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Business Pathways: Buying or Setting Up a Business in Canada

27/9/2018

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An entrepreneur is a person who organizes and operates a business, taking on financial risks in the hope of profit. Entrepreneurs are an important part the fabric of Canada's economy, creating and growing businesses that, at the very least, provide us with products and services and create employment.

Until 2014, Canada had a federal “Entrepreneur” immigration program that granted permanent residence to applicants on the condition that after immigrating they would buy or set up a business in Canada. There were great benefits from the businesses created under the program but monitoring the businesses was very difficult and it often took up to 5 or 6 years for applications to be approved.

However, the demand for those wanting to buy or set up a business in Canada has not changed since the program was cancelled. I am approached regularly by applicants, often business owners and managers, who want to relocate their business or buy a business in Canada because of the market opportunities they have identified in Canada. The good news is that there are visa and immigration options available for those interested in buying or setting up a business in Canada.

Under certain conditions you may qualify to obtain a work permit to buy or set up a business in Canada. The first step is that you must find an acceptable, active business opportunity. There is no list of “acceptable” businesses but the business should be a genuine business, it should be financially viable and it should be logical that given your experience and training you will be able to manage the business when you obtain your work permit. The minimum investment required for the business will be determined on a case by case basis depending on factors such as the type of business you are acquiring, the investment required to achieve the business goals, and where the business is located.

As with any other business transaction you will need a team of experts to assist you in your purchase of the business including a business lawyer to negotiate and finalize the business purchase agreements, you may require a real estate lawyer if there is a property that is part of the business, and you should also have an accountant to review the financial documents of the business and advise with regards to tax planning and related matters.

After you have the business in place and the necessary approvals, the final and critical step is to obtain a work visa to work for your own business. While you may own shares of a business in Canada without a work permit or being a permanent resident, you cannot work for the company until you have a work visa. The application for your work visa is extremely important as the officer will carefully review your application to determine if you will be able to manage the business in Canada. Further, since a work visa is a temporary visa, the officer will look at important factors such as your ties to your home country and your financial ability to pay for your investment in determining whether you will receive a work visa.

Once you receive your work visa you will be able to work in Canada for your own business, managing its day-to-day operations. It is important to note that a work visa is temporary (even though there are options to renew it) and if you are interested in applying for permanent residence later you should make clear plans from the beginning of the process to ensure that the path you choose will be suitable. The requirements for a work visa are different from those required to qualify for immigration. You should seek advice from an experienced immigration lawyer to determine your eligibility for both immigration (based on factors such as your age, education, language ability) as well as a work visa.   
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Top 5 tips for international students looking to study in Canada's Universities and Colleges

26/7/2018

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Are you in the process of deciding which country you want to study in? Are you considering studying in Canada? Below are 5 tips that can help you as you make your decision to pursue higher education in Canada.

Remember if you are studying in Canada for a period of less than 6 months you do not need a study permit. However, you will need a valid visa to enter Canada or if you are from a visa-exempt country you will have to have an eTA. For those who want to study in programs that are longer than 6 months you must have a valid study permit to be enrolled.

1. Decide on your course of study: university or college?
Canada is home to dozens of high caliber universities and colleges that offer a wide range of courses and programs of study from one year diplomas to four year bachelor degrees, and highly specialized masters and doctorate programs. Depending on your interests and goals you will undoubtedly be able to find a program that will be suitable for you.

Historically colleges in Canada offered more vocational programs and universities had a more academic focus. While some colleges still retain specialized vocational programming, many colleges have grown and even offer bachelor programs. In addition, universities today have tried to incorporate more hand-on training in many of their programs and you will be able to find opportunities to participate in co-op programs that will allow you to put the skills you learn in the classroom into practice.

Whether you choose a college or university you want to be mindfull of one thing: if you wish to obtain a study permit the institution you are enrolling in must be a Designated Learning Institute (DLI). Also, if you plan on working in Canada after you finish your studies you should ensure that the program and institution you are enrolling in will qualify you for a post-graduate work permit.

