Victor Ing will present at Business Immigration Law Fundamentals 2016—Show Me The Money at the Pan Pacific Hotel in Vancouver.
Immigration has been a popular subject in the news in the past several weeks since Conservative leadership candidate, Kellie Leitch, suggested that potential immigrants should be screened for “anti-Canadian values”. This suggestion has been heavily criticized and dissected in the media. Some have dismissed the idea as being anti-Canadian in itself, while others have criticized the idea as simply “unworkable”. We can likely all agree that there is such a thing as “Canadian values”, but is the idea of screening for them really unworkable or just unpopular, or both? Here are some considerations from an immigration processing standpoint.
We are frequently approached by self employed business people who are interested in establishing Canadian operations and would like to immigrate to Canada as well. You would think that Canada would be welcoming of the entrepreneurial spirit that business self starters bring to the economy in terms of both tax revenue and job creation. Yet Canada's current immigration program is very limited in options for self-employed business people. Let's review what immigration options are available for the business person.
As long as there are immigration programs in Canada there will always be debate about whether we should be encouraging more or less immigration to this country. How many immigrants should we admit every year and in what program categories? What is the right balance?
Canada welcomes over 120,000 international students each year. Many students come to study English or French to improve their language skills. Some students come for the cultural experience of living and studying in a different country. Most students come with the goal of obtaining Canadian work experience and ultimately, permanent residence. Here are some tips for achieving that goal.
I am often approached by people who wish to extend their stay in Canada as visitors, workers or students and have questions about their immigration status that are about to expire.
Temporary entry to Canada - whether as a visitor, student, or worker - is a privilege and not a right. Whether you are coming to Canada from a visa exempt country or even if you have been granted a visa, your entry to Canada is not guaranteed and you must be prepared to explain the purpose of your entry to Canada to a border official. This reality may be particularly perplexing for someone who has already applied for and obtained a visa from overseas. The visa merely allows you to present yourself at Canada's door - it is not assured that you will be able to enter. And do not presume that the information that you presented at the Canadian visa office abroad, will be available to the Canada Border Services Agency (CBSA) officer at the port of entry. You need to be prepared that you will be making this application essentially all over again to assure the border official that you are seeking entry to Canada for a valid purpose. Be sure to bring all the necessary supporting documentation for your proposed stay. The same is true for a student or worker.
Canada welcomes tens of thousands of workers every year to become permanent residents under it’s Economic immigration program. These programs focus on attracting the best and the brightest from around the world to bring their skills and experience to Canada. Often, many of these workers already have job offers in Canada in managerial, professional or technical positions. However, there is currently no federal pathway to permanent residence for low or semi-skilled workers other than the Caregiver class. Under Canada’s immigration program, low and semi-skilled workers do not qualify to apply for permanent residence under Canada’s Express Entry System, leaving it to Canada’s provinces and territories to attract and retain these overlooked but important workers.
I am frequently approached by people who say to me "I want to get my Canadian citizenship - what do I need to do?" To which I reply, "Well, you need to walk before you run". Which means, you firstly need to become a Permanent Resident of Canada, and then, after several years, you may apply to become a Canadian citizen if you meet all the criteria. Let's look at the difference between what Permanent Residency and Citizenship entails.
It has been over two years since June 2014 when the federal government permanently shut down the federal immigrant investor pathway to Canadian permanent residence. Under the former program, foreign investors and entrepreneurs could obtain permanent residence in exchange for a one-time lump sum investment to Canada. The program was finally scrapped over widespread criticism that it was not generating long-term benefits for Canadians and because many viewed the program as a way for immigrants to buy their way to Canadian citizenship. Unsurprisingly, the new immigration Minister, the Honourable John McCallum, has already publicly stated that there are no current plans to restart or reinvent the troubled program.
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