Changes to the BC PNP Business Programs

The provincial government is taking steps to further encourage business immigrants to invest in communities in regional B.C. through the BC Provincial Nominee Program.

This is one of a series of steps as part of a commitment in ‘Canada Starts Here - The BC Jobs Plan’ to attract more entrepreneurs from other countries to help create jobs regionally.

The BC Provincial Nominee Program (BC PNP) provides accelerated permanent resident status to entrepreneurs and qualified workers based on labour market and economic development priorities.

Among the changes, a new online investment matching service will link potential business immigrants to business opportunities in regions, with a focus on small business succession, an area of concern identified by the small business sector. In some cases, small business owners in smaller rural communities are facing challenges in finding people to buy their companies when they are ready to retire. The service is scheduled to launch in November.

Other steps being taken to promote investment and meet labour market demand include:

•  More aggressively marketing the BC PNP and regional business opportunities to prospective business immigrants internationally with a strong focus on Latin America, Eastern Europe, Russia and India.
•  Amending program requirements to allow BC PNP business immigrants, who locate in regional communities and invest in existing businesses, to meet their employment commitments by maintaining existing jobs. This change is effective Oct. 14.
•  Making the Entry Level and Semi-Skilled pilot category of the BC PNP a permanent program category to help meet the needs of employers in key sectors such as tourism. This change is effective immediately
•  Reducing the minimum size for eligible employers located outside of the GVRD from five employees to three. This change is effective Oct. 14.

For 2011, B.C. was given a maximum of 3,500 nominations by the federal government. The Ministry of Jobs, Tourism and Innovation is negotiating with the federal government to increase B.C. nominations for 2012.

Since the inception of the program in 2001, more than 14,000 entrepreneurs, and skilled and semi-skilled workers have been attracted to the province through the BC PNP.

A recent, independent study shows that the 203 business nominees who immigrated to B.C. from 2005 to mid-2010 under the BC PNP invested over $423 million into the provincial economy and created over 1,100 jobs.

Larlee Rosenberg Sponsors VBOT/Minister Kenney Event

Speaker(s)

The Honourable Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism

Tue Jul 19, 2011 11:45 AM -
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The Hon. Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism

Canada is one of the most ethnically, culturally and religiously diverse countries in the world and is thus a desirable place for immigrants, especially business immigrants, from all around the world.
One million more people are expected to come to Vancouver by 2030. How does the Government of Canada anticipate this regional growth will affect housing and the ability for newcomers and established Canadian workers to find jobs?
Join The Vancouver Board of Trade to hear The Honourable Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, speak to Canada’s immigration policy, his objectives and how immigration contributes to a strong country.
REGISTER NOW >>

Time:	Registration: 11:45 a.m. Lunch & Program: 12:15 – 2 p.m.
Location:	Vancouver Marriott Pinnacle - Pinnacle Ballroom 1128 Hastings Street West
Tickets:	Members:
	Individuals:	$79 + HST
	Table of 8	$758 + HST
	Future Members:
	Individuals:	$110 + HST
	Table of 8	$1056 + HST

Sponsored by:

Acciona Infrastructures Canada Inc.

Supporting Sponsor:

Larlee Rosenberg, Barristers & Solicitors, http://www.larlee.com/

Death of A Regulator: The Collapse of the Canadian Society of Immigration Consultants

News Release from CIC: Commentary to Follow....




New regulator proposed for immigration consultants announced


Vancouver, March 18, 2011 — In order to improve the integrity of the immigration system, Dr. Alice Wong, Parliamentary Secretary for Multiculturalism, on behalf of Citizenship, Immigration and Multiculturalism Minister Jason Kenney, today announced that a new regulatory body is being proposed to oversee immigration consultants.

“The Immigration Consultants of Canada Regulatory Council – or ICCRC – has committed to enhancing the protection of the Canadian public and those who use the services of immigration consultants,” said Dr. Wong. “I am confident that, with the ICCRC’s strong regulation of immigration consultants, people using our immigration processes will be offered quality consultation, representation and advice.”