2. Figure out the costs and explore scholarship opportunities
As an international student you will be paying international student tuition fees. These fees can range from $15000 to $45000 per year. There are also additional expenses for books, insurance and of course living expenses. These costs will vary depending on the institution that you choose and the local living expenses. However, you should figure out a budget for your studies and ensure that you have the necessary resources to cover all the expenses. This is particularly important when you are applying for your study permit because you must demonstrate to the visa officer that you have the necessary funds to cover the expenses related to your studies.

You should also note that as an international student you are permitted to work up to 20 hours per week. This income may be a helpful source of additional funds and more importantly a good way to gain experience in Canada. But given the cost of international tuition you cannot rely on this income to pay for your tuition fees.

For gifted international students there are opportunities to receive scholarships and obtain funding, particularly in masters and doctorate programs involving research. You should start your search early to give you enough time to explore these opportunities and prepare your scholarship and funding applications.

3. Look beyond the big cities
While the big universities in Toronto and Vancouver have an international reputation, there are great universities and colleges spread across Canada. From Halifax to Victoria you will find institutions offering outstanding programs and opportunities for international students. If you are planning on working after you graduate and applying for permanent residence there are also special programs in each province aimed at keeping local graduates that may help you in achieving your goal of settling in Canada permanently.

4. Language skills
In Canada you will be studying in one either English or French and entry to any college or university program will require that you demonstrate that you have sufficient language ability. You can do this by providing your language exams up front to show that you meet the language requirements of the institution and receiving an “unconditional acceptance” into the program. In some circumstances it is possible to study English or French at the institution and pass their own language exam to qualify for admission. However, this may impact your ability to obtain a study permit as this is considered a “conditional acceptance”.

There are also language colleges in Canada that offer programs in English and French. While they are popular, unfortunately the policy for granting study permits for these programs is not consistent globally and you are much less likely to get a study permit if there has been a gap of a few years since you last studied.

5. Stay on top of deadlines and paperwork
Studying in Canada can be a very rewarding experience: in addition to the academic experience upon graduation you will likely have an option to work and eventually settle in Canada. However the process of applying for study permits and maintaining your status as a student are very important and at times very complicated. You must make sure that you stay on top of your paperwork and submit your applications before the deadlines to ensure you can legally study in Canada.

When you are first accepted you must apply for a study permit in advance of the start of your study period and as you remain in Canada you must ensure that you apply for any required extensions or change of status applications before your status expires. This will ensure you always remain “in-status” meaning that you are legally in Canada. You should also be mindful of the deadlines for applying for a post-graduate work permit – if the deadline passes and you have not applied you will not be granted a post-graduate work and may be required to leave Canada before gaining any Canadian work experience that could qualify you to apply for immigration.

As you prepare to embark on this exciting path to study in Canada you can consult with an experienced immigration lawyer to better understand these important visa and immigration requirements and deadlines to ensure that the process proceeds as smoothly as possible.


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Competition for International Students: How Canada's Strategies are Attracting the best and brightest

19/7/2018

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The total number of students studying outside their home country has more than doubled since 2001. According to UNIESCO data, in 2017 more than 4.6 million students were studying internationally. With the increased number of international students, countries around the world are creating programs to specifically attract these students and are in direct competition to attract the best and brightest students.

For example Germany's government announced plans in 2013 to increase its number of international students to 350,000 by 2020. With its recruitment plans it was able to reach this goal by the 2016-2017 academic year. Similarly Australia released a strategy in 2016 for international education and by October 2017, the country increased enrollment by international students by 15% over the previous year and had 350,000 international higher education students. Even China, which is the source of the most international students is now among one of the top host countries and it has announced ambitious plans to attract even more international students.

Canada too has hopes to attract 450,000 international students by 2022 and it is very close to achieving this goal as over 300,000 international students chose Canada for the 2017-2018 academic year. So how are international students choosing where to study and how has Canada been such an attractive option for international students?

Given the high calibre of Canada's universities and the wide range of college programs and diplomas it comes as no surprise that Canada is a top choice for international students. While University of Toronto, Waterloo and McGill are internationally renowned, studying at any of Canada's universities and colleges is regarded with great respect. In addition to the great reputation of Canadian universities and colleges, these institutions have created recruitment strategies to specifically increase awareness about their programs and opportunities to attract top talent. These efforts are paying off as more and more students are applying to study at Canadian colleges and universities across Canada.

