Immigration to Canada

THE GHOST CONSULTANTS

2010-06-06T19:31:00.000-07:00

Canada is a very popular destination for Bangladeshi immigrants. Every year thousands of Bangladeshis file applications to Centralized Intake Office in Sydney, Nova Scotia, Canada for obtaining permanent residence status. Some submit applications to other Canadian Visa Offices in different countries.

It is quiet often than not that you read advertisements in Bangladeshi newspapers about “Immigration to Canada”. Not all of these advertisements however contain accurate information about the Canadian immigration system. Some of the advertisers even do not hesitate to mislead the people about the processing system of the Canadian immigration. Some make fantastic claims such as becoming permanent resident of Canada in a few months or getting status by just investing some money. They also create panic among people by spreading rumour that the Canadian government will change the list of approved occupations soon that has been established as per a ministerial directive. Why do they do that? Because they want more people to rush to file applications right now to increase their revenue in a short span of time.

One must understand that the Citizenship and Immigration Canada follows a standard procedure to asses all applications. There is no favouritism or bias towards or against particular group of people. The discretion of the immigration officer is exercised on the basis of rules and not on whims.

Sometime people become charmed by the office décor of some unscrupulous immigration consultants and the claims of their mesmerising success stories. There are some self-proclaimed immigration consultants in Bangladesh who will tell a prospective client that they would fill up the client’s application forms and provide advice about the documents to be submitted but will not allow the client to use their names as the official representative. The reason is simple. These consultants are not authorized by the Canadian Society of Immigration Consultants (CSIC) and therefore the Citizenship and Immigration Canada will not allow them to represent a client. They are known as ‘Ghost Consultants’. They are working for you illegally and secretly but at the same time making money. These ghost consultants are creating great troubles for innocent applicants. As they are not your official representative and are not competent to give you the right advice you suffer for their mistakes.

So what solution do you have? Just don’t allow anyone to deal with your application and represent you other than a Canadian lawyer of good standing with a provincial law society of Canada or an Immigration Consultant of good standing with the CSIC.

Even if you meet a consultant or a lawyer don’t feel shy about asking him about his professional experience and credentials. No lawyer or Immigration Consultant is allowed to give you any guarantee of obtaining immigrant visa of Canada. Only the immigration officer who will be assessing your application has the authority to issue you the immigrant visa. Your representative whether a lawyer or a consultant is responsible for advising and representing you in the best possible way.

The Citizenship and Immigration Minister of Canada Mr. Jason Kenney has recently declared that the Canadian government will soon replace the CSIC with a new government agency to regulate the service of the immigration consultants. In recent years the CSIC has faced serious criticism for failing to take action against some dishonest and incompetent immigration consultants.

If you appoint a Canadian lawyer who is a member of the Law Society of Upper Canada he is required to verify your identity. If you are in Canada he will verify your identity document personally and be satisfied about who you are. If you are in abroad, for example in Bangladesh then your identity must be verified by a Notary Public who will make a declaration about verifying your identity by examining your identity document (passport, driver’s licence, national identity card etc.). You will then present this attestation of your identity to your Canadian lawyer

You should also sign a written retainer (an agreement of service) with your lawyer or consultant about the terms and condition of the professional service so that no ambiguity is created about your respective responsibilities and roles.

Always ask for a money receipt. A Canadian lawyer or an Immigration Consultant is required to deposit your fee to a trust account if he has not already provided the professional service to you. Once the service is provided the lawyer or the consultant must issue you an invoice and then withdraw the money (fee) from the trust account. If you pay the fee after receiving the service the lawyer or consultant does not have to deposit the money to the trust account. He will deposit the fee to the general account of his law or consulting firm and will be entitled to spend that immediately without any hindrance.

CHANGES IN THE AIR?

Yes some changes are going to take place soon. The Citizenship and Immigration Minister has proposed the following reforms to be made to the refugee determination system of Canada:

a. The refugee claimants will be interviewed by Immigration Officers within 8 days of their claim being referred to the Immigration and Refugee Board (IRB).

b. The interviewing Immigration Officer will gather information about the claim and schedule the date of the hearing.

c. A different public servant will hear the claim at the IRB within 60 days.

d. A refugee appeal division will be formed to hear the appeal of the unsuccessful claimants. However not all the claimants will be eligible to file the appeal. Some exception applies.

e. The government of Canada will designate some countries as “safe” and a claimant from any of those countries will not be allowed to file an appeal to the Refugee Appeal Division but will be allowed to file application for leave and for judicial review to the Federal Court.

f. A failed refugee claimant who is not removed from Canada will have access to the Pre-Removal Risk Assessment and application for permanent residence under humanitarian and compassionate considerations only within one year of the final decision of the IRB.

For details of the proposed changes please visit the website www.cic.gc.ca

Hello, I am from the Philippines.

2008-11-22T17:32:00.000-08:00

It seems to me that your 'financial ability' is not a factor in refusing your application for the study permit. The Visa Officer is required to follow the guideline as stated in the Overseas Processing Manual of the Citizenship and Immigration Canada when assessing an application for a study permit. This Manual commonly known as OP 12 clearly states "The Students are required to demonstrate financial sufficiency for only the first year of studies,regardless of the duration of the course or program of studies in which they are enrolled. In otherwords, a single student entering a four-year degree program with an annual tuition fee of $15,000must demonstrate funds of $15,000 to satisfy the requirements, and not the full $60,000 whichwould be required for four years. Officers should be satisfied though that the probability of funding for future years does exist, i.e., parents are employed; scholarship is for more than oneyear."

The Visa Officer had doubt if you would return to the Philippines after completing your study. This is a very difficult ground for a rejected applicant to overcome. Nowhere it is said how to satisfy the Visa Officer that a student would eventually return to her country of origin. However when submitting the study permit application an applicant can file proof of her ties to the country of origin. Example , an applicant has been offered a job in her home country. She will be hired for the job once she completes her study. Or the applicant has a property that she should look after upon her return. Or the applicant has her plan of getting married and start her own family in her home country etc.

The Federal Court has set aside the decision of a Visa Officer when it is based on stereotypes or generalizations (Hernandez Bonilla v. Canada (Minister of Citizenship and Immigration) 2007 FC 20.) I am not aware of what the Visa Officer has stated in explaining his reasons for decision to reach his conclusion that you would not return to the Philippines. If he made a mistake in assessing your application you can now file an application for Judicial Review to the Federal Court of Canada. Alternatively you may again apply for a study permit with required proofs if you have any.

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Hello,
My name is Shalini and I am from the Philippines. I have questions and I don't know who to ask to answer them. If you don't mind, it would be really nice if you could answer them for me.

Well, I was accepted to a school in Canada for the semester starting in January a few weeks ago, and I applied for a study permit soon after. I sent them all the required documents but I had no idea that it was so complicated to get a study permit, and I was refused (I just received the letter yesterday, actually).

You posted the reasons for a study permit refusal in your post, and the one I was given was the first one you stated: that I did not satisfy the visa officer that I will return to the Philippines after my authorized period of stay. I know this has something to do with finances and ties to the country, in my case. My dad, who will be the one to support my education and living expenses over there, does have money in his bank acount, of course, but it is not that impressive. Also, since he has only started earning quite well in the past 6 months or so, the bank account isn't even a year old. Anyway, it's somewhat personal, but I really need your advice so I'm going to tell you that the amount of money in his account is only about CAD 52500.

This is actually only enough for a little more than 2 years of tuition and living expenses in Canada and I applied for a four-year bachelor's course. However, my dad is earning more than enough these days and I am sure he will be able to support me until I finish my degree. I would really like to go to Canada and start my studies in January, so I want to re-apply for the study permit, even though there isn't much time left and chances are, well, slim. But is it okay to do so immediately after getting refused? The embassy does allow it, but is it.. Stupid to do it? And if I do re-apply, what can I do to improve my application and documents? My dad has opened two businesses in the past month or so, is it a good idea to show the papers? Should I find a way to show how much my dad earns every month? Is it possible that the reason for the refusal was, not only the lack of ties to this country, but also there not being enough money for the whole bachelor's course as of now? They did not check the box for that, but I would just like to make sure. And in relation to this, do they not issue study permits that are valid for only a year? I am willing to apply on a yearly basis for it.

Well, thank you very much for reading this very long post. Please help me on this. I will be waiting for your reply and I will be extremely thankful for your answers.

Sincerely,
Shalini

Studying in Canada - By Mr. Rezaur Rahman (Barrister & Solicitor)

2008-04-06T04:37:00.000-07:00

All over the world there are millions of students who are aspiring to have higher education in foreign countries. Many of them are interested in coming to Canada, a very popular destination for the young minds. Canada has world class universities which offer high standard of education, that not only provide knowledge to its students but have great edge over their competitors in different parts of the world.

One has to be prepared well before submitting an application to the Canadian High Commission for obtaining a study permit. The first step is to find out the appropriate educational institution that offers the courses the applicant would like to study. The next step would be to calculate the cost of such education. It should include tuition fees, cost of books, living cost including lodging and boarding and transportation and the cost of health insurance. A careful review of all the costs will help the applicant to determine if he can afford to have such education in a foreign land.

Once the monetary matter is settled, the next step is to apply to the educational institution and obtain a confirmation of admission. This confirmation, which is commonly known as the ‘letter of acceptance’ should be submitted along with the application for the study permit.

The final step is to apply to the Canadian High Commission for a study permit. The applicant should fill out Form IMM 1294 which is available at the website of the Citizenship and Immigration Canada. The fees for filing this application is CAD$ 150.00. The checklist
( IMM 5483 ) must be attached to the application for study permit. All the relevant documents that are asked to be attached to the application must be provided. Since, there is no guarantee that the Visa Officer would call the applicant for an interview, it is better to submit a complete and well documented application form to obtain a better assessment result.

The letter of acceptance for attending an university, college or a technical institution must mention the following:

The name of the educational institution.
Confirmation of the fact that the applicant is admitted to the institution.
The course that will be studied.
The duration of the course or academic session.
The last date for the applicant to register.

The letter of acceptance for attending a primary or secondary school must mention the name of the school, the level and duration of the study.

THE HURDLES:

Getting admission in an educational institution is not a guarantee for obtaining study permit. The applicant, like a sprinter in a race, will have to jump over several hurdles to win his laurel. Once the application for study permit is submitted the Visa Officer will examine a few issues to determine the applicant’s eligibility.

The applicant must satisfy the Visa Officer that he has enough money to bear the cost of his education as well as his daily living. The money may be his own or his guarantor’s. He must provide documentary evidence of having such money or the monetary support. The document includes bank statement of savings for last four months, income tax return, proof of investment. It is helpful to show that the tuition and residence fees have already been paid and money has been transferred to a Canadian Bank Account under the applicant’s name. The Visa Officer may verify the genuineness of the documents submitted. If someone wants to provide financial help to the applicant, that guarantor must submit an affidavit and relevant financial documents to prove his capability to meet his undertaking.

