Newsletter - December 1, 2014

1 December 2014

Hello from all of us at Ackah Business Immigration Law!  Welcome to the December 2014 edition of the Ackah Law Newsletter – we hope you find it informative. This complimentary monthly newsletter is our way of keeping our clients and contacts up to date on the ever changing immigration rules and regulations.

As the holiday season begins, we would like to wish you and your loved ones a wonderful and joyous holiday season and all the best for 2015! We are beginning our fifth year as a boutique immigration law firm this month and we couldn’t have done it without you. Thank you for allowing us to assist you and to share our passion for immigration law. We appreciate your support of Ackah Business Immigration Law. 

 If you happened to receive this newsletter and have not yet signed up to directly consent to receiving future newsletters, please email Kim Pryhitko – kim@ackahlaw.com or sign up through the newsletter.  We encourage you to like our Facebook page and join our LinkedIn Group; you can find us under Ackah Business Immigration Law for both.  For more information on immigration matters and on the exciting work we do, please see the link below for our blog http://www.ackahlaw.com/blog/  and follow us on twitter @ackahlaw. 

 UPDATES IN IMMIGRATION LAW

LABOUR MARKET IMPACT ASSESSMENTS (“LMIA”)

-       COMPLIANCE REVIEWS AND INSPECTIONS

Recently, Employment and Social Development Canada (“ESDC”) have announced that 1 in 4 (25%) of employers who participate in the Temporary Foreign Worker Program (“TWFP”) will be audited for compliance reviews or inspections. The new rules for compliance reviews and inspections give the ESDC significantly more power and authority than ever before.

ESDC will be able to do the following:

  • Request documents including, but not limited to the following:
    • Details about all applicants who applied for the job
    • Notes on applicants (why they were unsuccessful)
    • Interviewer’s notes
    • Request exit interviews
    • Employment records
    • Questioning of the employer at a defined time and place
    • Attend an on-site inspection without a warrant
    • Interview the foreign worker and any other employees (by consent)

All documents related to the LMIA applications and attestations, as well as any documents related to other positive LMIAs should be kept for 6 years.  Failure to provide the requested documentation will result in the employers’ ineligibility to participate in the LMIA program and may result in the employer being designated as non-compliant. 

Employers who are found to be non-compliant with the LMIA program will be subjected to the following possible consequences:

  • A ban of 2 years and the employer name, address and period of ineligibility published on the CIC website
  • A negative LMIA being issued for any pending applications
  • Revocation of previously-issued LMIAs
  • Fines of up to $100,000 (depending on severity of the offence) on employers who break the rules of the TFWP. The amount of the fine are to based on the following variables:
    • Type of violation
    • Severity of the impact on the violation
    • The history of the violations of the TFWP by the employer within the previous 10 years
    • The type of employer (individual, small/large business)

For more details, please see: http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/enforce.shtml

THE LMIA REFUSAL RATE DECLINING

With all the changes to the TFWP, it is interesting to see that for the Western Provinces, the rate of refusals was 19% in September which went down from 33% in January. This reflects a 65% decrease in the number of applications submitted for processing however, given the increased scrutiny and challenges these days in obtaining a positive LMIA. Basically, fewer applications are being submitted and those that are submitted now have a higher chance of approval, given the opting out that occurs at the front-end of the process.

 EXPRESS ENTRY

The government is gearing up and getting ready to launch Express Entry on January 1, 2015.  As a reminder, Express Entry is a ranking system where foreign nationals will be ranked based on skills, experience, possession of a valid job offer or if they are provincial nominees. The foreign nationals that rank the highest will be selected first. Any applications CIC receives prior to January 1, 2015 will fall under the current laws. Any applications received on and after January 1, 2015 will fall under Express Entry. For more details, please visit: http://news.gc.ca/web/article-en.do?nid=910619

http://www.gazette.gc.ca/rp-pr/p1/2014/2014-12-01-x10/pdf/g1-148x10.pdf

CHILEAN CITIZENS NO LONGER NEED A TEMPORARY RESIDENT VISA TO ENTER CANADA

As of November 22, 2014, the Canadian government no longer requires Chilean citizens to obtain a temporary resident visa to enter Canada.  This means that Chilean visitors and businesspeople can now stay in Canada for up to six months visa-free, which is consistent with all other visa-exempt travelers. For more details: http://www.cic.gc.ca/english/department/media/notices/2014-11-21a.asp

 A NEW INVESTOR PROGRAM

On November 27, 2014 an article was published by the Wall Street Journal stating that the Canadian government is looking to implement a new immigrant investor policy.  If a foreign national invests between $1 Million to $ 2 Million in a venture capital fund in Canada, they would be able to acquire permanent resident status. The details on this program are still being finalized and more information will be provided in due course. For more details, please visit the following link:

http://online.wsj.com/articles/canada-set-to-announce-new-immigrant-investor-plan-1417110338

Permanent Residence under the Federal Skilled Workers Program 

The following categories have now been capped out and are no longer taking applications for the year: 

NOC Code

Eligible Occupation (by National Occupational Classification [NOC] code)

Number of complete applications counted towards the 1,000 sub-cap

1112

Financial and Investment Analysts

1,000

2171

Information Systems Analysts and consultants

1,000

2173

Software Engineers and Designers

1,000

2174

Computer Programmers and Interactive Media Developers

1,000

 For more details, please visit the following link:

http://www.cic.gc.ca/english/immigrate/skilled/complete-applications.asp

FROM ALL OF US AT ACKAH BUSINESS IMMIGRATION LAW

We hope that you have found this newsletter both helpful and informative. We look forward to hearing from you if you have any questions about the content. Please let us know how we may be of assistance and how you can leverage our expertise in helping to meet your business needs. Should you wish to discuss further the impact of any of the above-referenced policy changes, we encourage you to contact our office.

*Please note that this immigration newsletter has been created for informational purposes only and cannot be relied upon as legal advice.
 

 


Contact us:

Email:
   contact@ackahlaw.com

Phone:
   Calgary: (403) 452‑9515
   Vancouver: (604) 985‑9512
   Toronto: (416) 643‑7177

   North America: 1 (800) 932‑1190


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