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Full-time Experience Requirement for CEC Applicants to be Cut in Half!

Posted by kanrisha in blog - (Comments Off on Full-time Experience Requirement for CEC Applicants to be Cut in Half!)

Citizenship and Immigration Canada intends to reduce the work experience requirement for eligible temporary foreign workers applying under the CEC (Canadian Experience Class) to stay permanently, in order to make Canada’s immigration system more flexible and responsive to labour market needs. One major benefit of the change would be to make it easier for skilled tradespersons working in Canada to transition to permanent residence as their work is often project-based and can be seasonal.

Currently, to be eligible to apply, applicants under the temporary foreign worker stream of the Canadian Experience Class (CEC) must have acquired 24 months of full-time work experience within the last 36 months. Under the proposed regulatory changes, the requirement would be reduced to 12 months of experience.

In order to qualify under the CEC, the work experience must be acquired in jobs that are classified under the National Occupation Classification (NOC) system as category 0, A or B occupations – generally, those are management, professional or highly skilled technical positions. Jobs in NOC categories C and D (semi-skilled or unskilled) do not qualify for CEC.

If you need more information about the Canadian Experience Class or whether your occupation would qualify, please send your enquiries to info@premiercic.com for a free assessment.

CIC Changes Spousal Sponsorship Rules

Posted by kanrisha in blog - (Comments Off on CIC Changes Spousal Sponsorship Rules)

Citizenship and Immigration Canada has changed the rules for spousal sponsorship, adding a 5-year waiting period before a person who is sponsored to come to Canada can sponsor someone else as a spouse, common-law partner, or conjugal partner.

Here is what the new law says, with the changes highlighted in bold:
130. (1) Sponsor – Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a PR visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or PR who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

(2) Sponsor not residing in Canada – A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a PR.

(3) Five-year requirement – A sponsor who became a PR after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor became a PR not less than five years immediately preceding the day on which the application referred to in subsection (1) is filed by the sponsor.

This change was made because the government has been concerned about people who get a Canadian or Permanent Resident to sponsor them, and then immediately dump their sponsor (who is still financially responsible for them for 3 years) in order to bring someone else to Canada.

The government is also thinking about making Permanent Residence conditional for 2 years, for sponsored spouses. More about that in our next blog post.

If you need more information about these important changes or have any other immigration questions, please contact us at info@premiercic.com and let our immigration experts help you.

Changes to the Live-in Caregiver Program

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The live-in caregiver program has long been plagued by various problems, from the length of time it takes to process an application to potential exploitation of caregivers. The requirement that the caregiver live in the home makes it difficult to draw the line on overtime and to draw clear boundaries between caring for children and the elderly and general housekeeping duties.

Citizenship and Immigration Canada has taken a lot of criticism over the program and has taken some steps over the past couple of years to improve it and to protect live-in caregivers. Changes include:

– allowing live-in caregivers to apply for permanent residence after 3,900 work hours, rather than two years of work, to ensure overtime is appropriately recognized;
– eliminating the need for a second medical examination when the caregiver applies for permanent residence;
– increasing the amount of time a caregiver has to complete their work obligations, from three years to four;
– the adoption of a standardized employment contract that ensures both parties agree to the salary, hours of work, vacation time, overtime, holidays, sick leave, and the terms of termination and resignation;
– defining the costs the employer is obliged to pay, including the caregiver’s travel expenses in coming to Canada, medical insurance, workplace safety insurance and third-party representative fees;
– emergency processing of work permits and employer authorizations to hire live-in caregivers who have been abused and need to leave their employment immediately;
– a dedicated phone service for live-in caregivers through the department’s Call Centre;
– an assessment of:
the genuineness of the job offer, including confirmation that the caregiver would be residing in a private residence and providing child care, senior home support care or care of a disabled person in that household without supervision,
whether the employer has sufficient financial resources to pay the wages of the caregiver and,
whether the accommodations being provided are adequate; and
– a two-year period of ineligibility from hiring foreign workers, including live-in caregivers, for employers who have failed to live up to the terms of past job contracts.

If you are interested in hiring a live-in caregiver, let Premier Canadian Immigration Co-op help you navigate the new rules. Contact us at info@premiercic.com.