGRAM MAY BE CANCELLED

Q. There is a rumour that the live in caregiver program will be cancelled? Is this true? I am currently in Canada as aworker under the program. Will I need to go back home?

A. The most important thing to remember is that nothing is official yet. As of the date of this article, no official news has been published stating that the LIC program will end. However, the federal minister has already stated that “changes are on the way” which, in my opinion, could be the elimination of the program. The federal minister apparently has the misconception that the LIC is being abused and that applicants are simply trying to enter Canada when apparently the employers are relatives. The minister is suspicious of the fact when the employer / employee are relatives. If so, is that a reason to overhaul the entire program? If the main concern is possible abuse, why not simply amend the rules prohibiting workers from being employed by a relative? For example, an applicant can qualify for permanent residence after working 24 months but the work experience accumulated cannot be from an employer who is related to the worker. That is my suggestion. To cancel the entire program would be devastating to many Canadian families who rely on live in help especially when both parents are employed and have young children. It would also be devastating to many potential caregivers seeking greener pastures in Canada. It is unknown exactly what the new regulations will be but it is unlikely that those already in Canada under the LIC program will be required to return home if the program is cancelled.

Q. I arrived in Canada as a live in caregiver over three years ago. I am preparing all my documents for the submission of my permanent resident application. I will be filing for an open work permit at the same time. My current employer will be releasing me from my employment. I will no longer be employed by my current employer the day I file for my open work permit. I want to return to the Philippines to visit my husband right after I file my application. Will I have a problem? I know open work permits are issued quickly under new rules but I do not think it will be issued by the time I return. Will I encounter any problems?

A. I strongly suggest that you hold off on your trip. I am assuming you have a re-entry visa – so that is not a big concern. The bigger issue is that when you return you will (a) not have your open work permit and (b) you will be the holder of a work permit for an employer to which you are no longer employed. In my view, it is quite dangerous for you to come back to Canada because the officer at the airport will likely call the employer to verify your employment (to which you have none) and upon discovering same will likely not permit you to enter. In that case, the permanent resident application will be in limbo and the whole case can fall apart. I therefore suggest that you wait until you have your open work permit in hand. It will not take long to get it.

Q. I immigrated to Canada as a physician three years ago under the Federal Skilled Worker category. My application took two years to process. When I first applied I was single with no children. When I obtained my visa I had one child but did not have the time to inform the embassy. When they called me to pick up the visa, I only had one month to enter Canada. It was all rushed and I was too excited to know what to do. What do I do now?

A. On one hand you knew quite well that you had to inform immigration about the child but you decided not to tell them because you were rushed. While I can understand what happened, the embassy may not have such sympathy. You should have returned the visa and/or inform them of the baby. The fact that you did not tell them means you entered Canada on a misrepresentation. If Canada Immigration finds out you run the risk they will call you to court to explain. The best case scenario is that you file an application to sponsor your child now under compassionate grounds. It is possible but not easy.

Attorney Henry Moyal is a certified and licensed Canadian 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 Henry Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

U.S.A. AND CANADIAN PERMANENT RESIDENCE APPLICATIONS CAN BE FILED AT SAME TIME

Q. I live in New York and I have visited Canada several times. I am in the process of applying for my USA greencard but I am worried that it may take too long leaving me with nothing at the end. Can I apply for Canadian permanent residence at the same time as my pending greencard application?

A. Yes, there is nothing in the law that stipulates that you cannot apply for permanent residence in Canada if you have a pending immigration case in another country. Regarding the timing, it is something you will need to decide for yourself. Meaning, on average a permanent resident application takes approximately 12 months. I do not have the specifics of your greencard case. If you obtain Canadian residence and the greencard application is still pending you will need to find out from the USA immigration authorities what will happen to the application.

Q. I arrived in Canada a few weeks ago. I consider myself to be highly educated and an asset to any company. I am planning to relocate to Canada and I have been in contact with some companies who are interested in hiring me. They have stated that they will employ me but only if I have a work permit or if I am a permanent resident of Canada. On the other hand, my elderly aunt requires a full time caregiver and some people have told me that I should just apply as a caregiver. Can I obtain a work permit while I am a visitor?

A. There are several issues here. Firstly, let’s tackle the caregiver option. Do you have caregiver training? The regulations require you to have at least six months of training as a caregiver. If you did not obtain that training prior to your arrival then it is unlikely that you will be able to obtain that training in Canada unless you obtain a student visa. Be careful and do not attempt to obtain the caregiver training as a visitor (without a student visa) because it will not be acceptable when you apply as a caregiver. Assuming you have the caregiver training and you are qualified as a caregiver, it is possible to obtain a work permit while you are a visitor. It will require some strategy and good timing but it possible by extending your visitor status and simultaneously applying for the work permit in the USA. Let’s now explore the job offer at the company. It is a common dilemma: how can the company hire you unless I have a work permit but the work permit can only be obtained with the assistance of the company. There a different types of job offers. Some lead to permanent residence and some lead only to a work permit. Each has its own criteria but each will give you a strong boost and added points on a permanent resident application. Again, the job offer that leads to a work permit can only be processed outside of Canada. If you are interested in filing a permanent resident application, there is no need to file for a work permit as long as you qualify under the current regulations.