A notice has been published on the website of the Canada Gazette, Part I, proposing to amend the Immigration and Refugee Protection Regulations so that the ICCRC becomes the regulator of immigration consultants. The official Gazette publication will be available on March 19, 2011.

The proposed amendments are open for public comment for a 30-day period. The current intention is that the final regulations would be published in the Canada Gazette, Part II, and would come into effect.

This proposed regulatory amendment is the culmination of a process that began in June 2010 when Citizenship and Immigration Canada (CIC) announced its intention to launch a transparent public selection process to identify a body that could be recognized as the regulator of immigration consultants.

Immigration consultants are currently regulated by the Canadian Society of Immigration Consultants (CSIC). Reports by the Standing Committee on Citizenship and Immigration in 2008 and 2009 pointed to governance issues and a lack of public confidence in CSIC. Based on the Standing Committee’s reports, CIC decided to launch this public process.

“I anticipate that the Immigration Consultants of Canada Regulatory Council will not only help ensure public confidence in the integrity of the immigration program, but also that immigration consultants provide their services in a professional and ethical manner,” said Minister Kenney.

A selection committee was established to examine all submissions received following a public process requesting submissions from parties interested in being the regulator of immigration consultants. The committee reported its conclusions to the Minister of Citizenship, Immigration and Multiculturalism. Based on these conclusions, the ICCRC is being proposed as the regulator best placed to govern immigration consultants.

In its submission, the ICCRC committed to a variety of activities to foster a culture of transparency and openness and to protect the Canadian public and those using the services of an immigration consultant, while building a strong relationship with its members. It has also proposed innovative strategies to ensure accountability and transparency to its membership, including a hotline for members of Parliament for complaints and questions and a public awareness campaign.

Transitional measures would be put in place to ensure continuity of service for both existing members in good standing of CSIC and their clients during the transition to the ICCRC. This process could take a few months to complete and it is anticipated that the ICCRC could become the regulatory body this summer.

This process is part of a broader strategy to protect from immigration fraud people wanting to immigrate to or stay in Canada. Included in this strategy is Bill C-35, which aims to crack down on crooked consultants. As well, a multilingual domestic advertising campaign warning prospective immigrants, permanent residents and Canadian citizens not to be taken in by crooked immigration consultants was launched in February and an overseas advertising campaign, with the support of Australia, New Zealand, the United Kingdom and the United States—members of the Five Country Conference—was launched earlier this week. They can be viewed on YouTube.

Ryan Rosenberg Testifies in Ottawa at the Request of the Senate

I just returned from a very quick trip to Ottawa where I testified as a witness at a meeting of the Senate Committee on Social Affairs,Science and Technology. The subject matter of the day was Bill 35, an act previously known as the Cracking Down on Crooked Consultants Act. It was a tremendous honour and fantastic experience.

The entire meeting is available on Parlvu and you can watch it from the web archive, here:

Ryan Rosenberg at the Senate

Keeping Permanent Resident Status: Humanitarian and Compassionate Grounds

A permanent resident of Canada will satisfy the residency obligation if they are physically present in Canada, residing outside of Canada with a Canadian spouse (or in the case of a child, their parent) or if have a qualifying employment relationship with a a qualifying Canadian employer outside of Canada for 730 days in a five-year period. But if a permanent resident cannot meet these requirements, that person will have a final opportunity to maintain status on humanitarian and compassionate grounds. If an applicant falls short or doesn’t even come close to the 730 day requirement, an Officer must consider humanitarian and compassionate considerations relating to the permanent resident, taking into account the best interests of a child directly affected by the officer’s decision. These considerations must justify the permanent resident keeping their status even though they have failed to meet the residency obligation.

There is no definitive list of what types of factors an officer will consider. Each case is judged on its own merit, making it very difficult to predict when an applicant will be successful in an application based on humanitarian and compassionate grounds and when they will fail. Some of the factors which may be important include family medical situations overseas which have kept a permanent resident out of Canada (sick children or elderly parents, for example), custody battles or family breakdown outside of Canada, schooling or even mandatory military service. The options are endless.

