Author archives: mehran halavi

Canada’s Provincial Nominee Program at 20: Helping more people immigrate and succeed

CIC News / 2018 / May / Canada’s Provincial Nominee Program at 20: Helping more people immigrate and succeedCanada’s Provincial Nominee Program at 20: Helping more people immigrate and succeed The PNP will grow at quicker rate than any other immigration program over next 3 years

by Stephen Smith and Noah Turner

Since its inception 20 years ago, Canada’s Provincial Nominee Program has grown in both size and importance and now stands as the country’s second largest program for economic immigration.

From its humble beginnings in 1998, when around 200 people were admitted to Canada through it, the Provincial Nominee Program, or PNP, will be responsible for more than 30 per cent of planned economic immigration to Canada in 2018.

Source: IRCC

The PNP allows participating Canadian provinces and territories to select an allotted number of economic immigrants each year and nominate them for permanent residence.

There are now more than 60 PNP streams across 11 provinces and territories, with each one specifically designed to target immigrants who match specific labour market and economic needs in those regions.

Most participating provinces and territories now have at least on PNP stream that is aligned with the federal Express Entry system, which is Canada’s principal source of economic immigration.

Express Entry-linked PNP streams, also referred to as ‘Enhanced’ PNPs, allow a province to select Express Entry candidates and invite them to apply for a provincial nomination. Express Entry candidates who are nominated by a province or territory are awarded an additional 600 points toward their Comprehensive Ranking System score.

PNP streams that operate outside of Express Entry, referred to as ‘Base’ PNPs, can also nominate candidates, who then pursue permanent residence outside of the Express Entry system.

To find out if you are eligible for Canadian Immigration, complete our free online assessment form.

No Canadian experience necessary

One common misconception among immigration candidates is that you need prior Canadian study or work experience to pursue a nomination from a Canadian or province. While this is true for some PNP streams, it is not the case for all PNP streams.

Statistics provided by Immigration, Refugees and Citizenship (IRCC) show that 64.7 per cent of immigrants admitted through Canada’s PNP between 2010 and 2015 were previous temporary residents, which means more than a third of provincial nominations went to overseas candidates.

Taken together with the province of Quebec’s immigration allotment from the federal government, provincially led immigration accounts for almost 50 per cent of total annual economic immigration to Canada.

In 2017, Canada’s admission target for the PNP was 51,000. Under the federal government’s 2018-2020 multi-year levels immigration plan, PNPs are slated to grow by 11 per cent annually over the three years, for a total increase of nearly 33 per cent in admissions.

IRCC says no other immigration program will grow as fast as the PNP.

PNP target admissions
Year Low High Target Target Increase
2017 49,000 54,000 51,000
2018 53,000 57,400 55,000 4,000 (8%)
2019 57,000 63,500 61,000 6,000 (11%)
2020 62,000 68,500 67,800 6,800 (11%)

Success by the numbers

Statistics provided by IRCC also show a number of important trends when it comes to immigrants admitted through the PNP:

  • 20 per cent of principal applicants had a higher incidence of employment compared to Canadian average 5 years after landing;
  • 52.5% have employment earnings at or above the Canadian average 5 years after
  • Principal applicants admitted through the PNP had the following occupational distribution:
    • Managerial: 13%
    • Professional: 21%
    • Skilled and Technical: 36%
    • Intermediate and Clerical: 15%
    • Labourers: 3%
  • 54% hold a university degree.

“Canadian provinces need immigrants to grow and the PNP is helping them fill their labour market needs through increases in allocations and innovations designed to attract candidates who will thrive,” said David Cohen, senior partner with the Campbell Cohen Canadian immigration law in Montreal.

“Given there are more than 60 immigration programs, pursuing the right PNP can make the difference and allow a candidate to successfully immigrate and adapt to life in Canada.”

To find out if you are eligible for Canadian immigration, complete our free online assessment form.

