On November 24, 2005, the Government of Canada announced it would invest
$418 million for streamlining the immigration system and $282 million for
creating the in Canada economic stream totaling $700 million over five years.
These improvements include funding to start reducing the current inventory of
applications at Citizenship and Immigration Canada, and a new process to allow
immigrants with Canadian experience or Canadian education to apply for
permanent resident status under the new In-Canada Economic Stream in 2007.

Ensuring the Immigration System is More Responsive to Labour Market Needs
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1) Reducing the Current Inventory of Applications and Modernizing Service
Delivery

The funding provided will allow for an increase in operational capacity
for federal departments to more efficiently process applications and start to
reduce processing times.
Together, these measures will help make the system more responsive to
varied labour market needs, support improved immigrant outcomes, and
streamline the system in order to enhance the processing of applications.

2) Creation of an In-Canada Economic Stream in 2007

Provinces, territories, cities and communities agree on the need for
increased regionalization to spread the benefits of immigration all across the
country. Introducing an in-Canada stream will help address this challenge by
supporting the greater use of the temporary foreign worker stream as a means
of addressing short-term labour market needs and providing a bridge to
permanent residence for newcomers.
The introduction of the in-Canada economic stream is expected to lead to
approximately 5,000 additional foreign students and 11,000 temporary foreign
workers (including dependants) applying for permanent residence each year.
Two types of foreign nationals will be eligible to apply for permanent
resident status: students and temporary foreign workers in Canada. After
entering Canada on a work or study permit, these individuals will be required
to spend a minimum period of time working or studying before being eligible to
apply for permanent resident status. The new in-Canada stream is designed for
applicants who have Canadian experience in the labour market or in educational
institutions.
Applicants are fully screened for criminality and security.

Tuesday, 22 November 2005

International students enrolled at eligible post-secondary institutions in Nova Scotia will soon be able to work off-campus.

Rodney MacDonald, Nova Scotia Immigration Minister, and Joe Volpe, Minister of Citizenship and Immigration, announced today, Nov. 22, an agreement that will make it easier and more attractive for international students to study in Canada. Nova Scotia is the first province to sign such an agreement that is the result of a recently expanded international student pilot initiative. Implementation of the program will begin once federal government funding is approved.
Mr. MacDonald said international students are an important part of the province’s immigration efforts. “These students become familiar with the province, make friends, and because they get their degree or diploma in the province, their credentials are immediately recognized by Nova Scotia employers,” he said. “We hope this work experience will encourage more students to stay, and help them find work and succeed.”

The agreement was made possible when the government of Canada, in co-operation with the provinces and territories, expanded two international student pilot initiatives across Canada in April. The first gives international students a better chance to earn while they learn by letting them work for businesses off-campus. The second program provides them with an even better understanding of Canada and the Canadian labour market by letting them work in their field of study for up to two years after graduation.

“International students enrich the life of every campus as well as every community where they live by bringing with them new ideas, values and cultures,” Mr. Volpe said. “Off-campus work agreements will make it easier for them to gain work experience in the labour market and earn extra income while studying by providing them with access to more employment options.”

The agreement with Nova Scotia means that eligible students who retain a satisfactory academic standing can apply to work for a maximum of 20 hours per week off-campus while classes are in session and full-time during study breaks.

“Off-campus employment will most certainly contribute to my overall growth and immersion into Canadian culture and life,” said international student Liljana Loja, who is attending Dalhousie University. “Academically, if I were given the opportunity to work in my field of study, it would help me expand my knowledge as I would experience and understand it from a practical perspective.”

Before students can apply for off-campus work permits, the province must enter into agreements with each interested university and the Nova Scotia Community College. These agreements will include monitoring and reporting requirements to ensure students remain in satisfactory academic standing in full-time studies.

International students who are not eligible to work off-campus include exchange students, students enrolled in English or French second-language programs, and students who have received awards from the Canadian Commonwealth Scholarship Program, the Government of Canada Awards Program or the Canadian International Development Agency.

Question:
Why do processing times vary at different embassies? Can I transfer my file to a visa post with faster processing? What can I do when my repeated faxes to the embassy remain unanswered?

Answer:
Prior to June 2002, an applicant could file an application at any Canadian visa post [embassy/consulate] in the world. Under the Immigration and Refugee Protection Act & Regulations, [post June 2002], an applicant can only submit his/her application at a visa post responsible for the country where the applicant resides legally as a permanent resident, on a work permit or study permit.