If the study is supported by a scholarship or if the applicant is taking part in a Canadian funded educational program then proof of such funding must be submitted. When a foreign exchange control measure is in force in any country, the applicant from that country must provide proof that he would be allowed by the authority to remit that fund for his study in Canada. However, the applicant may submit proof that fund will be transferred from a third country to Canada where no such control exists.

The applicant must prove that he has made arrangements for return transportation from Canada. The Visa Officer may ask for police clearance certificate to ascertain that the applicant has no criminal record and he is not a risk to the security of Canada.

If the applicant is not a citizen of the country in which he is applying, he must submit proof of his Immigration status. If he requires a re-entry permit to enter the country that issues a passport or travel permit to the applicant, he must obtain that re-entry permit.

THE COMMON GROUNDS FOR REJECTION:

A Visa Officer rejects an application for study permit mostly on the basis of one or more of the following grounds. The following paragraphs are quoted from a letter that was sent to an applicant:

“Based on a careful review of the information contained in your application and all of the documentation that you provide in support of your application, I have concluded that you do not meet the requirements for the issuance of a study permit. The reasons for your refusal are indicated below:

You have not satisfied me that you will leave Canada by the end of the period authorized for your stay because:

You have not demonstrated that you are sufficiently well established in your country of residence.

You have not demonstrated that you or your parents have sufficient income and assets to justify your proposed studies.

Your proposed studies are not reasonable in light of one or more of the following : your qualifications, previous studies, employment, level of establishment, other educational opportunities available in India (the country of the applicant) or Canada, language abilities, or your future prospects and plans.

You have submitted documentations which lacks credibility as part of your application. This has diminished the overall credibility of your submission.

I am not satisfied that you have answered truthfully to all questions put to you.

You have not satisfied me that you have sufficient funds for living costs and tuition for your first year of studies, and return transportation without working in Canada because:

Your or your parents’ income and assets are insufficient to support the studies.

You have not provided sufficient documentation to support your or your parents’ claimed income and assets.
The supporting financial documents you have provided show large deposits inconsistent with your income. You have not provided adequate documentary evidence regarding the origin of these funds.

You have not provided documents that demonstrate the relationship between you and your sponsor (other than your parents).

You have not demonstrated that your sponsor will provide adequate support to cover the cost of your studies.

You have provided financial documentation that I am unable to verify.

Your savings are not credible in light of your family income.

You have failed to comply with our request for completion of a medical examination.

You have failed to comply with our request for an interview. Based on the information provided, you have not satisfied me that you meet the requirements for issuance of a study permit.

You have not submitted a valid letter of acceptance from an educational institution in Canada indicating start date, expected date of completion, program enrolled in, any conditions imposed and any fees paid.

Pursuant to section A40(1)(a) and A40(2)(a) of IRPA, you remain inadmissible to Canada for misrepresentation for a period of two years.

You remain a member of an inadmissible class of persons described in section_____ of the Immigration and Refugee Protection Act . As a result, you are inadmissible to Canada.

You remain inadmissible to Canada on health grounds as per section A38 of IRPA.

You have not submitted the requested documentation, namely _______________. Based on the information provided, you have not satisfied me that you meet the requirements for issuance of a study permit.”

A FEW MORE POINTS:

The province of Quebec has its own rules that deals with the foreign students. An applicant who intends to study in Quebec must obtain the Certificat d’ acceptation du Quebec or Quebec Certificate of Acceptance (CAQ) issued by the Quebec Ministry of Immigration and Culture.

A study permit is not required to study the following courses:

A course which is for six months or less that an applicant can complete within the authorized period of his stay in Canada.
A course that is not academic, professional or vocational in nature for example a course on digital photography.
A course that is a part of a tour packages. The course is a secondary activity when the tour is a primary activity.
A course offered in a nursery school or kindergarten.

LAST WORD:
Study about Canada well before you even apply for a study permit.

Amnesty to illegal immigrants in Canada by the Canadian government - By Mr. Rezaur Rahman (Barrister & Solicitor)

2007-12-30T15:51:00.000-08:00

Like all Canadians I am hit with snow storm and pile of snow. I am not fussy about winter. The more you try to resist it the more you become grumpy; therefore I go along with it. Shoveling snow, enduring chilling temperature and trying to keep your smile even though you feel like you have just received strong and paralyzing anesthetic (BOTOX ?) in your face is part of Canadian life.

No, its not snow that makes me exasperated, it is the annual rumor mill that sometimes drains my energy. Since I came to Canada 16 years ago, I have been listening to different kinds of rumors every year. One of the popular rumors that often come back at the end of every year is a declaration of amnesty to illegal immigrants in Canada by the Canadian government.

For some reason some people believe that the Canadian government wants to make people happy at the Christmas time or on the eve of New Year and therefore it has decided to grant amnesty to illegal immigrants. Well, it has not happened so far and there is no sign of that happening in the near future. When the year draws to its end I am hit by a barrage of phone calls from my beloved deshi brothers and sisters. When I politely disagree with them about the declaration of amnesty, some of them even try to convince me to call the Ministry of Citizenship and Immigration to confirm their statement. They nicely tell me that probably I missed that very important announcement due to my busy work schedule.

A new rumor has been floating this year for the last couple of months. Some people (Canadian citizens or Permanent Residents) believe that if they start living in Manitoba or Saskatoon and invest a certain amount of money they will be able to sponsor 20 persons to immigrate to Canada . This is a flat lie. There is no such program.

Every year thousands of temporary foreign workers are coming to Canada to work for a few years. In most of the cases an employer in Canada files an application to Human Resources and Social Development Canada (HRSDC) for a Labor Market Opinion (LMO) for a particular category of employment. In that application, the Canadian employer explains that he has tried to hire a Canadian citizen or a Permanent Resident in a particular position but did not get a qualified candidate. The employer must submit proof of newspaper advertisement, job bank postings or job fair participation as an initiative to hire employee.

The HRSDC must be satisfied about the genuineness of the offer of employment and the employers' effort to hire a Canadian or a Permanent Resident at first. The HRSDC will issue a positive Labor Market Opinion (LMO) if it is convinced that hiring a foreign national will not affect the Canadian Labor Market negatively. The effect must be positive or neutral.

So obtaining a positive LMO is a first step to hire a foreign worker. Once the LMO is granted, the employer will send that to the prospective foreign worker who will then submit his application for Work Permit and the LMO at the designated Canadian Visa Office for his country. The Visa Officer will interview the applicant and will issue the Work Permit to him if he finds the applicant eligible.

It is therefore important, for a Bangladeshi who wants to come to Canada as a foreign worker, to first find a prospective employer who is willing to hire the applicant. One must be very careful about the THIRD PARTY who works as an intermediary between the employer and the applicant. Sometimes this THIRD PARTY charges high commission or service fees and cheat people by arranging false job offer or by getting employment offer for a job that does not yield enough savings.

Always be careful if the job offer sounds too good to be true. Try to understand why an employer in Canada is willing to hire you or why he will wait for months to get you to Canada . Definitely there are jobs available for foreign workers in Canada . There is extreme shortage of manpower in some sectors of employment but once again never put your guard down against suspicious job offers or activities of THIRD PARTY.

There is another false belief among applicants that if they come to Canada as foreign workers they will eventually become permanent residents of Canada . Please remember that a Foreign Worker comes to Canada to meet the labor shortage in different sectors. The category is known as Temporary Foreign Worker.

However once an applicant is in Canada he can apply for Permanent Resident as a Skilled Worker. To apply he must achieve minimum 67 points on the basis of different factors. His Canadian job experience will enhance his points. No such application can be filed in Canada . The application must be submitted at a Canadian Visa Office that is designated for the country of citizenship or permanent residence of the applicant. For example an applicant from Bangladesh who is now working in Canada must submit his application at the Canadian High Commission in Singapore . Or alternatively he can file application at the Canadian High Commission in another country if he has at least one-year visa for that country. So if the applicant has a visa for one year in the U.S, he can file his application at the Canadian Consulate in Buffalo , New York .

Applicants who are applying for permanent resident status under the skilled worker category can obtain extra points if a Canadian employer offers him a job. This offer must be approved by the HRSDC. The approval is issued as “Arranged Employment Opinion (AEO)”. The applicant cannot obtain any work permit on the basis of an AEO. It is issued only to support the applicant's application for Permanent Residence of Canada.

The only work that leads to Permanent Residence is the work as a Live-in Caregiver. I will discuss that category in my next Blog. I believe the Bangladeshis are far behind the citizens of many countries who enjoy the benefit of this category.

Well, the following are the categories of jobs in the Province of Ontario (There are lists for some other provinces too) for which there are not enough Canadian citizens or Permanent Residents of Canada available. The Canadian government is therefore exempting the employers from filing extensive proof of their recruitment effort in Canada . They must prove that they advertise on the Government of Canada's National Job Bank or the regional equivalence for at least 7 days or they have already established an ongoing recruitment mechanism such as using recognized internet sites, unions, professional sites, newspapers, newsletters, professional journals to hire employees. If you can find a suitable employer who wants to hire an employee for the following occupations, your application may be processed quickly.

The following part is not written by me and it is the reproduction of the material that is available in the website of the HRSDC: http://www.hrsdc.gc.ca/en/workplaceskills/foreign_workers/oup/onouplist.shtml

The following information is reproduced with no commercial intention but with the intention of disseminating useful information to the public in general:

Regional Occupations under Pressure List for Ontario

A new process has been developed to assist employers who are experiencing difficulty filling job vacancies. HRSDC/Service Canada is implementing Regional Occupations under Pressure lists to reduce the amount of time for an employer to hire a temporary foreign worker.

Employers wishing to hire temporary foreign workers for occupations that appear on a Regional Occupations under Pressure list will only be required to conduct minimum advertising efforts rather than the more comprehensive recruitment efforts normally required under the Temporary Foreign Worker Program. However, employers will still need to satisfy all other Temporary Foreign Worker Program requirements.

Employers who wish to hire temporary foreign workers in occupations appearing on a Regional Occupations under Pressure list will be considered to have conducted appropriate recruitment efforts if they:

Advertise on the Government of Canada's national Job Bank (or the equivalent in Saskatchewan , Quebec , or the Northwest Territories ) for a minimum of 7 calendar days;
and*/or
Demonstrate that they have established, on-going recruitment mechanisms already in place (e.g., using recognized job internet sites, unions, professional associations, corporate website, professional journals, newspapers, newsletters).

* For positions classified as being skill level C or D under the National Occupational Classification 1 system, employers will be required to satisfy both conditions.