Once a student has chosen Canada and obtained an acceptance, he or she must have a study permit to be able to study in Canada.The government has also stepped up its efforts to process the study permit applications for international students more quickly and with more reliability. The increased reliability of the visa process makes Canada a safer choice for international students.

Finally, one of the reasons why international students are attracted to Canada is because of the government of Canada's efforts in creating opportunities and pathways to permanent residence and citizenship for international students. Over the last decade, Canada has adopted immigration programs to retain international students upon the completion of their studies.

Students can work while they study and upon completing recognized degrees or diplomas in Canada they qualify for a post-graduate work permit allowing them to work in Canada for up to 3 years. In November 2016 the Express Entry system was changed to introduce points for international students who complete a recognized degree or diploma in Canada, making it easier for international students to become permanent residents. The provinces are also trying to retain international students and offer unique provincial nominee programs for international graduates in their province.

Over the next few weeks I will be writing more about the studying in Canada as an international student. If you have any specific issues you would like see covered please feel free to email me at zeynab@ziaielaw.com.
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Celebrating Canada Day With Canadian Citizenship

28/6/2018

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This Canada day will be extra-special for hundreds of people as they participate in special Canada Day citizenship ceremonies scheduled across the country where they will finally be able to become Canadian citizens.

Through out the 151 years since the enactment of Canada's Constitution Act of 1867 that united the colonies of Canada, New Brunswick and Nova Scotia into a single dominion known as “Canada”, the country has had different rules and regulations for allowing immigrants to enter Canada and how they qualified to become citizens of Canada.

As a dominion under British rule, Canadians were initially classified as “British Subjects”. Over the years a new and separate status of “Canadian national” was created by the Canadian National Act of 1921. Canada continued to gradually gain its independence from Britain which culminated in the Constitution Act of 1982 and Britain ceased to have any legislative authority over Canada.

The current Citizenship Act was amended significantly in 2017 based on the election promises of the Liberal Party and made important changes to the requirements to qualify to become a citizen and equally importantly the right to retain citizenship. Under Canada's current laws there are four ways you can acquire Canadian citizenship:
  1. by birth on Canadian soil
  2. by descent (being born to a Canadian citizen parent) – there are some limited exceptions that I have written about before
  3. by grant or naturalization where you apply to become a Canadian citizen upon meeting the eligibility criteria
  4. by adoption
While the process of citizenship by birth and descent is automatic, for become a naturalized citizen you will need to follow a process set out by the Citizenship Act. Once you apply, Immigration, Refugees and Citizenship Canada (“IRCC”) will first check to ensure that you meet the eligibility critiera: for example have you been physically present in Canada for the requisite number of days or do you have proof of your language ability?

If you pass this initial assessment, you will be invited to write the citizenship exam if you are between 18 and 54 or attend an interview if outside of this age range. Also as part of the assessment IRCC will run background checks to confirm that you do not have any criminal charges or convictions in the past 4 years before your citizenship application that would make you criminally inadmissible for Canadian citizenship.


Once your eligibility has been confirmed you will be invited to attend a citizenship ceremony and take the oath of citizenship. While children under 14 and certain other individuals are exempted, to become a citizen by naturalization you must take the oath of citizenship. The oath of citizenship is a statement that is recited and signed in the citizenship ceremony where you promise or declare your fealty to the Canadian monarch and promise to abide by Canada's laws and uphold the duties of Canadian citizenship. Upon signing the oath of citizenship you will be presented with a citizenship certificate that will be your proof of Canadian citizenship and will make your new status as a Canadian citizen.

If you are interested in attending a citizenship ceremony on Canada Day you can find the times and addresses of local ceremonies here:  https://bit.ly/2yPD80Y​
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Hiring a foreign employee: the case of foreign caregivers

14/6/2018

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Over the last two weeks I have written about the possibility for Canadian businesses to hire foreign workers in Canada when they face a labour shortage. This week I am writing about the case of a special category of employers: families that want to hire a foreign caregiver to work in their home to look after children or a family member with high medical needs.