This new policy has resulted in bottle-necks at several embassies that have a high number of applicants. It seems that the number of applications has increased and the resources at the embassies have remained the same. Visa Officers at these posts are struggling to keep up with the pace. Program managers at these embassies also have the difficult task of managing the targets, i.e. the quotas at each embassy. It’s a mystery how these targets are determined. This has resulted into an unfair system because applicants applying around the same time at different posts may not be processed in the same manner with the same speed. This is clearly discrimination against those applicants who are unfortunate to find themselves in countries with higher interest in immigrating to Canada. I invite you to read an article that appeared in the Vancouver Province newspaper (reproduced at http://www.askmassood.com/2005/06/ )

Under the new law, applicants can no longer transfer their files. For instance, if you applied from China and a few months later end up in USA as a student, you cannot simply ask that your file be processed at the embassy in the US. You’ll have to submit a fresh application with fees again.

An applicant, who has run out of options in getting a final decision for his /her application, has the option to apply for a mandamus order at the Federal Court of Canada. If the judge is satisfied that the applicant has done everything legally possible and the delay is unreasonable, he/she will compel CIC to make a decision. The Court usually gives CIC a deadline. This process takes a few months and applicants are advised to consult experienced immigration lawyers for proper assessment and advice on what is considered ‘unreasonable delay’ and whether all the prerequisites are present for a mandamus application.

For more details on this topic, see www.askmassood.com

The article below written by Lawyer & Immigration Policy expert appeared in the Vancouver Province newspaper on May 25, 2005.
________________________________________________

On Friday, the Immigration and Citizenship Committee in the House of Commons blew the lid clean off Canada’s dirty little immigration secret.

Immigration Canada was asked to disclose the number of immigration applications waiting to be processed by country and more importantly the quota or “targets” set by Ottawa for each country.

You’d think immigration applications are processed on a “first come, first served” basis, right?

Dead wrong.

Processing times vary based on national origin because Ottawa wants it so.

The House of Commons was told there are 109,000 people waiting for skilled-worker visas in New Delhi. The quota set by Ottawa for Delhi is 11,350.

In London, England, 56,000 people are waiting to be processed as skilled workers. The target set by Ottawa is 12,600.

Immigration Canada knew this was happening, year after year, but refused to make decisions which would mean that processing times are fair and roughly equal no matter where you apply.

This has led to an unfair system where processing times will vary based on your country of origin. Files take longer to process in some places because that’s how Ottawa wants it.

The best excuse Immigration Canada spin doctors came up with so far to this discrimination is that India (and China) are already “top source” countries, so it doesn’t matter.

Well, imagine the outcry if a Vancouver bus driver said the same thing:

“Look, I can only take 100 passengers in my bus this trip. There are just too many Indians who want to get on to my bus. Oh sure, they have the correct fare and they’re first in line. But I want to leave space for others. So when half my bus gets filled with Indians, I don’t let anymore
on. That’s my “target” from company headquarters. Indians will wait a lot longer for their ride, but hey, that’s not my fault. It’s the fault of all those Indians for wanting to get on board.”

Setting “targets” is the equivalent of slicing Canada’s immigration pie.

How “targets” are made and who approves them are not in the law, because no politicians in their right minds would want to openly debate a magic “appropriate” number of Chinese or Indians to immigrate to Canada.

It is the ultimate Political Death Pill.

So politicians rigged the system to ensure their fingerprints never appear on the “target” carving knife. You’ll have a better chance of nabbing the Queen’s jewels in Saskatchewan than learning exactly who slices the immigration quota pie.

But the cat’s out of the bag folks, thanks to the House of Commons Immigration Committee.

If I had my way, I’d get that same committee to approve and make public the country “targets” every year. It is something so important to so many people that it should not be done in secret.

As for visa officers who take so long to process immigration applications, the fault is not all theirs.

They deliver their “targets” as instructed and keep their heads down and mouths closed.

Until this gets straightened out, if you are Indian or Chinese wanting to come to Canada, pretend you’re in Mississippi in 1955, and get to the back of the immigration bus.

© The Vancouver Province 2005

Question:
Can you shed some light on the recently announced post-graduation employment possibilities for foreign students?

Answer:
Previously, students were only allowed to work for one year after graduating. As of May 16, 2005, the post-graduation work program allows certain students to work in their field of study for up to two years.

- They must still have a valid study permit and apply for the work permit within 90 days of receiving written confirmation (transcript, letter, etc.) from their institution indicating that they have met the requirements of their program.
- They must have graduated at a Canadian university, a community college, a publicly funded trade or technical school or a Canadian private institution authorized by provincial statute to confer degrees.

They should have:
• successfully completed a program of at least two years of full-time studies;
• received written confirmation (transcript, letter, etc.) from the educational institution indicating that they have met the requirements of the program of study;
• studied at and graduated from an institution located outside of the Communauté métropolitaine de Montréal (CMM), the Greater Toronto Area (GTA) or the Greater Vancouver Regional District (GVRD);

Note: Foreign students who complete their studies at a campus located inside the CMM, the GTA or the GVRD, but at an institution whose headquarters for that campus is located outside those areas, are not eligible for off-campus work under this program.
• found employment outside of the CMM, GTA or GVRD.

