Immigration to Canada

Immigration to Canada

Throughout the world, Canada is known as a prosperous and strong nation valued for its stability, respect for diversity and democratic institutions.  With a huge landmass, a relatively small population and abundant natural resources, it has prospered to the point where a recent United Nations study lists it as the best place in the world to live.  This is why Canada has recently become the destination of choice for many of the world’s immigrants. 

The Canadian Government is committed to admit 265,000 newcomers to Canada as permanent residents for year 2010.  This is an increase of 28,000 new permanent residents admitted for 2009. On a per capita basis, this level of immigration ranks among the highest in the world.  Unlike the United States and other countries, there is no quota based on nationality.

Canada needs more immigrants.  The 2001 census, released by Statistics Canada, showed a decline in the rate of increase in Canada’s population.  Immigration was declared the primary contributor to the national population increase of 4 percent, ahead of birth rates and natural increase for the first time since the Second World War.  In a few years it will be the only source of increase in Canada’s population.

New Regulations 

Under changes to the Immigration Act which went into effect on June 26, 2010, a skilled worker is only eligible to qualify and apply if:

      a) you or your spouse/partner have at least one year of continuous full-time or equivalent paid work experience in the last 10 years in one or more of the occupations listed below:

*NOC (National Occupational Classification Numbers) 

NOC 0631 Restaurant and Food Service Managers

NOC 0811 Primary Production Managers (Except Agriculture)

NOC 1233 Insurance Adjusters and Claims Examiners

NOC 2121 Biologists and Related Scientists

NOC 2151 Architects

NOC 3111 Specialist Physicians

NOC 3112 General Practitioners and Family Physicians

NOC 3113 Dentists

NOC 3131 Pharmacists

NOC 3142 Physiotherapists

NOC 3215 Medical Radiation Technologists

NOC 3222 Dental Hygienists & Dental Therapists

NOC 3233 Licensed Practical Nurses

NOC 4151 Psychologists

NOC 4152 Social Workers

NOC 6241 Chefs

NOC 6242 Cooks

NOC 7215 Contractors and Supervisors, Carpentry Trades

NOC 7216 Contractors and Supervisors, Mechanic Trades

NOC 7241 Electricians (Except Industrial & Power System)

NOC 7242 Industrial Electricians

NOC 7251 Plumbers

NOC 7265 Welders & Related Machine Operators

NOC 7312 Heavy-Duty Equipment Mechanics

NOC 7371 Crane Operators

NOC 7372 Drillers & Blasters – Surface Mining, Quarrying & Construction

NOC 8222 Supervisors, Oil and Gas Drilling Service

AND

b)      You or your spouse/partner have a total pass mark of 67 in the six selection factors in the skilled worker points grid.  The six selection factors are:

1)     your education

2)     your abilities in English and/or French

3)     your work experience

4)     your age

5)     whether you have arranged employment in Canada

6)     your adaptability

c) In order to be considered, applications must be completed according to the application kit requirements in place at the time the application is received by the designated office.
d)Applications must be accompanied by the results of the principal applicant’s English or French language proficiency assessment (General IELTS test (English) and/or TEF test (French)). Applicants must be tested in reading, writing, speaking and listening.

e)Cap on the number of applications to be processed per year.

A maximum of 20,000 Federal Skilled Worker applications, without an offer of arranged employment, will be considered for processing each year. Within the 20,000 cap, a maximum of 1,000 Federal Skilled Worker applications per National Occupation Classification (NOC) code will be considered for processing each year. In calculating the caps, applications will be considered in order of the date they are received. Applications received on the same date will be considered for processing having regard to routine office procedures. For the unique purpose of calculating the caps, the first year will begin on June 26, 2010 and end on June 30, 2011. Subsequent years will be calculated from July 1st. to June 30th unless otherwise indicated in a future Ministerial Instruction.

If you qualify and are eligible to apply as a skilled worker according to the above criteria, you, your spouse and dependent children will receive visas for Permanent Residence to Canada in 6 to 12 months irrespective of your country of residence or where your application is filed.  No offer of permanent employment is required.  This is a major acceleration of processing times for skilled worker applications filed at the present time compared to processing times of applications filed  before February 27, 2008 which are taking 2-6 years. 