Q. I was married to a man when I was young in the Philippines. We separated over 20 years ago and I do not know where he is. I know that he married someone else and so have I. Can I state on my application that I am married to my current husband?

A. No. It appears that you married your current husband when you were married to another man. You are not legally married to your current spouse. However, if you have lived together for over one year you can file your application as “common law partners”.

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

OUT OF STATUS APPLICANTS STILL ELIGIBLE TO APPLY

Q. I read that Canada’s immigration program is open and that there are many occupations in demand in Canada. I’m an experienced engineer and my wife is a manager. I believe we are qualified but need your final opinion. Most importantly, I am hesitant to apply because I am out of status here in Las Vegas. Can I file an application while I have no status? Do I need to leave the USA to do my medical?

A. The most important part of the assessment is to determine if you are qualified under the new rules. If you are not, then the issue of your status becomes irrelevant. That being said, you are correct in saying that Canada has recently opened its policy to a wide array of occupations. Many occupations which have not been in demand before are now in high demand. Similarly, engineers and managers are always in high demand in Canada. If you have at least one year of full time work experience (within the last ten years) and a strong level of English then you are eligible to apply. No job offer is required. No relative in Canada is required (to petition you). Finally, a person’s status in USA is not a factor. If you have lost status in USA you are still eligible to apply. We have been successful in doing so many many times. You also do not need to leave USA to obtain medical or police clearances.

Q. What are the benefits of applying to Canada vs. USA immigration?

A. Any discussion on benefits to immigration should, in my opinion, first tackle the general method in which one can immigrate. The USA immigration system is primarily family based or employer based. That is, an applicant must have a relative or employer to petition them for a green card. It is unlikely then for a person to “do it on his own” in order to immigrate to the USA. Canada, however, has a totally different outlook on how it selects its immigrants. Canada’s immigration system does allow family sponsorship but only in limited cases. The bulk of Canada’s immigrants are those who apply without anyone’s assistance. That is, an applicant who has the required education, language ability and work experience can apply on their own. No assistance from an employer or relative is required.

Once in Canada as an immigrant, permanent residents enjoy an array of benefits including free health care, free education up to the end of high school and a diverse multicultural population.

Q. I’m a live in caregiver in Canada. I have my open work permit. I will be giving birth to a child in Canada soon and I am planning to marry the father of the child early next year. The problem is that my fiancé is a failed refugee claimant. He has not been asked to leave Canada though. If we marry will he be able to remain in Canada?

A. I would think twice before marrying. Not only will he not be able to stay but it could potentially jeopardize your application. All those years working as a live in caregiver will be lost. You may get refused and no one would be an immigrant. I am saying this because one of the requirements for you to become an immigrant under the live in caregiver class is that no dependant must be inadmissible or have an enforceable removal order. If you marry, your spouse is your dependant and he has an enforced removal order. Either not marry or have spouse leave Canada.

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

PERMANENT RESIDENT MUST RETURN TO CANADA BUT DOES NOT NEED INCOME LEVEL TO SPONSOR SPOUSE

Q. I’m a permanent resident of Canada. I landed in Ottawa, Ontario in 2005 and had a good paying job. In 2011, I returned to the Philippines to care for my ailing father and I have not returned to Canada since. During my stay in the Philippines I met a woman and we married a few months ago. I want to come back to Canada and bring my wife with me. Can I start the sponsorship now? I read that I must have a job to sponsor my wife but I resigned from my job long ago and I do not know when I will be able to land another job in Canada. Do I stay in the Philippines and sponsor? Do I need to return? Please help.

A. There are a few legal issues here. You have stated that you are a permanent resident of Canada and not a Canadian Citizen. As such, that triggers two important points. Firstly, you have a PR card that has an expiry date. You will not be able to board a plane with an expired card. To obtain a new card you must have been in Canada for two years within the last five. This seems to be a problem. As well, as a permanent resident you cannot file a sponsorship while abroad. You must be in Canada to sponsor your spouse (Canadian Citizens by the way can live abroad and remain abroad while sponsorship a spouse). Therefore, you need to return to Canada to file the sponsorship application and you can do so even if you do not have a job. The financial requirements are waived when sponsorship a spouse as long as you can demonstrate you are able to support yourself without collecting social assistance. In rare cases, your spouse may be able to obtain a visitor visa. If so, you can enter Canada together and then file the sponsorship from inside of Canada.

Q. I’m a nurse from Saudi Arabia and I already applied for permanent residence. My application is almost complete and my husband has completed his medicals and we submitted our passports. To our surprise, we just received a letter from the Canadian Embassy telling us that they want to refuse the application because they discovered that my husband was married to another woman before he married me. I did not know about this. I confronted my husband and he told me that he was under the impression that it was annulled. He has a document showing he filed the annulment. We have sixty days to give a reply so this is urgent.