© 2018 CICNews All Rights Reserved

About Stephen SmithAbout Noah Turner

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Second Express Entry draw in a week invites candidates with scores as low as 288

CIC News / 2018 / May / Second Express Entry draw in a week invites candidates with scores as low as 288Second Express Entry draw in a week invites candidates with scores as low as 288 Program-specific draw is first of its kind since November 2017

by Stephen Smith, Eman Katem and Noah Turner

The Government of Canada has issued 700 Invitations to Apply to Express Entry candidates through a program-specific draw held May 30.

A total of 500 Invitations to Apply, or ITAs, were issued to Express Entry candidates under the Federal Skilled Trades Class (FSTC). The minimum Comprehensive Ranking System (CRS) score for these candidates was 288.

It is important to note that only FSTC candidates with scores as low as 288 were invited to apply.

Another 200 ITAs were issued to Express Entry candidates nominated through the Provincial Nominee Program. The minimum CRS score for these candidates was 902.

Express Entry candidates with a provincial nomination receive an additional 600 points toward their CRS score, which explains the high cut-off score. For example, a candidate who enters the Express Entry pool with a CRS score of 300 and then obtains a nomination from a Canadian province would see their CRS score increase to 900.

Immigration, Refugees and Citizenship Canada employed its tie-break procedure in both instances. For both FSTC and PNP candidates, the date and time of the tie-break was May 30, 2018 at 14:52:06 UTC. This means that all FSTC and PNP candidates with a CRS score above 288 and 902 respectively, as well as those candidates with scores of 288 and 902 who submitted their profile before this date and time, received an ITA in this invitation round.

Today’s draw brings the total ITAs issued in 2018 to 32,200.

The graph below shows a comparison of ITAs issued and target admissions for the years 2017, 2018 and 2019.

To find out if you are eligible to enter the Express Entry pool, fill out a free assessment form.

Program-specific draws are rare

Program-specific invitation rounds are the exception to the norm for Express Entry draws, the vast majority of which include candidates from all programs managed under the Express Entry system.

The last time a program-specific draw was held was November 1, 2017. That draw, which also focused on PNP and Federal Skilled Trades candidates, saw the minimum CRS score drop to 241.

In May 2017, a program-specific draw that was held May 26 was followed five days later by a draw on May 31 that had the lowest minimum CRS score ever recorded for an all-program draw under the Express Entry system – 413.

“It’s always exciting to see more frequent draws, especially ones that bring the CRS score down as low as it went today, even if it was program specific,” said Attorney David Cohen, senior partner at the Campbell Cohen Canadian immigration law firm in Montreal. “It’s a good reminder of Express Entry’s dynamic qualities, not to mention the value of a provincial nomination for Express Entry candidates.”

The CRS Calculator

The CRS Calculator allows you to find out what your score would be under the CRS.

To find out if you are eligible to enter the Express Entry pool, fill out a free assessment form.

© 2018 CICNews All rights Reserved

About Stephen SmithAbout Eman KatemAbout Noah TurnerPrevious Article: Canada’s Provincial Nominee Program at 20: Helping more people immigrate and succeed

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Growing Canada’s future economy an ‘impossibility’ without immigration

CIC News / 2018 / May / Growing Canada’s future economy an ‘impossibility’ without immigrationGrowing Canada’s future economy an ‘impossibility’ without immigration Canada's Immigration Minister Ahmed Hussen touts 'profound impact' of Express Entry changes

by Stephen Smith

When it comes to the future of immigration to Canada, it’s no longer a question of “why immigration” but “how much,” says federal Immigration Minister, Ahmed Hussen.

“That’s where the debate is now,” he told his audience at the 2018 Canadian Immigration Summit in Ottawa.

“Without immigration, our ability to grow our economy would become an impossibility,” Hussen said, referencing a recent report by the Conference Board of Canada.

The report makes the case that an immigration rate of one per cent of Canada’s population by the year 2030 would help offset the challenges caused by an aging population and contribute one-third of Canada’s projected average annual real GDP growth rate of 1.9 per cent that year.

“In a multi-trillion dollar economy, that’s substantial,” Hussen said.

In 1971, Hussen said there were six working Canadians for each retiree, a ratio that had dropped to 4:1 in 2012 and could drop to 2:1 by 2036 if immigration levels aren’t increased.

