The proposed measures include further reforms to the asylum system to make it faster and fairer, measures to address human smuggling, and the authority to make it mandatory to provide biometric data with a temporary resident visa application.

“Canadians take great pride in the generosity and compassion of our immigration and refugee programs. But they have no tolerance for those who abuse our generosity and seek to take unfair advantage of our country,” said Minister Kenney.

The new bill, Protecting Canada’s Immigration System Act, proposes changes that build on reforms to the asylum system passed in June 2010 as part of the Balanced Refugee Reform Act.

The proposed measures would provide faster protection to those who genuinely need refuge, and faster removal for those who don’t.

In particular, refugee claimants from generally non-refugee-producing countries such as most of those in the European Union (EU) would be processed, on average, in 45 days compared to more than 1,000 days under the current system, or 171 days under the Balanced Refugee Reform Act.

“It has become clear that there are gaps in the Balanced Refugee Reform Act and we need stronger measures that are closer to the original refugee bill we tabled back in March 2010,” said Minister Kenney. “Canada receives more refugee claims from Europe than from Africa or Asia. Last year alone, 23% of all refugee claims made in Canada were made by nationals from the EU. That’s up from 14% the previous year. This growing trend threatens the integrity of our immigration system.”

In recent years over 95% of EU claims were withdrawn, abandoned or rejected. If that trend continues, that means that the unfounded claims from the 5,800 EU nationals who sought asylum last year will cost Canadian taxpayers nearly $170 million.

“Too many tax dollars are spent on bogus refugees. We need to send a message to those who would abuse Canada’s generous asylum system that if you are not in need of protection, you will be sent home quickly,” added Minister Kenney.

With the Balanced Refugee Reform Act and today’s legislation, the provinces and territories are expected to save in the range of $1.65 billion over five years in social assistance and education costs.

Most of the provisions in the former Preventing Human Smugglers from Abusing Canada’s Immigration System Act (Bill C-4) have also been included in this new bill, with one modification. Minors under the age of 16 would be exempt from the detention proposals designed to deal with all mass arrivals from human smuggling operations.

“Our Government is sending a clear message that our doors are open to those who play by the rules, including legitimate refugees. However, we will crack down on those who endanger human lives and threaten the integrity of our borders,” said Minister Kenney. “Human smuggling is a despicable crime and Canadians think it’s unacceptable for criminals to abuse Canada’s immigration system for financial gain.”

Mandatory detention remains for people who enter Canada as part of a designated smuggling event. But once the identity of a claimant has been established and a refugee claim is approved, individuals would be released from detention.

The final component of the new legislation would give the Minister the authority to make it mandatory for visa applicants to provide biometric data (i.e., fingerprints, photograph) to visit Canada. Documents can be forged or stolen, whereas biometric data provide greater certainty, confirming the identity of applicants when they apply.

“Biometrics will be an important new tool to help protect the safety and security of Canadians by reducing identity fraud and identity theft,” said Minister Kenney. “As fraudsters become more sophisticated, biometrics will improve our ability to keep violent criminals and those who pose a threat to Canada out. In short, biometrics will strengthen the integrity of Canada’s immigration system while helping facilitate legitimate travel.”

These measures would put us in line with international partners such as the United Kingdom, the European Union, Australia, and the United States. This would help prevent known criminals, failed refugee claimants and deportees from using a fake identity to obtain a visa. The use of biometrics would also bolster Canada’s existing measures to facilitate legitimate travel by providing a fast and reliable tool for confirming identity.  

All these reforms are aimed at deterring abuse of Canada’s generous immigration and refugee system. With these proposed measures, the integrity of Canada’s immigration programs and the safety and security of Canadians will be protected.

“To maintain the support of Canadians for our generous immigration and refugee systems, we must demonstrate that Canada has a fair, well-managed system that does not tolerate queue jumping,” concluded Minister Kenney.

The ban on Tier 1 “is to ensure that we do not exceed the limit set by the government for issued Tier 1 (General) applications” between July 19, 2010 and April 5, 2011, the United Kingdom Border Agency said in its latest announcement. Only people of exceptional talent that include scientists, academics and artists will be allowed under Tier 1, which will be limited to 1,000 per year.

According to the UKBA website, following a court judgement on Friday, the government has also set a limit until April 5, 2011, on the number of certificates of sponsorship that are available to licensed Tier 2 sponsors under Tier 2 (General). The level of the limit will be 10,832, and the changes will take place immediately.

The agency said that the “Tier 1 (General) overseas will not reopen for applications. Tier 1 (General) in the UK will remain open until 5 April 2011. “There will be transitional arrangements beyond [April 6, 2011] for some applicants who are already in the UK, and we will announce details of these in due course.”