1 The listed occupations are based on the National Occupational Classification (NOC) system. The NOC is the nationally accepted taxonomy and organizational framework of occupations in the Canadian labour market. For more information on the NOC system, please visit:
http://www23.hrdc-drhc.gc.ca/

Occupations under Pressure:

Management Occupations

NOC Code	Description
0013	Senior Managers – Financial, Communications and Other Business Services
0111	Financial Managers
0113	Purchasing Managers
0122	Banking, Credit and Other Investment Managers
0311	Managers in Health Care

Business, Finance and Administration Occupations

NOC Code	Description
1112	Financial and Investment Analysts
1121	Specialists in Human Resources

Natural and Applied Sciences and Related Occupations

NOC Code	Description
2121	Biologists and Related Scientists
2131	Civil Engineers
2132	Mechanical Engineers
2151	Architects

Health Occupations

NOC Code	Description
3111	Specialist Physicians
3112	General Practitioners and Family Physicians
3131	Pharmacists
3141	Audiologists and Speech-Language Pathologists
3142	Physiotherapists
3152	Registered Nurses
3211	Medical Laboratory Technologists and Pathologists' Assistants
3215	Medical Radiation Technologists
3222	Dental Hygienists and Dental Therapists
3233	Licensed Practical Nurses
3234	Ambulance Attendants and Other Paramedical Occupations

Trades, Transport and Equipment Operators and Related Occupations

NOC Code	Description
7312	Heavy Duty Equipment Mechanics
7313	Refrigeration and Air Conditioning Mechanics
7321	Automotive Service Technicians, Truck Mechanics and Mechanical Repairers

For more information, please visit:
hrsdc.gc.ca/en/workplaceskills/foreign_workers/index.shtml

I believe you will find this information useful. I wish you all a very happy Eid-ul-Ajha, Merry Christmas and a very happy and prosperous new year.

MISTAKES ARE COSTLY - By Rezaur Rahman (Barrister & Solicitor)

2007-11-03T13:20:00.000-07:00

She walked into my office with her cousin and her six months old baby. Her face was covered with a veil. All her pain was visible in her eyes. Her cousin, a very kind and caring man translated her statement to me from Afghan to English.

Her father was brutally killed by the members of a rival tribe when she was only 12 years old. She and her mother and her six year old brother fled to Pakistan to stay with one of her maternal uncles. Her uncle was kind to them but he was extremely poor and it was difficult for him to even take care of his own family but he never hesitated to share whatever he could.

She faced another set back when she lost her mother at the age of 16. She became an orphan and had no one with whom she could share her pain and aspirations. She grew up in poverty and the chance to go to school was nonexistent. Her days were spent doing household chores when one day the opportunity to come to Canada presented itself. Her older brother had come to Canada earlier as a sponsored refugee and now he was sponsoring his sister to come to Canada.

According to Afghan customs her relatives arranged her marriage and she shortly married a Afghan refugee living in Pakistan a few days before leaving for Canada.

When she arrived in Canada the Immigration officer gave her forms to fill out and sign which she then did. After arriving in Canada she got her first good news, she was pregnant and six months later she sponsored her husband to come to Canada. She believed that her days of misery and pain were now over and she was dreaming of the day her husband would be with her in Canada and she joyfully waited for her baby’s birth.

Unfortunately her sponsorship was rejected by the Citizenship and Immigration Canada. They informed her that she would never be able to sponsor her husband because she broke the law by not declaring to the Citizenship and Immigration Canada that she had a dependant.

The law says that anyone who applies for permanent residency and has dependants (spouse, children) must mention their name in the application for Permanent Residency and they must be medically examined.

For example, if applicant X wants to come to Canada as a permanent resident and she has a husband and a child (who qualifies as a dependant) then X must include their names in the application for permanent residence. Even if X’s husband or child does not want to come to Canada with X, their names must be at least mentioned in the application and they must be medically examined. If this procedure is not followed then X will never be allowed to sponsor them.

In the present case she was not married when she filed her application for permanent residency but she got married before she had become a permanent resident. Therefore she should have informed the Canadian High Commission in Islamabad Pakistan about her marriage before she had arrived in Canada and become a permanent resident. She told me that one of her relatives did send a letter to the Canadian High Commission informing them about the marriage but she did not know what happened afterwards.

Her cousin helped her to appoint a lawyer and file an appeal at the Immigration Appeal Division. At the hearing she failed to prove that the Canadian High Commission was informed about the marriage. The government argued that when she arrived at a Canadian airport she signed a form attesting the fact that she did not have any dependant and she was not married. She said that did not know English and she did not understand the forms at all. She lost her appeal.

It was a difficult case for me. I knew very well what the law says and I also knew that the Federal Court, in a similar case, ruled that no relief can be granted. It is not the fault of the Federal Court. In actuality the law is harsh and inhumane not taking into account the complexities of life. The Federal Court had no choice but to say that the provision of the law is valid even though it is unjust.

Her eyes filled with tears as she looked at me hopefully and said, “Do something for me brother as you would have done for your sister”. I felt strong empathy for her as I thought what I would have done if my sister was in such a helpless situation. I told her about the law and informed her regretfully that there was no chance of wining the case at the Federal Court. She broke into uncontrollable sobs. Her cousin asked me “So there is nothing that can be done?”

I told them that there is a special section in the Immigration and Refugee Protection Act that allows the Citizenship and Immigration Canada to grant a remedy under humanitarian and compassionate ground. However I noted that the Immigration Officer had already declared that there was no humanitarian and compassionate ground that would have allowed him to approve the sponsorship.

I told them that I would take up the case and fight for her rights. I told her that if she wanted she could go to Pakistan to stay a few months with her husband to relieve her mental agony. I then started to prepare my legal strategy in trying to win her case.

Six months later she came to my office with her cousin, who was interpreting for her, and informed me that she was better but still very worried about the future. She then said she was expecting her second child and I understood how difficult it would be for her to take care of two children in Canada without her husband.

I sent the proper application to the Case Processing Centre with a submission to consider humanitarian and compassionate grounds the Case Processing Center then sent the application to the Canadian High Commission in Islamabad.

A few weeks ago the Canadian High Commission had sent a letter asking for a few more documents; this is a good sign. It seems that the submission that we made is working and we are all hoping for the best. I believe that her application will be granted this time on the basis of the new arguments and documents that we filed.

Therefore readers, when trying to become a permanent resident of Canada be well informed of what is required since the law does not look kindly upon a mistake, no matter how innocent that is. The price of any mistake is very high and can be unbearable.

Copyright © 2007 Rezaur Rahman (Barrister & Solicitor). All Rights Reserved.

A DAY IN MR. X’S LIFE - Part II - By Rezaur Rahman (Barrister & Solicitor)

2007-09-13T11:31:00.000-07:00

“Well, I have a big business in Dhaka. I cannot stay in Canada for long time. However my wife and children would be here and I will be visiting them once or twice a year to spend a month or so with them….so what do you think Mr. Rahman ?” asked Mr. X with a glare of confidence in his eyes.

Mr. X a new immigrant to Canada thinks he has made the choice to become an immigrant not for himself but for his two kids who would be having “good life” and “good education” in this wonderful country.

The more I was trying to explain to him the mandatory requirement of the Immigration and Refugee Protection Act (IRPA) for an immigrant to stay in Canada for a minimum of 730 days out of every five years , the more he was trying to avoid that issue.

He had his own plan. Some of those are absolutely illegal and unethical. At one point I simply asked him “If you go to a physician and tell your problem to him, who decides what medication is appropriate for you ?” He smiled and said “Of course the physician , but what relevant does it have to my situation ? I asked him “But if he prescribes you a medicine that tastes absolutely bitter, would you ask the physician to give you the one that tastes good ?” He became impatient and said “Of course not ….but why are you asking me this …”

I told him “Mr. X , when you go to a lawyer , he will give you the appropriate advice that he is authorized to provide you on the basis of your circumstances…..if you try to get your illegal plan approved by a lawyer because it suits you, he will not do that”. Now he understands the situation and became very humble. I asked him if he had the mind to listen to me carefully so that he knows what legal options were open for him to follow. Mr. X took a deep breath and said "Yes, please"

I told Mr. X that the word “’permanent resident’ signifies the responsibility of the holder of this status. It means you are required to live in Canada permanently . Living permanently means taking up a place of residence, working or doing business or going to school or carrying out other works that a person who lives in a country normally does. You are not a visitor who would go back to his country of citizenship or residency once the visa expires.

The IRPA says that you need to stay in Canada physically 730 days in every five years. The five year period is counted from the day you become the permanent resident of Canada. If you become a permanent resident in September 2007, you must stay 730 days in Canada till August 2012.

Your Permanent Resident Card will be renewed in every five years . So, a new five-year period will start from 2012 and that will last till 2017.

You can become a Canadian Citizen after you have lived 3 years in Canada since you have become a permanent resident . So if you become a permanent resident in September 2007 and continue to live in Canada till August 2012 you will be able to apply for the Canadian citizenship at that time.

Once you become a Canadian citizen you will become free from the requirement of living in Canada for a certain amount of time. If you chose to live in another country for the rest of your life, you will not lose your Canadian citizenship for doing so.

If any of the permanent residents of Canada like Mr. X who wants to go back to Bangladesh and live there can still retain his Permanent resident status of Canada if he is employed by a Canadian business organization and work for that Canadian company in Bangladesh.

The Canadian company that employs a permanent resident can be a federal or provincial corporation or other form of company. It must have an ongoing operation in Canada. The business organization must be run with an anticipation of making profit and must be capable of generating revenue.

However the law excludes a business organization form this category which is created and run mainly to allow a permanent resident to comply with his residency obligation while living in abroad.

As an example, Mr. X is employed by a Canadian Business Corporation “Last Chance Inc.” to look after its business interests in Bangladesh and he returns to Canada after 4 years. His absence from Canada will be treated as if he lived in Canada in all those years.

If he were not employed by a Canadian business but came back to Canada after 3 years from Bangladesh, the Immigration Officer will allow him to enter Canada provided the officer is satisfied that Mr. X would be living in Canada for the next two years to fulfill his residency obligation.

A permanent resident is considered to be in compliance of fulfilling the residency obligation even though he is not physically present in Canada for the required period of time , if one of the following happens:

1. He is employed full-time basis by a Canadian business or in the public service of Canada or of a province and is living in another country as a requirement of his job.

2. He is accompanying his spouse of common-law partner who is a Canadian citizen.

3. He is a child and accompanying his parents one of whom is a Canadian citizen.

4. He is accompanying his spouse or common-law partner who is a permanent resident and who is employed full time basis by a Canadian business or in the public service of Canada or of a province and is living in another country as a requirement of his job.

5. He is child who is accompanying his parents to another country and one of those parents is employed full time basis by a Canadian business or in the public service of Canada or of a province.