Note: Foreign students who graduate from an institution located inside one of those areas are not eligible for a second year of work, even if the employment is located outside of those areas.
For a detailed list of cities/towns inside the above areas, please see my post of Friday May 13th 2005

Foreign students who currently hold a one-year post-graduation work permit and who meet the eligibility criteria for a two-year permit can apply for a one-year extension of their work permit.

Question:
Can I sponsor my husband if I’m not working and he has a heart disease?

Answer:
You can. Under the current laws, you do not need to show any income to sponsor your spouse. Medical conditions are no longer a bar to admissibility. He will get his visa if the marriage is genuine.

Question:
I immigrated to Canada many years ago but returned to my country of origin because my dad was terminally ill. He also needed someone to run the family business. I am planning to return to Canada. Is it possible or have I lost my immigrant status?

Answer & Comments:
A permanent resident complies with the residency obligation provisions if, for at least 730 days with respect to every five-year period, the permanent resident is physically present in Canada, or:
• is outside Canada accompanying a Canadian citizen who is their spouse or common-law
partner or, in the case of a child, their parent;
• is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
• is outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
• is referred to in regulations providing for other means of compliance; or
• humanitarian and compassionate considerations, taking into account the best interests of a child directly affected by the determination, justify the retention of the PR status and overcome any breach of the residency obligation prior to determination.

You do not automatically lose your landed immigrant (permanent resident) status in Canada. You have several options.

(i) If you still have your Record of Landing (IMM1000) AND have a valid visa to enter the U.S., you may be allowed into Canada if you cross the border in a non-commercial vehicle or by foot via the U.S..

(ii) You may apply for a Travel document (a one time visa) at a Canadian embassy or consulate in your region to be allowed back into Canada. An officer will look at your history and other circumstances and determine whether you should be allowed back into Canada or whether you have lost your permanent resident status in Canada.

If the officer determines you have lost your resident status, you will have the right to appeal the decision. You will most probably have to contact a lawyer in Canada who can advise you further. Your chance of succeeding looks quite good because there are sufficient humanitarian and compassionate grounds. You will have to provide very good reasons why you did not return to Canada. You may be allowed to enter Canada for the purposes of the appeal.

Some of the guidelines followed by officers based at embassies/consulates are reproduced below:

When determining whether a permanent resident (PR) has complied with the residency obligation with respect to being “physically present in Canada” for 730 days within a 5 five year period, an officer must consider H&C grounds (including the best interests of a child directly affected by such a determination) prior to making a determination that the person has lost their permanent resident status.

When an officer determines that humanitarian and compassionate considerations relating to a permanent resident justify the retention of permanent resident status, then such a determination will overcome any breach of the residency obligation made before the H&C determination.

The Immigration Act also specifies situations where time spent outside of Canada can be deemed to be time spent in Canada for the purpose of retaining permanent resident status.
The provisions governing the residency obligation are based primarily on the requirement of “physical presence” in Canada or on prescribed linkages to Canada, which include employment with a prescribed Canadian institution operating outside of Canada.
The Act also prescribes circumstances wherein permanent resident spouses, common-law partners and children can maintain their status while accompanying abroad a Canadian citizen; or another permanent resident who complies with their own residency obligation and who is employed, on a full-time basis, with a prescribed Canadian institution.

Question: Can I claim 5 points of for ‘adaptability’ factor under the Skilled category by studying in Canada for 2 years but the second year course is not related to the first year?

For example, I already completed 1 year of post-grad. certification program in Marketing and for 2nd year, if I study any diploma program (business) or French for 1 more year.

ANSWER: The law says:

“a program of full-time study of at least two years’ duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.”

- This means A program, i.e ONE CONTINUOUS PROGRAM.

This would be the most conservative (strict) interpretation. You are free to try and fight in Federal Court if you wish. It’s a new law and open to interpretation, to certain extent.

To be eligible for a two-year work permit under the post-graduation work program, students must have both studied on a campus and graduated from an institution located outside of the Communauté métropolitaine de Montréal (CMM), the Greater Toronto Area (GTA) or the Greater Vancouver Regional District (GVRD). Their employment must also be outside of these areas [listed below].

Greater Toronto Area (GTA)

Regional Municipality of Durham

* Town of Ajax
* Township of Brock
* Town of Clarington
* City of Oshawa
* City of Pickering
* Township of Scugog
* Township of Uxbridge
* Town of Whitby

Regional Municipality of York

* Town of Aurora
* Town of East Gwillimbury
* Town of Georgina
* Township of King
* Town of Markham
* Town of Newmarket
* Town of Richmond Hill
* City of Vaughan
* Town of Whitchurch-Stouffville

Regional Municipality of Peel

* City of Brampton
* Town of Caledon
* City of Mississauga

Regional Municipality of Halton

* City of Burlington
* Town of Halton Hills
* Town of Milton
* Town of Oakville
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* All codes beginning with M
* All codes beginning with L1 (except L1A)
* L3P, L3R, L3S, L3T, L3X and L3Y
* All codes beginning with L4 (except L4M, L4N and L4R)
* All codes beginning with L5
* All codes beginning with L6
* All codes beginning with L7
* L9L, L9N, L9P and L9T
* Some areas covered by rural postal codes L0B, L0C, L0E, L0G, L0H, L0J, L0N and L0P are also located in the GTA. Please consult the municipalities list in case of doubt.