In fact, section 28(2)(c) of IRPA clearly provides that an officer cannot make a determination of a loss of permanent residency based on a failure to meet the residency obligation without making an assessment of humanitarian and compassionate (“H&C”) factors. 

The appropriate H&C factors to be considered in a removal order appeal to the IAD have been adequately set out in Ribic[1], adopted by the Supreme Court of Canada in Chieu[2] and have been consistently modified  by the Board to suit the specific issues relevant to Residency Obligation Appeals.[3] These factors have also been supplemented by factors set out in Citizenship and Immigration Canada’s operational manuals. The factors are exhaustive and from all of these sources include but are not limited to:

1. initial and continuing establishment in Canada;
2. length of time spent in Canada;
3. reasons for departure from Canada;
4. circumstances surrounding the breach;
5. medical conditions in relation to a close family member and could arrangements be made or was it by choice that the appellant remained outside of Canada;
6. degree of control the applicant had over his circumstances;
7. any factors preventing a return to Canada;
8. extent of non-compliance with the obligation;
9. reasons for continued or lengthy stay abroad;
10. ties to Canada;
11. whether reasonable attempts were made to return to Canada at the earliest opportunity;
12. best interests of children affected by a negative determination;
13. family in Canada and impact on that family caused by loss of status;
14. personal hardship stemming from loss of status;
15. future intentions in relation to residing in Canada;
16. whether the appellant can be sponsored by a spouse or child;
17. other unique or special circumstances; and
18. status in other countries.

These factors, as applicable, ought to be put an examining officer in detail as the onus is on a permanent resident to convince an officer that they are deserving of an exemption.

---

[1] IAB T84-9623

[2]  [2002] 1 S.C.R. 84, 2002 SCC 3

[3] See for example, Kuan v. Canada [2003] IADD No. 638, Wong v. Canada [2003] IADD No. 824, Lei v. Canada [2006] IADD No. 75.

Permanent Resident Status: What it is and how it is lost

A permanent resident is a person who has acquired permanent resident status and has not subsequently lost their status under section 46 of the Act[1]. The acquisition of this status is achieved by a foreign national when an application for status is approved[2] following which, if that person is issued a permanent resident visa and has come to Canada in order to establish permanent residence[3] and an officer determines that the person is not inadmissible under the Act, status is achieved.[4]

Once a person becomes a permanent resident that person has the right to enter and remain in Canada, subject to the provisions of IRPA,[5] including any conditions impose under the Regulations.[6] For the purposes of this paper, the most relevant conditions imposed on a permanent resident are found in s.28 of the Act, which provides as follows:

“28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.

Application

(2) The following provisions govern the residency obligation under subsection (1):

(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

(i) physically present in Canada,

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

(v) referred to in regulations providing for other means of compliance;

(b) it is sufficient for a permanent resident to demonstrate at examination

(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and

(c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.”[7]

As a means of providing a permanent resident evidence of that status, CIC is obligated to provide a permanent resident with a document indicating status, that is, a permanent resident card[8]. Section 31 of the Act not only provides that a permanent resident “shall be provided with a document indicating their status,”[9] but also establishes a rebuttable  presumption that a person who is outside of Canada with out a document indicating status does not have permanent resident status.[10] So, despite the law that a permanent resident remains a permanent resident until status is lost, if a permanent resident outside of Canada has status but does not have a permanent resident card, that person, although a permanent resident is tasked with the onus of proving that status, by way of an application for a travel document under s.31(3) of the Act, if they wish to have that status confirmed while outside of Canada, which for reasons set out later in this paper, may not always be in a permanent resident’s best interests. Briefly though, an application for a travel document necessarily requires an officer to examine whether a permanent resident is compliant with s.28, and if not, the process by which a permanent resident loses status under s.46 may be triggered.