Even if someone fails to meet the residency obligation the Immigration Officer may allow him to retain his permanent resident status after making the humanitarian and compassionate considerations and taking into account the best interest of a child directly affected by this determination.

As an example let us think about someone who came to Canada with his wife , stayed for a year and went back to his country of birth to visit his ailing mother. He left his wife behind who was pregnant. His wife expected that he would come back at the time of the birth of their child . Unfortunately he could not come back because the condition of his mother deteriorated.

His wife gave birth to a child . He continued to support his family by sending money from abroad. His mother became terminally ill. He was the only child of his parents and his father had died long time ago. He could not leave his mother and return to Canada because there was none to take care of her. His mother passed away recently. He returned to Canada permanently after four years.

If it is proven on the basis of medical evidence and other relevant evidence that it was absolutely necessary for him to stay with his mother and he tried to return to Canada at his earliest opportunity the immigration officer would definitely consider the humanitarian and compassionate grounds in determining his residency obligation.

The Immigration Officer would also have to examine the impact on the child if his father loses the permanent resident status.

However if the Immigration Officer declares that there was no humanitarian and compassionate ground that would support the retention of permanent resident status , the permanent resident does not lose his status immediately. He can file an appeal at the Immigration Appeal Division of the Immigration and Refugee Board against that decision.

Some people still talk about the Returning Resident Permit. That was a requirement under the old Act. Prior to IRPA , a permanent resident could not have lived in a foreign land more than 180 days in a year. In order to stay longer than that period one had to obtain permission or a permit from the Immigration authority. That permit is no longer issued because the limitation of 180 days is no longer in effect.

A DAY IN MR. X’S LIFE - Part I - By Rezaur Rahman (Barrister & Solicitor)

2007-08-14T13:25:00.000-07:00

It was a busy Monday morning and I was about to leave my office to go to the Federal Court when the phone rang. I had already instructed my secretary not to pass on the phone to me but to take a message from the caller. However when the phone kept on ringing I knew that there was something unusual. The Secretary told me that one Mr. X needed my help because he was told he would be deported from Canada to Bangladesh. He wanted to speak to me. I took his call. It seemed to me that he was at the verge of a nervous breakdown. When I asked “What can I do for you….?” he started crying.

I listened to his problem briefly, noted down his phone number and told him not to worry. He kept on telling me ”Please do something, please otherwise I will have to kill myself, If I am sent back to Bangladesh I will not be able to endure the shame.” Though I did not meet him, I could feel that he was feeling the intense pang of betrayal and the fear of imminent disgrace and reversal of fortune.

I promised to look after his problem as soon as I came back from the Federal Court and I gave him some instructions to follow.

What happened to him also happened to a few others and not all of them were as lucky as him to eventually obtain the permission to stay in Canada. What happened to him ? …well he came to Canada as a Skilled Worker . Just a few days before his departure from Bangladesh, he got married to comply with his parents’ wish. His Immigration Consultant in Bangladesh did not know that Mr. X had a legal duty to inform the Canadian Immigration about the change in his marital status. When Mr. X came to Canada he was warmly welcomed by the Canadian Immigration. Being overjoyed Mr. X declared that his wife will soon come to Canada. The Immigration Officer asked him when did he get married and why did he enter Canada as a single person ? Mr. X told the Officer that he did not know that he had to declare that prior to his landing. The Officer seized his passport and Immigrant visa and told him that he would not be issued a Permanent Resident Card because he breached the Canadian Immigration law by misrepresenting material fact.

They also told him that it is a requirement that a spouse or a child who is a dependant of the principal applicant be examined medically prior to the landing of the principal applicant; otherwise that dependant will be barred permanently from immigrating to Canada. So his wife would never be able to come to Canada because she did not fulfill the requirement

Mr. X became totally perplexed and frightened. It was his worst nightmare. The Immigration Officer told him that soon he would have to leave Canada. Mr. X pleaded to the Immigration Officer that he did not know the law and his Immigration Consultant never informed him about that. The Immigration Officer simply reminded him that ignorance of the law was not a valid defense.

Mr. X is now a Permanent Resident of Canada and he was allowed to sponsor his wife. I am not going to write in details how we won the case but let me tell you one interesting point that we found in his case. We argued that Mr. X was required to inform the Citizenship and Immigration Canada about his marriage prior to his landing in Canada. In the context of Canadian Immigration law landing does not mean disembarkation from the aircraft but to obtain a document at the Port of Entry (airport, seaport, land border) to confirm the Permanent Resident status in Canada. The Officer who interviewed Mr. X seized his passport and the Immigrant visa (visa to come to Canada but that does not confirm the immigrant status) when Mr. X disclosed his marital status. It means Mr. X actually informed the Citizenship and Immigration Canada prior to obtaining his landing or Permanent Resident Status. If the Immigration Officer had granted him the Permanent Resident status prior to the disclosure of Mr. X’s marital status, the case would have been more difficult.

Nobody wants to face the challenge that Mr. X faced, so it would be better if you remember the following points while applying for immigrating to Canada:

One: If you prepare your application form without the help of an authorized and experienced professional be careful to read all the instructions and the fine prints.

Two: If you want to rely on any professional, chose the authorized, experienced and knowledgeable one who is a person of integrity.

Three: Always inform your visa office if any change occurs in your personal situation that might affect your eligibility, for example getting married or becoming a parent or convicted of any crime.

SO YOU WANT TO COME TO CANADA!

No, I cannot blame you. Canada is a land of opportunity where one with proper skills and determination may reach his destination in life. Anyone who visits this wonderful country immediately feels at peace. As if it is a land for which you have been waiting for long time. It does not mean that you don’t love your motherland. You do, but there is no conflict if you become a citizen of another great country like Canada.

“IMMIGRANTS HAVE ALWAYS HELPED TO MAKE CANADA’S ECONOMY STRONG AND PROSPEROUS. TO CONTINUE THIS TRADITION, CANADA ENCOURAGES SKILLED WORKER APPLICATIONS FOR POERMANET RESIDENCE FROM PEOPLE WITH SKILLS, EDUCATION AND WORK EXPERIENECE THAT WILL CONTRIBUTE TO THE CANADIAN ECONOMY”

Canada is a democratic and highly developed country, which provides finest education, health care and security for its citizens and permanent residents. Peace and stability are the hallmarks of this great nation. Everybody is treated equally irrespective of their socio-cultural, ethnic or religious background. The Canadians are respected all over the world for their contributions in the humanitarian and peace keeping endeavors.

If you want to be a part of a great but humble, rich but frugal and powerful but somber nation, Canada should be your choice. Canada is a popular destination for many foreign nationals.

YOU CAN BECOME A CANADIAN TOO:

Yes, you may become a permanent resident of Canada and eventually become a citizen of this wonderful country.

Four types of people may immigrate to Canada:

1. Federal Skilled Worker Class.
2. Provincial Nominee Class.
3. Business class
4. Family Class.

You can apply for permanent resident of Canada under three categories:

1. Skilled worker: You have to obtain minimum 67 points on the basis of the level of your education, work experience, age and proficiency in either English or French language or both. There are other factors which will help you to obtain more points.

2. Business immigration:

(a) Investor: Needs business experience and must possess a minimum net worth of legally obtained CDN $ 800,000 and make an investment of CDN $ 400,000. Must earn 35 points on the basis of different factors. More….

(b) Entrepreneur: Needs business experience and must possess minimum net worth of CDN $ 300,000. Must own and actively manage a business in Canada that will create jobs and will contribute to the economy. Must earn 35 points on the basis of different factors.

(c) Self-employed: Must have the relevant experience and also the ability and intention to create own employment in Canada. This applicants are mostly cultural performers or athletes of world standard. One can also qualify by purchasing and managing a farm in Canada. Must earn 35 points on the basis of different factors.

THE FEDERAL SKILLED WORKER CLASS:

There are minimum requirements to qualify under the Federal Skilled Worker Class. The first requirement is at least one-year work experience and the second requirement is the ability to support yourself and your dependents once you immigrate to Canada. The second requirement is assessed on the basis of your fund.

Before you apply under the Federal Skilled Worker Class please check if you have at least one year of full-time or full-time equivalent work experience. This must be a paid work and not a voluntary one. Your work must have taken place in the past 10 years and not before that. Your work experience must be in the category of O,A or B skill level (Click here to check the list of approved occupations) of the National Occupation Classification (NOC).

Once your work experience meets the requirement to apply as a skilled worker, you will have to prove that you have the financial capacity to support yourself and your dependents who will be immigrating to Canada.

“The government of Canada provides no financial support to new skilled worker immigrants. You must prove that you have enough money unencumbered by debts of obligations to support yourself and your family members after you arrive in Canada.”

EDUCATION:

Points are awarded on the basis of the educational credentials that you have earned and the time you spent in full-time or full-time equivalent study.

Example: If you have a Master’s degree your total years of full-time or full-time equivalent study must be 17 years. When the two criteria are fulfilled you will get 25 points. If you have 16 years of study you will get only 22 points.

The following chart will help you to understand how the points are awarded for education credentials and full-time or full-time equivalent study,

Education level - Years of education - Points

Master’s or PhD - 17 years - 25

Two or more university degrees at Bachelor level - 15 years - 22

A three-year diploma, trade certificate or apprenticeship - 15 years - 22

A university degree of two years or more at the Bachelor’s level - 14 years - 20

A two year diploma ,trade certificate or apprenticeship - 14 years - 20

A one year university degree at the Bachelor’s level or a one-year diploma, trade certificate or apprenticeship - 13 years - 15

A one-year diploma, trade certificate or apprenticeship - 12 years - 12

Secondary school o/ High school - 5

LANGUAGE ABILITY

You must be proficient at least in one of the official languages of Canada, English or French. If you are proficient in both the languages, you will get more points. If you have some abilities in both the languages then you should decide which one you are more comfortable using. The language you comprehend , read and speak best should be selected as your First official language and the other one should be selected as second official language.

There is a difference in marking for these two sets of languages.

Definition of proficiency level:

High: Your proficiency level indicates that you can communicate effectively in most social and work situations.

Moderate: Your proficiency level indicates that you can communicate comfortably in familiar social and work situations.

Basic: Your proficiency level indicates you can communicate in predictable context and on familiar topics.

No: You do not have basic proficiency.

Points are awarded on the basis of proven ability in reading, writing, listening to and speaking English and/ or French.

IMPORTANT: The Citizenship and Immigration Canada wants conclusive proof of your language ability. There are two ways to prove it. One is by taking a language proficiency test administered by an approved organization. Another one, by submitting supporting documentation. It is HIGHLY RECOMMENDED that you take the General Training Option of the International English Language Testing System (IELTS) test for English test or the Test d’ Evaluation de François (TEF) for French language test to prove your proficiency in that language. You can also take the Canadian International Language Proficiency Index Program (CELPIP) test. These tests are conclusive.

