Gazette

Part I

OTTAWA, SATURDAY, JUNE 26, 2010

GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

Updated Ministerial Instructions

Notice is hereby given, under subsection 87.3(6) of the Immigration and Refugee Protection Act, that the Department of Citizenship and Immigration has established the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

These Ministerial Instructions identify immigration applications and requests for priority Processing.

Instructions are directed to officers and their delegates who are charged with handling and/or reviewing applications for permanent or temporary visas to enter Canada.

Authority for Ministerial Instructions is derived from section 87.3 of the Immigration and Refugee Protection Act (IRPA).

The Instructions are being issued to ensure that the processing of applications and requests are conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

The Instructions come into force on their date of publication in the Canada Gazette.

These Instructions apply to applications received by the designated Citizenship and Immigration Canada offices on or after the Canada Gazette publication date.

All Federal Skilled Worker applications received by the Centralized Intake Office in Sydney, Nova Scotia, on a date prior to the Canada Gazette publication date shall continue to be considered for processing having regard to the first set of Ministerial Instructions.

The Instructions are consistent with IRPA objectives as laid out in section 3, specifically to support the Development of a strong and prosperous Canadian economy; to see that families are reunited in Canada; to fulfill Canada’s international legal obligations with respect to refugees and provide assistance to those in need of resettlement; and to respect the federal, bilingual and multicultural character of Canada, including to support and assist the development of minority official languages communities.

The Instructions are compliant with the Canadian Charter of Rights and Freedoms.

The Instructions do not apply to refugees or protected persons or persons making a request on Humanitarian or Compassionate grounds from within Canada.

The Instructions respect all previously established accords and agreements including the Quebec-Canada Accord and all agreements with provinces and territories. Any categories for which Instructions are not specifically issued shall be processed in the usual Manner.

Economic Class applications

All Economic Class applications, with the exception of Federal Skilled Worker, Canadian Experience Class, and federal Immigrant Investor Program applications, shall be placed into processing according to existing priorities, including:

• Quebec Economic applicants;

• Provincial Nominees;

• Other federal Business Immigrant applicants (entrepreneurs and self-employed); and

• Live-in Caregivers.

Federal Skilled Worker applications

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.

Instructions for processing Federal Skilled Worker applications

Federal Skilled Worker applications1 received by the Centralized Intake Office in Sydney on or after June 26, 2010, accompanied by the results of the principal applicant’s English or French language proficiency assessment,2 not exceeding the identified caps and that meet either of the following criteria shall be placed into processing:

1. Applications submitted with an Arranged employment Offer (AEO) consistent with requirements of subsection 82(2) of the Immigration and Refugee Protection Regulations.

OR

1. Applications from skilled workers with evidence of experience in the last 10 years under one or more of the following National Occupation Classification (NOC) codes:

• 0631 Restaurant and Food Service Managers

• 0811 Primary Production Managers   (Except Agriculture)

• 1122 Professional Occupations in Business Services to Management

• 1233 Insurance Adjusters and Claims Examiners

• 2121 Biologists and Related Scientists

2151 Architects

• 3111 Specialist Physicians

• 3112 General Practitioners and Family Physicians

• 3113 Dentists

• 3131 Pharmacists

• 3142 Physiotherapists

• 3152 Registered Nurses

• 3215 Medical Radiation Technologists

• 3222 Dental Hygienists & Dental Therapists

• 3233 Licensed Practical Nurses

• 4151 Psychologists

• 4152 Social Workers

• 6241 Chefs

• 6242 Cooks

• 7215 Contractors and Supervisors, Carpentry Trades

• 7216 Contractors and Supervisors, Mechanic Trades

• 7241 Electricians (Except Industrial & Power System)

• 7242 Industrial Electricians

• 7251 Plumbers

• 7265 Welders & Related Machine Operators

• 7312 Heavy-Duty Equipment Mechanics

• 7371 Crane Operators

• 7372 Drillers & Blasters — Surface Mining, Quarrying &Construction

• 8222 Supervisors, Oil and Gas Drilling and Service

——— ———

1 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.

2 Only test results from a third-party language testing agency designated by the Minister of Citizenship, Immigration and Multiculturalism will be accepted (as outlined in s. 11.5 of OP 6 and s. 9.6 of OP 25 — www.cic.gc.ca/english/resources/manuals/op/index.asp). Applicants must be tested in reading, writing, speaking and listening.

3 Applicants will have one year of continuous full-time or equivalent paid work experience in at least one of the listed NOCs and not combined partial year experience in multiple NOCs.

No H&C requests to overcome requirements of Ministerial Instructions

Requests made on the basis of Humanitarian and Compassionate grounds that accompany a Federal Skilled Worker application not identified for processing under Ministerial Instructions will not be processed.

Canadian Experience Class

Canadian Experience Class applications received by the designated Citizenship and Immigration office on or after June 26, 2010, must be accompanied by the results of the principal applicant’s English or French language proficiency assessment (see footnote 2 for what constitutes an acceptable test).