“How would we maintain what we have with a ratio of 2:1,” Hussen asked, pointing to social programs like public health care and pensions as well as infrastructure.

Canada’s multi-year levels immigration plan, introduced last year, is responding to this mounting demographic challenge, he said, and will increase Canada’s immigration rate to 0.9 per cent of the Canadian population by 2020.

“Sixty per cent of this immigration will be in the economic category to fill labour market gaps as well as skills gaps,” Hussen said.

Express Entry inviting more highly skilled workers

He also touted the “profound impact” brought about by changes to the federal government’s Express Entry economic immigration system introduced in late 2016 that saw the number of bonus points for a job offer reduced, among other changes.

Immigration, Refugees and Citizenship Canada has said the changes significantly shifted the number of invitations for Canadian permanent residence issued through Express Entry in favour of candidates with higher so-called human capital scores, namely candidates in Express Entry’s Federal Skilled Worker Class.

Immigrants now represent a significant portion of highly skilled labour in Canada, Hussen said, filling 50 per cent of all Science, Technology, Engineering and Math (STEM)-related jobs in Canada.

Immigrant entrepreneurs, he added, are also helping create jobs – and the jobs of the future – in Canada.

“Some of our most creative and innovative entrepreneurs are immigrants,” he observed.

He told the story of a Cuban immigrant he met in Edmonton who had started a software company that is now one of the leading software companies in Western Canada and employs 150 people.

On the topic of entrepreneurs, Hussen said recent immigrants now surpass Canadians when it comes to self-employment and business.

“These businesses are more likely to sell their products to other countries, helping Canada to open markets for all of us beyond the United States,” he said.

To find out if you are eligible for Canadian immigration, please fill out a free assessment form.

Atlantic Immigration Pilot

The perils of population decline and labour shortages are on full display in Canada’s Atlantic Provinces, Hussen said, and the government is working with the region’s provincial governments to address them through the Atlantic Immigration Pilot (AIP).

“In Newfoundland, for every 100 people you have joining the workforce, you have 125 leaving the workforce,” Hussen said. “That gap has to be addressed.”

Hussen said the employer-driven AIP allows employers to recruit foreign workers without the need for a Labour Market Impact Assessment in return for a settlement plan that encourages workers and their families to stay in the Atlantic Canada region.

“The problem in Atlantic Canada isn’t so much attraction of workers, it’s retention,” he said. “In Ontario and Alberta, the retention rate is 90 per cent. In Atlantic Canada, it’s 60 per cent.”

Hussen said until Atlantic provinces start meeting their quotas under the AIP, there are no plans to revisit their annual Provincial Nominee Program allocations. Furthermore, if a province doesn’t use its quota, the other Atlantic provinces can use it.

“We gave Atlantic Canada thousands more applicants on top of their PNP numbers, and we allow those applicants to bring their family members,” he said. “Finish those numbers and then we can talk PNPs.”

A key focus in Atlantic Canada, and the rest of the country, needs to be on settlement plans that among other priorities help find schooling for kids and jobs for spouses, Hussen said.

“When the family has roots in Atlantic Canada, it is very difficult for the skilled immigrant to then move away from Atlantic Canada.”

Lessons from Atlantic pilot for other regions, including Northern Ontario

Ensuring newcomers are effectively integrated is vital not only in Atlantic Canada but across the country and Hussen said the AlP will hold valuable lessons for other regions of Canada that are also experiencing population challenges and need workers, like Northern Ontario and rural areas of the country.

“The success of our immigration will largely depend that the hundreds of thousands of newcomers who arrive each year, regardless of the program they enter under, are welcomed and integrated and absorbed and embraced by the Canadian family,” he said.

“The faster that a newcomer can be assisted to start their lives and succeed in Canada, the faster they can contribute to our society.”

Hussen concluded his remarks by calling on his audience to play their part in challenging anti-immigrant sentiments that are on the rise worldwide.

“It’s incumbent on those who are leaders and opinion leaders to not take what we have in Canada for granted, because we are not immune to this rhetoric,” he said.