However if you believe that no such test is necessary because the medium of instruction of your education was either English or French or both and you have sufficient documentation to prove that you may submit those proofs along with a written explanation as alternative to IELTS score.

Remember, when an applicant submits the score of a language test to the CIC, the Immigration Officer who is assessing your application has no choice but to accept that score as a final point for your ability in that particular language. On the contrary, when you submit documentation and an explanation about your proficiency, it is up to the Immigration Officer to determine the appropriate point.

Point to remember: Under the simplified process you don’t have to submit the IELTS or CLPP score or any other documents at the time of filing the application. The CIC will ask you to submit those when your file will be ready. So don’t take any language test unless you are instructed by the CIC to submit prove. You will get time to submit proof. Don’t be panicked.

More information on language ability, visit:
http://www.cic.gc.ca/english/immigrate/skilled/factor-language.asp

WORK EXPERIENCE:

You get maximum 21 points for your work experience. Not all experience is counted. You must have gained your experience in an occupation which is listed in Skill Type O or Skill Type A or B of the National Occupational Classification.

You must have gained your experience through a full time and paid work in the last 10 years prior to submitting your application to CIC.

Your occupation must not have listed in the restricted occupation list. The CIC has the right to declare a certain occupation as restricted. That means experience gained in that occupation will not be accepted for assessing points. You can check the updated information at the http://www.cic.gc.ca/ under the banner “Will You Qualify”

The point for work experience is assessed in the following manner:

Years of experience & points:

1 = 15, 2 = 17, 3 = 19, 4+ = 21

AGE:

You get point for you age at the time of submitting your application. Don’t be worried in thinking that you will lose points if its takes CIC longer in deciding your application.

Age & Points:

16 or under = 0
17 = 2
18 = 4
19 = 6
20 = 8
21-49 = 10
50 = 8
51 = 6
52 = 4
53 = 2
54+ = 0

ARRANGED EMPLOYMENT:

When you are applying from abroad and points:

1. A prospective Canadian employer offers you a full time job, approved by the HRSDC - 10 and you meet all required Canadian licensing or regulatory standards relating to that job

When you are applying being in Canada and Points:

1. You are working on a temporary work permit which will remain valid
at least for12 months and your employer has offered to give you a permanent job if your application for permanent residence is accepted. 10

2. You are working in a job that does not need HRSDC confirmation and your work permit will remain valid for at least 12 months and your employer has offered to give you a permanent job if your application for permanent residence is accepted. 10

ADAPTABILITY:

Points for adaptability are awarded for certain experiences that might have been gained by you and /or your spouse or common-law-partner.

ADAPTABILITY FACTORS & POINTS:

A. Your spouse or common-law partner has a level of education of:

Secondary school (high school) diploma or less - 0
A one-year diploma, trade certificate, apprenticeship, or university degree and at least 12 years of full-time or full-time equivalent studies - 3
A diploma, trade certificate, apprenticeship. Or university degree of two years or more and at least 14 years of full-time equivalent studies - 4
A Master’s or PhD and at least 17 years of full-time or full-time equivalent studies - 5

B. You or your spouse or common-law partner studied in Canada,
at a post-secondary institution for at least two years on a full-time basis after the age of 17 and with a valid study permit - 5

C. You or your spouse or common-law partner worked in Canada that was - 5
- full-time.
- for at least one year.
- on the basis of a valid work permit

D. You have earned points under arranged employment - 5

E. You or your spouse or common-law partner has any of the following relatives who is a Canadian citizen or permanent resident and lives in Canada - 5

Parent
Grandparent
Child
Grandchild
Child of a parent
Sibling
Child of grandparent
Aunt
Uncle
Grandchild of a parent
Niece
Nephew

Remember: For same experience, only one of you can get points. For example if both of you have studied at a post-secondary institution in Canada for at least two years as full-time students and with a valid study permit only one of you will get 5 points for that. If both of you have relatives in Canada the applicant will get maximum 5 points.

Investor (more information):

You and your immediate family (spouse, children) can immigrate to Canada under this class if you fulfill the requirements. The Federal Investor program deals with all the provinces in Canada except the province of Quebec. The Quebec Investor program deals exclusively with those applicants who want to settle in the province of Quebec.

Requirements (for all provinces of Canada except Quebec):

Requirements & Explanation:

Ownership of a business (Not mandatory) - If you own a business it must be a qualifying business and you must have managed that.

Business experience (minimum two years) - Experience of managing a qualifying business

Managing 5 full-time employee - If you don’t have a business and have no experience in managing a business but if you have the experience of managing 5 full-time employees of a business for at least two years , you will qualify.

Minimum net worth of CAD$ 800,000.00 - Net worth means the value of your assets. It includes your property, stock, bond, share, and money in the bank. You must have obtained these assets legally which means you must be able to show by verifiable evidence (tax return, bank transaction records) that you have accumulated wealth by following lawful method.

Investment of CAD$ 400,000.00 - You deposit this amount to a Canadian financial institution approved and guaranteed by the Canadian government. The principal amount will be returned to you after five years without any interest.

Miscellaneous - Must be cleared by medical and security screening. Must not be inadmissible to Canada on any other ground as stated in the law.

Requirements for the province of Quebec:

Requirements & Explanation:

Ownership of a business (Not mandatory) - If you own a business it must be a qualifying business (details below) and you must have managed that.

Business experience (minimum two years) - Experience of managing a qualifying business. Management experience (planning, supervision and control of human, physical and financial resources) acquired in a lawful and profitable, commercial, industrial or agricultural business, OR Management experience in a governmental or international organization

Managing 5 full-time employee - If you don’t have a business and have no experience in managing a business but if you have the experience of managing 5 full-time employees of a business for at least two years , you will qualify.

Minimum net worth of CAD$ 800,000.00 - Net worth means the value of your assets. It includes your property, stock , bond , share, money in the bank . You must have obtained these assets legally which means you must be able to show by verifiable evidence (tax return, bank transaction records) that you have accumulated wealth by following lawful method.

Investment of CAD$ 400,000.00 - You deposit this amount to a Canadian financial institution approved and guaranteed by the Canadian government. The principal amount will be returned to you after five years without any interest.

Miscellaneous - Must be cleared by medical and security screening. Must not be inadmissible to Canada on any other ground as stated in the law.

Entrepreneur (More information):

You and your immediate family (spouse, children) can immigrate to Canada under this class if you fulfill the requirements. The Federal Entrepreneur program deals with all the provinces in Canada except the province of Quebec. The Quebec Entrepreneur program deals exclusively with those applicants who want to settle in the province of Quebec.

Requirements (for all provinces of Canada except Quebec):

Requirements & Explanation:

Ownership of a qualifying business - You must own a business the primary purpose of which is other than earning any investment income . (Interest, dividends or capital gain). The business must also fulfill other requirements of the Act. more

Business experience (minimum two years) - Experience of managing a qualifying business Management experience (planning, supervision and control of human, physical and financial resources) acquired in a lawful and profitable, commercial, industrial or agricultural business

Minimum net worth of CAD$ 300,000.00 - Net worth means the value of your assets. It includes your property, stock , bond , share, money in the bank . You must have obtained these assets legally which means you must be able to show by verifiable evidence (tax return, bank transaction records) that you have accumulated wealth by following lawful method.

Investment of CAD$ 400,000.00 - You deposit this amount to a Canadian financial institution approved and guaranteed by the Canadian government. The principal amount will be returned to you after five years without any interest.

Miscellaneous - Must be cleared by medical and security screening. Must not be inadmissible to Canada on any other ground as stated in the law.

Self employed (More information)

Not every occupation is acceptable under the self employed category. You must have the experience of self employment as a farmer, artisan or athlete and cultural performer. If you were not self employed but you had participated in world class level athletics or cultural activities your experience will be recognized. There is no such exemption regarding farm management experience. You must have minimum two years of experience in managing a farm.

You need two years of experience to qualify. You can combine your one year experience of self employment in the designated occupation and one year experience of participation in world class level cultural, athletic or farm management activities. Your must have gained two years experience within the five year period. See definition .

Apart from your ability and intention to be self employed in Canada you must have the ability and intention to make a significant contribution in economic activities involving your field of self employment.

You need total 35 points to qualify under self employed category.

DEFINITIONS:

Want to know more precisely ? Well the following definitions are mentioned in section 88 of the Immigration and Refugee Protections Regulations (IRPAR)

Business experience : “ in respect of (a) an investor, other than an investor selected by a province, means a minimum of two years of experience consisting of:

(i) two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application,

(ii) two one-year periods of experience in the management of at least five full-time job equivalents per year in a business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, or

(iii) a combination of a one-year period of experience described in subparagraph (i) and a one-year period of experience described in subparagraph (ii);

Qualifying business: "qualifying business" means a business — other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains — for which, during the year under consideration, there is documentary evidence of any two of the following:

(a) the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than two full-time job equivalents per year;

(b) the percentage of equity multiplied by the total annual sales is equal to or greater than $500,000;

(c) the percentage of equity multiplied by the net income in the year is equal to or greater than $50,000; and

(d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000.)

Qualifying Canadian Business:
"qualifying Canadian business" means a business operated in Canada by an entrepreneur — other than a business operated primarily for the purpose of deriving investment income, such as interest, dividends or capital gains — for which there is in any year within the period of three years after the day the entrepreneur becomes a permanent resident documentary evidence of any two of the following:

(a) the percentage of equity multiplied by the number of full-time job equivalents is equal to or greater than two full-time job equivalents per year;

(b) the percentage of equity multiplied by the total annual sales is equal to or greater than $250,000;

(d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000.

Relevent experienece:
"relevant experience" , in respect of
(a) a self-employed person, other than a self-employed person selected by a province, means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of

(i) in respect of cultural activities,
(A) two one-year periods of experience in self-employment in cultural activities,
(B) two one-year periods of experience in participation at a world class level in cultural activities, or
(C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B),

(ii) in respect of athletics,
(A) two one-year periods of experience in self-employment in athletics,
(B) two one-year periods of experience in participation at a world class level in athletics, or
(C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B), and

(iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm; and
(b) a self-employed person selected by a province, has the meaning provided by the laws of the province.

"self-employed person"
"self-employed person" means a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada.
"self-employed person selected by a province"
"self-employed person selected by a province" means a self-employed person
(a) who intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of self-employed persons; and
(b) is named in a selection certificate issued to them by that province.

"specified economic activities"
"specified economic activities" , in respect of
(a) a self-employed person, other than a self-employed person selected by a province, means cultural activities, athletics or the purchase and management of a farm; and
(b) a self-employed person selected by a province, has the meaning provided by the laws of the province.)

