In the News: Immigration Fraud

Today in the news:

http://www.edmontonjournal.com/news/Charges+laid+immigration+scam+involving+suspicious/7160669/story.html

Now, if you follow me on Twitter (@MBlogger2) you will know that I am answering questions on Yahoo Answers and trying to share the knowledge I’ve gained from research for this blog with a wider audience. One question that I see fairly frequently on that site is about marriage. Usually it’s two young people who want to be together and feel that marriage is their only option for citizenship and therefore their continued relationship.

Now, of course you should only get married WHEN and IF you actually want to because you love someone. However, that’s an ideal and often doesn’t happen in the “real world”. I’m not just talking about immigration fraud marriages, but a lot of marriages happen because people feel they SHOULD or they HAVE to, not because they WANT to… but that aside…

I’m just going to put this out there, but you probably shouldn’t marry someone with immigration as your primary goal. I’m not really sure why people who are not vulnerable or financially needy (like the ones the individual in the article above took advantage of) would think it was a good idea to commit something which could potentially get them charged with fraud. Heck, you can be charged with fraud and have your spouse’s visa denied even if your love is “real and genuine”. All the government needs to do is doubt you, and it seems that they are inclined to do so.

I don’t know what inspires so many teens on the internet to believe marriage is the answer to spending more time with their cross-border sweetheart, but the article above should show them that there is intense government scrutiny of sponsorship and marriage. (Maybe its Romeo and Juliet, or author Elizabeth Gilbert?)

Here’s the official information from www.cic.gc.ca:

“There are some people who think marriage to a Canadian citizen will be their ticket to Canada.

It is a crime for foreign nationals to marry Canadian citizens or permanent residents only to gain entry into Canada. Citizenship and Immigration Canada (CIC) is working to prevent these fraudulent marriages.

In many cases, sponsors and foreign applicants arrange a “marriage of convenience”: a marriage or common-law relationship where the sole purpose is for the sponsored spouse to immigrate to Canada.

CIC officers are specially trained to recognize genuine immigration applications, and they know how to detect marriages of convenience. They use several methods to uncover marriage fraud, including document checks, site visits and interviews with sponsors and applicants. Canadian citizens or permanent residents found to be part of a marriage of convenience for immigration purposes may be charged with a crime.”

More info on immigration fraud here:

http://www.cic.gc.ca/english/information/protection/fraud/index.asp

http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp

http://www.cic.gc.ca/english/information/protection/antifraud.asp

http://www.cic.gc.ca/english/resources/publications/fraud.asp

http://www.cic.gc.ca/english/department/media/releases/2012/2012-03-09.asp

http://visalawcanada.blogspot.ca/2012/08/large-scale-marriage-scam-alleged-39.html

In the News: FSW Program and Spousal Sponsorship

Your news update of the day:

-          Still a very big issue in the news this week are the unveiled changes to the Federal Skilled Worker Program. Apparently, Jason Kenney & Co. think that twenty-somethings in other countries have it together enough to decide to permanently immigrate somewhere (possibly) halfway across the world for work, leaving behind all their childhood familiar places, friends, and experiences. (The new points system is aimed at getting more 20 and 30-somethings. Over 35-ers who may bring wisdom and experience to their workplace it seems, are not as valued by the government.) I don’t know about you but if you asked the average 20-30 year old Canadian to commit to immigrating to another country for work, I doubt many of them would. And if they did, would they have the job skills in place to succeed abroad? Would they have the wisdom and experience? Read more here: http://canadavisalaw.wordpress.com/2012/08/17/new-federal-skilled-worker-rules-published/

-          Also trending in Alberta news lately: Online romances, marriage and spousal sponsorship. Real love or Immigration fraud? Are there ulterior motives at play in online cross-border romance? If yes, then aren’t there also ulterior motives at play in Canadians-only relationships too? Read more here: http://visalawcanada.blogspot.ca/2012/08/online-romances-raise-questions-motives.html and here: http://www.cbc.ca/news/canada/edmonton/story/2012/08/22/edmonton-miltimore-immigration-wife-philippines.html

The Canadian Immigration System: Provincial Nomination Program (PNP)

Recall that the Topic of the Week is The Canadian Immigration System. So far, I have covered the Point System, and Permanent Residence. (If you have any questions on these, you can still pose them in the comments, on twitter, via email, or on youtube.) Today, I’m going to talk about the Provincial Nominee Program (PNP).

The Provincial Nominee Program is a fairly recent development in Canadian Immigration, and as the story from PEI earlier this week shows there are still some issues that need to be worked out in order to ensure that these programs are administered in a fair and just manner.