“Whatever you can do in your own private spaces to push back against that narrative by fighting fear with facts would be very helpful. I’m not asking on behalf of the Government of Canada, I’m asking as a Canadian.”

To find out if you are eligible for Canadian immigration, please fill out a free assessment form.

© 2018 CICNews All Rights Reserved

About Stephen SmithPrevious Article: Second Express Entry draw in a week invites candidates with scores as low as 288

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CanadaVisa News Briefs | May 24 to May 30, 2018

CIC News / 2018 / May / CanadaVisa News Briefs | May 24 to May 30, 2018CanadaVisa News Briefs | May 24 to May 30, 2018

by CIC News

This is a summary of Canadian immigration news that happened in the past week.

Our Canadian immigration news briefs keep you up to date on the latest Canadian immigration news as it unfolds.

These articles are shared across all our social media channels, including Facebook, Twitter, Instagram, Google+ and LinkedIn. Make sure to follow us on our social media channels to get the latest stories and updates.

• Canada ending visa requirement for UAE citizens

May 29, 2018

The visa requirement for United Arab Emirates citizens travelling to Canada for short stays will end on June 5, the Government of Canada has announced. >> Read more

• British Columbia continues to prioritize tech workers and graduates

May 24, 2018

British Columbia has issued 27 new invitations to apply for a provincial nomination in its latest Tech-focused draw, which took place on May 23. >> Read more

© 2018 CICNews All Rights Reserved

About CIC NewsPrevious Article: Growing Canada’s future economy an ‘impossibility’ without immigration

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Better support for immigrant entrepreneurs could benefit Canada’s international trade priorities, says new report

CIC News / 2018 / May / Better support for immigrant entrepreneurs could benefit Canada’s international trade priorities, says new reportBetter support for immigrant entrepreneurs could benefit Canada’s international trade priorities, says new report Immigrant entrepreneurs could play key role in Canada's efforts to diversify trade and tap emerging markets, says Conference Board of Canada

by Stephen Smith

Better government support for immigrant entrepreneurs could benefit Canada’s efforts to diversify international trade and strengthen its economy, a new report by the Conference Board of Canada says.

Given the Canadian government’s growing interest in tapping emerging markets in Asia and South America, the report by the Conference Board of Canada’s National Immigration Centre says improving the success rate of immigrant entrepreneurs, especially those engaged in knowledge-based industries, is potentially in Canada’s best interest.

Immigrant entrepreneurs possess valuable education, language skills, foreign business networks and what the report calls “important know-what knowledge” of developing markets, such as emerging trends and consumer preferences.

“Entrepreneurs with international experience (e.g. immigrants) are more likely to do business abroad – and succeed,” the report says. This experience and skill set also puts them at an advantage over their Canadian-born counterparts.

The report points to studies that suggest a 10 per cent increase in Canada’s immigrant population corresponds with a one per cent increase in exports.

“If the latest figures are used, a 10 per cent increase in Canada’s immigrant population of 7.5 million people would correspond to an increase in merchandise exports by $5.5 billion,” the report says.

Immigrant entrepreneurs, however, face a number of unique challenges that their Canadian-born counterparts do not, the report observes, including cultural barriers, weak social and business networks in Canada, difficulty accessing bank loans and financing and a lack of familiarity with available domestic and international business supports.

The challenges are most acute among immigrant entrepreneurs who have been in Canada less than 10 years.

The report cites a 2018 Statistics Canada study that found only 51 per cent of businesses started by recent immigrant entrepreneurs between 2003 and 2009 remained in operation for at least seven years, compared to 58 per cent of those started by Canadian-born entrepreneurs.

To find out if you are eligible to immigrate to Canada as an entrepreneur, fill out a free assessment form.

Four recommendations

The Conference Board of Canada puts forward four key suggestions for improving the success rate of immigrant entrepreneurs and harnessing the potential of these typically educated and internationally connected immigrants for Canada’s trade efforts.