POINTS :

Pass mark for all three business classes is divided according to following factors.

FACTORS & MAXIMUM POINTS

BUSINESS EXPERIENCE - 35

AGE - 10

EDUCATION - 25

LANGUAGE ABILITY - 24

ADAPTABILITY - 6

TOTAL = 100

You need only 35 points to qualify in any of the three categories of business class.

Copyright © 2007 Rezaur Rahman (Barrister & Solicitor). All Rights Reserved.

First Days Guide Table of Contents

2007-03-20T12:45:00.000-07:00

Arriving in Ontario
Finding a Place to Stay
Finding Information
Exchanging Money
Using the Telephone
Sending and Receiving Mail
Transportation
Caring for Children
Applying for the Canada Child Tax Benefit (CCTB)
Applying for the Ontario Health Insurance Plan (OHIP)
Questions about Life in Ontario?This guide has general information that can help you to settle. If you have specific questions about your situation, visit our Discussion Area and get help from our experts and thousands of people just like you!
Applying for a Social Insurance Number (SIN)
Learning English and French
Evaluating Education and Work Skills
Banking
Shopping
Organizations that Can Help You

Immigrant Employment Loan Program

2007-03-20T12:30:00.000-07:00

The Maytree Foundation -
Alterna Savings Immigrant Employment Loan Program provides access to credit for newcomers to pay for short-term training (up to 1 year) in order to find employment in their occupation. The maximum loan considered is $5,000, and funds can also cover an assessment of credentials, examination and professional association fees.

Currently borrowers are studying subjects such as midwifery, nursing, medical laboratory studies, pharmacy, family counseling, travel and tourism, tool and die making, engineering technology, design engineering, home inspection, purchasing, quality assurance, trucking, and welding. The majority of borrowers who have completed their training have been able to find jobs in their fields.

Who is eligible?
Applicants must either be a landed immigrant or protected person (Convention refugee) who resides in the Greater Toronto Area. He/she should demonstrate the following characteristics:
possess the education, skills, and experience in their chosen occupation that can be transferred to the Canadian workforce through short term training;
possess relevant English language skills to gain employment in their selected field;
is unable to obtain credit from traditional financial institutions due to lack of credit history and possibly a current lack of employment; and, is highly motivated to succeed.

What type of training/assessment is covered by a loan?
Loans provided through the program will cover the costs of training and/or assessments that meet the following criteria:
are short term - up to one year;
provide training/accreditation for an industry which produces salaries that are high enough to allow for repayment of loans with interest within a specific time frame;
provide training/accreditation for a high demand and growth industry;
leverage existing skills and knowledge of the immigrant or Convention refugee;
training and/or assessments are provided by a credible community-based, private or institutional trainer which has a history of providing quality training; and, leads directly to employment.

The maximum loan that will be considered is $5,000.
For more information please visit the loan program webpage. http://www.maytree.com/MaytreeInitiatives/FinancialAssistanceForImmigrantsAndRefugees/ImmigrantEmploymentLoanProgram.htm

Questions regarding Canadian Immigration

2007-03-20T09:32:00.000-07:00

If you have any questions regarding the Canadian way of life and immigration, please email us or post your questions here and we will get some answers for your concerns. Also currently we are working on a "Bangla Blog" as per many requests that we received, where we will try to address the Canadian - Bangladeshi way of life, its benifits and flaws. Its a place to discuss your feelings towards the migration to Canada in Bangla. Coming soon...........

Thanks

BDCAN.CA Team

List of Federal Programs target to NEW CANADIANS all over Canada

2007-03-20T09:29:00.000-07:00

This link is very helpful when you are new in Canada and need to find out all the federal benifits you can receive from the governmnet. This site will allow you to find out programs that are avaliable all over Canada (all province and territories).

BDCAN.CA Team
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Immigration Consultants for Canada

2007-03-20T09:03:00.000-07:00

From our experience what we have seen is anyone, who has very little knowledge about the Canadian immigration system try to become an immigration consultant. This way most of the time even those people loose their chances that might have been accepted if they went to the proper immigration consultant.
Now this posting of ours will help many of you to determine how and who do you select in case if you need a consultant.

BDCAN. CA Team
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Citizenship and Immigration Canada (CIC) realizes that the use of a representative to assist in completing your immigration application is a personal choice. Please note, the Government of Canada does not recommend or endorse any individual representative.

To verify if an immigration representative is authorized, you must know to which of these organizations they belong.

To which regulatory organization does the immigration representative belong?
A Canadian provincial or territorial law society
The Canadian Society of Immigration Consultants (CSIC)
The Chambre des notaires du Québec
Most law societies allow you to verify on-line if a lawyer is a member in good standing. The Law Societies of Saskatchewan, Manitoba and New Brunswick do not have on-line verification mechanisms. In order to verify if a lawyer belongs to these societies, you will need to contact the law society directly using the information provided.
Canadian provincial and territorial law societies

Law Society of British Columbia(English only)
845 Cambie Street Vancouver, British Columbia Canada V6B 4Z9 Tel.: (604) 669-2533Toll Free (in province):1-800-903-5300Fax: (604) 669-5232TTY: (604) 443-5700
Membership Validation ServiceWeb site: http://alt.lawsociety.bc.ca/lkup/mbr_search.cfmE-mail: memberinfo@lsbc.org

Law Society of Alberta(English only)
919-11th Avenue S.W.Suite 600 Calgary, Alberta Canada T2R 1P3 Tel.: (403) 229-4700Toll Free: 1-800-661-9003Fax: (403) 228-1728Membership Validation ServiceWeb site: www.lawsocietyalberta.com/memberSearch/Index.cfmE-mail: membership@lawsocietyalberta.com

Law Society of Saskatchewan(English only)
1100-2500 Victoria Avenue Regina, Saskatchewan Canada S4P 3X2 Tel.: (306) 569-8242(ask for Membership Services)Toll Free (in province): 1-800-667-9886Fax: (306) 352-2989Membership Validation ServiceE-mail: reception@lawsociety.sk.ca

Law Society of Manitoba(English only)
219 Kennedy Street Winnipeg, Manitoba Canada R3C 1S8 Tel: (204) 942-5571Fax: (204) 956-0624Membership Validation ServiceE-mail: admin@lawsociety.mb.ca

Law Society of Upper Canada
Osgoode Hall 130 Queen Street West Toronto, Ontario Canada M5H 2N6 Tel.: (416) 947-3300Toll Free: 1-800-668-7380Fax: (416) 947-5263Membership Validation ServiceWeb site: www1.lsuc.on.ca/MemberDirectory/loadSearchPage.doE-mail: lawsociety@lsuc.on.ca

Barreau du Québec
(French only)
445 Saint-Laurent Boulevard Montréal, Quebec Canada H2Y 3T8 Tel.: (514) 954-3400Toll Free: 1-800-361-8495Fax: (514) 954-3464Membership Validation ServiceWeb site: http://www.barreau.qc.ca/en/repertoire/default.aspE-mail: infos@barreau.qc.ca

Law Society of New Brunswick
1133 Regent StreetSuite 206 Fredericton, New Brunswick Canada E3B 3Z2 Tel.: (506) 458-8540Fax: (506) 451-1421Membership Validation ServiceE-mail: general@lawsociety-barreau.nb.ca

Nova Scotia Barristers’ Society(English only)
Centennial Building1101-1645 Granville Street Halifax , Nova Scotia Canada B3J 1X3 Tel.: (902) 422-1491Fax: (902) 429-4869Membership Validation ServiceWeb site: http://www.nsbs.org/online/default.aspE-mail: info@nsbs.org

Law Society of Prince Edward Island(English only)
49 Water Street Charlottetown, Prince Edward Island Canada C1A 7K2 Tel.: (902) 566-1666Fax: (902) 368-7557Membership Validation ServiceWeb site: http://www.lspei.pe.ca/lawyerlist.phpE-mail: jwyatt@lspei.pe.ca

Law Society of Newfoundland and Labrador(English only)
P.O. Box 1028St. John’s, Newfoundland-and-LabradorCanada A1C 5M3 Tel.: (709)722-4740Fax: (709) 722-8902Membership Validation ServiceWeb site: http://www.lawsociety.nf.ca/members/dir.aspE-mail: janice.whitman@lawsociety.nf.ca

Law Society of Yukon(English only)
302 Steele StreetSuite 202 Whitehorse, Yukon Canada Y1A 2C5 Tel.: (867) 668-4231Fax: (867) 667-7556Membership Validation ServiceWeb site: http://www.lawsocietyyukon.com/membership.aspE-mail: lsy@yknet.yk.ca

Law Society of the Northwest Territories(English only)
50 Mini Mall5004-50th AvenueP.O. Box 1298 Yellowknife, Northwest Territories Canada X1A 2N9 Tel.: (867) 873-3828Fax: (867) 873-6344
Membership Validation ServiceWeb site: http://www.lawsociety.nt.ca/and click on Member InformationE-mail: LSNT@TheEdge.ca

Law Society of Nunavut(English only)
P.O. Box 149Iqualuit, NunavutCanadaX0A 0H0 Tel: (867) 979-2330Fax: (867) 979-2333Membership Validation ServiceWeb site: http://lawsociety.nu.ca/members.htmlE-mail: lawsoc@nunanet.com

Canadian Society of Immigration Consultants
Munich Re Center390 Bay Street, Suite 1600 Toronto, Ontario Canada M5H 2Y2 Tel.: (416) 572-2800Toll Free: 1-866-308-CSIC (2742)Fax: (416) 572-4114Membership Validation ServiceWeb site: http://www.csic-scci.ca/and click on “Membership List”E-mail: information@csic-scci.ca

Chambre des notaires du Québec
800 Place-Victoria Suite 700P.O. Box 162 Montréal, Quebec Canada H4Z 1L8 Tel.: (514) 879-1793Toll Free: 1-800-668-2473Fax: (514) 829-1932
Membership Validation ServiceWeb site: www.trouverunnotaire.com/ (French only)E-mail: admin@cdnq.org

Foreign employees returning to Canada

2007-01-31T09:21:00.000-08:00

Canadian businesses with foreign employees that frequently travel in and out of Canada may still be denied entry when returning to Canada. It is important that local companies are aware of this potential problem scenario when deciding to send its foreign employees on foreign business visits. In comparison to Canadian employees that re-enter the country, foreign employees are subject to a number of rules and regulations that most businesses are not even aware of. If for example a foreigner commits a crime outside working hours, the employer may never find out about this. However, if the same employee is send abroad, he or she may then run into problems when trying to enter the country again. It is critical that human resource departments and managers are aware of this additional potential problem when sending its foreign employees abroad on business trips.

Where can I find help as a pregnant woman arriving in Ontario?