A. I suppose the most important thing to find out is if the annulment was finalized and there is a final judgment. If there was a final order of annulment before he married you then this can be fixed easily. If however, there was no final order (regardless of whether he filed the application) then legally your husband committed the criminal act of bigamy (because he married a person while already married to someone else). If so, this becomes problematic because his inadmissibility becomes your inadmissibility that can render a refusal for everyone. I suggest you have a discussion with your husband on why he did not inform you of this, on whether you want to include him on the application and obtain professional advice on how to deal with this with the Canadian Embassy.

Q. I’m a live in caregiver and I already have my open work permit. I met a man during my vacation in Los Angeles last year and we recently married in Las Vegas. Do I need to add him to my application or should I sponsor him after I become an immigrant? If I need to add him how is this done?

A. You absolutely must inform the immigration authorities of the change of your marital status. It is crucial. You cannot become an immigrant until your husband completes applications and does a medical exam. Failure to do so will mean you will not be able to sponsor him in the future. To add your husband he must complete the generic application and send photos with processing fees.

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

25 OCCUPATIONS IN DEMAND AS OF MARCH 2014

It was only a few months ago that the Saskatchewan International Skilled Worker Category was announced and listed two hundred occupations in demand in Canada that did not require a job offer to qualify. Unfortunately, that program was restricted to only 250 applicants and it now closed.

However, Canada Immigration has just announced a new program that is effective March 2014 and which does not appear to have a designated quota. It should be noted that the government reserves the right to close the program at any time and without notice. Under the new program applicants must be willing to relocate to Canada and become permanent residents. THE PROGRAM IS NOT FOR EMPLOYMENT. THE PROGRAM IS NOT A RECRUITMENT FOR JOBS AND IS FOR THOSE WHO WISH TO IMMIGRATE TO CANADA ONLY. Theprogram requirements are:

1. Applicant must be between the ages of 21 and 55.
2. Applicants do not require an offer of employment or job offer.
3. Applicants must have completed high school and obtained a certificate or degree of at least one year after high school.
4. Applicants do not require to have a relative living in Canada.
5. Applicants must have “medium” proficiency in the English language. Applicants do not need to be fluent in English or French
6. Applicants are able to include their spouse, partner and dependant
7. Must have a minimum of two years of work experience in the last five years to apply. The work experience must be in one of the following 25 occupations:

* Systems Testing Technicians
* Industrial Engineering and Manufacturing Technologists & Technicians
* Registered Nurses
* Head Nurses and Supervisors
* Mechanical Engineering Technologists and Technicians
* Electrical and Electronics Engineering Technologists and Technicians
*Managers in Health Care
* Computer Engineers
*Licensed Practical Nurses
* Electrical and Electronics Engineers
*Mechanical Engineers
* User Support Technicians
* Industrial and Manufacturing Engineers* Specialist Physicians
* General Practitioners and Family Physicians
* Financial Auditors and Accountants
* Software Engineers and Designers
* Medical Laboratory Technologists and Pathologists’ Assistants
* Insurance Adjusters and Claims Examiners
* Information Systems Analysts and Consultants
* Welders
* Machinists
* Industrial Electricians
* Steamfitters/Pipefitters
* Sheet Metal Workers
The program is underway with intake to commence immediately.

PLEASE KEEP THE FOLLWING IMPORTANT POINTS IN MIND:

1. Applicants seeking to relocate to Canada for a job placement should not apply
2. Applicants who do not fulfil ALL the above requirements should not apply
3. Due to volume of applicants, phone calls are not entertained.
4. Only qualified applicants will receive feedback

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 Youtube: http://m.youtube.com/watch?v=0QsRpU0t84I.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

By Atty. Henry Moyal

GHOST APPLICANT CAN STILL BE SPONSORED

Q. My name is Corazon. I applied to obtain a visa to visit Canada three times and I was refused each time. I then met someone who was able to obtain a fake passport in someone else’s name (Sharon) but with a real Canadian visa in it. I entered Canada as “Sharon” in 2008 and have lived in secret the last six years. In 2010 I met a Canadian man and we married. We have three children together. I have been afraid to do anything up to now because I basically do not exist in Canada. I no longer have Sharon’s passport and I am not able to tell anyone my real story. What can I do?

A. There are some key issues here. I understand that you are somewhat of a ghost in Canada. I also understand that you feel stuck but I hope, for your sake, that you did not make matters worse after arriving in Canada. Let me elaborate. Ok, I see that you entered Canada using a fraudulent passport under the name of Sharon. So what did you do after that? Did you try to extend your visa or apply as a refugee or work with Sharon’s passport? Further, you said you married a Canadian man. I assume you have a marriage certificate. Under what name is the marriage certificate?

My point is that if you continued your lies after arrival then you are likely to face bigger hurdles. However, if you did nothing to make things worse (and I mean you did NOT use the fake passport in any way after entry to obtain any sort of benefit) then you should be fine by filing a sponsorship. Under immigration law there is a provision allowing a spouse to file an application even they entered with a fake passport as long as they did not use that passport later on. Similarly, if your marriage certificate is “Sharon” then that is a big problem because Sharon does not exist. If you used your real name then you did not procure a fake marriage certificate and I do not see much of a problem especially since you have three young children. Don’t get me wrong, this is still a serious and complex scenario but it can work out for you.