  • Build networks for recent immigrant entrepreneurs;
  • Enhance awareness of domestic and international business supports;
  • Offer more dedicated settlement support programs;
  • Improve access to financing.

1. Build networks for recent immigrant entrepreneurs

  • Government and immigrant-serving organizations could provide more pre-arrival information on starting a business in Canada, including where to find business, settlement, and mentorship support once immigrant entrepreneurs arrive in Canada.
  • Create databases to facilitate networking and mentorship opportunities and compile local business contact information.
  • Make connections with business incubators and investors and get them more involved in recruiting immigrant entrepreneurs.
  • Develop Canada’s business ecosystems in order to attract and support immigrant entrepreneurs.

2. Enhance awareness of Domestic and International Business Supports

  • The federal government, through its Canadian missions, could provide better access to pre-arrival information on the types of business supports offered by Export Development Canada, Business Development Bank of Canada, Global Affairs Canada and Canada’s provincial governments.
  • Promote stakeholder collaboration by working more closely with ethnic business associations, immigrant-serving organizations and ethnic media organizations.
  • Create a one-stop portal to raise awareness about supports targeted to immigrant entrepreneurs.
  • Raise awareness of international free trade agreements and market opportunities.

3. Offer more dedicated settlement support services

  • Work with immigrant settlement organizations to help them develop dedicated services for recent immigrant entrepreneurs and facilitate interaction with Canadian-born and immigrant entrepreneurs.
  • Provide sustained federal funding for settlement support services.
  • Leverage technology such as webinars to keep costs down.

4. Improve access to financing

  • Canada should consider co-funding arrangements that match investments in immigrant businesses by private equity investors.
  • The federal government could provide targeted financing to immigrant entrepreneurs identified as having high growth potential.
  • Improve bank loan process.
  • Raise awareness of existing loan opportunities.

To find out if you are eligible to immigrate to Canada as an entrepreneur, fill out a free assessment form.

© 2018 CICNews All Rights Reserved

About Stephen SmithPrevious Article: CanadaVisa News Briefs | May 24 to May 30, 2018

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David’s Blog: Asylum seeker crisis, or opportunity?

CIC News / 2018 / May / David’s Blog: Asylum seeker crisis, or opportunity?David’s Blog: Asylum seeker crisis, or opportunity?

by David Cohen

With Canada facing an aging population — and the challenges that produces in terms of workers — we now have an opportunity to help ourselves by helping others.

[Read more…]

© 2018 CICNews All Rights Reserved

About David CohenPrevious Article: Better support for immigrant entrepreneurs could benefit Canada’s international trade priorities, says new report

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Six common myths about criminal inadmissibility to Canada

CIC News / 2018 / May / Six common myths about criminal inadmissibility to CanadaSix common myths about criminal inadmissibility to Canada

by Stephen Sherman

There are many common misconceptions when it comes to the issue of criminal inadmissibility to Canada. While entering Canada when you have a criminal record is possible, there are a number of myths that need to be dispelled.

Here are six that lawyers often hear from clients:

1. I have been allowed into Canada on several different occasions

This is a logical assumption, but it unfortunately does not hold true in practice. This is because of the discretion Canadian immigration officers are given in the exercise of their duties. Ultimately, the decision as to whether or not to grant a particular individual entry to Canada lies solely with the immigration officer at the border. So, while a previous officer might have deemed you admissible, it is not safe to assume that this will always be the case moving forward. Anyone with even a minor, seemingly insignificant blemish on their record, or who has had any interaction with the court system, stands a chance of being denied entry to Canada.

2. I am an American citizen

Although the United States is our closest neighbour, both in terms of physical proximity and cultural similarities, being an American citizen does not pose any benefit when it comes to entering Canada if an individual has an offence on their record. Canada and the United States actually have an information sharing agreement whereby immigration authorities of either country have easy access to the criminal records of both U.S. and Canadian citizens. So, when a passport is swiped, the criminal history of the passport holder appears on the screen that the border agent sees, making it easy to determine if an individual is criminally inadmissible to Canada.