2007-01-19T07:59:00.000-08:00

There are many organizations that provide services for pregnant women in communities across Ontario. You can find services and support in newcomer-serving organizations, community-based non-profit organizations, community health services offered by the city or regional government, community centres, and hospitals.

Contact the Community Information Centre in your area and ask them about programs and services available for pregnant women. You will be able to find services for before and after your pregnancy (pre and post natal).

Public Health Units also offer a program called Healthy Babies, Healthy Children. The Healthy Babies, Healthy Children Program (HBHC) is a prevention and early intervention initiative to provide support and services to families with children from before birth up to six years of age. The Healthy Babies, Healthy Children Program works with hospitals, doctors, public health nurses, home visitors and service agencies in the community. Contact your local Public Health Unit.

There are also several programs available for pregnant women that are funded by the Canada Prenatal Nutrition Program (CPNP). The purpose of these groups is to reduce the rate of unhealthy birth weights, improve the health of both baby and mother, and also to encourage breastfeeding. Find a Canada Prenatal Nutrition Program (CPNP) Project in your community.

Some Community Health Centres offer pre and post natal services. In some cases, they can provide services to newcomers who have not yet received their OHIP/Health Card. Find a Community Health Centre in your community.
You will also want to see a family doctor or a midwife when you think you are pregnant. Family doctors can tell you how to take care of yourself and the baby. They can refer you to an obstetrician. An obstetrician is a doctor who specializes in pregnancy and childbirth. If you do not have a family doctor, we have information about How to Find a Family Doctor you might want to read, in our Health section.

Midwife associations have registered health care professionals who provide primary care to low-risk women throughout their pregnancy, labour and birth and provide care to both mother and baby during the first six weeks following the birth. The birth can take place at home or in a hospital as per your choice. If you are afraid of health complications of any kind, you can choose a hospital birth. The services of the midwives in the associations are free to women covered by OHIP.

But you will have to pay for laboratory tests as well as hospital room if it is a hospital birth. Click here to use the Association of Ontario Midwives 'Find a Midwife' service to find a midwife in your area. You will need to contact a local midwife to find out what they might charge for services if you are not covered by OHIP yet.

Ontario Council of Agencies Servicing Immigrants

2007-01-19T07:53:00.000-08:00

OCASI was formed in 1978 to act as a collective voice for immigrant serving agencies and to coordinate responses to shared needs and concerns.

OCASI is a registered charity governed by a volunteer board of directors. Its membership is comprised of more than 170 community-based organizations in the province of Ontario.

The Mission of OCASI is to achieve equality, access and full participation for immigrants and refugees in every aspect of Canadian life.

As a council of autonomous community-based agencies which serve the immigrant communities of Ontario, OCASI asserts the right of all persons to participate fully and equitably in the social, cultural, political and economic life of Ontario.

Best resources for New Immigrants in Canada

2007-01-15T13:00:00.000-08:00

BDCAN.CA - We tried to provide the best and correct source of information that we were looking for when we first moved into Canada or even before moving to Canada. Things like what kind of courses we are able to take even before coming to Canada so that when we are here we would be readu for the job market, where to go for stuffs that we all need.

Check it out

http://www.bdcan.ca/page.php?id=resource

Welcome to Moving In Canada

2007-01-15T12:57:00.000-08:00

Owning your own home is a key part of the average family's Canadian Dream. Moving In Canada is designed to help people find a job, find a realtor, find a house, plan a move, make the trip, and get settled in. We have lots of great information, and lots of great links to very useful web sites.

Whether moving in your community, city, province, we've got COAST-TO-COAST Moving information & tips. We have lots of information about the drive there, usually along the Trans-Canada Highway.

Go to a specific PROVINCE or CITY using the options at right.

Canada’s New Government to Extend Off-Campus Work Program to More International Students

2007-01-15T12:52:00.000-08:00

OTTAWA, December 14, 2006 — The Honourable Monte Solberg, Minister of Citizenship and Immigration, today announced that Canada’s New Government will begin discussions with interested provinces and territories to expand the Off-Campus Work Permit program to include private institutions on a pilot basis.

As a result of the pilot, foreign students studying at approximately 75 additional institutions could be eligible to apply for off-campus work permits. The program, which allows international students at post-secondary institutions to work off-campus, is currently available only to students at publicly funded universities and colleges.

“International students contribute to Canada’s intellectual and academic environment, and make our university and college campuses centres of rich and diverse cultural exchange,” said Minister Solberg. “The proposed expansion gives the Canadian educational system a competitive advantage for attracting the best and brightest from around the world.”

To ensure appropriate controls, the pilot project will apply only to programs and institutions recognized or authorized by the provinces and territories to confer degrees. Provinces and territories interested in participating in the pilot project will need to negotiate memoranda of understanding with the private schools in their jurisdiction and monitor the implementation of the program.

After a series of successful provincial pilot projects at public institutions, Minister Solberg launched the Off-Campus Work Permit program nationally on April 27, 2006. Over 8,300 international students have already benefited from the initiative. Prior to the introduction of this program, these students were restricted to holding jobs on the campus of the educational institution at which they were studying.

“We want to help more international students get the Canadian work experience they need to adjust to life in Canada, particularly if they wish to stay. These students will be part of a significant labour pool from which regions facing labour shortages could draw. This is a win-win measure – helping students and helping the community,” concluded the Minister.

Security screening for visitors and newcomers to Canada

2007-01-15T12:50:00.001-08:00

Every visitor, immigrant and refugee must be carefully screened before coming to Canada. This screening is an essential part of the Government of Canada’s commitment to keeping Canada safe and secure. Citizenship and Immigration Canada works closely with the Canada Border Services Agency, the Royal Canadian Mounted Police and the Canadian Security Intelligence Service to carry out the screening process.

Canada’s visa officers abroad are our first line of defence. They are specially trained to identify people who could pose a security risk, and they send anyone suspicious for further security checks. Canada also has special officers stationed abroad to help airlines screen people coming to Canada. In the past five years, these officers have caught more than 30,000 people attempting to travel without the proper documents. Since 9/11, Canada has also increased security screening at the border.

The safety of Canadians is our number one priority. Security screening is an important part of the overall assessment of whether a person is admissible to Canada. This assessment ensures that anyone who wants to come to Canada :

does not have a criminal record;
does not pose a risk to Canada’s security;
is in good health and does not pose a public health risk
(a medical examination may be required);
has not violated human or international rights;
has a valid passport or travel document; and
has not violated the Immigration and Refugee Protection Act.
People who want to come to Canada as visitors must also show that they can support themselves and their families while in Canada and that they will leave the country at the end of their stay

Expiry Date on Canadian Citizenship

2007-01-15T12:49:00.001-08:00

The requirement that certain Canadians born abroad take steps to confirm their Canadian citizenship has existed in some form since Canadian citizenship was first granted in 1947. It is meant to ensure that people who wish to remain citizens retain links to Canada.

Since 1977, the law requires that some Canadians born abroad (only those who are part of the second and subsequent generations born outside of Canada) take action prior to their 28th birthday to confirm their Canadian citizenship. If they do not, under section 8 of the Citizenship Act, they automatically cease to be citizens.

The first time such persons could lose their citizenship under the Citizenship Act was on February 15, 2005, that is, 28 years after the Act was implemented.

It is not true that this 30 year old law is only now being enforced. The requirement does not apply to every Canadian born abroad. It only applies to those who are part of the second and subsequent generations born outside of Canada. Section 8 of the 1977 Citizenship Act states:

Certain Canadian citizens who were born outside Canada on or after February 15, 1977, to a parent who was also born outside Canada to a Canadian parent automatically cease to be citizens on their 28th birthday, unless they take formal steps to retain Canadian citizenship.

A somewhat similar but not identical requirement existed between 1947 and 1977.

Persons who apply for a citizenship certificate and who are subject to the retention requirement receive a letter advising the holder that steps must be taken before their 28th birthday in order to retain Canadian citizenship.

Effective January 1, 2007, as an additional reminder for these citizens to retain their citizenship, and in response to recommendations from the House of Commons Standing Committee on Citizenship and Immigration and stakeholders, certificates for these Canadians now include a date by which they must act to remain Canadians. Citizenship and Immigration Canada is taking steps to remind people of this requirement, and will continue to do so.

People who ceased to be Canadian citizens when they were adults can apply to resume Canadian citizenship. For more information about resumption, please see Resumption of Canadian Citizenship.

IMMIGRATION MINISTER ANNOUNCES SIGNIFICANT INVESTMENT IN FIXING CANADA’S IMMIGRATION SYSTEM

2007-01-15T12:47:00.000-08:00

OTTAWA, November 24, 2005 — The Honourable Joe Volpe, Minister of Citizenship and Immigration, today announced the Government of Canada will invest an additional $700 million over five years to make important improvements to the federal immigration system. 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.

“Today’s announcement is an important step toward fixing and improving the immigration system,” said Minister Volpe. “By beginning to reduce the number of outstanding applications and moving to actively recruit those who best meet Canada’s labour market needs—such as temporary foreign workers and international students already in Canada—we will build on the improvements already under way to Canada’s immigration system.”

The new in-Canada stream is intended for applicants with experience in Canada’s labour market or educational institutions. These immigrants are well positioned to integrate quickly and successfully into Canadian society and the economy, and this new stream will eventually be an important tool in promoting Canada as a destination of choice for immigrants. In ensuring that people with significant labour market or educational experience can make a smooth transition to permanent resident status, we will help build a more responsive and proactive immigration system.

“Today’s announcement builds on the major investments already made to help newcomers integrate more quickly into their local labour market and new communities,” said Minister Volpe. “These investments include $398 million announced in the 2005 budget to improve settlement services and to launch the Going to Canada portal; funding for the Internationally Trained Workers Initiative; and a $1.3 billion investment in settlement programs announced in the fiscal economic update of November 14, 2005.”

The $920 million Canada-Ontario agreement announced earlier this week is funded through the fiscal framework and forms part of the $1.3 billion announced by Minister Goodale.

This announcement reflects the key priorities identified by federal, provincial and territorial ministers on November 4, 2005. For further information, visit the CIC Web site at www.cic.gc.ca.

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U.S. considers fence across Canada border

2007-01-15T12:45:00.000-08:00

Add the spectre of security walls rising along "the world's longest undefended border" to a federal election campaign already being driven by debate about Canada's relations with the United States.

The U.S. House of Representatives voted late Thursday to consider erecting "physical barriers" along the American border with Canada, the firmest step yet toward building the kinds of fences now in place on the Mexican frontier to stop the northward flow of illegal aliens and smuggled goods.

The directive to the U.S. Department of Homeland Security was passed by a strong majority of the House and contained in an amendment to a controversial immigration bill working its way through Congress.