Q. I applied for permanent residence in Canada two years under the caregiver program. My spouse who lives in Saudi Arabia has not been diagnosed with a rare blood disorder. It is very controlled but the immigration department is saying that he is likely to have medical problems in the future that will be a burden on Canada’s health services. They want to refuse his application. What other way can I bring him to Canada? Can I sponsor him after I become an immigrant?

A. Let’s clear up one important thing. His application is your application. This is basically one family application. If he is refused for medical reasons then the entire application fails. No one gets a visa. That being the case, if he is really medical inadmissible then applying under another category is a waste of time as all visa categories require a medical exam. The only way you can sever him from your application is via death or divorce. Therefore, my suggestion is to fight this before they refuse the application. You have stated that his medical condition is stable and that there are foreseeing the future. Well, the medical findings of his condition must be reasonable and must be likely. It cannot be a fishing expedition. Therefore, you should obtain medical reports from your doctor to support your claims. Finally, it seems that the immigration department is saying that your husband’s condition will likely exceed the health costs of average per capita – which is about $6000. Therefore, you should provide evidence to prove that his medical treatment, if allowed into Canada, will not exceed that amount and will not be a burden on health services.

Q. I’ve been a permanent resident of Canada for the last decade. I have a good job and pay my taxes. I never applied for Canadian Citizenship. I was charged with assault and some other offence last years. I did plea guilty and I never went to jail. I received a letter from Canada Immigration to attend an interview. I do not understand what Canada Immigration has to do with my criminal offences? As well, my trial is over and it was so long ago. Please explain.

A. Since you are a permanent resident and not a Canadian Citizen, the immigration department has the right to deport you if you have been convicted of a crime that is punishable by at least ten years. It does not mean that you will be deported but the interview is the first step towards that. It can be a lengthy and complex process so it is best to hire a lawyer. For the benefit of readers, this is one key element between permanent residence and citizenship. Clients often ask what the difference is between the two. There are three main differences:

1. Permanent Residents cannot vote in a federal election (Canadian Citizens can).
2. Permanent Residents must maintain residence in Canada for 2 out of 5 years (Canadian Citizens have no restriction)
3. Permanent Residents can be deported if convicted of criminal offences (Canadian Citizens cannot be deported)

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

SPONSORING A PERSON WITH NO STATUS IS POSSIBLE

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 for illegal 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.

Q. I came to Canada as a live in caregiver in 2009. I was initially released upon arrival from my first employer. I did not obtain a new work permit until two years thereafter. I believe I now have the required 24 months of employment but my work permit is expiring soon. I will not have time to file my permanent resident application before the work permit. My passport is expiring too. Can I postpone my permanent residence application? Will I be able to extend my work permit?

A. I have a feeling you are going to face some bad news unless you clean up your situation and act fast – very fast. If you arrived in 2009 then you must accumulate 24 months within 4 years of arrival. If you do not then you could be out of the live in caregiver program. If you did then you must hold a valid work permit to obtain a permanent resident visa.It sounds like you will need a labour market opinion to extend the work permit if it is past the 4 years. As well, if your passport is expiring you should renew it immediately as the work permit cannot be issued past expiry of passport.

Q. I’m an occupational therapist and have several years of work experience. I want to apply as an immigrant but the problem is that my spouse is still in the Philippines and he is not so determined to immigrate. Can I just file the application myself and explain to immigration that my husband is not interested?

A. No, the world of immigration law does not work like that unfortunately. Providing a letter will not help. In fact, I am certain that they won’t even process the application. Your spouse is still a family member and must be declared on the application. He can be accompanying or non-accompanying. Whether he is immigrating or not – he still must pass medical and security checks and provide all relevant documents as a dependant.

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

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

With global competition to attract the best and brightest of candidates, the Canadian province of Saskatchewan has just published a five page list of in demand occupations in that province to attract high skilled applicants to immigrate with no job offer requirement. Those who follow Canadian Immigration law will note that this new Saskatchewan program comes after the Canadian province of Quebec announced its own program giving priority to nurses a few months ago. As a side note, the Canadian federal program only has a mere 24 occupations on its list. The Saskatchewan program however is widespread and gives priority to applicants with experience in one of two hundred occupations. As well, the Saskatchewan program gives credit for work experience within the last ten years whereas Quebec only looks at one’s experience in the last five years.

