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The federal government has announced changes to the Temporary Foreign Workers Program to enhance the protection of temporary foreign workers. To learn more about the changes and their implications for employers, please continue reading at our collaborative blog, Global Employment Law.
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Canada is on the verge of a backlog of skilled immigrant applications, reports the Toronto Star. Recent government data shows that the average processing time is seven and a half years. Currently, 600,000 applications have been submitted for the 80,055 available 2010 skilled immigrant visas, more than half of which were submitted after March 2008.
The Monitor reports that, beginning March 1, 2010, foreign visitors will need a passport to enter Mexico. The requirement will not apply to visitors traveling to one of Mexico’s border cities, e.g., Reynosa or Nuevo Progresso, and who visit only the border area. However, visitors traveling beyond the border area will need to show their passport to immigration officials. For Americans and Canadians traveling beyond border regions, a tourist card will be required (at no cost for a visit of up to seven days, or approximately $20 for a six-month tourist card).
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Citizenship and Immigration Canada has announced that temporary residents seeking work permits or extensions of their stays in the country now can apply online. The online option, however, will not be available for co-op program work permit applications.
The online application will reduce processing time because, unlike paper applications which might be submitted partially complete, thereby requiring their return, online applications must be fully completed at the time of submission.
In an effort to boost trade with India, Canada has announced a new visa scheme for business visitors from India, according to expressindia.com. The new scheme will offer multiple-entry visas to Indian citizens, and business visa applications will be cleared within 24 hours. Canada also intends to double the number of Indian students to whom visas will be awarded. The move comes as Canada and India finalize nuclear cooperation and investment protection agreements.
Senators Bernie Sanders (I-Vt.) and Charles Grassley (R-Iowa) have introduced legislation that would prevent large companies that conduct mass layoffs from hiring foreign labor through guest worker programs. The Employ America Act (S. 2804) (pdf) builds on similar prohibitions included in the American Recovery and Reinvestment Act (ARRA or “Economic Stimulus”), which prevents companies receiving funds through the Troubled Asset Relief Program (TARP) from replacing laid-off citizen workers with foreign labor. Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.
gantdaily.com reports that Canada will cut its immigrant visa quota by 3,000 while keeping the 2010 permanent resident visa quota at current levels of between 240,000 and 265,000. The lower immigrant visa quota is based on the 18-month processing time for applications of refugee status claimants. The quota, however, may go up again in 2011 and 2012 because vacancies on the Immigration and Refugee Board will soon be filled.
Human Resources and Skills Development Canada (HRSDC) announced that it will no longer issue labor market opinions (LMOs) without expiration dates. This ensures that current labor market conditions are accurately assessed upon issuance.
In May 2009, HRSDC mandated that LMOs submitted with work permit applications would only be valid for six months. LMOs submitted after the expiration date will not be considered and those applications will be returned as incomplete.
Live-in caregiver applications in Quebec are an exception. In these instances, applicants first apply for an LMO and then, upon receipt but before applying for a work permit, must apply for the certificat d’acceptation du Québec (CAQ). These LMOs will be valid for three months following a CAQ’s issuance.
The LMO expiration date is different from the LMO duration of employment or the work permit expiration period. The LMO expiration date determines whether an LMO is valid when the work permit application is submitted, whereas the LMO work duration represents the timeframe of work the employer had requested and which was approved by HRSDC. The duration of work permits remains at the discretion of Citizenship and Immigration Canada and Canada Border Services Agency. It should be noted that if an employer has specific timelines for a short employment opportunity, HRSDC/Service Canada may issue LMO confirmations that expire in under 6 months.
In order to promote greater contact between separated family members in the United States and Cuba, and to increase the flow of information and remittances to the Cuban people, the Office of Foreign Assets Control (a division of the Treasury) has amended (PDF) the Cuban Assets Control Regulations. The amendments implement President Obama’s April 13, 2009, initiative and various provisions of the Omnibus Appropriations Act, 2009.
Amendments to the regulations, which were originally issued in 1963 through the Trading With the Enemy Act, include:
Canadian trade officials announced that the Canada-Peru Free Trade Agreement (CPFTA) became effective on August 1. In addition to addressing issues of trade, investment, and the environment, the CPFTA also details how immigration will be fostered between Canada and Peru.