3. My offence was only considered a misdemeanor where it was committed

Unfortunately, this is often not taken into account when an immigration officer makes a determination as to inadmissibility. This is because it is how the offence is viewed in Canada that is the overarching factor in this determination; the more serious the offence is in Canadian law, the more likely an individual will be found inadmissible. Certain crimes are classified very differently in Canada and because of this it is important to verify the corresponding Canadian law with respect to the foreign offence in question.

4. My offence is from more than 10 years ago

There is a concept in Canadian immigration law called “deemed rehabilitation,” which holds that an individual is no longer inadmissible simply as result of the passage of time since the offence. The requisite amount of time is 10 years from the completion of sentence, but this time having elapsed does not necessarily resolve the situation. Firstly, if the offence is serious, meaning it has the potential to be punished by at least 10 years of incarceration according to Canadian law, the inadmissibility never goes away with the passage of time. This is also most often the case if an individual has two or more offences on his record. Secondly, even if an individual should qualify for deemed rehabilitation, the vast discretion of the immigration officer could work against the traveler; if the officer is of the mind that the traveler could pose a security risk to Canadians, he is within his rights to deny entry even if the conditions for deemed rehabilitation have been met. As well, sometimes the officer might be unfamiliar with the concept of deemed rehabilitation and its application, which is also a situation in which individuals are commonly denied entry into Canada.

5. I have met all the terms of the sentence that were imposed upon me

It stands to reason that after you have completed your sentence you would no longer be subject to negative consequences associated with your offence. After all, a legal authority heard your case, you were punished, and you complied with the terms of your punishment. Despite this, with respect to Canadian inadmissibility, there are temporal milestones that must be reached and conditions that must be satisfied, the lengths and natures of which depend on the severity and number of offences. Although you might have paid the price for your offence where it was committed, this unfortunately may not matter when it comes to Canadian inadmissibility.

6. I have been allowed to enter numerous countries all around the world

This is not really that helpful when it comes to Canadian inadmissibility because each country has its own criteria for determining whether or not an individual with a record will be granted entry. Although Canadian immigration authorities might view it positively that an individual with a checkered past has been allowed into other countries, taking this fact into account is completely up to the discretion of the reviewing officer and plays no official role in the process. Despite its seeming relevance, the fact of having been granted entry to other countries is usually not an important factor when it comes to determining inadmissibility to Canada.

Stephen Sherman is a Canadian immigration attorney with the Campbell, Cohen Immigration Law Firm in Montreal. He specializes in resolving issues relating to criminal inadmissibility to Canada.

If you have any questions about gaining entry to Canada, please send a detailed email tocrim@canadavisa.com.

© 2018 CICNews All Rights Reserved

About Stephen ShermanPrevious Article: David’s Blog: Asylum seeker crisis, or opportunity?

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Ontario issues more invitations to Express Entry candidates

CIC News / 2018 / May / Ontario issues more invitations to Express Entry candidatesOntario issues more invitations to Express Entry candidates Draws for Skilled Trades and French-Speaking Skilled Worker streams continue 7-week trend

by Stephen Smith

Ontario has issued more invitations through its Express Entry-linked Skilled Trades and French-Speaking Skilled Worker streams.

The latest invitation rounds were held May 23 and 24 and issued a total of 64 Notifications of Interest (NOIs) to eligible Express Entry candidates.

The draws continue a trend that’s seen Ontario conduct weekly invitation rounds through both of these stream since the second week of April.

The Ontario Immigrant Nominee Program (OINP) said the 30 Express Entry candidates who received invitations through the Skilled Trades Stream submitted their Express Entry profiles between January 1, 2018, and May 23, 2018.

The 34 Express Entry candidates invited through the French-Speaking Skilled Worker Stream submitted their Express Entry profiles between January 1, 2018, and May 24, 2018.

There is no minimum Comprehensive Ranking System (CRS) score requirement for either stream and Express Entry candidates who are nominated by Ontario receive an additional 600 points toward their CRS score.

Ontario has now issued 727 NOIs through the Skilled Trades Stream since the start of 2018. Another 502 Express Entry candidates have received NOIs through the French-Speaking Skilled Worker Stream this year.