The program is underway with intake to commence on January 2, 2014. While the Saskatchewan program is very attractive it seems that the quota allotted will not be as generous as the 20,000 allocated under Quebec’s regime. Those who are interested are well advised to apply early as quota’s can be met quickly. The following are some of the highlights under the newly announced Saskatchewan International Skilled Worker Category effective December 2,2013:

1. The program is for those who wish to immigrate to Canada (Saskatchewan) 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 – 50 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 Saskatchewan. However, those with close relatives will be
awarded bonus points.
6. Applicants must have proficiency in the English language. French is not required and not relevant to
Saskatchewan.
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 two hundred listed occupations. A sample of the listed occupations are:

Managers (all)
Accountant and Auditors
Banking Managers
Administrative Officers
Financial Analysts
Secretaries
Engineers
Chemists
ArchitectsLand Surveyors
Mathematicians
Technicians and Technologists (all)
Estimators
Physicians
Dentists
Dieticians
Physiotherapists
Pharmacists
Optometrists
Veterinarians
Nurses
Dental Hygienists
Opticians
Midwives
Licensed Practical Nurses
Teachers and instructors
Social workers
Librarians
Insurance Agents
Supervisors and Contractors
Plumbers
Electricians
Carpenters

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

MEETING ON FACEBOOK CAN RAISE SUSPICIONS

Q. I’m a Canadian born man who has met a Filipina online via Facebook. A friend of a friend sent me her profile. We chatted for many months before we married last year but we never met until my trip to the Philippines last summer. I want to sponsor her for immigration but I was told that we need to wait a few years to develop the relationship. We do not have any children and it is hard because my visits to see her are only for a short period of time. She is younger than me but we get along great. When is a good time to sponsor her and what should I expect to happen after the sponsorship is approved?

A. You can expect, at a minimum, an in depth interview by an immigration officer asking several questions pertaining to how you met and your relationship. There is no magic number as when you should file the sponsorship but waiting years to “develop the relationship” makes little sense to me. If the relationship is genuine and you can prove it then there should nothing to develop. If the relationship is still new and weak then you are likely going to be refused – especially if there is an age gap and you met on an internet chat site. Once refused though, you have an automatic right of appeal. Canada Immigration has become very suspicious of marriages of convenience and will not hesitate to refuse a case if they feel that the relationship was entered into in bad faith. If that happens you are facing an appeal which can take over a year to be heard in court. Therefore, make sure you use the new requirements for such spousal applications and obtain the proper legal advice before it is filed.

Q. I applied for permanent residence and added my spouse as my dependant. The Canadian Embassy is asking us to provide a record of marriage/certificate of no marriage. The problem is that my current spouse was actually married to someone else before we married. I agreed to marry him because his first wife disappeared and could not be found. I am afraid that his previous marriage will be a problem. Can we just file for an annulment now?

A. Filing for an annulment will not help your current situation. Firstly, an annulment can be costly and time consuming. Second, an annulment does not negate the fact that (a) your spouse committed bigamy and (b) your misrepresented yourself on the application by stating that your spouse is your husband when legally he is not. He is not legally married to you and is not your spouse. It would have been best to inform them that he was your common law partner in order to avoid this unfortunate scenario.

Q. I want to adopt my niece who has been left orphaned by the recent Typhoon Haiyan. I’m employed in Canada and will have no problem caring for her. How can I get her to Canada on a priority basis?

A. I am sorry to hear about your niece’s loss. If she is an orphan and under the age of 18 then you have two options. The first option is to apply for a visitor visa so she can enter Canada immediately. The second option is that you areable to sponsor her for permanent residence. If she is directly affected by the Typhoon , you must prove it and according to Canada Immigration’s recent announcement they will expedite the application process.

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

FATHER CAN SPONSOR SON HE NEVER KNEW HE HAD

Q. I have a complicated and complex case. I became an immigrant in the year 2006. I was sponsored by my mother who was working in Canada for many years. In 2006 I came to Canada with a brother and a sister. We were all single and students at the time. Before coming to Canada my girlfriend at the time was planning to work in Saudi Arabia and we had a short relationship in 2005. She went to Saudi Arabia and I went to Canada. We lost touch until a few years
ago when she found me on Facebook and informed me that she got pregnant in 2005 and did not tell me. My son is now seven years old and he looks just like me. I married my girlfriend this year and I want to bring them both to Canada. I am afraid I will be in trouble if I tell them that I had a child before coming to Canada and be accused of misrepresentation. What do I do?

A. Your case is actually not so uncommon. I have handled such matters before and it is very plausible that you had a child and the mother did not inform you of the child. It is possible to sponsor your son despite the fact that you were not aware of his existence. The application must however be documented extensively in order to overcome the misrepresentation hurdle.

Q. If a person is living in the USA without legal status can they still apply for permanent residence? Can they undergo the medical test in the USA? What about police clearances?

A. Assuming you are qualified and assuming you file properly, you can indeed file an application in the USA when you have no status and do a medical and obtain police clearances without legal immigration status – all within USA.

Q. I have lived in Brampton for the last 5 years. I originally entered as a contract worker but my visa expired. I then met a woman and we married. We filed the application with the help of a consultant but I think it was filed at the wrong immigration office. I was told that my illegal status would not matter so I am confused as to why it is taking so long for
immigration to process my visa after so many years. When I called them they told me the file is in Manila and that I should contact the embassy. I am confused because I am in Canada so why should I contact Manila? I am afraid to ask anyone for help fearing the embassy will hold it negatively against me that I am seeking a second opinion.