Section 46 of the Act provides that a permanent resident loses permanent resident status upon the occurrence of one of four events, or triggers:

1.      acquisition of Canadian citizenship;[11]

2.      a final determination made outside of Canada that the permanent resident failed to comply with s.28 (that is, a refused travel document application under s.31);[12]

3.      when a removal order made against them comes into force;[13] or

4.      upon a final determination under s.109 or s.114 to vacate a decision to allow for refugee protection or protection, respectively.

The first and fourth loss of status triggers are beyond the scope of this paper. Respecting the second trigger, although a determination can be made outside of Canada that a permanent resident has failed to comply with the residency obligation, permanent residents have the right to appeal that decision[14] and as such, a “final determination” will not have occurred until the sooner of a permanent resident status filing an appeal to the Immigration Appeal Division (“IAD”) and ultimately losing that appeal or if a permanent resident does not file an appeal within the stated limitation period.

The limitation period for filing an appeal of a decision made outside of Canada that a permanent resident failed to comply with the residency obligation is 60 days, pursuant to s.9(3) of the Immigration Appeal Division Rules (SOR/2002-230) (the “Rules”). The Rules also provide that the appeal must be filed at the IAD division responsible for the region in Canada where the appellant last resided. The Appellant is also obligated to state whether or not he/she wishes to return to Canada for their appeal when the appeal is filed. If an Appellant has been in Canada at least 1 day in the 365 days prior to filing an appeal, he/she will be issued a travel document to return to Canada for the appeal by the CIC office outside of Canada responsible for the decision to refuse a travel document application. If an Appellant has not been physically present at least 1 day in the 365 days prior to filing an appeal, the Appellant must make application to the IAD for an order that they physically appear at the hearing, pursuant to section 43 and 46 of the Rules. Whether or not an Appellant physically appears in Canada to attend their appeal at the IAD, that person will lose status upon final determination of the appeal, if the Appellant loses their appeal.

Similarly, if a permanent resident is found to be non-compliant with the residency obligation from within Canada, usually in the context of either a permanent resident card application[15] or an examination upon entry into Canada, that person will have the right to appeal the decision to the IAD. However, unlike with the second trigger, in this context, in the case of this third trigger, loss of status will occur upon a removal order becoming enforceable. Removal orders will typically be issued following an examination in Canada by an officer that a permanent resident is non-compliant with the Act for failing to meet the residency obligation.[16] An officer’s decision must be transmitted to the Minister (read: Minister’s Delgate) in a Report on Inadmissibility, pursuant to IRPA s.44(1), following which the Minister may issue a removal order[17], pursuant to section 44(2). As set out in s.49 of the act, such a removal becomes enforceable on the latest of:

1.      the removal order being made if there is no right to appeal[18];

2.      the day the appeal period expires if there is a right to appeal and no appeal is made[19]; and

3.      the date of the final determination of the appeal, if an appeal is made.[20]

It is also worth noting that in cases where a determination is made outside of Canada that a person failed to meet the residency obligation and that person subsequently files an appeal which they attend in Canada, if the person loses their appeal, the IAD will issue a departure order and loss of status will be governed by s.46(1)(c) and not 46(1)(b).

---

[1] IRPA, s.2

[2] IRPA, s.21

[3] IRPA, s.20(1)(a)

[4] IRPA, s.21

[5] IRPA, s.27(1)

[6] IRPA, s.27(2)

[7] IRPA, s.28

[8] IRPA, s.53 provides that for the purposes of s.31(1) the document indicating the status of a permanent resident is a permanent resident card. The card, like most government documentation, remains the property of Her Majesty in Right of Canada and must be returned upon request. Also worth noting, the permanent resident cards are issued valid for five years, except in cases, for example, where the permanent resident is under examination for non-compliance with the residency obligation or has filed an appeal to the IAD on that issue. A permanent resident card is revoked upon loss of status pursuant to s.46 or if the card is lost, stolen or destroyed, or if the permanent resident is deceased.