Ontario has also issued 2,587 NOIs in 2018 through its Human Capital Priorities Stream, which is also linked to the Express Entry system.

The OINP says it will continue issuing NOIs to candidates in the federal Express Entry pool who are eligible for one of Ontario’s Express Entry streams “on a regular basis.”

The Skilled Trades Stream is for skilled workers with a valid Express Entry profile who are eligible for the Canadian Experience Class and have work experience in an eligible skilled trade.

The French-Speaking Skilled Worker Stream was launched in 2015 to target French-speaking Express Entry candidates who qualify for either the Federal Skilled Worker Class or the Canadian Experience Class and who have sufficient English language abilities (CLB 6 or higher).

There are also unique provincial criteria that candidates must meet.

Express Entry candidates who received a NOI in these latest invitation rounds have 45 calendar days from the date the NOI letter was issued to submit an online application to the OINP.

To find out if you are eligible to enter the Express Entry pool, fill out a FREE assessment form.

© 2018 CICNews All Rights Reserved

About Stephen SmithPrevious Article: Six common myths about criminal inadmissibility to Canada

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No plans to expand controversial ‘flagpoling’ pilot beyond Ontario and Quebec, CBSA says

CIC News / 2018 / May / No plans to expand controversial ‘flagpoling’ pilot beyond Ontario and Quebec, CBSA saysNo plans to expand controversial ‘flagpoling’ pilot beyond Ontario and Quebec, CBSA says Year-old project criticized as 'unlawful' by Canadian Bar Association

by Stephen Smith

The Canada Border Service Agency says it has no plans to expand its controversial flagpoling pilot project beyond ports of entry in Southern Ontario and Quebec, where it is currently in effect.

The Canada Border Services Agency (CBSA) introduced the pilot project in June 2017 to mitigate the number of so-called “flagpoling” cases its agents were processing at the busy Rainbow, Queenston and Peace Bridge ports of entry in Southern Ontario. The pilot was then extended in November 2017 to the Saint-Bernard-de-Lacolle and Saint-Armand/Philipsburg ports of entry in Quebec.

Flagpoling is the term given to the act of physically leaving Canada via a Canada-U.S. border crossing and then turning around and re-entering the same port of entry in order to obtain or modify Canadian immigration status.

Flagpoling is popular because it is much quicker than applying to Immigration, Refugees and Citizenship Canada, which can take weeks if not months to process certain permits or complete the landing procedures for permanent residence.

Under the pilot, same-day processing of flagpoling cases at the five border crossings is limited to after 8 a.m. on Tuesdays, Wednesday and Thursdays, and only then if traffic is at a low volume and requests aren’t likely to affect wait times for other clients.

“The new operational model allows the CBSA to maintain its commitment to service excellence by providing new hours of service that allow it to effectively manage its immigration secondary wait times during high volume periods and at the same time ensure that critical resources are focused on national security and trade priorities,” CBSA spokesman Nicholas Dorion told CIC News in an email.

Dorion added that the CBSA has “no plans at this time” to expand the pilot beyond Southern Ontario and Quebec.

Pilot ‘unlawful’, Canadian Bar Association contends

The pilot project has been criticized as “unlawful” by the Canadian Bar Association (CBA), which outlined its concerns in a series of letters addressed to Canada’s Immigration Minister, Ahmed Hussen, and Public Safety Minister, Ralph Goodale.

“The practice of refusing to process applications of genuine temporary residents seeking entry and the refusal to land applicants is unlawful and not in the public interest,” the CBA wrote. “We urge you to direct CBSA officers to perform their duties in accordance with the law, and ensure funds allocated to CBSA for immigration operations are used for this purpose.”

While acknowledging the CBSA’s concerns about high volume and excessive wait times, especially during the busy summer months when tourism is at its peak, the CBA said refusing flagpole services violates Canada’s Immigration and Refugee Protection Act.

“While a foreign national must satisfy an officer that they meet the requirements of the category for which they are seeking re-entry to Canada, they have a right to be processed at a [point of entry],” the CBA wrote.