A. You need to obtain professional help right away. Whether you call it a second opinion or not, it seems to me that you are not aware of what you have filed and you need to find out from Canada Immigration as to what stage your immigration file is at. In my opinion, you are not getting a second opinion. You are actually getting a first opinion because any assistance (or lack thereof) from the consultant you hired is counted as zero. I am further confused as to
your fear that the embassy would regard obtaining getting professional help as a negative thing. In my opinion, the embassy should be pleased to deal with a professional to relay pertinent information. Since your case has taken more than a few years it is likely that an interview was scheduled and you did not attend. On the other hand, if you were not
under removal proceedings then I find it baffling as to why your application was sent to Manila instead of filing the application inside of Canada. It seems quite obvious that there are pieces of the puzzle missing and getting a second opinion would be the best thing to do at this point in the hope of salvaging the application.

Q. I want to apply to be an immigrant of Canada with my daughter. I’m a medical lab technologist with years of experience. I believe I am qualified. The problem I am facing is with my wife and child. We are not divorced. I cannot locate my wife who needs to give me consent to divorce or to permit me to immigrate with my daughter alone. I cannot obtain a divorce because I do not know my wife’s address. I seem to be going in circles trying to comply with all the requirements.

A. It is indeed a problem that seems to be common. The fact is that if you are not divorced or annulled then your wife is considered to be a family member – like it or not. As a family member she must be declared on your application, she must complete forms, she must undergo a medical and provide police clearances. Another fact is that you will not be able to immigrate with your daughter unless the other parent gives signed/notarized consent. To make things go
smooth, I suggest you file for a divorce and obtain sole custody. In that way, both problems are resolved. To get a divorce without knowing her whereabouts may require a motion to the court but is possible.

Q. I’m a live in caregiver in Canada. I have my open work permit. I will be giving birth to a child in Canada soon and I am planning to marry the father of the child early next year. The problem is that my fiancé is a failed refugee claimant. He has not been asked to leave Canada though. If we marry will he be able to remain in Canada?

A. Unfortunately, marrying this individual could potentially jeopardize your application. All those years working as a live in caregiver will be lost. You may get refused and no one would be an immigrant. I am saying this because one of the requirements for you to become an immigrant under the live in caregiver class is that no dependant must be inadmissible or have an enforceable removal order. If you marry, your spouse is your dependant and he has enforced
removal order. Either not marry or have spouse leave Canada. In rare situations it may be possible to marry and then discuss the predicament with the immigration officer who will advise when indeed spouse must leave.

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

NURSES CAN IMMIGRATE WITHOUT A JOB OFFER

The response has been overwhelming. Nurses from all over the world, including Libya, Sri Lanka and France have expressed an interest in the new Quebec Program for Nurses that was recently announced by the Canadian Government. The details of the program were featured in an earlier article but it seems that applicants are still confused regarding eligibility requirements. Many of our readers have asked if relatives are required to submit sponsorships or whether hospitals in Quebec are required to first recruit applicants for open positions. In contrast to USA Immigration laws, the Canadian program does not require an offer of employment. Similarly, the Canadian program does not require any relative sponsorship nor does it require an applicant to have a relative in Canada.

Other readers expressed a concern due to their age or poor language skills. In this regard, it should be noted that older applicants are not excluded. Each factor is given a point score and therefore an applicant is able to advance his/her score with education or work experience which a younger applicant may not possess. Similarly, a low language skill does not necessarily exclude an applicant as other points can be awarded for adaptability and spouse’s characteristics.

It is important to remember that only the last five years are looked at. Applicants who have no work experience as a nurse or education in the last five years are not likely to pass.

As previously stated, 20,000 applications are being processed and it is unknown how many have been allocated to date. What is known though, is that Canadian Nurses Associations predicts that 60,000 nurses will be needed by 2022 in order to fill labor shortages. Interested applicants should complete the free assessment form in www.moyal.com.

LONG TERM CANADIAN RESIDENT CAN APPEAL FOR RIGHT TO RETURN

In the same vein, many readers from abroad have questioned whether they can apply to immigrate when they have previously obtained permanent resident status. As such, a permanent resident of Canada is always a permanent resident unless an embassy or court has made a final determination of the loss of immigrant status. In other words, a permanent resident who has been absent for many years is still a permanent resident by law and must apply for a travel document to return to Canada. If that application is refused, an appeal can be made to the Immigration Appeal Division.

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

THE FUNDAMENTALS OF SPONSORING A SPOUSE

Q. I have been a Canadian Citizen for nearly two decades. I have never sponsored anyone before. I want to sponsor my wife who is a Filipina and in Canada now as a visitor. Her status as a visitor will be expiring soon and she has heard from people in the community that she must leave Canada. I am trying to reassure her that since I am a Canadian, I have the right to sponsor her and no one can refuse the application. I never sponsored anyone before and therefore I do not see how I can be refused. Isn’t it my absolute right to sponsor her?