Under present regulations new skilled worker applications are first filed and assessed at a Central Processing Centre in Canada. 

If you do not now qualify under the Federal Skilled Worker Program, you may qualify under the Quebec Skilled Worker Program. It has the following advantages:1) There are a greater number of acceptable occupations to qualify.
2) There exists a broader acceptance as a skilled worker according to the general background history of the applicant.
3) There exists no annual cap or maximum number of applications received for each acceptable occupation.
4) No English or French language tests to take to qualify.
5) No offer of employment is required to qualify.
6) Fast processing times of 12 to 15 months.
You can determine if you qualify under the Quebec Skilled Worker Program by referring to the Quebec Government website at www.immigration-quebec.gouv.gc.ca/. Click on “Permanent Workers”. Complete the Self Assessment questionnaire “evaluating online your chances of being selected by Quebec”.
If you qualify, send me a copy of the assessment result and I will advise you further by return e-mail

Why use a lawyer for assistance and advice?

1)      The visa application process for Permanent Residence is not simple and straightforward.  Citizenship and Immigration Canada (CIC) has many policies, rules and procedures that change frequently.  An experienced immigration lawyer has current knowledge of these changes, which enables him to properly serve the interests of his clients. 2)  An experienced lawyer should be able to assess an individual’s case at the initial stage of the immigration process, to recommend the category under which to apply (Skilled Worker, Entrepreneur, Investor or Self Employed) and the likelihood of obtaining Landed Immigrant status.   3)  If a problem arises during the application process, the assistance of a lawyer can prove essential.  With our complete assistance and preparation package I will offer you unlimited support throughout the application process. 4)  The assistance of an experienced immigration lawyer can help expedite and ensure the more successful processing of an application.  Failure to complete all the necessary forms accurately and to provide all the necessary supporting documentation can result in delays and potentially, rejection of the application. 5) The lawyer can prepare the applicant for the interview with the immigration officer. 

We prepare applications for any destination in Canada.  Our complete assistance will save you considerable time and effort, ensure the accuracy of your application, and maximize your chances for success.

It is in your best interest to be properly informed or your chances tor success before you decide to submit an application for Permanent Residence in order to avoid spending a great deal of time, effort and money needlessly.  If you wish to take advantage of our complete assistance and preparation package we will start the procedure by asking you to complete the questionnaire on the “Free Assessment” link on this website.  Any information that you provide to our firm is kept strictly confidential and cannot be viewed by anyone else on the Internet. Your completed questionnaire will help us to assess your qualifications and the likelihood of your being accepted for Permanent Residence.  To supplement the questionnaire please forward a resume or CV if available. 

There is no charge for this assessment, which will be forwarded to you within 24 hours from the time that your completed questionnaire is received by our firm.  The questionnaire may be completed online or alternatively you may print and complete the questionnaire and mail or fax it to our firm.  In order to assist us in the assessment, we require a detailed description of your duties and responsibilities in your current and previous employment for up to the last 10 years.

We will conduct a professional analysis of your qualifications from the viewpoint of current Canadian Immigration regulations and in accordance with the Canadian Immigration Department’s selection criteria.  If necessary, we will assess your spouse or unmarried live-in partner (if applicable).

If our firm determines that we can assist you to immigrate to Canada we will recommend the type of Visa for which you can qualify.

My professional fees for assisting you, your spouse, and your dependent children, if applicable, throughout the application process are lower than most other Law Firms or Immigration Consultants. Our service is fast and efficient and you have the benefit of our extensive experience and expertise.Furthermore, you will personally benefit from the excellent reputation and very good relations we have with Citizenship and Immigration Canada (CIC) and Canadian Embassies worldwide. 