As you may be aware, Canada is comprised of ten provinces and three territories. Each of the provinces, aside from Quebec which has a skilled worker program that operates parallel to the federal one, can have a Provincial Nominee Program. However, only certain provinces/territories are currently participating in the Program. (Check here for the most updated list of them: http://www.cic.gc.ca/english/immigrate/provincial/index.asp) These programs help the provinces to attract immigrants who meet their identified needs by meeting their special requirements. Furthermore, the PNPs act as fast-tracking for many immigrants by bringing them to Canada and granting them Permanent Residence (PR) sooner.

A COUPLE OF GENERAL FACTS ABOUT PROVINCIAL NOMINEES:

- They are “economic immigrants” and are identified on the basis of job skills and the ability to contribute to the province/territory’s economy.

- They are nominated for this program by the Province/Territory. This needs they need to apply to the province first.

- As of July 1, 2012 most provincial/territorial nominees in “semi- or low-skilled professions” will have to show language skills in either of the two official languages of Canada.

- Once you have a Provincial Nomination you can apply to the CIC for permanent Residence right away. This is how PNP can act as fast-tracking towards PR.

- If you can’t get into Canada through the regular federal streams (ie you do not obtain at least 67 points in the points system) the Provincial Nominee Program might be an alternate way for you to become a Canadian Permanent Resident. This is because PNP does not judge you based on the same criteria as the CIC. However, you do still have to pass CIC screening to get PR… but if you’re on the threshold of those 67 federal points, PNP might give you that extra boost you need.

- Provincial nominees still need to get a medical and a police check. Canada does not normally accept immigrants with serious medical conditions or criminal records. You may also have to undergo language testing. These checks are done at your own expense, so prepare for those costs.

- The process for PNP is different in every participating province or territory, so make sure you are looking at the right province’s information when applying. You can’t expect to apply in Saskatchewan using Alberta’s PNP procedure.

Sources: www.cic.gc.ca/english/immigrate/provincial/index.asp

The Canadian Immigration System: Permanent Residence

Readers of this blog will know that I was born in Canada and am a Canadian citizen. However, this status does not mean that I am an expert in the affairs of my country or in dealing with my government(s). In fact, I recently realized how ignorant I am about the actual process required to immigrate to Canada. I mean, I always knew it was a fairly long process with the usual mass of bureaucratic red tape but I never really understood the implications of the point system or the practical side of immigration. So, I’m doing a little research now, and I am going to share my results with you.

How does one get Permanent Residence?

The saying goes: “There are many ways to skin a cat.” There are also many ways to become a Permanent Resident in Canada (none of which, thankfully, involve skinning cats).

Picture from: http://www.sodahead.com/fun/how-many-tabs-do-you-have-open/question-2860047/?link=ibaf&q=&imgurl=http://qweka.com/file/pic/photo/2010/12/lolcat-lol-cat-49-jpg.jpg

Here are the different categories, each with its own criteria:
1.      Skilled workers and professionals
2.      Quebec-selected skilled workers
3.      Canadian Experience Class
4.      Investors, Entrepreneurs, and Self-Employed people
5.      Provincial Nominees
6.      Sponsored Family Members
7.      Refugees
8.      Other

The government aims to grant PR to a given number of people in each category per year. (How they come to this number I do not know, but I assume it involves civil servants, consultations with labor market stakeholders, an agenda coinciding with the ruling party’s position on the political spectrum, and some sort of mathematical formula.)

Here’s a rough look at the trend in Permanent Residents by category in the last 3 years that I made from figures provided on the CIC website (http://www.cic.gc.ca/english/resources/statistics/facts2011-summary/01.asp):

As you can see, most people who are granted PR are “Economic Immigrants”. So, I’m going to focus on that category for now. Here’s a further breakdown of Economic Immigrants granted Permanent Residence in 2011 (also from the CIC) chart:

As you can see, most Economic Immigrants are considered “skilled workers and professionals”. So what does it take to become a skilled worker? In brief, education, knowledge of English and/or French, work experience and other factors relating to economic suitability count for points here. I’ve tried to summarize this information into the little graphic below. However, the rules for applying in this category do change often so it is best to check the CIC website frequently if this is the category your application fits under.

Note that skilled workers applying to Quebec take a different route and are specially selected by that province.

All of this sounds fine and dandy, but there have been issues with the federal skilled worker stream of applications. Notably, a massive backlog of people who applied to come to Canada over 4 years ago. This was in the news around a month ago because Minister Jason Kenney decided to deal with the backlog by clearing the slate, hitting restart and pretending as though most of it didn’t happen. The people caught up in the backlog were told they would have to start again (although the government did promise to refund their application fees). Additionally, he has put a “temporary pause” on federal skilled worker applications (with a couple of exceptions). Why? Well, look at this direct quote from the CIC website:

“Why are you putting a temporary pause on Federal Skilled Worker applications?

