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Archive for the ‘Corporate Immigration’ Category

CIC adds new eligibility stream for doctoral students under the Federal Skilled Worker Program

Thursday, November 17th, 2011

The Minister of Citizenship and Immigration recently issued a fourth set of Ministerial Instructions (MI-4), which came into force on November 5, 2011. According to MI-4, the Federal Skilled Worker program will now have a new eligibility stream for international students pursuing doctoral (PhD) studies at Canadian institutions. This adds an additional 1,000 numbers to the current cap of 10,000, which are available to FSW applicants who do not have arranged employment.

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Tags: Centralized Intake Office, Citizenship and Immigration, doctoral program, federal skilled worker, foreign nationals, Immigration and Refugee Protection Act, international students, Ministerial Instructions
Posted in Corporate Immigration, Human Resources | Make a Comment »

CIC imposes temporary moratorium on sponsorship of parents and grandparents

Thursday, November 17th, 2011

On November 5, 2011, a temporary pause (i.e., a moratorium) was imposed on the sponsorship of parents and grandparents under the Family Class. However, to temper the effect of this decision, the Government of Canada has announced that it will increase the number of sponsored parents and grandparents that Canada will admit next year, from nearly 15,500 in 2010, to 25,000 in 2012, in order to clear out the existing backlog. It will also introduce a Parent and Grandparent Super Visa, which will allow parents and grandparents to remain in Canada for up to 24 months at a time. Parent and Grandparent Super Visa applicants will be required to obtain private Canadian healthcare insurance for their stay in Canada but the visas will be valid for up to 10 years.

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Tags: CIC, Citizenship and Immigration Canada, family class, Immigration and Refugee Protection Act, Immigration Law, parent and grandparent super visa, sponsorships, temporary resident status, Visa
Posted in Corporate Immigration, Human Resources | Make a Comment »

CIC finally allows recaptured time for intracompany transferees

Thursday, October 20th, 2011

On September 19, 2011, Citizenship and Immigration Canada published Operational Bulletin 346, which authorized the recapture of unused time that would otherwise count against the time limits that are normally imposed on intracompany transferees. As a result of Operational Bulletin 346, now only periods of physical presence in Canada while holding an intracompany transferee work permit will count towards the time limits.

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Tags: Canadian Border Services Agency, CBSA, CIC, Citizenship and Immigration Canada, employment law, foreign nationals, intracompany transferees, NAFTA, Operational Bulletin 346, recapture of unused time, Temporary Foreign Worker Guidelines
Posted in Corporate Immigration, Human Resources | Make a Comment »

Liberal promise of immigrant tax credit is a divisive issue

Friday, September 16th, 2011

Most Ontario residents are already aware of the recent controversy that has brought immigration to the forefront of the upcoming provincial election. It started with the Ontario Liberal pledge to offer tax credits of up to $10,000.00 to employers who hire new immigrants in Ontario who have been here for five years or less. Ontario Progressive Conservative leader Tim Hudak responded by calling it an “affirmative action” program.

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Tags: affirmative action, employment law, Foreign workers, immigrant tax credit, ontario, provincial election, temporary work permits
Posted in Corporate Immigration, Human Resources, Recruiting and Hiring | Comments Off

Canada-Colombia Free Trade Agreement comes into force as of August 15, 2011

Thursday, August 18th, 2011

The Free Trade Agreement (“FTA”) between Canada and Colombia was originally signed on November 21, 2008. However, it did not come into force until August 15, 2011. As in the case of other FTAs, the Canada-Colombia FTA contains provisions for the temporary entry of treaty nationals pursuant to Section 204 of the Immigration and Refugee Protection Regulations. These provisions appear in “Chapter 12 – Temporary Entry for Business Persons.”

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Tags: Canada-Colombia FTA, employment law, Foreign workers, Immigration and Refugee Protection Regulations, Temporary Entry for Business Persons, The Free Trade Agreement
Posted in Corporate Immigration, Human Resources | Make a Comment »

CIC issues additional guidance on specialized knowledge intracompany transferees

Thursday, July 21st, 2011

On July 4, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 316 (the “Bulletin”). The Bulletin contains additional instructions regarding the assessment criteria that should be considered when adjudicating specialized knowledge intracompany transferee work permit applications.

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Tags: Citizenship and Immigration Canada, employment law, Foreign workers, intracompany transferee, National Occupational Classification, NOC, Operational Bulletin 316, Required salary or wage, specialized knowledge, specialized knowledge intracompany transferees, temporary foreign worker, work permit
Posted in Corporate Immigration, Human Resources | Make a Comment »

Slaw: Bill C-35 comes into force and new immigration regulator in place

Thursday, June 30th, 2011

Legislation cracking down on crooked immigration consultants (Bill C-35) comes into force on June 30, 2011. At the same time, the Immigration Consultants of Canada Regulatory Council (ICCRC) is confirmed as the new regulatory body for immigration consultants. The ICCRC will…

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Tags: Canadian immigration system, Canadian Society of Immigration Consultants, Foreign workers, Hiring foreign workers, immigration consultants, Immigration Consultants of Canada Regulatory Council, legislation cracking down on crooked immigration consultants, recruiting, regulatory body for immigration consultants
Posted in Corporate Immigration, Human Resources | Make a Comment »

Opportunities Ontario provides guidance on the requirement of recruitment efforts

Thursday, June 16th, 2011

The Ontario Bar Association Citizenship and Immigration Section recently met with representatives of Opportunities Ontario, the province’s Provincial Nominee Program (“PNP”). During this meeting, they provided insight into the level of recruitment activities that would be expected from an employer who files a PNP application on behalf of a prospective employee.