A. I think you may be confusing two aspects of a sponsorship. There is a big difference between eligibility and ultimate outcome. You may be eligible but it does not mean you will be successful. Immigration officer must determine that the marriage is genuine. Conversely, even if the marriage is genuine, a sponsor may be ineligible for several reasons. For example:

Sponsors cannot sponsor if:

1. They are permanent residents subject to a removal order – this includes stayed orders, departure orders, exclusion orders and deportation orders.
2. They are detained in any penitentiary, jail, reformatory or prison
3. They are convicted of a sexual offence under the Criminal Code (against anyone); or an offence (against the person) under the Criminal Code against a family member Sponsors or co-signers convicted of either of these offences where five years have not passed since the completion of the sentence imposed
4. They are in default of spousal or child support payments ordered by a court. This includes payments ordered by a court outside of Canada.
5. They are an undischarged bankrupt under the Bankruptcy and Insolvency Act
The property of the bankrupt is placed in the hands of a trustee, who works out an arrangement with creditors.
-for first-time bankrupts, a discharge is automatically 9 months from the date of bankruptcy, unless a stakeholder objects to this discharge for reasons such as the bankrupt failed to live up to their obligations; – in other cases, a bankrupt can apply for a discharge by a court, after 9 months (or earlier, in limited circumstances).
6. They are in receipt of social assistance other than for reasons of disability
7. Sponsors are in default if they have not honoured a previous sponsorship undertaking;
8. The sponsor immigrated to Canada by way of a spousal sponsorship and five years have not passed

On the other hand, it is important to note that even if the sponsor if eligible the following are considered excluded relationships in relation to the applicant seeking immigrant status:

1. Spouse is under the age of 16
2. Sponsor has existing undertaking not yet ended for another spouse, common-law partner or conjugal partner Sponsors of spouses or partners under the previous Act, who signed 10-year undertakings must wait 3 years before being eligible to sponsor again. Their 10-year undertakings are nevertheless valid for the full 10 years; only the exclusion is shortened to 3 years.
3. Bigamous or polygamous relationships
4. Separated or former spouse or common-law partner or other non accompanying family members who were not examined at the time of the
sponsor’s application for permanent Residence

Appeal rights:

Finally, one must keep in mind that regardless of the ground of ineligibility, a sponsor has an automatic right to appeal a refusal to the Immigration Appeal Board if the application is processed outside of Canada. Sponsors of applicants seeking to remain in Canada do not have a right of appeal to the IAD if they are applying under the Spouse or common- law partner in Canada class or under the in-Canada humanitarian and compassionate category. In some cases,
applicants may physically remain in Canada but file outside to retain appeal rights.

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 416 733 3193

By Atty. Henry Moyal

NURSES BACK IN DEMAND IN CANADA…BUT ONLY IN QUEBEC

When the Federal Immigration Minister announced the list of “occupations in demand” in Canada last May 2013, it took many by surprise. The announcement that narrowed the list to only 24 occupations was not the surprise but the occupations themselves. A quick perusal of the list illustrates that engineers make up for most of the occupations and that doctors and nurses were off the list. Applicants who seemingly qualified as nurses for the past decade were now shut out of the competition and had to find other ways to enter Canada (for example via a spouse’s occupation or as a live in caregiver).

However, the Quebec government has just announced that effective immediately 20,000 selection certificates will be issued for occupations in demand in their province and nurses are in high demand. The Canadian Nurses Associations predicts that 60,000 nurses will be needed by 2022 in order to fill labor shortages. As such, it may be possible for nurses who qualified previously under the Federal Immigration stream to now qualify under the newly revamped Quebec program. It should be noted that Quebec is a French speaking province and a high allocation of points are awarded for those who are proficient in French but it may be possible to qualify without much French knowledge as nurses have now been awarded 16 points for training (the maximum amount).

Some of the other requirements to qualify are:

1. Must complete a three year degree in nursing
2. Full time work experience within the last 5 years
3. Applicants ages 18 – 25 will be awarded top points (less points if you are older)
4. If married, spouse’s age and education will add bonus points
5. Additional points are awarded for having children
6. Be self-sufficient and have minimum funds

Applicants who are successful under the Quebec Immigration system are issued certificates which are then used to obtain permanent residence (immigrant visas) from Citizenship and Immigration Canada.

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

NEW REQUIREMENTS FOR HIRING A WORKER

Q. I sponsored my mother and sister three years ago under the Family Class category. At that time it was possible to sponsor a parent. When I sponsored my mother, my sister was around 21 years old and in school. We are now in the process of completing the application forms requested by the Canadian Embassy. The forms require my sister to provide proof of continuous school attendance since the age of 22. I am not sure she can do it as she took time off to travel in Asia. What will happen to the application? Will my mother be denied too? Is there any way to add my sister as she is the last family in the Philippines?

A. It is not clear if your sister remains a dependant child under the immigration regulations. If she is a dependant child and her age was locked in she may be included in the application. It can become complicated if your sister is married or age not locked in and not a student. Regardless of the above, in my experience the Canadian Embassy in Manila always seems to ask for proof of continuous full time studies from the age of 22 no matter what the situation is. As such, it is likely you will face an appeal if refused. I suggest that you collect all your documents and obtain a professional opinion on your next move.

Q. My brother is in Canada as a visitor and he wants to work. He does not have any job offer and his English is poor. What are his chances?

A. First and foremost, he must obtain an offer of employment from a Canadian employer. He is not able to obtain a work permit without it. Second, if he does not have some command of English or French then the odds are against him. New rules have stated that all applicants must have proficiency in English or French regardless of skill level. I suggest he take an English course to prove his English or find a job where the employer can demonstrate that English language skills are not required.