CIC is implementing a temporary pause in order to draw down the FSWP inventory, helping to clear way for the introduction of a new application management system to support our “just in time” vision of immigration.  The temporary will also enable the Department to concentrate efforts on bringing in an improved FSWP to select skilled workers who will be better positioned to succeed in the Canadian economy.

Application intake will likely be re-opened to coincide with the launch of the revised FSWP selection criteria and new Federal Skilled Trades Program. The proposed regulatory amendments will be pre-published in the Canada Gazette in the coming months and are expected to take effect by early 2013.

It is important to note that this temporary pause on new FSWP applications does not apply to candidates with qualifying offers of arranged employment or to those applying under the PhD eligibility stream.”

What kind of costs and forms are involved?

Of course, there are multiple forms and other hoops to jump through, and costs to account for when applying for Permanent Residency regardless of the stream you are applying in. I doubt I, as someone who has never completed the process, can accurately list all of these costs, forms, and processes. If I’ve missed anything please let me know it the comments! (or on www.twitter.com @MBlogger2 or via email comingtocanadablog@gmail.com or on www.youtube.com Coming2CanadaBlg)

You can check out everything straight from the source! That way, there’s little chance of me telling you something that is incorrect. Check out:

www.cic.gc.ca

What are the benefits of having Permanent Residence in Canada?

Being a Permanent Resident allows you to live and work in Canada (which is a goal for immigrants who wish to settle and stay in this country, obviously). So, if you get your PR card in the mail, it is definitely time to celebrate because you have succeeded in navigating the Canadian immigration system in order to achieve a goal.
From the CIC website:

You get a PR Card. This PR Card allows you to re-enter Canada when/if you leave.
You have Canadian rights and privileges. This includes: the right to most Canadian social services and health care, the right to work/study/live anywhere in Canada, the right to apply for citizenship (when you meet the requirements), etc.

What are the conditions of Permanent Residency?

You can lose Permanent Resident Status if you do not meet the conditions and legal requirement associated with your status.

You must reside in Canada for at least 2 out 5 years while you hold a PR Card.

You cannot be convicted of a serious crime. This may still report in deportation.

You are not yet a Canadian citizen. Technically, you are still a citizen of your home country.


This website goes through the process in fairly direct, step-by-step way and may be a helpful additional resource for some, particularly those looking to apply as Live-in Caregivers: http://www.tlc-edmonton.com/immigration.html

The Canadian Immigration System: Points System

So, in case you didn’t know this (I was only slightly aware of it before doing some research), Canada’s immigration process (for “economic immigrants”) operates on a POINT SYSTEM.

When submitting your application, you can gain points in six selection factors, or categories. The categories and the weigh assigned to them changes over time as the government tries to prioritize immigrants who meet the needs of the country. In order to be deemed acceptable as an immigration candidate, you must rack up at least 67 POINTS (that’s the minimum passing number). If your score is lower than 67, you will mostly likely not qualify to immigrate to Canada. And even if you get a score of 67 or higher, you may not qualify for immigration. However, the score you receive is still a good indicator of your chances.

The most recent changes to the point system emphasize the importance of the following qualities: YOUTH and LANGUAGE SKILLS.

If you’re thinking of coming to Canada as an economic immigrant, try the points calculator here:

http://www.workpermit.com/canada/points_calculator.htm

http://www.cic.gc.ca/english/immigrate/skilled/assess/index.asp

I tried the calculator using my own information and stats to see if I would qualify to immigrate to Canada given my skills etc. I barely made it in. The threshold is 67 points to pass and I only scored 69. Most of my points came from belonging to the coveted 21-49 age category and for my proficiency in both official languages. My education, on the other hand, counted for next to nothing as I have yet to complete my degree. The contents of my savings account barely met the requirements.

If you are a Canadian, I encourage you to calculate your points and see if you would qualify. I especially recommend this to those who speak disparagingly of immigrants in Canada because it will give you a sense of just how qualified you have to be in order to immigrate to this country.

More resources and information here:

http://www.canadaupdates.com/content/canadian-immigration-points-calculator

http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp

http://canadianimmigrant.ca/news-and-views/new-immigration-point-system-for-canada-in-2012

Topic of the Week: The Canadian Immigration System

After reading the news story about the issues with the Provincial Nominee program in PEI, I decided that the Topic of the Week for August 13-20 will be:

The Canadian Immigration System.

I hope to touch on some of the following:

- What is the “point system”? How does it work?

- Who are Provincial Nominees? How does one become a provincial nominee?

- How do you gain Permanent Residence (PR)? What does PR mean/what privileges, rights and responsibilities does PR entail?

- How do you become a Canadian citizen? What are the citizenship requirements?

- Current Issues with the Canadian Immigration System