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Tags: Canadian citizens, Citizenship and Immigration, employment and training opportunities, foreign national, Foreign workers, Human Resources and Skills Development Canada, Labour Market Opinion, NAFTA, Ontario Bar Association, Opportunities Ontario, provincial nominee program, recruitment, Skilled Workers, training
Posted in Corporate Immigration, Human Resources, Recruiting and Hiring | Make a Comment »

A stunning example of mistreatment of migrant workers

Friday, June 3rd, 2011

This case is a stunning example of mistreatment of migrant workers: a live-in nanny recently launched a wrongful dismissal claim against her employer in the Ontario Superior Court seeking damages in the amount of $195,000 for breach of contract, unpaid wages, statutory holiday pay and vacation pay.

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Tags: breach of contract, employment law, employment rights, employment standards act, Employment standards complaint, foreign national, Foreign workers, immigration agents, Immigration and Refugee Protection Regulations, isolated foreign workers, language barriers, Lilliane Namukasa, live-in nanny, Live-in-caregiver program, migrant workers, mistreatment of migrant workers, six month limit to recover unpaid wages, statutory entitlements, temporary work permit, terminated without notice, The Employment Protection for Foreign Nationals Act, two-year limitation period, unpaid statutory holiday pay, unpaid vacation, unpaid wages, wage theft, wrongful dismissal, wrongful dismissal claim
Posted in Corporate Immigration, Employment Standards, Human Resources | Make a Comment »

CIO provides insight into federal skilled worker processing

Thursday, May 19th, 2011

During the recent Canadian Bar Association Citizenship and Immigration Conference in Gatineau, Quebec, representatives of the Central Intake Office (“CIO”) in Sydney, Nova Scotia, provided some helpful insight into its processing of Federal Skilled Worker (“FSW”) applications. The CIO screens all FSW applications in order to verify that submitted applications satisfy the Ministerial Instructions, which currently restrict who can apply under the FSW class.

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Tags: Canadian Bar Association Citizenship and Immigration Conference, Central Intake Office, designated occupation, employment law, federal skilled worker, federal skilled worker processing, Immigration and Multiculturalism, Immigration Law, Minister of Citizenship
Posted in Corporate Immigration, Human Resources | Make a Comment »

Duty of care and sending employees abroad: How much do organizations need to care?

Tuesday, May 17th, 2011

More and more organizations are asking the question: “What are the responsibilities associated with managing a travelling workforce?” This question has been increasingly relevant as of late, with a number of Canadian companies taking notice of the recent events in Egypt, Libya, and Japan.

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Tags: business travel, Canadian Centre for Occupational Health and Safety, Canadian Department of Justice, Conduct risk assessments, criminal code, directing the work of others, Duty of care, employment law, ensure the safety of workers, health and safety management, health and safety system, high risk destinations, managing a travelling workforce, provide training for employees travelling, provincial health and safety regulations, reasonable standard of duty of care, sending employees abroad, travel risk analysis
Posted in Corporate Immigration, Health and Safety | Make a Comment »

USCIS updates H-1B cap count as of April 15, 2011

Monday, April 25th, 2011

United States Citizenship and Immigration Services (“USCIS”) has updated its H-1B cap count for the current fiscal year. As of April 15, 2011, approximately 7,100 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 5,100 H-1B petitions for aliens with advanced (master’s or higher) degrees from the United States.

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Tags: Business, employment law, Foreign workers, H-1B cap count, H-1B category, Immigration Law, specialty occupations, United States Citizenship and Immigration Services, USCIS
Posted in Corporate Immigration, Human Resources | Make a Comment »

CIC issues operational bulletin on temporary foreign worker program amendments

Thursday, April 21st, 2011

On August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which were expected to adversely affect many temporary foreign workers; these regulatory amendments became effective on April 1, 2011. On April 1, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 275-C, which provides operational instructions to both CIC and the Canada Border Services Agency in relation to these recent regulatory amendments.

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Tags: Canada Border Services Agency, Citizenship and Immigration Canada, employment law, Foreign workers, HRSDC, Human Resources and Skills Development Canada, Immigration and Refugee Protection Regulations, Immigration Law, Live-in-caregiver program, LMO, offer of employment, Operational Bulletin 275-C, temporary foreign worker, work permit
Posted in Corporate Immigration, Human Resources | 2 Comments »

HRSDC announces changes to LMO application procedures effective April 1, 2011

Thursday, April 21st, 2011

Last year, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which would affect the Temporary Foreign Worker Program; these amendments became effective on April 1, 2011. Human Resources and Skills Development Canada has now announced new procedures that implement these amendments.

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Tags: business number of the employer, Canada Revenue Agency, employment law, Human Resources and Skills Development Canada, Immigration and Refugee Protection Regulations, Labour Market Opinion, Live-in-caregiver program, LMO application, program streams, Seasonal Agricultural Worker Program, Temporary Foreign Worker Program, work permit
Posted in Corporate Immigration, Human Resources | Make a Comment »

Slaw: New Canadian regulator for immigration consultants

Monday, March 21st, 2011

On March 18, 2011, the Governor in Council announced that the Immigration Consultants of Canada Regulatory Council (ICCRC) has been proposed as the new regulator for immigration consultants in Canada.

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Tags: Canadian Society of Immigration Consultants, employment law, Immigration and Refugee Protection Regulations, immigration consultants, Immigration Consultants of Canada Regulatory Council
Posted in Corporate Immigration, Human Resources | Make a Comment »

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