Raj Sharma's Canadian Immigration Blog

Skilled Worker Class - Restricted to 38 Occupations

News Release on the new instructions on processing skilled worker immigrant applications.

Globe and Mail article here.

From the CIC website...

Is my application eligible for processing?
In order for your application to be eligible for processing, you must either:

• have an offer of arranged employment, OR
• be a foreign national living legally in Canada for one year as a temporary foreign worker or an international student, OR
• be a skilled worker who has at least one year of experience in one or more of the following occupations:

0111: Financial Managers
0213: Computer and Information Systems Managers
0311: Managers in Health Care
0631: Restaurant and Food Service Managers
0632: Accommodation Service Managers
0711: Construction Managers
1111: Financial Auditors and Accountants
2113: Geologists, Geochemists and Geophysicists
2143: Mining Engineers
2144: Geological Engineers
2145: Petroleum Engineers
3111: Specialist Physicians
3112: General Practitioners and Family Physicians
3141: Audiologists and Speech Language Pathologists
3143: Occupational Therapists
3142: Physiotherapists
3151: Head Nurses and Supervisors
3152: Registered Nurses
3215: Medical Radiation Technologists
3233: Licensed Practical Nurses
4121: University Professors
4131: College and Other Vocational Instructors
6241: Chefs
6242: Cooks
7213: Contractors and Supervisors, Pipefitting Trades
7215: Contractors and Supervisors, Carpentry Trades
7217: Contractors and Supervisors, Heavy Construction Equipment Crews
7241: Electricians (Except Industrial and Power System)
7242: Industrial Electricians
7251: Plumbers
7252: Steamfitters, Pipe fitters and Sprinkler System Installers
7265: Welders and Related Machine Operators
7312: Heavy-Duty Equipment Mechanics
7371: Crane Operators
7372: Drillers and Blasters – Surface Mining, Quarrying and Construction
8221: Supervisors, Mining and Quarrying
8222: Supervisors, Oil and Gas Drilling and Service
9212: Supervisors, Petroleum, Gas and Chemical Processing and Utilities
NOTE: the occupations above are all Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification list.

Federal skilled worker applicants who do not meet the above criteria will be informed of this and will have their processing fee refunded.

Of the 112 comments on the Globe and Mail article, the majority appear to be supportive of the amendments - in essence, tying immigration to economics, with others objecting to increasing immigration numbers in general. 

Comments include:

Carl White from Canada writes: I just don't see the wisdom of importing hundreds of thousands of people during a period when the economy is already hard pressed to generate jobs.

Except for in a few highly specific cases, it can ony depress wages and increase unemployment further.

Not to mention add to the crowding in some of Canada's urban centers and all the problems that attend that.

A. Nonymous from Canada writes: Nobody loathes, hates, detests or despises the CPC more than I, but I have to be honest and say that I really don't understand the problem with this one? Why in the world WOULD we let less-skilled (or no skills at all) immigrants in before or even in the same numbers as skilled workers? Why shouldn't they be (and stay) at the back of the line? Especially during an economic downturn, when the public assistance rolls typically swell. It is likely that a fair number of skilled and semi-skilled workers (i.e. auto industry) are soon to be looking for jobs that aren't there, what jobs are these unskilled immigrant workers going to get? I just don't get it.

Sassy Lassie from Canada writes: Bad news for the Liberals, they've used the immigrant vote to stay in power for decades. If the workers are skilled and educated less chance of them going to a Liberal designed ethnic/religious enclave ergo they won't vote Liberal. 

Good stuff Harper, I hope he introduces measure to have give DNA testing to people coming in under the family re-unification plan. In the US and Europe massive frauds have been uncovered to the tune of hundreds of thousands of bogus family members.

I hope he fast trackes people from Europe, their credentials are equal to our educational and training standards. Ax third world professionals thou, their training and educational standards are fifty years behind ours.

New Refugee Notification Procedures (Calgary)

In the course of attending with my client to make notification for a refugee claim, I learned of a change in procedure. The change in procedure emphasizes the provision of information and documents up front, and should address a situation where a refugee made notification, but was provided an eligibility date some months later - resulting in substantial hardship in obtaining a work permit and health coverage.

Here's the new form: Download Integrated Questionnaire - ENG IMM5611E and instructions: Download Instruction_guide_integrated_form_formulaire_ENG .

The Immigration Appeal of Jackie Tran

Jackie Tran, an alleged gang member has been going through the deportation process for some time. 