“This ruling is about process, not policy – the policy of having a limit has not been found to be unlawful,” Immigration Minister Damian Green writes on the website. “The court’s ruling rests on a technicality, which we have set right today to ensure that from now on the interim limit is backing up and running.

“This judgment does not affect the annual cap in any way,” Green adds. “The interim limit was a temporary measure introduced specifically to tackle a rush of applications ahead of the introduction of the annual limit.”

“As a result of the volume of applications received since the interim limit was introduced last July, no more Tier 1 visa applications from overseas will be accepted” after December 22,” he said. “The government remains firmly committed to reducing net migration to the tens of thousands.”

Britain’s business secretary, Vince Cable, who is said to have opposed the idea of imposing cap on immigrants spoke out after new figures showed an unexpected 20 percent rise in net immigration to Britain. The official says 196,000 people arrived in 2009, up from 163,000 the year before. Cable told the Financial Timeslast year that “It’s very clear from the figures that the increase in recorded immigration has nothing to do with the number of non-EU work permits issued; they actually declined.”

“I’ve full confidence that my colleagues understand the need for immigration control measures that support business recovery and economic growth,” Cable said.

During the election debate in May this year, Liberal Democrat leader Nick Clegg opposed then-Conservative leader and present Prime Minister David Cameron’s plan to impose a cap on immigration, saying there is no point in imposing a cap because the number of people coming to Britain from European Union nations is higher than from outside Europe. Most of the people coming from outside the EU are highly skilled professionals including doctors, engineers, teachers and technicians, who are deemed essential to the job market in Britain, Clegg said before joining the government.

According to a report published in the widely read Guardian newspaper, although a net migration figure of 196,000 for 2009 is higher than the previous year, it is still well below the peaks of about 220,000 seen in 2005 and 2007, when the flow of migrants from the new European Union states – Poland, the Czech Republic and the Baltic states – was at its highest.

In another move, the government has said it would introduce new rules for international students. Under one rule, which is under consultation, students will only be allowed to work during weekends and vacation time, and only on campus during weekdays. Dependents will not be allowed to accompany them if the student has a visa for less than one year, and they will not be allowed to work at all. Tuition fees for international students are already among the most expensive in the world, and also a major source of income for universities. Dependents of students with longer visas could work to supplement the students’ tuition fees and other expenses.

Under the new rules, some students will have to depend solely on their parents for the cost of their studies. Most students say they would prefer to go to the United States or other countries rather than stay in Britain under the new rules. The UKBA has also decided to scrap two-year post graduate work-study visas that would allow students to find work using their skills and experience to earn at least some income to cover the tuition fees they pay.

“It is completely impossible to bear the cost of the UK universities without the support of dependents,” Narendra Tripathi, who completed his Bachelor of Science degree at Bristol University, told the American Reporter. “I paid over $ 18,000 a year for tuition that is completely impossible to pay on my own without the support of my wife, who worked full time during my studies. The government has increased the tuition fee for local students from 3,290 pounds to up to 9,000 pounds a year recently, despite the protests and demonstrations across the UK. It does not seem that it is considering the revise of its decision,” he said.

“The UK is no longer an attraction for students and immigrants,” said another student, studying at the University of London Metropolitan. “We are also concerned about the fact that there is no information provided about the future of the Tier 1 (Post-Study Work) category and how the new rules affect existing Tier 1 (PSW) visa holders,” Amit Kapadia, executive director of HSMP Forum Ltd, which represents professionals from around the world, said in a letter to UK Immigration Minister Damian Green.

That latter category was created in order to retain the Britain’s best international graduates and to make university education more attractive to international students. In the past, Tier 1(PSW) migrants have been allowed to apply for the Tier 1(General) category at the end of their visa. However, with the closure of these categories set to take effect on April 1, 2011, current Tier 1 (PSW) visa holders and prospective applicants are put at a significant disadvantage. The rules would limit their option to continue to work in Britain and probably force them to find Tier 2 sponsors quickly in order to stay here.

Frequent changes in the rules have created difficulties for immigrants and their families who are already here, Mr. Kapadia said:

“Needless to say, the lack of information adds incredible uncertainty to existing legitimate migrants and creates an atmosphere of fear and confusion among Tier 1 migrants,” Kapadia said. “Tier 1 (General) migrants include a wide range of highly skilled professionals like doctors, lawyers, academic researchers and financial specialists. These people left successful careers in their countries of origin with the intention to make the UK their main home.”

The Scottish Government has said that its economy will also suffer. External Affairs Minister Fiona Hyslop was quoted in a health care magazine as saying, “We are deeply concerned about the damaging impact the annual limit will have on the Scottish economy. Scottish businesses, employers, universities and the NHS share our concerns that the UK proposal is not right for Scotland.” Hyslop also serves as Cabinet Secretary for Education and Lifelong Learning in Scotland’s government.