As with all other visa and immigration categories, the caregiver category has changed greatly in recent years. A few months ago I wrote about changes that would impact the ability of caregivers already in Canada to be able to obtain permanent residence. But what can you do if you want to hire a foreign caregiver? Here are answers to your top three questions as you consider whether and how to hire a foreign caregiver:

1- Can I hire a “live-in” caregiver or nanny?
You cannot require that the caregiver must live with you or the family member that they are looking after. However, it is possible for the caregiver to agree to live with you or the family member that they are caring for. If you come to an agreement with your caregiver for her or him to live in your home, you must:
  • provide accommodation in the form of a private bedroom that is furnished
  • the bedroom door must have a lock and safety bolt on the inside
  • the bedroom must meets the municipal building requirements and the provincial / territorial health standards
  • you cannot charge the caregiver for room and board for the accommodations

2- What is the process for hiring a foreign caregiver?
In order to hire a foreign caregiver, you must be meet the following requirements:


  • Demonstrate that you want to hire someone to provide care on a full-time basis (minimum 30 hours per week).
  • Demonstrate that you want to hire someone to work in the private household where the care is being provided.
  • Prove that you have eligible individuals requiring care (either that your children are under 18 or that your family member has high medical needs).
  • Prove that you have the financial ability to pay the caregivers' wages. You will be required to provide your Notice of Assessment as part of the application process.
  • Prove that have conducted recruitment and advertisement in Canada to try to find a caregiver in Canada before looking for a foreign caregiver.

If you meet these requirements you can submit an application to Employment and Social Development Canada and if your application is approved you will be able to apply for a work permit for your foreign caregiver.

You should also note that once your caregiver is in Canada you must comply with all the requirements of the Ontario Employment Standards Act that sets out the rights that employees have including minimum wage, overtime pay, public holidays, severence pay, and various kinds of leave such as pregnancy leave, medical leave, and so on.

3- What costs are associated with hiring a caregiver?
The process of hiring a caregiver can be complex as described above. It also requires payment of at least the following costs:
  • Employer Compliance fee: $230
  • Labour Market Impact Assessment application fee: $1000 (this is waived if your total family income is below $150,000)
  • Advertising costs: there may be some costs associated with advertising for 4 weeks before we can submit the application (this is one of the trickiest parts of the application)
  • Work permit application fees: $155
  • If biometrics are required: $85
  • Transportation costs for the caregiver to travel to Canada for your caregiver
  • Private health insurance for the first three months before your caregiver becomes eligible for health insurance in Ontario (this will differ in other provinces)
  • Work place safety insurance for your nanny as a monthly premium

You should also note that you are required to provide compensation for your caregiver at the prevailing wage in the area you live. For example, the median wage in Toronto is $14 per hour and you will have to offer the same to a caregiver you wish to employ in Toronto.

Given the complexity of the process and costs involved you should speak with a specialized immigration lawyer to evaluate your chances and create the best path for bringing a caregiver for your family to Canada.
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Hiring a Temporary Foreign Worker Top 5 Questions for businesses that need to fill a labour shortage in Canada

7/6/2018

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There are more than 300,000 temporary foreign workers (“TFW”) in Canada employed across the country in different positions. In order for these individuals to work in Canada they must hold a valid work permit or benefit from an exemption that permits them to work without a work permit. If you are a business owner interested in hiring a TFW the process can be very complex, especially given that hiring a TFW is regulated by Employment and Social Development Canada (“ESDC”) with a rigorous compliance regime for employers.

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If you are looking to hire a TFW to fill a labour shortage because you have not been able to find a Canadian citizen or permanent resident to fill the position, then your business will need to proceed under the Temporary Foreign Worker Program. This program addresses genuine labour shortages in Canada and is intended for employers trying to fill jobs in cases where qualified Canadian citizens or permanent residents are not available.

