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
Subscribe to Immigration Newsweek