Under the CFPTA, each country will issue temporary business visitor visas to qualified applicants. However, work permits can be denied when that person’s entry would adversely affect:
Additionally, the countries will:
The countries have also agreed to exchange information concerning business visa requirements so that each could familiarize itself with the other’s policies and procedures. Furthermore, each country has agreed to collect, maintain and—upon request—distribute data pertaining to business visa programs as it relates to citizens of the partner nation.
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Examiner.com reports that under a new immigration law, applicants for residency in Costa Rica will need to demonstrate greater financial security. Those in the “pensionado” (retiree) category must prove they have a monthly government or private pension of at least $1,000 per month, up from $600 per month. The minimum income requirement for “rentista” (small investor) applicants has more than doubled, from $1,000 per month to $2,500. The law, which the Costa Rican Congress unanimously approved, is expected to take effect in early 2010.
The overhaul will particularly impact U.S. citizens, for whom Costa Rica has become the most popular Central American destination for a second home or a permanent relocation.
The Globe & Mail reports that the conservative-led Canadian government is expected to propose reforms to its refugee system in fall 2009. The reforms include adopting an application system that would fast-track asylum claims by individuals from countries generally considered safe. Under the current system, the Immigration and Refugee Board (IRB) is charged with hearing claims, issuing decisions and handling appeals. The reforms are aimed at expediting the process by allowing immigration officers to hear claims and issue decisions, leaving only appeals to the IRB. Canada has experienced an increase in asylum petitions, and seeks to curb unfounded claims while ensuring due process is afforded to qualified applicants.
Panama has amended its visa policy concerning nationals from “restricted countries” (Bulgaria, China, India, Iran, Malaysia, Pakistan, Philippines, and the United Arab Emirates, among others). Previously, these citizens required a visa to visit Panama. Now, however, if they possess a visa from the United States, Canada, Australia, or the European Union, they can enter on a tourist visa so long as it is secured at least 48 hours before traveling to Panama. Tourist visas are good for 30 days and can be extended for an additional 60 days if renewed before the expiration of the initial 30-day period.
As of July 14, 2009, Czech and Mexican nationals must possess a Temporary Resident Visa to visit Canada.
Over the past four years Canada has seen a large increase in refugee claims filed by nationals of both countries. Since 2005, Mexican nationals have accounted for 25% of all claims filed in Canada. The second largest group is Czech nationals who have filed over 3,000 claims since October 2007, a sharp increase compared to less than 5 in 2006.
Citizenship and Immigration Canada has experienced significant cost increases, processing delays, and has instituted the visa restrictions for Mexican and Czech nationals because it believes the volume of claims submitted undermines its ability to help individuals fleeing real persecution.
Now, in order to visit Canada, Mexican and Czech nationals must demonstrate to immigration officials that:
• Their visit to Canada is temporary
• They will not overstay their visa
• They have enough money to cover their stay
• They are in good health
• They do not have a criminal record, and
• They are not a security risk
Canada’s Citizenship, Immigration and Multiculturalism Minister, Jason Kenney, has announced the release of “The Employer’s Roadmap,” which helps guide employers in hiring, assimilating, and retaining internationally trained workers.
The Roadmap is a tool for employers, human resources professionals, recruiters and managers in small to medium-sized enterprises and covers topics such as:
This resource is one of several measures that the Canadian government is taking to help newcomers quickly and successfully integrate into the Canadian labor market. Another measure is Canada’s Economic Action Plan, which includes an investment of $50 million (Canadian) to help develop a common approach to foreign credential recognition.
As reported in The Edmonton Sun, Canada’s immigration department is planning to give preferred treatment to some business travelers, allowing them to obtain visas much faster than other visitors. Under the plan to streamline the visa process for business visitors, employees of established companies with operations in Canada would get visas in as few as one or two days.
New regulations governing the Temporary Foreign Worker Program in Canada have gone into effect. As of January 1, 2009, Canadian employers seeking to hire foreign workers must meet minimum advertisement requirements for the position established by the department of Human Resources and Skills Development Canada (HRSDC). The minimum advertisement requirements for a particular position are based on the National Occupational Classification (NOC) system. More information about the nature and scope of the requirements is available here.
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