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Immigration Law

Important corporate immigration updates

The following are important corporate immigration changes that have been announced in Canada: Cut-off age for dependent children raised; traveling visa-free to Canada for eligible Bulgarians, Romanians, Brazilians; and conditional permanent residence for spouses and partners eliminated.

 

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Human Resource professionals can actually save the world!!!

There are some professions that are automatically seen as having a strong impact on our world and are accepted as having the capability of making our world a better place. Human Resource Management however is often seen as having the potential to make significant impact on business success, rarely do we extend that assessment to the economy and nation building. But the Human Resource profession may just be the answer to some of the social, political and economic challenges being faced in Canada today.

 

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Ontario Immigrant Nominee Program announces temporary pause on high volume streams

On May 9, 2016, the Ontario Immigrant Nominee Program (“OINP”) announced that the Province of Ontario had received a sufficient number of OINP applications to meet its 2016 federal allocation. As a result, it has placed a temporary pause on the intake of applications under what it refers to as “select, high-volume” OINP streams.

 

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Ontario Immigrant Nominee Program announces details of its Entrepreneur and Corporate Streams

When the Ontario Immigrant Nominee Program (“OINP”) announced the termination of its Investor Stream on October 29, 2015, it promised that it would create new Entrepreneur and Corporate Streams to replace it. On December 18, 2015, the OINP published complete eligibility criteria and application guidelines for these two new business streams.

 

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Ontario Immigrant Nominee Program announces temporary pause on OINP “base” stream applications

On November 16, 2015, the Ontario Immigrant Nominee Program (“OINP”), formerly known as the Ontario Provincial Nominee Program, announced that it has exhausted its base stream allocation for 2015. Between November 16th, 2015 and January 3, 2016, the program will not accept any new employer pre-screen applications or applications under the Master’s Stream or PhD Stream. Any applications received during this time period will be returned to the applicant. The OINP will begin accepting new applications under all these streams on January 4, 2016.

 

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Ontario Immigrant Nominee Program announces closure of its Investor Stream

On October 29, 2015, the Ontario Immigrant Nominee Program (“OINP”), formerly the Ontario Provincial Nominee Program, announced that the Ontario Ministry of Citizenship, Immigration and International Trade is redesigning its OINP business streams. As a result, it has terminated its existing Investor Stream. However, applications for its redesigned Corporate Stream and Entrepreneur Stream will be accepted in the Fall of 2015.

 

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TFW program administrative monetary penalties for employer non-compliance

Background As was previously mentioned, Jason Kenney, Minister of Employment and Social Development, and Chris Alexander, Minister of Citizenship and Immigration, announced changes to Canada’s Temporary Foreign Worker (“TFW”) program on June 20, 2014.  Among these changes was a proposal to impose fines of up to $100,000 on employers who violated the TFW program.  The […]

 

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How foreign franchisors can expand into the United States using foreign franchisees

Foreign-based franchisors may wonder how difficult it would be to expand their businesses into the United States. One possible solution is for the foreign-based franchisor to initially sell its U.S. franchises to citizens of its home country, or citizens of other countries where it may already have an established presence. Fortunately, in most cases, a foreign franchisee will be eligible to own and operate a franchised business under the E-2 treaty investor category.

 

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Update on express entry stream

Citizenship and Immigration Canada (“CIC”) has now issued six rounds of Invitations to Apply (“ITAs”) under Express Entry. CIC is clearly increasing the number of ITAs that it issues in each round and is also lowering the minimum CRS score that applies in each round.

 

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Government of Canada announces immigrant investor venture capital pilot program

On December 16, 2014, the Government of Canada announced that it will unveil its Immigrant Investor Venture Capital Pilot Program (the “IIVC”) at the end of January 2015. The IIVC is designed to attract experienced business immigrants who will actively invest in the Canadian economy and will be available to approximately 50 investors and their families (presumably each year).

 

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Business travel: A review of NEXUS program eligibility

The NEXUS program is a joint initiative of United States Customs and Border Protection and the Canada Border Services Agency, which enables pre-approved, low-risk travellers to receive expedited entry when travelling to the United States or Canada.  Unfortunately, not everyone will be in a position to satisfy the NEXUS eligibility criteria. 

 

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Canadian citizenship amendments receive Royal Assent

As previously reported, on February 6, 2014, Citizenship and Immigration Minister Chris Alexander unveiled Bill C-24, the Strengthening Canadian Citizenship Act, which proposed significant amendments to the Canadian Citizenship Act (R.S.C., 1985, c. C-29). On June 19, 2014, the Bill C-24 received Royal Assent and became law.

 

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Citizenship and Immigration Canada announces change to definition of dependent children

On June 23, 2014, CIC announced that the new definition of “dependent child” became effective as of August 1, 2014. It reduces the maximum age from “under 22” to “under 19” and eliminates the exception for children 19 or older who are financially dependent on their parents and are enrolled in full-time studies.

 

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CIC issues expanded guidance on C12 specialized knowledge intra-company transferees

On June 9, 2014, Citizenship and Immigration Canada issued Operational Bulletin 575 (“OB 575”), which provides expanded guidance for intra-company transferee (“ICT”) work permits issued to specialized knowledge workers under the general ICT (C12) category. This guidance imposes a more rigorous definition of “specialized knowledge” as well as a mandatory wage requirement for some ICTs. However, OB 575 makes clear that this expanded guidance does not apply to specialized knowledge ICTs entering Canada pursuant to the North American Free Trade Agreement or to any future or current Free Trade Agreements.

 

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ESDC announces moratorium on LMO applications related to the food services sector

On April 24, 2014, Canada’s Minister of Employment and Social Development announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program. As a result, Employment and Social Development Canada will no longer process any new or pending Labour Market Opinion (“LMO”) applications related to the Food Services Sector. In addition, any unfilled positions tied to a previously approved LMO will be suspended.

 

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