Thursday, May 19, 2011

Don’t miss date JUN 24 2011. New Immigration law for Canada

New Immigration Rules in Canada 2011.
Best Way is go to official website to get all detail.
http://www.cic.gc.ca/english/index.asp

Over the period of time, the complexity of Canadian immigration has attracted Canadian immigration lawyers to develop practice in the area of Canadian immigration law. Primarily, Canadian immigration lawyers assisted families in Canada to sponsor their family members abroad, assisted Canadian businessmen to recruit foreign workers and also represented those people who were subject to deportation order from Canada.

The Canadian immigration department has developed very systematic immigration criteria to recruit economic class immigrants, who includes skilled worker, and business class immigrants in to Canada. The present Canadian Immigration and Citizenship department, also known as CIC Canada, is the most important department of the Canadian government. In order to apply for Canadian immigration, the applicant is required to make the application using the prescribed immigration application forms. The Canadian Citizenship and Immigration Canada also maintains statistics of the number of immigrants entering Canada, number of applications approved, the kind of people entering Canada and such other data.

Canada government has introduced new employer rules, for the temporary foreign workers, come into being from 1st April 2011.These new rules have its applicability to both labor market and exempt work permits. These changes will provide government with greater power to keep a watch on temporary foreign workers and their employers. Fail to comply with the changes leads to serious penalties on part of guilty employer.

The new rules will increase compliance in the foreign worker system, irrespective of which government department approves the Temporary Worker Application; the new rules apply to Citizenship and Immigration Canada, Canada Border Services Agency and Human Resources and Social Development Canada. Any one of these three ministries must judge the merits of a foreign worker before giving grant to the individual, right to work in Canada.

Why these changes are required.

The government affirms that through these amendments, through it they aim to reduce Temporary Foreign Worker exploitation by employers and agents. Through it they could protect them. It will also help to increase employer's accountability including denial of service and to encourage adherence to terms and conditions. To highlight the fact that work permits are meant to be for temporary purpose only.

New Rules:

• Now there is a requirement to show that offer of employment is genuine and the attendant needs to prove current and previous compliance with foreign workers on staff.

• Any difference from such conformity is questionable and justification is expected on legal grounds.

•However, I appropriate justification is not provided, serious consequences can include a two year ban from hiring any foreign workers. It will put them on “Black list”, which may land them with a negative reputation.

•As now only four year limit on the length of the work term will be provided in Canada, which would be followed by a four year exclusion from obtaining another Work Permit. Employers will now have to plan ahead, and consider whether they can reallocate the foreign workers or not.

The government promises to enforce Canada's foreign worker laws through the new compliance regime. It has been missing from the Temporary Foreign Worker program in the past. It would bring Canada in line with worldwide trends towards compliance with immigration laws. Now it is to be found that the whether the Regulations have gone too far.

Like any other country, Canadian Immigration policy is divided in two parts:
A. Temporary entry into Canada:
1. Visitor visa; (Tourist visa)
2. Student Authorization; ( Student visa)
3. Employment authorization; (Work permit)
4. Live-in-Caregiver;
5. Fiancee or Fiancé; (While in Canada )
6. Humanitarian & Compensate ground; (While in Canada)
B. Permanent Immigration to Canada:
1. Independent Class or professional class or skilled worker class;
[Occupation under which application for immigration to Canada can be made as of 26.06.2010]
If you are not on this occupation you have following options to apply for immigration of Canada:
(i) If you have 2 years of experience of working in Canada in last 3 years you can apply for immigration of Canada under Canadian Experience class;
(ii) If you have studied in Canada for 2 years and have one year work experience you can apply for immigration of Canada under Canadian Experience class;
(iii)If you are ready to learn French language you can apply under Quebec skilled worker class.
(iv) If you are on H1B visa in USA you can apply under Alberta Skilled worker program.
(v) If you have company to sponsor you in Canada, you can apply with confirmed job offer.
2. Business Class;
3. Self - employed class;
4. Family sponsorship;
Last year’s they change new roles for Skill workers
it was also released the list of occupations on demand (retroactive to JUN 26, 2010): There are now 29 high-demand occupations (health, skilled trades, and finance and resource extraction).
In order to qualify within the federal skilled worker class, an applicant must have at least one of the following (in addition to all the other requirements of the skilled worker class):

1. An offer of arranged employment in Canada, or

2. One year of employment or student experience in Canada, or

3. You must have experience in one of the following categories (NOC reference included):

The 29 occupations for the Federal Skilled category are:

0631 Restaurant and Food Service Managers
0811 Primary Production Managers (Except Agriculture)
1122 Professional Occupations in Business Services to Management
1233 Insurance Adjusters and Claims Examiners
2121 Biologists and Related Scientists
2151 Architects
3111 Specialist Physicians
3112 General Practitioners and Family Physicians
3113 Dentists
3131 Pharmacists
3142 Physiotherapists
3152 Registered Nurses
3215 Medical Radiation Technologists
3222 Dental Hygienists & Dental Therapists
3233 Licensed Practical Nurses
4151 Psychologists
4152 Social Workers
6241 Chefs
6242 Cooks
7215 Contractors and Supervisors, Carpentry Trades
7216 Contractors and Supervisors, Mechanic Trades
7241 Electricians (Except Industrial & Power System)
7242 Industrial Electricians
7251 Plumbers
7265 Welders & Related Machine Operators
7312 Heavy-Duty Equipment Mechanics
7371 Crane Operators
7372 Drillers & Blasters - Surface Mining, Quarrying & Construction
8222 Supervisors, Oil and Gas Drilling and Service

If you applied before JUN 26, 2010, your application will be processed according to the rules in place at that time.

If you are interested to move cande, open Canada Website. at dat JUN24,2011.

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