Below are five questions you should carefully consider when starting to navigate this interesting but difficult process:

1- What kind of position do you want to hire for?
The process of hiring a TFW will start with an understanding of the position you are looking to fill in your business. Are you looking to fill a highly technical position and you have not been able to find anyone with the necessary training or experience in Canada? Or are you looking to fill a low-skill position but cannot find permanent residents or Canadian citizens to fill the position because there is a shortage of low-skill workers in your area?

These types of situations typically require you to apply for a Labour Market Impact Assessment (“LMIA”) from ESDC based on the shortage of labour in the local market. With the LMIA you can then apply to hire a TFW from outside of Canada.

2- Have you made adequate efforts to hire a Permanent Resident or Canadian first?
In order to be permitted to hire a TFW, your business will first need to demonstrate that you have made adequate efforts to hire a PR or Canadian citizen for the position. This is a mandatory step that takes at least one month. Your business must advertise the position in the Canada Job Bank and also undertake a number of other recruitment activities targeted towards hiring PRs and Canadian citizens. If this step is not correctly implemented your business will not be able to hire a temporary foreign worker.

There are some occupations where there is an exemption from the advertising requirement. If one of these exemptions applies to your business or the position you are hiring, then it is not mandatory to demonstrate your recruitment efforts in Canada.

3- Is your business eligible to hire temporary foreign workers?
If you are looking to hire a TFW your business must be economically viable and demonstrate that it is able to pay the salary expenses related to the TFW without reducing your existing work force. Your business must typically provide documents to show its legal status (e.g. incorporation documents) as well as its financial health (e.g. tax returns and payroll documents for existing staff members). Depending on the circumstances of your business you may be asked to provide additional documents such as a commercial lease agreement or major contracts for the business.

4- Are you ready for when the TFW starts working?
Going through the application process to hire a TFW can be challenging, particularly for the first time. But the process is not over when the TFW receives his or her visa and starts working for you. When you apply to hire a TFW you undertake to pay the employee at a particular wage to perform specific job duties and under certain work conditions. There are rules and formula that determine the minimum wage based on the job description and place of employment. For example a graphic designer will have to be paid at least $35.90 per hour if employed in Toronto but in Fredericton, New Brunswick the employee could be paid $30.77 per hour.

You are required to meet these conditions throughout the term of employment of the TFW. For example you cannot reduce the TFW's wages or require them to work for more hours than what you initially requested. This is monitored through various inspections and check-ups from ESDC to ensure your performance. Therefore, it is extremely important that you understand your obligations when you are preparing and submitting your application because there is a requirement for ongoing compliance and there are consequences for the business if you are found deviate from your initial job offer. And you should make sure you have a compliance program in place to be able to track your progress and be able to respond to any requests from ESDC.

5- Is there any way to hire TFWs without applying for an LMIA?
Yes! There are opportunities to hire temporary foreign workers who are already in Canada and who hold an open work permit. The biggest group of open work permit holders are those who have graduated from an eligible post-secondary program and hold a post-graduate work permit. Those with an open work permit can be hired to legally work for you without the need for an LMIA. There are some other exceptions for when you can hire a TFW without an LMIA such as if the person is exempt under a free-trade agreement such as NAFTA to work as a professional or is a high-level executive that is being sent to your business in Canada as an intra-company transferee from a parent or subsidiary company outside Canada. Given the range of options available it is best to seek the advice of an immigration lawyer to assess the best way for your business to proceed.

And don't forget that many of the TFWs that work for you may soon become eligible for permanent residence. Your investment of time and money in hiring a TFW will no doubt pay off when he or she becomes a permanent resident of Canada is an ideal candidate to permanently join your team.
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Working In Canada as a Foreign National: What You Need To Know To Legally Work in Canada Types of Canadian Work Permits

31/5/2018

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According to Statistics Canada, the current unemployment rate sits at 5.8% as of April 2018. This is the lowest rate in over 40 years since the unemployment rate when it was last below 6% in 1976. In some parts of the country we are seeing even lower unemployment rates and there are labour shortages in numerous occupations. Therefore given the current labour market situation in Canada, it is extremely important for employers to be able to reach beyond Canada's borders to hire the employees that they need to meet the needs of their business.