Greater Vancouver Regional District (GVRD)
* Village of Anmore
* Village of Belcarra
* Bowen Island Municipality
* City of Burnaby
* City of Coquitlam
* Corporation of Delta
* Electoral Area A
* City of Langley
* Township of Langley
* Village of Lions Bay
* District of Maple Ridge
* City of New Westminster
* City of North Vancouver
* District of North Vancouver
* District of Pitt Meadows
* City of Port Coquitlam
* City of Port Moody
* City of Richmond
* City of Surrey
* City of Vancouver
* District of West Vancouver
* City of White Rock
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* V1M
* V2W, V2X, V2Y and V2Z
* All codes beginning with V3 (except V3G)
* V4A, V4B, V4C, V4E, V4G, V4K, V4L, V4M, V4N, V4P, V4R and V4W
* All codes beginning with V5
* All codes beginning with V6
* All codes beginning with V7
* Some areas covered by rural postal codes V0M and V0N are also located in the GVRD. Please consult the municipalities list in case of doubt.

Communauté métropolitaine de Montréal (CMM)

City of Montréal, including:

* City of Baie-d’Urfé
* City of Beaconsfield
* City of Côte-Saint-Luc
* City of Dollard-des-Ormeaux
* City of Dorval
* City of Hampstead
* City of Kirkland
* City of l’Île-Dorval
* City of Montréal-Est
* City of Montréal-Ouest
* City of Mont-Royal
* City of Pointe-Claire
* City of Sainte-Anne-de-Bellevue
* Village of Senneville
* City of Westmount

City of Laval

City of Longueuil, including:

* City of Boucherville
* City of Brossard
* City of Saint-Bruno-de-Montarville
* City of Saint-Lambert

Southern Ring (Couronne Sud), including:

* Municipality of Saint-Amable
* City of Beauharnois
* City of Beloeil
* Parish of Calixa-Lavallée
* City of Candiac
* City of Carignan
* City of Châteauguay
* City of Chambly
* City of Contrecoeur
* City of Delson
* City of Hudson
* Kahnawake Indian Reserve
* City of La Prairie
* City of Léry
* Municipality of Les Cèdres
* City of l’Île-Cadieux
* City of l’Île-Perrot
* Village of McMasterville
* City of Mercier
* City of Mont-Saint-Hilaire
* Municipality of Notre-Dame-de-l’Île-Perrot
* City of Otterburn Park
* City of Pincourt
* Village of Pointe-des-Cascades
* City of Richelieu
* City of Saint-Basile-le-Grand
* City of Saint-Constant
* Parish of Saint-Isidore
* Municipality of Saint-Jean-Baptiste
* City of Saint-Lazare
* Municipality of Saint-Mathias-sur-Richelieu
* Municipality of Saint-Mathieu
* Municipality of Saint-Mathieu-de-Beloeil
* Municipality of Saint-Philippe
* City of Sainte-Catherine
* City of Sainte-Julie
* Municipality of Terrasse-Vaudreuil
* City of Varennes
* City of Vaudreuil-Dorion
* Village of Vaudreuil-sur-le-Lac
* Municipality of Verchères

Northern Ring (Couronne Nord), including:

* City of Blainville
* City of Boisbriand
* City of Bois-des-Filion
* City of Charlemagne
* City of Deux-Montagnes
* City of l’Assomption
* City of Lorraine
* City of Mascouche
* City of Mirabel
* Municipality of Oka
* Municipality of Pointe-Calumet
* City of Repentigny
* City of Rosemère
* City of Saint-Eustache
* Municipality of Saint-Joseph-du-Lac
* Parish of Saint-Sulpice
* City of Sainte-Anne-des-Plaines
* City of Sainte-Marthe-sur-le-Lac
* City of Sainte-Thérèse
* City of Terrebonne

Question:
Can a person who is currently married sponsor another person as a common-law or conjugal partner?

Answer:
A legally married person can sponsor a common-law partner or conjugal partner. However, the still legally married individual must be separated from the spouse. In the case of a common-law relationship, the couple must have lived together for at least one year. In the case of a conjugal partner, there must be evidence that the couple has maintained a conjugal relationship for at least one year. Conjugal partners also will have to provide reasons why they were unable to cohabit continuously for one year.