*** EFFECTIVE JULY 31, 2013 ***

In a recent article we mentioned that the previous Federal Immigration Minister (Jason Kenney) was relieved of his post in the last cabinet shuffle and was transferred to the Federal Minister of Employment. In light of the change many had hoped that immigration rules would become more lenient given Mr. Kenney’s constant barrage of strict changes. However, that has not happened yet but it seems that the new Minister of Employment is still adamant to tighten the rules regardless of his portfolio. Effective July 31, 2013 Jason Kenney announced new rules and procedures when hiring a worker.

The key elements of the changes which are effective immediately are:

1. A government processing fee of $275 applies to each job offer to each foreign worker (including hiring live in caregivers).
2. Employers must now advertise in three separate sources – the National Job Bank as well as two other sources.
3. Advertisements must run for at least four weeks before application can be submitted.*
* Live in caregivers do not need to demonstrate four weeks and can only show two weeks
4. Advertisements must continue to run until LMO application is processed.
5. New language requirements have been imposed – Important note to readersNote:End of important noteEnglish and French are the only languages that can be identified as a job requirement, both in LMO requests and in advertisements by employers applying to hire workers

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 IMMIGRATION MINISTER MAY GIVE HOPE FOR MANY

For those who have followed the roller coaster ride of immigration changes in the last few years may feel a relief nowadays. In a surprise move by the Prime Minister of Canada, Mr. Harper has shuffled his cabinet and has removed Jason Kenney from his post as federal immigration minister. Even if you are not an avid reader of immigration news, it is likely that you have heard of the Mr. Kenney as he has had a habit of changing immigration rules without notice and with crucial consequences. Let’s take a quick look at a sample of what he has done: he has eliminated the backlog of applications and unilaterally closed 280,000 applications; he cancelled the sponsorship of parents; reducing dependant children to the age of 18; cancelled the business entrepreneur and investor programs; introduced a quota system for new immigrants; restrict skilled worker program to only 24 occupations; increase spousal sponsorship processing times to nearly 2 years and closed embassies and consulates around the world.

If there is any light at the end of the tunnel, I suppose one can say that the new minister can’t make things worse. There is however optimism that the new federal minister will be more sympathetic to immigrants and allow more immigrants to Canada. The person in question is Chris Alexander. Chris Alexander worked for 18 years as a member of the Canadian Foreign Services. His first posting was at the Canadian Embassy in Russia, and by 2003, he became Canada’s first resident Ambassador in Kabul, Afghanistan. Between 2005 and 2009, he served as a Deputy Special Representative of the United Nations Assistance Mission in Afghanistan.

With a background caring for immigrants worldwide and recently published book entitled, A Long Way Back: Afghanistan’s Quest for Peace it seems evident that the new federal immigration minister Chris Alexander will once again put Canada on the international map as the number one destination for immigrants.

Attorney Henry Moyal is a certified and licensed Canadian 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 Henry Moyal by or email canada@moyal.comOr call 416 733 3193.

By Atty. Henry Moyal

ENGINEERS TOP OCCUPATION LIST FOR NEW PROGRAM IN MAY 2013

As promised, the Federal Minister recently announced the basic framework and occupation list for new Federal Skilled Worker professional program. New applications cannot be submitted until May 4, 2013 but it is unlikely that many people will be able to file early as several hurdles were announced in order to prevent a rush of applications on that day. For starters, it is reported that there will be new application forms. As well, applicants must provide an educational credential assessment. Any assessment done before the announcement will not be accepted. While is seems that the Minister is giving a head start the most important factor will be that an applicant must have at least one year of work experience in an occupation in demand. As well, upon further research it is evident that the three main educational assessment companies will be deluged with application. Their respective websites says that it will take months to process an application. Therefore, it is almost impossible for anyone to file in May 2013. Further, the Minister has announced 24 occupations that will be accepted as of May 2013. The list will and does change periodically. For now, it
seems that the Minister is moving away from the medical field and concentrating on engineers and technicians. Engineers top the list. Nine out of the 24 occupations are different types of engineers (or 37.5% of the list). It is also important to keep in mind that there is an overall cap of 5000 new applications as of May 4, 2013. Let the race begin.

The complete list of the 24 occupations currently in demand are:

• Engineering managers
• Financial and investment analysts
• Geoscientists and oceanographers
• Civil engineers
• Mechanical engineers
• Chemical engineers
• Mining engineers
• Geological engineers
• Petroleum engineers
• Aerospace engineers
• Computer engineers
• Land surveyors
• Computer programmers
• Industrial instrument technicians and mechanics
• Inspectors in public and environmental health and occupational health and safety
• Audiologists and speech-language pathologists
• Physiotherapists
• Occupational Therapists
• Medical laboratory technologists
• Medical laboratory technicians and pathologists’ assistants
• Respiratory therapists
• Medical radiation technologists
• Medical sonographers
•Cardiology technicians

Attorney Henry Moyal is a certified and licensed Canadian 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 Henry Moyal by email canada@moyal.com or call 416 733 3193.