For the preparation and completion of an application for Permanent Residence to Canada including a complete range of services related to the application process, we charge a total fee of US$1,200. We request a down payment or retainer of US$900 to commence the process. The balance of our fee of US$300 is payable when your application package has been completed and is ready to be sent to you by e-mail. This is a promotional fee for a limited time only. This fee is 40% less than the average fees charged by other Canadian Immigration Lawyers and Immigration Consultants for the same services provided. My fee includes a national job search program. This fee covers the principal applicant, his/her spouse/partner and dependents (if applicable). There are no additional fees or disbursements due to my office in the future. Upon receipt of my retainer of US$900. I will forward to you by e-mail the same day an application package, which contains a signed contract, a sample of which is attached, the application form(s), document checklists, settlement information, instructions and information necessary to commence the immigration process to Canada. We will ask you to complete the application(s) in draft form and send them back to us for preparation, with a copy of each required document to be filed at the Canadian Embassy in support of your application. We will study and analyze these documents to determine if they are adequate. When I have completed your application(s) I will send you by e-mail the completed application package consisting of the completed application(s), my letter of support on your behalf to the Canadian Embassy, a detailed assessment of your points, a description of the NOC title under which you have been assessed, police certificate information, an interview guide, and any other information required for the proper filing of your application. I will also commence a job search on your behalf.

Included in my services and fees of US$1,200 is a national search to determine if you can be nominated or qualify under one or more of the nine Provincial Nominee Programs (PNP) including the Quebec Selection Program. Each of these Provinces have different selection criteria, passmarks and procedures. In recent years, the Canadian Government has entered into bilateral agreements with nine Provinces and one Territory allowing these Provinces to nominate a pre-determined number of persons to become permanent residents of Canada whose job skills can be matched with the skilled worker shortages in that Province.

You can be nominated by obtaining a validated job offer from an employer in a particular Province and/or by having work experience in an occupation on the high demand occupation list of that Province. If you are nominated by a Province, you will be able to obtain a visa for permanent residence to Canada for you and your family within six to nine months instead of several years as required now under the existing Federal Skilled Worker Program.Furthermore, there is no legal minimum length of time required to live and work in a province where you are nominated.

The process begins with the preparation of an application for permanent residence to Canada for yourself, your spouse and dependent children (if applicable) under the Federal Skilled Worker Program. At the same time, we will investigate nationally whether you can be nominated under one or more of the nine Provincial Nominee Programs.

A carefully prepared application by a professional such as an immigration lawyer offers the best chance for a speedy decision.

If you proceed with an application for Permanent Residence you will also be responsible for the following fees payable directly to the Government of Canada:

(1) CAN$550 Government of Canada filing fee each for you and your spouse or unmarried live-in partner and each dependent child who is 22 years of age or older (if applicable). This fee is payable when the application is filed at the Canadian Embassy and is not refundable.

(2) CAN$150 Government of Canada filing fee for each dependent child under the age of 22 (if applicable). This fee is non refundable.

(3) CAN$490 Right of Permanent Residence Fee each for you and your spouse or unmarried live-in partner and each dependent child who is 22 years of age or older. This fee is payable only if the visa is issued by the Canadian Embassy and is refundable if the application is rejected.

We very carefully assess the qualifications of applicants for permanent residence and therefore, our success rate is nearly 100%.  If your application for Permanent Residence is rejected for any reason other than health, crime, security, intentional misrepresentation or omission of information on your application form(s), we will promptly refund all Attorney fees paid by you.  No such refund will be made should you withdraw your application for Canadian Permanent Residence voluntarily or if a Canadian Embassy refuses for any reason to process your application for permanent residence to Canada.

If you decide to take advantage of our complete assistance for the preparation of your application for Permanent Residence to Canada, we will represent you in all matters related to obtaining a Permanent Resident Visa. In addition we will assist you in obtaining information concerning living conditions in Canada. (e.g.: salaries, housing costs and accommodation, cost of living, schooling, health care costs, climate in various regions, etc.)

I will forward to you free of charge a detailed computer printout (CAIPS file) of your immigration file at the Department of Immigration at any time you request it (a US$75. value). Only a Canadian citizen or Permanent Resident of Canada is permitted by law to obtain this information. At the present time this is the only guaranteed procedure to obtain an up to date meaningful status report of an immigration file at a Canadian Embassy or Consulate.

For the majority of our clients, finding employment in Canada is a vital and crucial objective. As part of our complete assistance package we carry out extensive job searches in all parts of Canada by matching the client's occupation and experience with the existing requirements of employers. We contact employers and employment agencies nationally in order to obtain an offer of employment. We strive to give you the widest possible exposure to the Canadian labour market before your arrival in Canada as a Landed Immigrant. We forward to you written responses from employers and employment agencies and a report of our job search activities on your behalf. You will also receive a list of available job openings for your occupation across Canada in addition to Canadian career sites on the Internet.