[9] IRPA, s.31(1)(a)

[10] IRPA, s.31(1), (2),(3)

[11] IRPA, s.46(1)(a)

[12] IRPA, s.46(1)(b)

[13] IRPA, s.46(1)(c)

[14] IRPA, s.63(4)

[15] Pursuant to IRPR, s.56, an application for a permanent resident card must include a comprehensive list of the applicant’s absences from Canada in the fiver year period immediately prior to filing the application.

[16] IRPA, s. 41

[17] As per section 229(2), the type of removal order issued against a permanent resident under section 44(2) is a departure order.

[18] IRPA, s.49(a). This typically does not to residency obligation appeals, but more commonly in matters where a determination that a permanent resident is inadmissible for reasons such as grounds related to security, violation of human or international rights, serious criminality or organized criminality.

[19] Pursuant to section 7 of the Rules, an appeal must be filed within 30 days of receipt of a removal order.

[20] An appeal would be filed pursuant to s.63(3) of IRPA and “final determination” is understood as the day a decision is rendered by the IAD.

Navigating the PR Card Extension Process

Post Grad Work Permit Program Expanded

Operational Bulletin 262 – January 31, 2011
Launch of a Pilot Program to Expand the Post-Graduation Work Permit Program for International Students Graduating from Designated Private Post-Secondary Institutions in British Columbia

Summary

Effective January 31, 2011, the Post-Graduation Work Permit Program (PGWPP) has been expanded to include international students who have completed career training programs of eight months or longer at select private educational institutions in British Columbia.

Issue

Under a two-year Pilot Program with British Columbia, the PGWPP has been expanded to include international students graduating from select British Columbia Education Quality Assurance (EQA)-designated private post-secondary institutions in programs of eight months or longer.


IMPORTANT: All work permits (WP) issued under this Pilot Program must be coded as indicated below (see Special Program Code under System Instructions) to support an effective evaluation of the Pilot.

New Pilot Parameters

This Pilot will be in effect between January 31, 2011, and January 31, 2013, inclusively and may be extended with a mutual agreement between the parties. These dates refer only to the period in which qualifying WPs can be issued and not to the duration of the WPs. The terms of the Pilot will apply only to qualifying foreign nationals who have graduated from eligible programs of study at select EQA-designated, private post-secondary institutions in the province of British Columbia (see list under Eligible Institutions).

Pilot Procedures

All of the general eligibility criteria, conditions of the WP and processing procedures for the PGWPP will continue to apply in conjunction with the following guidelines for the Pilot Program:

A) Eligible Participants

Applicants wishing to participate in this Pilot Program must meet the following additional criteria to qualify for a WP:

· Must have graduated from one of the EQA-designated private post-secondary institutions in the Province of British Columbia designated by the Province of British Columbia as eligible institutions for the purposes of this Pilot which are listed below “Eligible Institutions” during the validity period of the Pilot Program; and

· Must have completed a program of study that is at least eight months in length and received a degree, diploma or certificate upon completion. Furthermore, only career training programs will qualify for this pilot. General interest courses, or programs of study that consist primarily of English or French as Second Language instruction will not qualify.

B) Eligible Institutions

The following EQA-designated institutions have been named by the Province of British Columbia as eligible institutions under this Pilot Program:

· Degree-Granting Institutions: Alexander College; Columbia College; Fairleigh Dickinson University Vancouver; Quest University Canada; Sprott-Shaw Degree College; Trinity Western University; University Canada West; and

· Non-Degree Granting Institution: Arbutus College of Communication Arts, Business and Technology; Ashton College; Centre for Arts and Technology; Eton College; John Casablancas Institute of Applied Arts; Mountain Transport Institute Ltd.; MTI Community College; Pacific Institute of Culinary Arts; Sprott-Shaw Community College; Stenberg College; Vancouver Film School.

C) Post-Graduation Work Permit Issuance

· Consult section 5.24 of Overseas Processing (OP) 12 Manual – Students.

