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NEW IMMIGRATION SELECTION
CRITERIA AND RULES HAVE NOT
BEEN FINALISED. Await more
information and shall advise.
Raising funds for terrorist purposes to be a crime now
As stated by Justice
Minister Anne McLellan on September 18, 2001, it will become a
criminal offence to raise funds in Canada for terrorist
groups. [Read
More]
Previous Columns:
Common Policies for Canada –
U.S.A. Borders?
Since
the unprecedented and savage attacks on the United States on
September 11, 2001, a key question for the Canadian government and
Canadian people has been. [Read
More]
Labour –
Canada in Desperate Need
High
tech has long garnered all of the attention when it comes to
recruiting foreign skilled labour. [Read
More]
'Citizenship and Immigration Canada' Responds to Natural Disasters
'Citizenship and Immigration Canada'
(CIC) is committed to a humane, flexible response when natural
disasters abroad affect the relatives of Canadian citizens and
permanent residents.
[Read More]
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Raising funds for terrorist purposes to be a crime now
As stated by Justice Minister Anne
McLellan on September 18, 2001, it will become a criminal
offence to raise funds in Canada for terrorist groups.
It has long been
known that many groups in Canada are engaged in exactly this
type of fund raising for causes that are considered to be
terrorist in nature. The legal procedures proposed will further
enhance legislation already before Parliament by removing
“charitable status” from varied organizations thought to be
involved in raising money for terrorism.
The measures
McLellan is proposing go beyond legislation already before
Parliament that would strip charitable status from groups that
are believed to be raising money for terrorism. In fact
this past week, Justice Minister McLellan tabled an omnibus
bill, C-16, in the House of Commons that will provide sweeping
powers to law enforcement agencies to enhance their ability to
obtain and analyze information pertinent to suspected terrorist
activities.
Bill C-16 will
obviously be walking a fine line between individual and civil
rights and the need for security on behalf of Canada as whole.
Frankly, it becomes obvious that the security issues will take a
more pronounced role than in the past.
Bill C-11, the
government’s new bill on immigration, is said to provide for
minor changes to the way security issues are presently dealt
with, but there is talk that the new bill may not make it
through the Senate approval process as the Senate is demanding
major changes or a total re-writing of the bill to further
enhance security measures.
Bill C-11 does
indeed provide for an increase in “initial” security screening
of refugees and undocumented arrivals in Canada, in addition to
restricting appeals for those facing deportation. In addition,
measures to detain persons, such as those described above, exist
even under current legislation where persons so described can be
detained for “reasonable grounds to believe the person may be a
danger to the public”, and/or “unlikely to appear for a hearing
if released on their own recognizance”.
Detractors of
Bills C-11, and C-16, obviously are denouncing the effect these
bills may have on freedom of association and political
participation in Canada but one would believe most residents of
Canada, in a post September 11 world, are willing to give up
some of these protections in an effort to maintain our general
lifestyle and be secure in the knowledge the likelihood of being
attacked in a similar fashion once again has been greatly
reduced. |
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Common
Policies for Canada – U.S.A. Borders?
Since the unprecedented and savage attacks on the United States
on September 11, 2001, a key question for the Canadian
government and Canadian people has been “what, if any, was our
role in possibly providing terrorists the means to operate,
co-ordinate and plan any portion of the attacks carried out
against New York City”?
This question has dogged our government since September 11,
2001, with weak responses by our Prime Minister, stating “no
proof of terrorists in Canada”. This statement carries very
little weight when confronted with the numerous reports by
Canadian Security and Intelligence Service and the RCMP stating
that there has been significant activity – fundraising being one
notable activity – in Canada for some years now.
U.S. President George Bush has stated his desire to see common
visa policies developed for immigrants and visitors. Prime
Minister Jean Chretien has stated that “Canada’s polices on
immigration will be developed and administered by the Canadian
government and no other government”. While this is a strong
statement of our sovereignty it also is very clear that Canada
must do much more to end the perception of Canada being an easy
target for international criminals and terrorists – in effect a
safe haven. Canada must implement very stringent controls on
undocumented arrivals, beginning with mandatory detention of
those who fail to satisfy authorities of their true identity and
background. The new immigration Bill C-11 does provide for
increased security screening of refugee claimants and measures
to restrict appeals for those facing deportation. This last
measure is welcome considering Canada’s dismal deportation
record of the past - since 1995, more than 20,000 “refugees” are
believed to have slipped through the cracks in the system and
most are believed to be in the U.S.
