Newsletter - October 7, 2014

7 October 2014

Hello from all of us at Ackah Business Immigration Law!  Welcome to the October edition of the Ackah Law Newsletter.  We hope you find it informative and insightful as we head into the fall months.

 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.

Ackah Business Immigration Law Speaking Engagements

We frequently present on a wide range of immigration issues to firm clients, professional associations, community groups, institutions of higher education and many types of businesses. If you are interested in attending a presentation or inviting us to speak to your group, institution or business, please contact Evelyn Ackah directly to schedule and discuss topics of interest.

 You may be interested in attending the Canadian Institute conference:

 Guide to Employing Foreign Workers: October 29 – 30, 2014, Calgary, Alberta

Evelyn will be speaking about retaining foreign workers once they arrive in Canada

 You will also be able to catch an interview with Evelyn and some clients appearing on Alberta Primetime in mid October to discuss the impact of the Foreign Worker Changes and how the recent percentage caps of foreign worker applications under the LMIA are affecting businesses – particularly those in small towns.

 UPDATES IN IMMIGRATION LAW – CONSTANT CHANGE!

ALBERTA IMMIGRANT NOMINEE PROGRAM (AINP) – FURTHER DELAYS

We recently were shocked to see on the AINP website that approximate processing times have now been extended even further. Apparently there are not enough resources being given to the AINP program, yet they continue accepting applications. The delays are significantly impacting tens of thousands of people who were led to believe initially the process would be a few months at the provincial stage, then it became 12 months and most recently, for the Employer Driven – Skilled Worker Stream, it is approximately 15 to 24 months at the first stage of processing. Many people are going to have work permits expire before this first stage of processing is completed – which will mean they must now obtain Labour Market Impact Assessments quickly so their work permits don’t expire in the process. 

http://www.albertacanada.com/opportunity/immigrating/ainp-processing-times.aspx

Labour Market Impact Assessments – Advertising Requirements More Rigid

Recent communications with Employment and Social Development Canada (ESDC) – formerly called Service Canada, has shed light on the requirements they have for advertising positions in order to meet the 4 week minimum advertising requirements.  We have been told that employers are expected to use 2 or 3 additional recruitment methods in addition to the Job Bank.  However, they don’t consider Eluta or Indeed (at least in Ontario) acceptable websites any longer for advertising because they are simply links redirecting job seekers to the Employer’s website.  They want independently posted job ads to meet the requirements of the program and that are in line with what is usually done for that industry. Please see below for the advertising requirements for high skilled and low skilled positions.

http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/general/index.shtml

http://www.esdc.gc.ca/eng/jobs/foreign_workers/lower_skilled/index.shtml#ar

Express Entry Program to Permanent Residence Launching January 1, 2015

All those employees considering applying for PR before the new Express Entry program is launched should get going immediately with their PR applications to ensure they get in the queue before the categories are filled. If they don’t, they will be subject to the new process as of January 1. At this point, there are still a lot of uncertainties regarding the express entry program – such as who will be eligible and how it will operate. As of January 1, 2015, applicants will not be able to apply directly for PR, but will have to apply to be invited from a pool of candidates who have expressed interest. Then employers, the federal government and the provincial governments will select those candidates they desire. 

Work Permit Extension Processing Times

As of September 19, 2014, the processing times for work permit extension applications submitted inside Canada are as follows:

Type of Application

Paper Application

Online Application

Processing times

Working on applications received on

Processing times

Working on applications submitted on

Work Permit Extension

46 days

3-Aug-14

15 days

13-Aug-14

(new employer)

Work Permit Extension 

51 days

29-July-14

15 days

13-Aug-14

(same employer)

 For more details, please visit the following link.

http://www.cic.gc.ca/english/information/times/temp.asp

 IN THE NEWS

Canadian Government Considering Tougher Penalties for Violations of TFWP

Apparently the federal government is considering lifetime bans and heftier fines on employers found to have violated its new regulations on TFWs.  Currently there are only two year bans imposed on those companies that have not been compliant.

http://omnifeed.com/article/www.huffingtonpost.ca/2014/09/25/tfw-violation-penalties_n_5879446.html

Alberta Ballet and Decidedly Jazz Dance Affected by FWP Changes

Local arts groups experiencing their own challenges with the TFWP.  Ackah Law provides pro bono immigration legal services to Decidedly Jazz Dance among other arts organizations. Interesting article on how the changes are impacting the arts community.

http://www.calgaryherald.com/entertainment/Alberta+Ballet+foreign+worker+rules/10226350/story.html

Employers Question FWP Figures

There appear to be questions regarding the FWP figures that were the basis of the recent changes by Minister Alexander and Minister Kenney. Employers are raising concerns about the inaccurate data collection of foreign workers at their organization.

http://www.theglobeandmail.com/news/politics/employers-say-temporary-foreign-worker-figures-are-not-accurate/article20798778/

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

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.

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 directly at the top right of this newsletter to opt in.

*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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