· Use labour market opinion (LMO) exemption code C-43 in conjunction with paragraph 205(c)(ii) of the Immigration and Refugee Protection Regulations in support of the “competitiveness of Canada’s academic institutions or economy.”

· Verify the eligibility of applicants pursuant to existing procedures to ensure that they meet the requirements of the pilot and the broader PGWPP.

· Issue an open or open/restricted (depending on medical examination requirements, if applicable) WP to eligible applicants.

D) System Instructions

Special Program Code: Officers are required to use the NEW Special Program Code “ISP” (the long description is International Student Pilot Program for B.C.) in FOSS, GCMS, CAIPS, or, for inland processing, in the drop-down menu in the CPC system under “Special Programs”, for applicants meeting the requirements of the Pilot. The use of this special program code is mandatory and it will be important for statistical research, evaluation and policy development purposes.

E) Validity and Duration

A WP issued under this Pilot, like any other issued under the PGWPP, may be valid up to a maximum of three years depending on the duration of the program of study. If the program of study is two years or more, the student may be eligible for a three-year WP. Should the program of study be less than two years but at least eight months, the student may be eligible for a WP lasting for a period equal to the duration of the studies. For example, if the student graduated from an eight-month certificate program, he or she may only be eligible for a WP of an eight-month duration.

F) Program Integrity Monitoring

To remain eligible to participate in this Pilot, an institution must continue to maintain its EQA designation and comply with the guidelines of the Pilot and the Immigration and Refugee Protection Act (IRPA) and its Regulations. In circumstances where an institution loses its EQA designation, the Province of British Columbia will notify Citizenship and Immigration Canada (CIC) and the graduates of the institution in question will no longer be eligible for the Post Graduation WP as of the day the institution loses its EQA status. However, in the interest of administrative fairness, all applications received by CIC before the date of the EQA revocation, will be processed accordingly.

Note: An institution may be removed from participating in this Pilot if that institution is found to be non-compliant with the Pilot’s guidelines and/or IRPA and its Regulations.

G) Program Evaluation

Ongoing monitoring and evaluation will be performed in partnership with the Province of British Columbia to determine the success of the Pilot Program.

H) Further Information

For additional information relating to the PGWPP, please refer to the CIC website at www.cic.gc.ca/english/study/work-postgrad.asp.

Promising Nothing: Immigration Numbers Trending Downwards

On November 1, 2010 Citizenship and Immigration Canada announced its annual immigration plan for 2011 and the accompanying news release tries to paint a rosy picture for people looking to immigrate to Canada. However, on closer examination, Canada’s commitment to 2011 immigration numbers is nothing more that the same old song and dance at best and regressive at worst.

In the 2011 plan suggest that Canada will accept between 240,000 and 265,000 new permanent residents, with 60% coming through economic streams (skilled workers, investors, provincial nominees, etc.) and 40% through other non-economic programs (family class, refugees, etc). This represents the same commitment since 2006 (for 2007), when the Conservative Party took office, and as our population grows, maintaining the same commitment level actually represents a decrease in the number of new immigrants as compared to our national population.

With a national population of approximately 34 million people, 240,000 - 265,000 new permanent residents in 2011 represents approximately 0.70% to 0.78% of our current population. In 2006, Statistics Canada estimated Canada’s population at approximately 30 million people and at that time 240,000-265,000 new immigrants represented approximately 0.80% to 0.88% of our then population. So in essence, our government’s commitment to immigration levels, although spun as maintenance of current levels, actually represents a steady and significant decrease as compared to our actual population.

By comparison, according to Statistics Canada, Canada’s current birth rate is approximately 1.1% (381,000 births) and our current death rate is approximately 0.72% (247,000 deaths). Based on this year’s immigration targets, immigrants will roughly compensate for our death rate, leaving our country with a nominal population increase trajectory. As our current population ages we have to wonder whether we will have sufficient numbers to meet future labour market needs and how we will satisfy these needs if not through, in part, immigration.