The motion cleared the way for about 1,100 kilometres of new fencing along the U.S.-Mexico border in Texas, New Mexico, Arizona and California, but also urged the agency to "conduct a study on the use of physical barriers along the northern border."

Clashes between Prime Minister Paul Martin and U.S. Ambassador David Wilkins over climate change, handguns and softwood lumber -- prompting Martin's stump-speech pledge not to be "dictated to" by the U.S. -- have soured U.S.-Canada relations and prompted opposition claims the Liberals are recklessly provoking conflicts to win votes.

On Friday, a spokesperson for Deputy Prime Minister Anne McLellan, who is responsible for handling cross-border security issues in the federal cabinet, said barriers have not been part of Canada's security strategy and have not been raised in bilateral discussions with the U.S.

"Given the size of the border, you're not going to have a wall all along the border," said Alex Swann, noting that "static" defences are widely viewed as less effective than risk-reduction measures such as identity cards.

"You never rule out anything in the security game," he added, but "it's not a priority for us."

Sponsored by Rep. Duncan Hunter, a California Republican who has long championed fences and walls to halt illegal crossings in the southwestern U.S., the plan to shore up America's borders passed by a vote of 260-159 on Thursday but was strongly denounced by some Democrats as a "Berlin Wall" for North America.

"America with walls between Canada and Mexico is not an America that reaches out for people to come here legally," argued Rep. Sam Farr, a California Democrat.

Farr's press secretary, Jessica Schafer, told CanWest News Service on Friday the congressman will keep fighting to have the fence provisions stripped from the final legislation.

"This would be a massive change in how the borders with Canada and Mexico operate," she said. "Canada is supposed to be our friend. Why in the world would we do this?"

Rep. James Sensenbrenner of Wisconsin, one of the strongest proponents of the immigration bill and a backer of the Hunter amendment, said during

Thursday's debate: "Our nation has lost control of its borders, which has resulted in a sharp increase in illegal immigration and has left us vulnerable to infiltration by terrorists and criminals."

Canada Welcomes New Minister of Citizenship and Immigration

2007-01-05T20:03:00.000-08:00

As Prime Minister Stephen Harper shuffles his cabinet, it has been announced that the Honourable Diane Finley will become the new Minister of Citizenship and Immigration. The Honourable Monte Solberg will be moving on to become Minister of Human Resources and Social Development.

Ms. Finley was first elected to parliament in 2004, representing the rural Ontario riding of Haldimand-Norfolk. Since February 2006 she had been serving as Minister of Human Resources and Social Development (HRSDC). Prior to her Conservative Party of Canada forming the government in early 2006, Ms. Finley acted as the Official Opposition Critic for Agriculture and Agri-Food.

Mr. Solberg leaves the Ministry of Citizenship and Immigration after 10 months on the job. In his new position at HRSDC, he will be working closely with Ms. Finley in co-ordination of policy and programs.

The prior experience earned by Ms. Finley at HRSDC should serve her well in her new post. The knowledge of human resource needs in the Canadian economy should assist her in ensuring that immigrants to Canada are met with jobs and training. The experience will also prove useful in working with other government departments to provide services for immigrants. Ms. Finley holds an MBA from the University of Western Ontario, working in both the public and private sectors before entering politics.

http://www.dianefinley.ca/

MPs Speak Out for Dual Citizenship

2007-01-05T20:00:00.001-08:00

Several Canadian Members of Parliament (MP) have spoken up recently in defence of dual citizenship. Their comments came in response to recent calls for the newly elected leader of the Liberal Party of Canada Stephane Dion.

Dion was born in Canada but retains dual Canadian and French citizenship, the latter obtained at birth through his mother. Since taking the helm of his party, some parliamentarians from opposing parties have suggested that holding dual citizenship implies divided loyalties inappropriate in his position. It also takes place as Citizenship and Immigration Canada undertakes a review of Canada's practices of recognition of dual citizenship.

Several of Mr. Dion's colleagues in Ottawa hold dual citizenships, particularly amongst the 41 MPs born outside of Canada. Toronto MP Jim Karygiannis, who also holds Greek citizenship, said he is not planning to give up his Greek passport, saying "my constituents don't want me to do that. I'm very proud of my roots." Likewise, Vancouver MP Ujal Dosanjh, who immigrated to Canada from India but does not hold Indian citizenship, defended dual citizenships as an asset for Canadians do embrace global opportunities. "We have an increasingly mobile world, and you can't contend with these new realities by building walls," said Dosanjh.

Since 1977, when the last restrictions were removed, acquiring Canadian citizenship has not required an individual to cut ties with their country of origin; nor has taking on the passport of another nation required an existing Canadian citizen to relinquish their Canadian passport. Over 500,000 Canadians living in Canada currently hold more than one passport, along with many Canadians living overseas.

Source: CanWest News Service

Ontario MP Wajid Khan leaves Liberals to join Tories

2007-01-05T19:51:00.000-08:00

Ontario MP Wajid Khan is leaving the Liberals to join the Tories, Prime Minister Stephen Harper announced on Friday.

"I am proud to announce today that Wajid Khan, the member of Parliament for Mississauga-Streetsville, is joining our Conservative caucus," Harper told a news conference on Friday, with Khan at his side.

"I believe that this gesture made by Mr. Khan is a positive message for all Canadians — new Canadians as well as Canadians who have been here for a long time: In our party, there is room for all Canadians," he said.

Khan, formerly a pilot in the Pakistani military, told reporters that while "politics makes strange bedfellows … nothing about my decision to join the Conservative caucus feels strange to me.

"The best leader for Canada is the man who now has the job, Mr. Harper," he said.

As a Liberal MP, Khan has served Harper since August as a consultant on the Middle East and Afghanistan.

Liberal Leader Stéphane Dion had reportedly told Khan to choose his political loyalties, saying it was "bizarre" that a Liberal MP could serve as a consultant to the Conservative prime minister.

Dion posted a statement on the Liberal party website after the defection that expressed "regret" at receiving word of Khan's decision.

"I was never comfortable with Mr. Khan serving as an advisor to a Conservative Prime Minister, as Mr. Khan has done since August of last year," Dion's statement said.

Defection shifts balance of power in Parliament

Khan's move across the floor gives the Tories 125 seats, leaving the Liberals with 101. The minority government will now need the support of 29 opposition MPs — the same number the NDP has — to pass legislation in the 308-seat Parliament.

Khan said he had called Dion to inform him of the decision and said he has received support for his decision from the president and members of his riding association.

In an interview with the CBC following the defection, riding association president Khalid Sagheer said Khan "is my friend, I support him and I will continue to support him."

Asked whether backing Khan would mean switching party memberships himself, Sagheer said "that decision will come in due course."

"I agree with him and my own personal opinion is that the Liberal party has been taking us for granted — immigrants that have worked and supported the party so much, it's been so far only a one-way street," Sagheer said.

Khan offered services to Harper in August

Harper said Dion had pushed Khan to make the decision.

Khan "wasn't asking the Conservative Party [to join], but in the end the choice was made by Mr. Dion," Harper said. "Mr. Dion said Mr. Khan … couldn't be a true Liberal and participate positively in the government of Canada."

"When I'm given a choice … between a political party and my country, I will always choose Canada and that's why I chose the Conservative government," said Khan.

Earlier on Friday, Dion told CBC News that he was confident Khan was a loyal Liberal and that there was "no indication" a defection was coming.

Harper said "the first phase" occurred when Khan first approached him in August to collaborate with the government on Mideast issues, after police foiled an alleged Toronto bomb plot and arrested 17 Muslim suspects.

"He contacted me directly and offered to help in any way he could," Harper said. "The more we worked together, the more both of us began to realize that politically, we have an awful lot in common."

Fellow Liberals questioned allegiances

Fellow Liberal MPs at the time questioned how Khan would balance his allegiance to the party with his new role as an adviser to the prime minister, but Khan noted that he had sought approval from then Liberal leader Bill Graham to take on the job.

During his time as an adviser to the government, Khan said he felt the Liberal party seemed to be out of step with his ideas for foreign policy and family values.

Khan, 60, immigrated to Canada in 1974, emerging in Toronto as a successful businessman and a prominent voice for the Pakistani and Muslim communities. He left the Liberal caucus on Aug. 11, though he continued to sit as a Liberal.

Harper shuffled his cabinet on Thursday, moving several key ministers into new roles, and expanding the number of MPs in cabinet.

In the 2006 federal election, Khan defeated Conservative candidate Raminder Gill by 5,792 votes, taking 46 per cent of the vote.

http://www.wajidkhan.ca/

Source: CBC News

New Leader of the Official Opposition Stéphane Dion Stresses Importance of Immigration for Canadian Economy

2006-12-27T10:35:00.000-08:00

Speaking with members of the Chinese community in Markham, just outside of Toronto, newly elected leader of the Liberal Party of Canada Stephane Dion discussed his plans to keep Canada competitive in the global economy. Mr. Dion highlighted immigration as a crucial element, helping to address Canada's labour shortage.

The speech at a meeting of the Federation of Chinese Canadians is part of a tour by Dion to raise his profile following his recent election as the leader of the Liberal party. A good deal of the speech dealt with a vision of a sustainable Canadian economy. Mr. Dion argued that sustainability applied not just to the environmental impact but also to the labour force. "In 2010, 100 per cent of the manpower growth in Canada will come from immigration, many from Asia" said Dion. With such an important role to play in growth Dion argued that we must do more to facilitate immigration, settlement and adjustment.

Dion paid particular attention in his speech to improving the recognition of foreign credentials. He argued that the failure to do so slows growth by limiting the ways that foreign-trained individuals may contribute to the economy. The Liberal leader also suggested that "there are a lot of things we can do" for the government to make newcomers more aware of available jobs.

With parliament on recess for the holidays, the Liberal party is gearing up for a likely election in the upcoming year. Earlier in the day, Dion made announcements of key members of the team that will direct the party's next election campaign. Mr. Dion was chosen as leader at the Liberal Party's convention in early December.

Source: YorkRegion.com

Canada’s New Government to Extend Off-Campus Work Program to More International Students

2006-12-27T10:28:00.000-08:00

Becoming Canadian: From Immigrant to Citizen

2006-12-26T20:31:00.000-08:00

Every year, more than a quarter of a million people enter Canada as immigrants. They have chosen this country as a land of opportunity or they are escaping poverty, oppression or war.

Many have struggled to get here and may have come with nothing but the clothes on their back. Others are well established in their home countries. But they all experience the immigration process.

One out of six Canadians was born outside of the country. Canada is home to about five million immigrants. Immigration has touched most of us in one form or another.

Immigrants and refugees face many challenges in this country - everything from getting a job to figuring out how to open a bank account.

Would you have what it takes to navigate the system and become a citizen of Canada? This website will help you find out.

Applying to become an immigrant:
http://www.cic.gc.ca/english/applications/index.html