Investor Class applications

Administrative Pause

No federal Immigrant Investor application will be accepted unless it is post-marked or received by the designated CIC office before June 26, 2010. This pause will extend until the coming into force of proposed regulatory amendments to the definitions of “Investor” and “Investment” applicable to Business Immigrants in Division 2 of Part 6 of the Immigration and Refugee Protection Regulations.

Priority Processing

Federal Immigrant Investor applications received on or after the coming into force of the proposed regulatory amendments to the definitions of “Investor” and “Investment” applicable to Business Immigrants in Division 2 of Part 6 of the Immigration and Refugee Protection Regulations shall, as a category, be processed concurrently with those federal applications received prior to the administrative pause in a ratio consistent with operational requirements.

Family Class applications

Family Class applications will be processed in the same manner and with the same priorities as usual.

Humanitarian and Compassionate requests

Requests for Humanitarian and Compassionate consideration made from outside Canada will be processed in the usual manner, except in the case where the request accompanies a Federal Skilled Worker application not identified for processing under Ministerial Instructions as stated above.

Temporary Resident applications

All applications for temporary residence, including Temporary Foreign Workers, Foreign Students and Visitors shall continue to be placed into processing immediately upon receipt.

Retention/Disposition

Applicants to the Federal Skilled Worker Program, the Canadian Experience Class or the Federal Immigrant Investor program whose applications are received by the designated Citizenship and Immigration Canada office on or after June 26, 2010, and which do not meet the criteria described above shall be informed that their application will not continue for processing and shall be returned with their processing fees.

Ottawa, June 15, 2010

“If Canada wants to succeed in the global economy, our country must be able to attract and retain immigrants with the skills it needs today while preparing us to face the challenges of the future,” said Jason Kenney, federal Minister for Citizenship, Immigration and Multiculturalism. “After today’s discussion, I am confident that our governments’ combined efforts will help position Canada as a destination of choice for the world’s best and brightest, while continuing to maintain our humanitarian tradition.”

“Immigration is important to all provinces and territories,” said Ramona Jennex, Nova Scotia’s Minister of Immigration on behalf of her provincial and territorial colleagues. “We agreed here to improve our cooperative approach to immigration to ensure its benefits are shared across the country. We are pleased that future meetings will be co-chaired by the federal and provincial governments.”

This meeting occurs at a time when the increasing importance of immigration to Canada’s competitiveness is undisputed. Within the next few years, Canada’s labour force growth will depend on immigration. Welcoming immigrants with the skills we need is essential to build Canada’s future labour force.

Ministers agreed that the future of immigration would embrace welcoming and supporting newcomers to join in building inclusive, diverse and vibrant communities and a prosperous Canada. This recognizes the increased involvement of provinces and territories in jointly managing the immigration system, as well as Quebec’s responsibility under the Canada-Quebec Accord.

Ministers discussed the importance of planning immigration levels on a long-term basis to make immigration more responsive to economic and regional needs. As Canada emerges from the recession, we must also continue to ensure skilled workers selected are those most likely to succeed.

Minister Kenney reported on progress made in reducing the backlog for federal skilled worker applications under the Action Plan for Faster Immigration, but that applications are once again above the level that can be processed in a timely way. Ministers discussed the need to remain flexible in order to control the flow of applications, while working to allow provincial nominee programs to respond to emerging labour market needs.

The ability of immigrants to succeed in Canada’s labour market is also critical to building an immigration system that is responsive to Canada’s economy. Given provincial and territorial responsibility for recognizing foreign credentials, ministers discussed work to date on the Pan-Canadian Framework for the Assessment and Recognition of Foreign Qualifications. As the Framework states, all governments are working towards the common goal of ensuring that foreign qualifications are recognized in a fair, consistent, transparent and timely manner.

Ministers recognized the continued importance of supporting settlement and integration programs being delivered across the country to ensure the successful integration of newcomers into their communities. Ministers agreed to work together to improve measuring and reporting outcomes, and committed to developing a pan-Canadian framework that would establish a common set of successful settlement indicators across jurisdictions, as well as an assessment of service delivery models. Under the Canada-Quebec Accord, Quebec is responsible for its own settlement services including the evaluation of its programs. However, the province will share best practices as part of this exercise.

As well, Ministers agreed that Canada must increase its vigilance and cooperation to prevent and reduce fraud in the immigration system.

Ministers also committed to work together to ensure that Canada continues to improve its standing as a destination of choice for international students seeking a quality education.

Underlying all of these discussions was recognition of the unique needs of provinces and territories, as well as Canada’s values of diversity, inclusiveness and equality of opportunity.

For further information (media only), please contact:

Alykhan Velshi
Minister’s Office
Citizenship and Immigration Canada

Tom Peck
Director of Communications
Nova Scotia Office of Immigration
902-424-3742
peckto@gov.ns.ca

Media Relations
Communications Branch
Citizenship and Immigration Canada
613-952-1650
CIC -Media-Relations@cic.gc.ca

The Cracking Down on Crooked Consultants Act would strengthen the rules governing those who charge a fee for immigration advice, close immigration system loopholes currently exploited by crooked consultants, and improve the way in which immigration consultants are regulated.

