Newsletter - May 2014

14 May 2014

Spring is here – finally – for those of us in Calgary!  We are sending our May newsletter to provide you with current updates regarding Immigration law. And as always – there have been significant changes you need to be aware of.

Please don’t keep our little boutique firm a secret! We are very appreciative of any referrals and recommendations you send our way.

SAVE THE DATE: May 28, 2014 – 7:30 am to 10 am at The Ranchmen’s Club to attend a Complimentary Client Seminar on Cross-Border Immigration Law and Tax Matters. If you would like to attend and have not already confirmed, please send an email to kim@ackahlaw.com to be registered.

UPDATES IN IMMIGRATION LAW

Food Service TFW Moratorium

I remember exactly where I was the evening of Thursday April 24th when the axe fell on the food service industry across Canada. Jason Kenney, Minister of Employment and Social Development announced a moratorium on all Labour Market Opinion applications for the food service sector. This moratorium applied to fast food restaurants as well as fine food establishments and it went into force immediately! Please see the below link for further details.

http://news.gc.ca/web/article-en.do?mthd=index&crtr.page=1&nid=842269

The moratorium was then further expanded to include all Sales and Services Occupations under the Food Services Sector. A comprehensive list of NOC Codes affected is below:

6641

Food Counter Attendants, Kitchen Helpers and Related Occupations

0631

Restaurant and Food Service Managers

6212

Food Service Supervisors

6453

Food and Beverage Servers

6611

Cashiers

6241

Chefs

6242

Cooks

6252

Bakers

0611

Sales, Marketing and Advertising Managers

0621

Retail Trade Manager

0632

Accommodation Service Managers

0651

Other Services Managers

6211

Retail Trade Supervisors

6213

Executive Housekeepers

6214

Dry Cleaning and Laundry Supervisors

6215

Cleaning Supervisors

6216

Other Service Supervisors

6221

Technical Sales Specialists - Wholesale Trade

6251

Butchers, Meat Cutters and Fishmongers - Retail and Wholesale

6411

Sales Representatives - Wholesale Trade (Non-Technical)

6421

Retail Salespersons and Sales Clerks

6451

Maîtres d'hôtel and Hosts/Hostesses

6452

Bartenders

6484

Other Personal Service Occupations

6622

Grocery Clerks and Store Shelf Stockers

6623

Other Elemental Sales Occupations

6651

Security Guards and Related Occupations

6661

Light Duty Cleaners

6662

Specialized Cleaners

6663

Janitors, Caretakers and Building Superintendents

6681

Dry Cleaning and Laundry Occupations

6682

Ironing, Pressing and Finishing Occupations

6683

Other Elemental Service Occupations

 

Increase in Working Holiday Visas for Irish Citizens

Working Holiday visas for Irish citizens will be increased by almost 70 percent this year under a new agreement signed by the Canadian and Irish governments on March 6, 2014. This program allows Irish citizens under the age of 35 to live and work in Canada for up to two years by way of a temporary work permit – previously it was only for a one year term. There are 10,700 visas available per year now – up from the previous 6,350 visas. See below links for additional details.

http://www.canadainternational.gc.ca/ireland-irlande/experience_canada_experience/index.aspx?lang=eng

http://www.irishtimes.com/news/ireland/irish-news/canada-to-increase-working-holiday-visas-for-irish-by-70-1.1715530#.Ux4-QyGWmiE.email

New Caps for Federal Skilled Worker, Federal Skilled Trades and Canadian Experience Class

On April 26, 2014, Citizenship and Immigration Canada issued a new set of Ministerial Instructions to immigration officers regarding the processing of applications for the Federal Skilled Worker Program, the Federal Skilled Trades Program and the Canadian Experience Class.  The caps have been set for the coming year. For Federal Skilled Worker – the cap is 25,000; Federal Skilled Trades – the cap is 5,000 and for Canadian Experience Class – the cap is 8,000.  Because there are caps on these categories, we highly encourage all those considering becoming Permanent Residents to submit an application as soon as possible to ensure they don’t miss an opportunity for permanent residence based on these caps. Please see below for further information.

http://news.gc.ca/web/article-en.do?nid=841339

Alberta Immigrant Nominee Program Communication

Recently the Alberta Immigrant Nominee office sent email to all those in the Provincial Nominee Program to advise that due to the minimum 6 month current processing time for first stage approval (which used to be one month), they are encouraging all those with work permits that may expire in the interim period (6 months or less) to obtain work permits by way of Labour Market Opinion and to not rely on the receipt of a Nomination Certificate from their office to allow them to obtain a renewal of their work permit.

This email will give you information on what to do if your work permit is close to expiring while your AINP application is in process. The AINP will not expedite the processing of an application if a work permit is close to expiring.

It is the responsibility of you and your employer to make sure that your work permit remains valid. To work in Canada temporarily, you must have a valid work permit. If you currently hold a valid work permit and need to extend it while your AINP application is in process, follow these three steps:

1.       Your employer must apply for a new Labour Market Opinion (LMO).

2.       Your employer must provide you with a copy of the approved LMO and job offer.

3.       You must then submit a work permit application to Citizenship and Immigration Canada (CIC). It is important that you apply for your new work permit before your old work permit expires. You can then keep working on what is called implied status. Implied status means that you can keep working for your employer until you receive a decision from CIC on your new work permit application.

Please let our office know if you are concerned about the timing of AINP approval and the possible impact on your foreign workers and we can assist with the LMO process for an interim solution. Also please note that you cannot finalize your AINP process if your work permit has expired.

Express Entry Starts January 2015

 On April, 2014 CIC announced a new “Express Entry” program for Permanent Residence status.  This will significantly change the immigration regime in Canada and impact all those wanting to qualify and apply for permanent residence status. According to the government’s press release, “Express Entry will be open to skilled immigrants and allow the government to select the best candidates who are most likely to succeed in Canada, rather than those who happen to be first in line”. There is very little information available currently about how exactly this program will work, but we will keep you posted as information becomes available.  We highly recommend that if you are considering applying for Permanent Residence under any stream, that you begin that process immediately as there will be no guarantee that you will be chosen as a “Qualified” candidate and invited to apply for permanent residence under this new program.  Please see the link for further details.  http://news.gc.ca/web/article-en.do?nid=836509

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 question about the content. Please let us know how we may be of assistance and how you can leverage our expertise in helping meet your business needs in 2014. Should you wish to discuss further the impact of any of these changes, we encourage you to contact our office.

*Please note that this immigration alert 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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