BC/Fed Agreement:Temporary Foreign Worker Annex

One of the highlights of the Federal/Provincial Agreement on immigration entered into by the Federal Government of Canada and the Province of British Columbia is an annex dealing with temporary foreign workers. The Province recently released a fact sheet to BC lawyers outlining some of the details. While details are scarce for the time being, there is much hope for optimism. Here is a copy of the fact sheet:

FACT SHEET

Temporary Foreign Worker Annex

 What is the Temporary Foreign Worker (TFW) Program?

The TFW Program is designed to fill short-term labour needs in the Canadian labour market, and is administered jointly by Human Resources and Skills Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC).  The TFW Program allows employers to hire Temporary Foreign Workers (TFWs) when vacant positions cannot be filled by the Canadian labour force.  Employers are permitted to hire TFWs for up to two years under the TFW Program (when approved).

In instances where an exemption is not in place, employers must apply to HRSDC for a Labour Market Opinion (LMO). Either a positive or neutral LMO is required from HRSDC/Service Canada in order for an employer to bring in a TFW.


What is the Temporary Foreign Worker Annex?  How does it Work?

The Canada-British Columbia Immigration Agreement (the “Agreement”) was signed in April 2010.  The Agreement includes a series of Annexes to further define the provincial roles and responsibilities in applicable policy/program areas.  Given the growth in demand for TFWs in British Columbia since 2002, an Annex on TFWs (Annex F) is included in the Agreement.

The TFW Annex identifies areas of cooperation between Canada and British Columbia to support the operation of the TFW Program and British Columbia-specific TFW issues in general, including four key pilot projects:

a.      Eliminate the need for employers to apply to HRSDC for a LMO in occupations that have experienced prolonged labour shortage and require workers on an ongoing basis.

b.      Allow employers to submit a LMO whereby a foreign worker can be employed by more than one employer, within the same occupation, while satisfying the requirements of HRSDC and CIC.

c.       Allow a foreign worker to complete the provisional licensing requirements while working and gaining experience in British Columbia.

d.      Expand eligibility for open work permits to eligible spouses and working-aged dependents (aged 18-22) of TFWs.

Under the Annex, British Columbia is expected to work collaboratively with both CIC and HRSDC, to implement the pilots described above.  Because the TFW Program touches upon the work of various agencies and Ministries, both federally and provincially, there is a standing TFW Working Group made up of representatives from CIC, HRSDC, Service Canada, Regional Economic and Skills Development (RESD), Employment Standards Branch (ESB), Canada Border Services Agency (CBSA), etc.  This group meets on a regular basis to share information and discuss TFW-related topics, including the Annex pilots.

British Columbia has also agreed to work with HRSDC and CIC to share information that will support the operation of both the TFW Program and the British Columbia Provincial Nominee Program (BC PNP).  The purpose of information sharing is to improve the protection of TFWs within British Columbia, and to ensure that employers participating in the TFW Program respect provincial labour standards.

Additional Information

The TFW Annex was negotiated and finalized at a time when labour market conditions were extremely tight within British Columbia.  Given the changes that have occurred within the provincial labour market since 2008, a degree of flexibility is required, particularly with respect to the pilot projects, to ensure that TFW-related initiatives in British Columbia are responding effectively to current provincial labour market conditions and employer needs, while respecting the overall integrity of the federal program.

  

BC PNP APPLICATION PROCESS Business Skills, Fast-Track

Overview

The BC PNP is a provincial immigration program which is operated in partnership with Citizenship and Immigration Canada. The specific program we will describe below is known as the “Business Skills” program and is suitable for investment in the GVRD or Abbotsford. Applicants can be fast-tracked if a client is willing to deposit $125,000 interest free with the province after nomination. The deposit is refundable in full when the client satisfies the terms of the PNP program.

Compared to the Federal Investor Program, the BC PNP business programs typically offer a number of advantages, including early entry in Canada on a work permit, control over investor dollars and flexible qualification criteria.