Barbara Jo Caruso, chair of the CBA’s Immigration Law Section, said the association has amassed numerous examples of people who tried to flagpole between Friday and Monday and were told to come back on the days stipulated by the pilot — only to find it busier upon their return.

“When people show up on a Tuesday, Wednesday or Thursday, there is often a lineup as long or longer than there would have been on a Friday, Saturday, Sunday or Monday,” she told CIC News.

The association has urged the federal government to intervene and end the pilot, but so far the federal government is letting the pilot project continue.

When asked about the CBA’s contention that the pilot is unlawful, CBSA spokesman Nicholas Dorion said the agency does not respond to “third party statements.”

If you have any questions about flagpoling or changing your immigration status, please send a detailed email to wp@canadavisa.com.

To find out if you are eligible for any Canadian immigration programs, fill out a free assessment.

© 2018 CICNews All rights Reserved

About Stephen SmithPrevious Article: Ontario issues more invitations to Express Entry candidates

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CRS score reaches new 2018 low in latest Express Entry round

CIC News / 2018 / May / CRS score reaches new 2018 low in latest Express Entry roundCRS score reaches new 2018 low in latest Express Entry round May 23 draw issues 3,500 Invitations to Apply

by Stephen Smith, Eman Katem and Noah Turner

The Government of Canada held a new Express Entry draw on Wednesday, May 23, issuing 3,500 invitations to apply for permanent residence. The Comprehensive Ranking System cut-off score for this draw was 440.

Today’s score is a new low for 2018, surpassing the previous low of 441 that was established in the invitation round on April 25 and repeated on May 9.

The tie-break date and time for this latest invitation round was December 30, 2017, at 06:39:40 UTC. This means that all candidates with a CRS score above 440, as well as those candidates with scores of 440 who submitted their profile before this time, received an Invitation to Apply (ITA) in this invitation round.

Today’s draw is the tenth of 2018 and the fourth in a row to issue 3,500 ITAs, bringing the 2018 ITA total to 31,500.

Immigration, Refugees and Citizenship Canada has increased draw sizes in 2018 from 2,750 at the start of the year to 3,000 in February and March and now to 3,500 for each of the four draws held since the start of April.

Larger invitation rounds can have the effect of lowering the CRS cut-off score, or keeping it lower than smaller draws, which is what we’ve seen in these last four draws. The increase in draw sizes to 3,500 in the draws held April 11, April 25, May 9 and now May 23 has corresponded with a reduction in the CRS cut-off score by six points, from 446 to today’s low of 440.

To find out if you are eligible to enter the Express Entry pool, fill out a free assessment form.

The Government of Canada’s target for 2018 is 74,900 admissions through the three economic immigration classes administered by the Express Entry system — the Federal Skilled Worker Class, the Federal Skilled Trades Class and the Canadian Experience Class. For 2019, the target for these three classes is set at 81,400.

“Seeing the CRS cut-off drop is always a welcome sight, even if it was only by one point,” said Attorney David Cohen, senior partner at the Campbell, Cohen immigration law firm in Montreal.

“We’re not even at the half-way point of 2018 and we’re still a long way off the admissions target for this year, so it’s going to be interesting to see what that means for the CRS score in upcoming draws.”

The following are hypothetical examples of candidates who would have received an ITA in today’s invitation round.

Gary and Rita are married, and are 29 and 31 years old respectively. Each holds a bachelor’s degree and they have both been working as software engineers for four years.. They have each also each written the IELTS and scored an 8 in each category. Neither has ever worked or studied in Canada and the couple entered the Express Entry pool with Gary as the principal applicant. Gary’s CRS score of 440 would have been sufficient to obtain an ITA in the May 23 Express Entry draw.

Pria is 35 years old, has two bachelor’s degrees, and has been working as an accountant for five years. She has an advanced English language proficiency and has never worked or studied in Canada. Her CRS of 441 would have been sufficient to obtain and ITA during the most recent draw from the Express Entry pool.

The CRS Calculator

The CRS Calculator allows you to find out what your score would be under the CRS.

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