Our policy is to give careful consideration to every case and to your specific requirements. We offer continuous guidance and monitoring of your application throughout the entire application process. Our fees are low and reasonable. Our service is fast and efficient. We have processed more than 4,000 applications for Permanent Residence to Canada. We have assisted a great many successful applicants worldwide and we will be pleased to have an opportunity to help you to immigrate to Canada. I will personally answer all your inquiries at any time by telephone, e-mail, fax or mail.

Of Interest to Engineers

The Canadian Council of Professional Engineers has approved a provisional two-year license in all provinces and territories. The license will instantly qualify immigrants to work in an apprenticeship capacity while they pursue supplementary training toward a permanent license. Furthermore, potential immigrants will be able to prepare for certain Canadian engineering requirements prior to immigrating, such as writing the professional practice exam. The CCPE will have an official database of recognized foreign degrees to provide information about additional education that may be required, plus another website detailing Canadian engineering requirements in each province. The Canadian Council of Professional Engineers will offer further assistance to engineers by offering a working in Canada seminar for new immigrants. These developments will have a dramatic, positive effect on how skilled workers, trained as engineers, will be counseled, licensed and recruited. Our clients will be provided with further details of this program.

CONTRACT

To: ________________________________________________________________
Name of client and address

1) My total fees for preparation of an application for Permanent Residence to Canada for yourself, your spouse/partner and dependent children (if applicable) are US$1,200. I request a down payment or retainer of US$900 to commence the process. The balance of my fee of US$300 is payable when your application package has been completed and is ready to be sent to you by e-mail. No additional attorney fees or disbursements in the future are required.
2) I shall be responsible for performance of the following duties:

a) Assessment of your qualifications in accordance with current Canadian Government selection criteria and pass mark.

b) Carrying out a national search to determine if you can be nominated or qualify under one or more of the nine Provincial Nominee Programs (PNP) including the Quebec Selection Program.
c) Assist in the preparation of the Canadian Government application forms for yourself, your spouse/partner and dependent children (if applicable).

d) Advising and instructing you as to which documents are required to be filed in support of your application.

e) Analyzing and studying in detail the draft applications submitted by you to me for redrafting and completion.

f) Submitting to you a final draft of the applications with a detailed letter of instructions outlining errors, omissions, corrections and changes to be made by you before filing at the designated Canadian Embassy.

g) Drafting a letter on your behalf to the designated Canadian Embassy outlining your qualifications and supporting your application for a Permanent Resident Visa.

h) Providing you with information to obtain eligibility and licensing by a professional association in Canada.

i) Monitoring your file throughout the immigration process at the Canadian Embassy/Consulate where your application was filed.

j) Forwarding to you free of charge a detailed computer printout or status report (CAIPS file) of your immigration file at the Department of Immigration at any time you request it (a US$75 value). Only a Canadian Citizen or Permanent Resident of Canada is permitted by law to obtain this information.
k) Preparing you for an interview at the Canadian Embassy/Consulate if it is required.

l) Conducting national job searches related to your occupation before the interview if required and doing additional job searches once the visa is issued and before landing in Canada.

m) Making written representations on your behalf to the Canadian Embassy/Consulate where your application was filed throughout the process as necessary.

n) Answering an unlimited number of inquiries from you promptly, either by e-mail, fax, mail or telephone to provide you with continuous guidance throughout the process.

o) Advising you on living conditions in the various parts of Canada including cost of living, wages, accommodation, schools, health insurance, etc.

p) Undertaking to use my best efforts at all times to assist you and your dependents to obtain Canadian Permanent Resident Visas.

q) Should your application for Canadian Permanent Residence be refused for any reason other than health, criminality, security, misrepresentation or omission of information on your application, I will promptly refund to you all attorney fees paid by you.  No such refund will be made should you voluntarily withdraw your application for Permanent Residence to Canada or if a Canadian Embassy refuses for any reason to process your application for permanent residence.

Signed at Montreal, Quebec, Canada this ______ day of ______, 2010.

_________________________________________

Leonard Simcoe

Lawyer