The general requirements of the program include:

• Confirmation of a personal net worth of at least $800,000.00
• An minimum investment in a BC business of $400,000.00 (existing business or start-up)
• The investment must create three full time jobs in the business
• You must actively participate in the management of the business
• You must demonstrate enough unencumbered funds to make the investment
• You must own at least 33.3% of the voting and non-redeemable shares in the business

The Investment

The general guidelines regarding the $400,000 investment are flexible, but must still conform to a number of rules, including:

• A maximum of $267,000 of the $400,000 investment (2/3) can be attributed to the purchase of shares. You may purchase shares for more than this amount but will only get credit for $267,000.
• Investments in real-property are generally not credited except for in unique situation
• The balance of the investment may be used for items such as equipment, leasehold improvements, inventory, patents, promotion/marketing, professional/start-up fees and start-up wage
• The business investment has to be reasonable and make good commercial sense

A Regional Program exists for clients wishing to invest outside of the GVRD or Abbotsford, but still in BC. The requirements under the Regional Program are half of the Business Skills program, i.e., $400,000 net worth and a $200,000 investment and at least one full-time job created.

Timeline

The following information is for reference only and represents our best estimate as to how a file could be processed. The information in this memorandum is based on current processing times which are based on past performance only. There are many factors which can affect processing timelines including, but not limited to, visa office resources, file or information abnormalities, change in immigration or PNP policies and delays in receiving medical or police background checks.

These estimates also rely on the Applicant’s ability to respond to our requests for information and documents in a timely fashion.

We will make best efforts ensure the expeditious processing of this application.

	Activity	Estimated Due Date	Responsibility
1.	Client reviews and funds retainer	X	Client
2.	LR contacts PNP, re: processing parameters	X+1 DAY	LR
3.	LR prepares preliminary application	X+10	LR, Client
4.	Client signs and returns preliminary application to LR	X+15	Client
5.	LR files preliminary application	X+16	LR
6.	PNP reviews and approves preliminary application, invites Client to file formal application	X+50	PNP
7.	LR prepares formal application	X+70	LR, Client
8.	Client reviews, signs and returns the formal application to LR	X+80	Client
9.	LR files the formal application	X+81	LR
10.	PNP reviews formal application and issues Client an invitation letter for an interview, CIC is copied on that letter	X+ 140	PNP
11.	LR prepares a visitor visa application for Client	X+145	LR
12.	Client files visitor visa application for PNP interview	X+150	Client
13.	CIC issues visitor visa, Client travels to Canada for interview	X+165	CIC
14.	Client attends BC PNP interview	X+170	Client, PNP
15.	PNP Approves Client’s formal application	X+195	PNP
16.	LR negotiates Performance Agreement, Deposit Agreement with PNP	X+205	LR, PNP
17.	Client signs Performance Agreement and Deposit Agreement, returns to LR – LR files at PNP	X+206	Client
18.	PNP issues letter in support of Client’s work permit application	X+210	PNP
19.	LR prepares Client’s work permit application	X+215	LR
20.	Client signs and files Work Permit Application	X+220	Client
21.	CIC issues medical exam request to Client	X+265	CIC
22.	Client and family undergo medical exams	X+270	Client
23.	CIC Approves Client’s work permit application	X+300	CIC
24.	Client travels to Canada with family, receives work permits, establishes residential address, opens bank account	X+300	Client
25.	Client funds deposit agreement ($125,000)	X+310	Client, LR, PNP
26.	LR files Client PNP Arrival Report	X+310	Client, LR, PNP
27.	BC PNP issues nomination certificate	X+320	PNP
28.	LR finalizes Client PR application, files at Buffalo or applicant's home country (to be determined)	X+330	LR, Client
29.	CIC issues PR medical request to Client	X+365	CIC
30.	CIC issues PR visas to Client	X+600	CIC
31.	W establishes business, funds investment	X+330 to X+1060	Client
32.	LR files progress reports to BC PNP	X+420 X+600 X+780 X+1060	LR, Client
33.	PNP approves final progress report, returns deposit	X+1100	PNP