Canada's current Temporary Foreign Worker program is expansive and complicated. There is a need to balance this need to meet the shortages in the labour market while protecting the jobs prospects of Canadian citizens and permanent residents. Therefore, Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada share the responsibility for assessing the eligibility of employers to hire foreign workers and processing their work permit and visa applications.

For most foreign nationals that want to work in Canada they must have a work permit to legally work and receive compensation in Canada. Those who have received an immigration visa and are permanent residents of Canada have no restrictions on their ability to live and work anywhere in Canada. However, by contrast, those who obtain a work permit are restricted in terms of the type of employment they may undertake and are granted a work permit for a limited period of time.

There are a number of different ways to qualify for a work permit and this week I will be writing about the major categories that currently exist under the Immigration and Refugee Protection Act (IRPA) and related Regulations. In the coming weeks I will be writing about the regulation of the Foreign Worker Program and how employers and employees must navigate this system carefully to ensure they comply with all the requirements of IRPA.

Most Common Types of Work Permits in Canada
1) Employer-Specific Work Permits
An employer-specific work permit allows you to work according to the conditions of your work permit, including a specific, named employer, how long you may work and where you may work. If you obtain an employer-specific work permit you may only work for that employer and if you wish to change employers you will have to go through the process to obtain a new work permit for the new employer.

Depending on type of work and who the employer is there are different types of employer specific work permits that you may qualify for. Most employer specific work permits require a Labour Market Impact Assessment (“LMIA”). An LMIA is issued by Employment and Social Development Canada that allows an employer to hire a foreign worker through the Temporary Foreign Worker Program upon showing that the employer was unable to recruit a Canadian citizen or permanent resident and meets the other requirements of the Program.

In addition, in an effort to increase the competitiveness of Canadian businesses, Canada introduced the Global Skills Strategy last year. Under this program employers that want to recruit foreign workers that are facing extreme shortages identified in Canada's Global Talent Stream (occupations such as computer programmers, web developers and software engineers) face a more streamlined LMIA process that is fast-tracked allowing for temporary foreign workers to join the company as quickly as possible. 

There are also a number of employer-specific work permits that are exempt from the LMIA requirement. For example there is no need to obtain an LMIA if an employer wants to transfer one of its employee from outside of Canada to its Canadian operations as long as it meets certain conditions.


There are numerous other provisions of IRPA that allow for granting employer-specific work permits such as for those who are setting up and managing a business that will create significant benefits and create jobs for Canadian citizens or permanent residents

2) Open Work Permits
An open work permit allows a person to work for any employer in Canada (with a few specific restrictions). The most well known type of open work permit is the Post-graduate Work Permit that is granted to those who have completed an eligible period of study in Canada and allows them to work legally in Canada for a period of 1 to 3 years.

Another type of open work permit is a Bridging Work Permit that allows those who are already working in Canada and have applied under an eligible immigration program to be able to remain and work in Canada until their immigration application is processed.

​Others who may be eligible to obtain an open work permit include spouses of some foreign workers and international students as well as refugee claimants or protected persons and their family members.


This is not an exhaustive list of work permit options but includes some of the most common types of work permits available in Canada. In fact since there are numerous exemptions and provisions that allow for other workers to qualify for temporary work in Canada you should speak with an experienced immigration lawyer to seek advice in any particular situation.

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The Wait Continues: Latest Developments in Delays for Canadian Immigration Applications of Iranian Students and Recent Graduates

19/4/2018

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Canada has been working hard to recruit international students and promises those who chose to study in Canada a pathway to permanent residence once they complete their studies and work in Canada for a period of time. But for one group of applicants the reality has become very different. There are currently more than 300 recent graduates or postdoctoral Iranian students in Canada that are facing longer processing times as they are told that their applications are undergoing “security screening”. The problem is so widespread that over the past month CBC, The Globe and Mail and Vice News have all published articles about the plight of more these recent graduates and postdoctoral students that are facing much longer processing times than their counterparts from other countries.

Given the track record of Iranian students for outstanding academic achievement, it comes as no surprise that there are hundreds of masters and doctorate and even postdoctoral students from Iran at universities across Canada. After spending years studying in Canada, many have become socially settled and want to remain in Canada based on the welcome that Canada extends to international students.