Tran, a permanent resident of Canada, and a national of Vietnam was ordered deported in 2004 after an assault and drug trafficking conviction. He was in custody for the past 10 months because he was deemed a flight risk. Tran was released from custody on the posting of substantial cash bail ($20,000) but was re-arrested after an incident where the Calgary Police Service alleged Tran breached his curfew.

CTV video here (October 31, 2008). Note - Notwithstanding the clear frustration of Calgary Police chief Rick Hanson, Tran has since been released from immigration custody. Most recent CTV article and video here.

Calgary Herald article here. 

It would appear that Tran's appeal was heard before the Immigration Appeal Division last week. 

Tran is arguing that he is the primary breadwinner for his family (although that may be a difficult argument given that he was incarcerated for the past 10 months) and a source of support for his mother, who is unable to work because of an injury. His mother testified as well as his girlfriend, who indicated that she would be 'devastated' if Tran was deported. 

The Canada Border Services Agency is to bring in a gang expert when the hearing is resumed next month. See article here. 

Mexican/Haitian Refugee Inflow

In my own practice, I've noticed a marked increase in the number of Mexican and Haitian refugee claimants. 

A Toronto Sun article indicates almost 20,000 Mexican and Haitian refugee claims are pending determination by the Immigration and Refugee Board. 

In Canada Spousal Sponsorship Interview

I was meeting with a couple who had submitted an "In Canada" spousal sponsorship. 

A full interview has been scheduled for this week, and I was trying to impart the various concerns of the immigration officer.

While one cannot predict all the questions that might be asked, it's certain that the immigration officer will canvass issues surrounding the genesis, development and evolution of the relationship. There will also be questions to ensure that the individuals are in fact living together. This may take the form of 'what size is your TV in your living room' to 'what colour is your sofa/carpet/etc'. The couple is generally questioned separately. 

Having observed a number of such interviews, most couples are invariably nervous and preparation for this relatively invasive proceeding is almost always a good idea. 

Criminal Rehabilitation/TRP

Canada welcomes tens of thousands of visitors each and every year. However, a number of individuals may be inadmissible to Canada and may encounter difficulties securing entry. 

Individuals convicted of various crimes may be inadmissible to Canada. 

Such inadmissibility is governed largely by s.36 of the Immigration and Refugee Protection Act. 

One of the most common scenarios that I see across my desk are those convicted of DUI (driving under the influence) or related offenses from the US and the UK. There is increased sharing of information between these three countries, and individuals that have had no previous difficulty entering Canada may find an old offense rearing its head and barring their entry.

In such circumstances, and assuming that sufficient time has passed, an application for criminal rehabilitation may be made. There is 'deemed' rehabilitation, after a lengthier passage of time. 

If more expeditious entry to Canada is required, an application for a TRP is required. This requires submissions as to 'risk', and is highly discretionary. 

Those with criminal records would be well advised to consult legal counsel prior to attempting to enter Canada. 

Claiming refugee status in Canada

Claiming refugee status in Canada entails the following:

• Notification of a claim (either at the airport, an in-land office, or another port of entry). 
• Eligibility hearing (conducted by Citizenship & Immigration Canada) and is necessary to determine whether the claim is eligible to be referred to the Immigration and Refugee Board. 
• If the claim is referred, it will be set down for a hearing before a Member of the IRB, RPD division. Prior to the hearing (which takes about a year after the claim is 'referred') disclosure is provided to the claimant in the form of a 'screening package' which indicates the relevant issues for the hearing as well as country condition 
• If the claim is not referred, and the individual is inadmissible to Canada, it is likely that an admissibility hearing before the IRB, ID will be set down. 

It should be noted that Canada has one of the most (if not the most) generous refugee system in the developed/Western world. The IRB accepts, on average, over 40% of all refugee claims made. Obviously individuals from countries such as the Democratic Republic of Congo, Afghanistan, Burundi, and (at least until recently) Colombia have a high probability of success. Claimants from democratic countries, with effective state protection have difficulty in establishing their claims. 

In any event, and given my previous post on 'refugee roulette', experienced counsel is strongly suggested for anyone wanting to successfully navigate their way through the refugee determination system in Canada. 

AINP Family Stream

I've submitted a number of applications under the AINP family stream which allows a resident of Alberta (at least 2 years) to sponsor, or assist, the permanent resident immigration of an uncle, aunt, brother, sister, niece or nephew.