“While most immigration consultants working in Canada are legitimate and ethical, it is clear that immigration fraud remains a widespread threat to the integrity of Canada’s immigration system,” said Minister Kenney. “The Cracking Down on Crooked Consultants Act will better protect prospective immigrants from crooked consultants and help safeguard our immigration system against fraud and abuse.”

The Act would make it a crime for unauthorized individuals to provide immigration advice for a fee. It would also amend the Immigration and Refugee Protection Act so that fees for immigration services could only be charged by authorized consultants, lawyers and notaries who are members in good standing of a governing body authorized by the Minister. This includes services performed before an application is submitted or a proceeding begins, thus closing a loophole in the current framework regulating consultants.

“Crooked immigration consultants victimize people who dream of immigrating to Canada,” said Minister Kenney. “Worse still, there is evidence that these individuals encourage prospective immigrants to lie on their immigration applications, to concoct bogus stories about persecution when making refugee claims, or to enter into sham marriages with Canadian citizens and permanent residents. This undermines the integrity and fairness of Canada’s immigration system.”

Accompanying the Minister today was a family featured in a Citizenship and Immigration Canada ( CIC ) video warning would-be immigrants to be wary of immigration fraud.

The Cracking Down on Crooked Consultants Act would also give the Minister the authority to designate a body to govern immigration consultants and establish measures to enhance the government’s oversight of this body.

In addition, the legislation would close another loophole in the current framework which prevents information sharing. It would allow CIC to disclose information relating to the ethical or professional conduct of a member of a provincial bar or the Chambre des notaires du Québec or a member of the Canadian Society of Immigration Consultants, the body currently governing immigration consultants, to those responsible for governing or investigating that conduct.

The Minister is also taking immediate steps to address a lack of public confidence in the regulation of immigration consultants. In addition to tabling this bill, a Notice of Intent will be published on June 12, 2010, in the Canada Gazette. It will announce CIC ’s intention to launch a transparent public selection process to identify a governing body for recognition as the regulator of immigration consultants, under current authority. The Notice of Intent will request comments from the public on the proposed selection process.

“The body regulating consultants must regulate effectively and must be held accountable for ensuring that their membership provides services in a professional, competent and ethical manner,” said Minister Kenney.

For further information (media only), please contact:

Alykhan Velshi
Minister’s Office
Citizenship and Immigration Canada

Media Relations
Communications Branch
Citizenship and Immigration Canada
613-952-1650
CIC -Media-Relations@cic.gc.ca

- foundation degree
- degree
- postgraduate
Following the earlier announcement of a new set of measures to tighten the criteria on student Tier 4 visa applications, the following changes come into effect from today 3 March 2010:

• The minimum level of English language course has been raised to level B2 of the Common European Framework of Reference for Languages (CEFR). Students will therefore need a higher level of English at a minimum level of B1 of the Common European Framework of Reference for Languages to come and study an English language course in the UK.  Exceptions apply to Government sponsored students and specific pre-sessional English courses.
• If you are coming to study below degree level (excluding foundation degree students) you will only be able to work 10 hours a week (this has been reduced from 20 hours).
• If you are studying for a course under Tier 4 for less than 6 months, you will no longer be able to bring your dependants.
• Dependants of anyone studying a course lower than degree level (excluding those on foundation degree courses) will no longer be able to work (unless they qualify in their own right under Tier 1 (General) as a highly skilled migrant or as a skilled worker under Tier 2 General, sportsperson or minister of religion).

If you have submitted and paid for your application before 3 March 2010, you will be considered against the rules in force at the time.

Please check the Tier 4 General and Child Student guidance on this website for full details of the changes.

Further changes will be introduced from April 2010.

A joint pilot project called the Student Partners Program was launched in April 2009 between Canada’s visa offices in India and twenty member colleges of the ACCC. The goal of the program is to increase the approval rate for study permit applications.

In 2008, India ranked seventh with 3,244 people in terms of source countries for students.

The total number of international students in Canada has more than doubled since 1998 to 178,000 and their presence provided employment for over 83,000 Canadians last year. A 2009 study commissioned by Foreign Affairs and International Trade Canada found international students contributed more than $6.5 billion to the Canadian economy in 2008.

“International students contribute to the cultural life and economic success of colleges and institutes and of the communities they serve. In partnership with Citizenship and Immigration Canada (CIC), we have doubled the approval rate of visas for students from India coming to Canadian colleges.

During the first nine months of the launch of the program, CIC’s visa offices in India received over 4,000 applications in the program. The program has successfully met its objective: the approval rate for the first group of students under the program coming to study this past September was more than double the approval rate for the same colleges the preceding year. Furthermore, 95 percent of the students remain in good standing at an ACCC college. Processing times within the program are faster than the global norm, with an average of about two and a half weeks.

The Government of Canada will continue to look at ways to encourage international students to study in Canada.