These students qualify for immigration under a number of different categories depending on their circumstances, and most often are eligible to apply based on their Canadian studies and work experience in the Express Entry system. According to the Immigration, Refugee and Citizenship Canada (“IRCC”) website, the current average processing time for 80% of applicants as Federal Skilled Workers or applicants under the Canadian Experience Class is 6 months. However, many Iranian applicants have waited much longer, many in excess of a year and some many years.

This is all the more frustrating for those who have been living in Canada as students for several years before submitting their immigration applications. The impact of these delays is causing great distress for these applicants and many find that their lives are on hold as they wait for the final decision from IRCC. In a recent statement, the Iranian Canadian Congress (“ICC”) found that these graduate students “are unable to make long-term plans for their lives, must pay far higher tuition fees than permanent residents, face difficulties in finding employment since their status in Canada is uncertain, and cannot commit to further studies or academic positions because these institutions require assurances that they can stay in the country”.

So what is causing these delays? The answer is “security screening” according to the Minister of Immigration, Ahmed Hussen, and the Minister of Public Safety, Ralph Goodale. Security screening and background checks are an essential part of the immigration process: before a person is granted permanent residence Canada wants to ensure that they do not have any criminal history and do not present a security threat to Canada. However, the question that remains is why screening for applicants of Iranian background is taking much longer than applicants from other countries.

This is the question that has been asked by ICC in their meeting with representatives of the the Minister of Public Safety in Ottawa last week, the Canadian Civil Liberties Association and a number of federal MPs. The only response they have received so far is that the processing times of security screening is affected by how long it takes to receive information, the volume of applications, how easily the information can be verified. Given that there are more than a thousand Iranian immigration applicants in Canada Border Services Agency's current security-check inventory, it is hard to predict how much longer these applicants will have to wait to receive their permanent residence visas and realize their dream of settling in Canada.  
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Toronto's Amazon Hopes - The Promise of Efficient Visa Processing for Talented Workers

25/1/2018

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Amazon Inc. is now the world's third largest retailer. An amazing feat for a company that until recently did not have any physical stores and sold exclusively online. When Amazon announced last year that it was looking for a city to locate a second headquarters outside of Seattle, cities across North America began to work feverishly on bids to be chosen as the site for an investment of $5 billion and the potential to bring in more than 50,000 new jobs. Over 200 cities from across America, Canada and Mexico submitted bids to Amazon. This week the short list of 20 cities was released and to the delight of many it included Toronto, the only city chosen outside of the USA.

So why is Toronto still in the running? One of the biggest challenges facing Amazon, and many other technology companies, is the lack of available talented workers. An immigration system that is flexible and willing to accommodate Amazon's need for thousands of highly skilled workers can make all the difference. In June 2017 Canada launched the Global Talent Stream that allows for two week expedited visa processing for many technology related occupations. In addition, Canada's temporary visa programs offers great flexibility in attracting highly skilled workers to Canada. With more options to apply to remain as permanent residents these skilled workers may be more easily retained once they have worked in Canada for a few years and set down roots. In the current international discussion about immigration, Canada's approach stands out and its efficiency and flexibility are no doubt a big part of the reason that Canada has made Amazon's shortlist.

In addition, Toronto has an existing deep talent pool with more than 4000 active start-ups at the end of 2017. In addition to the universities in Toronto, it is in close proximity to other campuses such as Waterloo, that can provide the needed talent to power these start-ups and companies that have set up large offices in Canada including Google, Microsoft and Facebook. As the largest city in Canada, Toronto is also its commercial and financial centre, home to the largest banks, investment companies and corporations. And of course it is arguably the most diverse city in the world, with more than half of its current population born outside of Canada, and can offer its residents a high quality of life.

There are additional challenges that Amazon will face it it wants to choose Toronto as it must navigate local political pressures including the USA's current “Buy American, Hire American” campaign. In addition, as NAFTA renegotiation talks are still underway, there is the risk that the United States may pull out of NAFTA leading to greater complications in cross-border transactions. Overall, Amazon will have to balance all of these factors against its fundamental need to make sure it can staff its second headquarters with 50,000 employees that will likely not come from the local city but from around the world.