While there are a number of restrictions as to eligibility, the total number of applications has been capped at 600. The most recent acknowledgment of receipt we've received seems to indicate that the applications received/accepted (at least at the initial stage) are somewhere in the 500+ range. My feeling is that the application quota has now likely been filled (or will be in the very near future). 

The AINP family stream is a great, innovative immigration stream that has a number of benefits to the Alberta economy because it targets educated, English speaking immigrants with family in this great province. Unfortunately, the program is limited in size. 

The program will likely continue, and will probably expand, given the experience of Manitoba's provincial (family) nominee program. 

Refugee Roulette

I was reading an article by Edward C. Corrigan in ImmQuest, Vol 4. Issue 11 November 2008. Edward discussed legal aid and refugee claims. Ontario's Legal Aid Certificate provides a fixed rate per hour (depending on the experience of counsel) and may be as high as $96.95/hour. Corrigan notes however that overhead in a law firm is about $100/hr and as a result, counsel typically lose money in handling legal aid matters.

He also made a point regarding the quality of representation and quoted a very interesting article published in the Stanford Law Review.

Entitled "Refugee Roulette: Disparities in Asylum Adjudication" it indicates that the success rate for unrepresented asylum seekers (in the US anyway) was a little more than 16%; represented individuals were successful over 45% of the time; and those represented by 'qualified, specialized lawyers' varied between 89 and 96%.

Criminal prosecution under the IRPA

On Wednesday I was at a Calgary bar association event where I jokingly assured a provincial court judge that in all likelihood I would never appear before him or the provincial court. Lo and behold this morning I was before that same judge in courtroom 505. Little did I know on Wednesday that I would need to attempt an interim judicial review otherwise known as a bail hearing because the CBSA pressed criminal charges under s 122 of the act which allows the government to lay criminal charges against those that use false documents in Canada. This would be most refugee claimants that don't travel to Canada legally. My client is a former refugee who was deported last year to his country of nationality wher he was promptly shot. He returned to Canada using a false Mexican passport. Its disturbing because of article 31 of the UN convention and s 133 of the IRPA which prohibits prosecution of refugees for illegal travel. I know my client is no longer a refugee but an application to reopen is possible which would by operation of 133 render prosecution under 122 nugatory. In any event, my reading of 122 and 133 means that many individuals could face prosecution. For example, I have a refugee claimant who wishes to withdraw her refugee claim and submit a in canada spousal sponsorship instead. She also travelled to canada on false documents. Theoretically, CBSA could utilize s 122 and seek a jail term of 5 years. Scary. Sent from my BlackBerry® wireless device

60 Refugee found dead on Yemen Beach

The universal human drive to better one's life resulted in tragedy. The bodies of 60 would be refugees were found on a Yemen beach. Article here.

Canada's geography generally eliminates treacherous sea and land crossing (but it has been known to happen). Despite the obvious risks, thousands of people risk peril in the desperate hope of eventual safety, security and prosperity.

Excerpt:

NAIROBI, Kenya - Sixty corpses of would-be refugees from Somalia and Ethiopia were found on a beach in Yemen over the weekend after smugglers forced many of them overboard, an international aid agency said Monday.

Medicins Sans Frontieres (MSF) said the latest victims on the notoriously perilous smuggling route had came across the Gulf of Aden from the Somali port city of Bosasso, fleeing war and poverty at home.

In one of two incidents that caused the deaths, smugglers tipped the refugees into the sea at night after noticing lights on land and fearing they would be spotted by the coastguard, MSF quoted survivors as saying.

The situation is also grim in the Congo, where thousands of refugees (more properly termed internally displaced persons) are without food.

The Stay...

...was not granted. While being disappointed for my client, a stay is an 'extraordinary' remedy and the client was apprised of the chances beforehand.

Unfortunately, and for reasons that can't be expanded upon, the client was in the unenviable position of only retaining my services one week before the application was heard. The last minute nature of the application reflected badly on the 'balance of convenience' branch of the test for a stay.

The client was a permanent resident and convicted of serious crimes which resulted in a removal order against him. The IAD had stayed that removal order, but breaches to the terms and conditions resulted in both the termination of the stay and termination of the jurisdiction of the IAD (by operation of the law). There was no other remedy to the client's situation other than a 'timely' application for a humanitarian and compassionate application.

Serious immigration consequences flow from criminal convictions from within Canada. Ultimately, permanent residents who face removal because of criminal inadmissibility need to take the prospect of enforcement and removal very seriously.