Another measure now being fast tracked through the department of
Citizenship and Immigration is the introduction of a “green
card” type of photo ID to be issued to all permanent residents
of Canada. It has long been considered a problem by U.S.
Immigration officials that Canada issues immigrant documents
that contain no photos or other means of physically identifying
those persons to whom immigrant visas have been legitimately
issued.
There are many more issues at hand: cross border commercial
traffic – valued at $1.5 billion per day; border points being
staffed by officials of both countries; harmonized customs
pre-clearance procedures and others. Clearly the most
contentious is the proposal to create common entry controls –
this is significant as Canada’s new bill on immigration, C-11,
will have a positive effect on immigration for persons who are
educated, professionally adaptable and have an ability in the
English language. South Asians and Southeast Asians stand to
benefit greatly under the new system as peoples from this region
remain the number one source of immigrants to Canada and are
generally regarded as being well educated, and as most are
schooled in English, possess a built in advantage over potential
immigrants from non-English speaking countries.
It is hoped that our government will not
be pressured into significant changes specific to Bill C-11 as
it is now a bill that provides for additional security measures
while recognizing Canada remains a country in need of skilled
immigrants who want to contribute to Canadian society. An
appropriately applied Bill C-11 should also help ensure that
potential immigrants will continue to recognize Canada as a
welcoming country that continues to offer a safe and comfortable
lifestyle for themselves and their families.
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Labour – Canada in
Desperate Need
High tech has long garnered all of the
attention when it comes to recruiting foreign skilled labour.
This is no different than most western economies that also have
sought out the best and brightest in the technology fields.
Where Canada differs from some of these other western economies
is it’s acute shortage of skilled construction and trade labour.
In addition, to our tradespersons deficit, Canada continues to
face a strong need for senior engineers, systems analysts and
other varied positions in the highly skilled technology sector.
The fact is that a skilled worker applying to emigrate to Canada
may take two years or more to be processed and issued an
immigrant visa for Canada is serious impediment to sourcing
skilled labour badly needed by Canadian industry. The fact is
that Canadian governments, past and present, have amplified this
problem and continuously failed to recognize the acute nature of
this problem. As a result, Canada is now forced to look to
foreign economies to supply the desperately needed skilled
labour. Though India is acknowledged as the world’s premier
source of technology workers, Canada will look to any corner of
the globe to find the personnel needed.
Framing carpenters and bricklayers are
very high on Canada’s “most desired” list. Construction
companies are praising a federal government proposal to
fast-track thousands of temporary workers into Canada to
alleviate these shortages, but many are lamenting the fact
Canadian governments seem to lack the initiative to put into
place domestic training programs to attack the problem from
within Canada’s borders. Factors working against a
homegrown solution include an ageing workforce and the poignant
issue of traditional trades failing to attract young people.
Most high school graduates, encouraged by their parents, think
only of professional careers in such fields as medicine, law or
becoming a dot-com millionaire.
A possible solution dictates that Canadian
governments, and associations that represent the construction
industry, must spend time and money to promote the concept that
a career in the trades is a lucrative and Honourable alternative
to a professional career. In addition, inter-provincial barriers
to the free movement of tradespersons must be addressed. This
action, taken in conjunction with a concerted effort to source
qualified tradespersons from abroad, may be the only approach to
begin to rectify the severe shortage of skilled labour Canada
presently faces, both in the construction and high tech sectors.
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'Citizenship and Immigration Canada'
Responds to Natural Disasters
'Citizenship and Immigration Canada'
(CIC) is committed to a humane, flexible response when natural
disasters abroad affect the relatives of Canadian citizens and
permanent residents. The Department has developed a response
plan that includes several measures that can be used depending
on the nature of the disaster. CIC staff have sufficient
discretion to respond in a humane manner without needing to
resort to special legal authorities". What this means is that
the staff members at CIC charged with responsibility in these
programs have the authority to make quick decisions regarding who
may be allowed a temporary visit to Canada or whom may even be
eligible for permanent residence in Canada, based on
humanitarian and compassionate circumstances.
This response process was developed through past experience with
previous disasters - for example, the earthquake disasters that
occurred this year in India and Turkey.