​And there are some in Toronto that are asking the city to proceed more cautiously and are questioning whether we really want an online retailing giant in our city. Given the concerns about the lack of existing high tech talent in Toronto, executives from Toronto's start-up community are concerned that Amazon could soak up all the local high-tech talent, leaving many other companies struggling to find the experts they need for their businesses to operate and grow and may well prevent Toronto from nourishing it's own Amazon-like success. They argue that the new expedited visa programs should be used to help existing start-ups and companies that are facing the current talent shortage and we should be weary of creating a bigger labour shortage. We will have to wait and see what Amazon decides in the months to come.


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2018 Immigration Outlook

11/1/2018

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2017 was a big year of changes for immigration laws in Canada with new programs and developments in existing immigration programs. For the most part Canada's stance in welcoming immigrants was in contrast to negative views towards immigration in the US and much of Europe. As 2018 begins, what can we expect to see in Canada?

Citizenship
Changes to the Citizenship Act came into effect in October 2017 making it easier and faster to obtain Canadian citizenship. This created a rush in new applications and Immigration, Refugees and Citizenship Canada (“IRCC”) reported that they received more than 30,000 new applications in the first two weeks after the changes, more than double what they would have received in each month prior to the change. This will likely mean longer processing times but we hope that the efficient processing of the past two years will continue and IRCC can keep processing times from spiralling out of control.


Express Entry

The Express Entry (“EE”) system of selecting immigrants is still the largest source of economic immigrants to Canada. In 2017 over than 85,000 applicants were invited to apply through the EE system, more than the number of total number of invitations issued in 2015 and 2016. IRCC has made improvements to the EE system in late 2016 that allowed more applicants to qualify. We have also seen the minimum score required to be invited under EE come down to as low as 413 points (May 2017) and if Canada is to meet it's target of attracting one million new immigrants over the next three years there will likely be further downward pressure on the minimum score and we will see more applicants qualify under EE.


Family Sponsorship

The process of registering for the parent and grandparent sponsorship program was changed in 2017 to a lottery system and the same system is in place this year, albeit with some minor changes. IRCC is again set to select 10,000 applicants under this program to fill its annual quota.

The spousal sponsorship program also made news in 2017 as IRCC worked to meet the target of processing these applications within 12 months. By the end of 2017 the average processing time across all visa offices was 12 months, a significant improvement on previous years where families sometimes had to wait years to be reunited in Canada.


New Definition of Dependent Child

IRCC's definition of eligible “dependent children” changed in October 2017 to include children up to 22 years of age. For new applications can now include these dependent children, and in some cases applicants have until 31 January 2018 to add qualifying dependent children to existing permanent residence visa applications.


Provincial Nominee Programs

Provincial Nominee Programs (“PNPs”) allow provinces to identify and select potential immigrants for settlement in their local economy and labour market. While PNPs have existed for many years, the provinces have spent 2017 expanding their programs, providing qualified applicants with more options for settling in towns and cities across Canada. IRCC's target for 2018 is to process 55,000 PNP applications.


Global Talent Stream and Two Week Processing

In June 2017, IRCC introduced the Global Talent Stream (“GTS”) allowing for fast-tracked processing of Labour Market Impact Assessments leading to work permits in as little as two weeks. The program is focused on areas where there are significant labour shortages, particularly in technology related fields, and has so far been a great success in helping Canadian companies attract and bring in much needed employees to develop and grow their businesses in Canada. Amazon and Facebook opened new offices in Canada in 2017 after Google, Apple and Microsoft all expanded their operations in Canada in 2016. These companies, along with hundreds of start ups and medium sized companies are looking to hire workers with the help of the GTS.

For now the GTS is a pilot program but if it continues to build on the success of its first six months we hope that IRCC will keep and expand the program to give Canadian businesses a competitive advantage.

​While 2017 was a year of big changes, there always room for the government to surprise us again in 2018. As Canada works towards its target to admit one million immigrants over the next three years we are likely to see more changes and immigration programs introduced this year.


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    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

    Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 

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