In response to disasters, the overseas
efforts include sending staff from the local visa office (Canadian
Consulate General or Canadian Embassy) to the disaster area to
render a decision if the area is safe for the persons involved
in the disaster and CIC staff to initiate the program in the
affected area. The CIC response team (including Visa Officers)
will assess and prioritize immigrant and visitor visa issuance's
on the basis of those with immediate or close family ties to
Canada, i.e., parents,
children, siblings, aunts, uncles, nieces or nephews, receiving
first consideration. Determinations on immigrant applications
will be finalized and the visa issued immediately, pending
a quick review of all circumstances. The CIC Visa Officers have
the authority to exempt applicants from the full application of
the Immigration Act where there are compelling humanitarian or
compassionate considerations. Visitor visas will
be issued to persons affected by the disaster who are able to
clearly indicate they will leave Canada at the end of the
authorized visit period. Details of CIC's response will be
disseminated to the public through the CIC Call Centre and the
CIC Web site (http://www.cic.gc.ca).
In response
to persons affected by overseas disasters who are in Canada as
visitors, workers and students (those persons in Canada on a
temporary basis) at the time of the disaster, the Central
Processing Centre (CPC) in Vegreville will evaluate, on a
case-by-case basis, persons wishing to extend their status as
visitors in Canada. If the disaster cuts off their access to
funds, international students may be granted work permits.
Canadian citizens and permanent residents who wish to sponsor
immediate family members residing in a disaster area may do so
by obtaining the necessary forms from the Call Centre or the CIC
Web site. The Case Processing Centre (CPC) in Mississauga will
provide priority processing for these sponsorship applications.
If CPC Mississauga approves the sponsorship, an application kit
will be sent to the sponsor in Canada to forward to the relative
abroad. Persons subject to removal orders - departure
orders, exclusion orders and/or deportation orders - to
an affected area may be deferred for up to three months or may
be removed to an unaffected area of the country. This is
all subject to the actual conditions in the affected area and
how quickly the area performs the necessary steps to offer it's
residents a safe, satisfactory mode of living. |
Family Class Sponsorships
The “Family Class” of
immigrants has long been a preferred means to bring family members
to Canada who would otherwise be ineligible for permanent residence.
This “Class” of immigrants is restricted to spouses, fiancé (s),
parents, grandparents and dependent children. This means that you
cannot sponsor brothers or sisters unless they are included in a
sponsorship of your parents as dependants. This can include overage
(19 years of age or over) siblings if they have maintained their
educational pursuits on a full time basis – provided no more than a
lapse of one year has occurred during the continuation of their
formal education.
In order to sponsor family members for permanent residence in
Canada within this class, you must meet a “Low Income Cut Off” (or
LICO). You can find general details at www.cic.gc.ca or
if you wish to go directly to the “Family Class” website, you can do
so at www.cic.gc.ca/english/immigr/index2.html#family. The
LICO amount needed is dependent on the number of members presently
in your family in addition to the number of the persons sponsored.
The sponsor must present an annual income to immigration authorities
i.e. from employment, interest or investment income etc. The
presentation of “general assets” to demonstrate you have the
financial means to support your sponsored family members will not be
accepted as the Immigration Department only accepts annual income,
as shown on the sponsor’s Notice of Assessment, issued by the Canada
Customs and Revenue Agency (CCRA).
For many countries of Southeast Asia (India, Singapore, Malaysia and
Taiwan to name a few), Citizenship and Immigration Canada has
initiated a new process or “joint application package” in an effort
to streamline Family Class sponsorships. The new application package
includes a sponsorship form, an immigrant application form and a
medical form. This sponsorship package is only available to sponsors
in Canada. With this process, the sponsor sends the
application forms to the relative(s) abroad. The completed
application is returned to the sponsor with all supporting documents.
The sponsor will then submit the application to the Case Processing
Centre in Mississauga, Ontario, Canada. To further speed up
processing, the sponsored relative(s) should complete the medical
examination before the application is submitted to the Case
Processing Centre. This new and streamlined sponsorship process does
not apply to children who are to be adopted.
Citizenship and Immigration Canada states that
“half of the applications submitted under this new process will be
randomly selected for appraisal in Canada”. The applications that
are correctly completed and free of complications will be processed
to visa issuance, within Canada. Applications deemed to require
personal interviews and/or clarifications will be forwarded to the
applicable overseas visa office, thus incurring a much lengthier
processing period. If you are unsure if your application is properly
completed, refer to your local immigration professional for
assistance; it may save you months of unnecessary delay.
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*Rick
Howat
Upon completion of economics studies in university, Mr. Howat
thereafter joined the Citizenship and Immigration department where
he acted as a Senior Immigration Officer and supervisor. Mr. Howat
now specializes in business immigration issues and advises
corporations and private practice clientele in this respect. If you
have any queries in these matters, you may contact Mr Howat
at: immigration@vaastu.net.
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