Ms. Hyslop said a flexible approach to immigration with regional variation was needed to support the Scottish economy. “The immigration cap will do the opposite. It will have a negative impact on business investment,” she said.

Colin Stanbridge, chief executive of the London Chamber of Commerce and Industry (LCCI), said his member organizations were worried by more severe limits on highly-skilled workers. “While we are pleased that the Government has listened to business on intra-company transfers, we are still concerned that the lack of flexibility inherent in a cap will have a detrimental effect on London’s competitiveness and productivity,” he said.

Mr. Kapadia, who is leading the campaign for the rights of immigrants from across the globe, said in the letter to the minister “we believe that migrants deserve to be able to plan their future without fear of unwarranted changes in regulations and policy.

“We hope that it will be confirmed that extension and settlement criteria will remain the same as per their original visa conditions.”

Kapadia has urged Parliament to address the concerns about the changes in migration policy, and implement fair transitional arrangements for extensions and settlement of existing migrants on Tier 1 and Tier 2.

Politicians, the business community and immigrants have said in one voice that the new cap, stringent rules on student visas, and a halt of Tier General applications will hurt Britain’s economy and create a shortage of skilled workers in the British job market.

But the government seems to be determined to close its door to the immigrants, despite their significant contributions to the United Kingdom.

Date: Wednesday Feb. 15, 2012 10:27 AM ET

The latest national head-count, released Wednesday by Statistics Canada, shows strong and steady growth in nearly every corner of a country that remains firmly in the grip of a westward shift in population power – one that will see growing political and economic influence from Western Canada, observers say.

Sustaining the growth spurt is Canada’s open-arms approach to immigration, a phenomenon that has become twice as important as natural increase – the difference between births and deaths – in driving the country’s population upward.

Initial results of the 2011 census – conducted last year under a cloud of controversy after the Conservative government’s elimination of the mandatory long-form questionnaire – show Alberta again leading all provinces in population growth (10.8 per cent since the last census in 2006) and its two largest cities, Calgary and Edmonton, outpacing the country’s 31 other metropolitan areas with soaring increases of more than 12 per cent in the number of residents over the past five years.

The first batch of data from last year’s census is peppered with indicators of the West’s growing importance, a trend that was also evident in the 2006 population tally.

For the first time in Canadian history, the proportion of the population living west of Ontario (30.7 per cent) is greater than the number of people living to the east (30.6 per cent). The population shift has already had political implications; the West’s growth was recognized in an electoral reform package recently approved by Parliament that will boost the number of MPs from Alberta and B.C. by six each, along with 15 new members from Ontario and three from Quebec.

This symbolic east-to-west shift has been more a gradual one than a sea change between now and the last census, says Michael Holden, a senior economist with the Canada West Foundation. “30.7 per cent of Canadians live in Western Canada now. Fifty years ago, it was 26.4 per cent,” he noted.

Nevertheless, “on the political side we’ve already seen for the first time ever, really, a majority government that was brought into power on the strength of its performance in Ontario and Western Canada, as opposed to the sort of traditional Ontario-Quebec political coalition,” Holden said.

The Conservative government’s base is strongest in Alberta and elsewhere in Western Canada, he said. As those parts of the country grow “it’s more likely that we’ll see increasing western influence in decision-making in Ottawa,” he said.

That could present challenges in forming a national forward-looking policy, “which for the first time ever has to have a more significant western Canadian component because this region accounts for about 40 per cent of national economic output now, and it’s growing quickly.”

The census also shows clearly that Saskatchewan has emerged as a full partner with Alberta in the oil-and-gas-fuelled economic boom that’s attracting both immigrants from abroad and migrants from other parts of Canada.

“When we observe the high immigration, and a lot of internal migration, people will tend to go where they can find work,” said Marc Hamel, director general of Statistics Canada’s census program.

For the first time since the 1986 census, when the number of Saskatchewan residents briefly topped one million, the province’s once-declining numbers – a net decrease of 1.1 per cent was registered between 1996 and 2006 – have been emphatically reversed in the past five years and the population lifted to 1,033,381.

Another sign of Saskatchewan’s population boom, powered by its above-average growth rate of 6.7 per cent, is the spiking number of people moving to the province’s principal cities, Regina and Saskatoon, both seeing population increases of around 10 per cent since 2006.

It’s clear, said University of Victoria census historian Peter Baskerville, that “the economy is shifting to Saskatchewan and Alberta in terms of resources, and manufacturing is declining in the central belt of Ontario and Quebec – that’s been going on for a lot of years.”

But even in parts of the country that couldn’t quite match the pace of growth witnessed in the Prairies, there were substantial increases in population, the census data shows.

British Columbia’s share of Canada’s population reached a new high of 13.1 per cent, with the province’s total residents up seven per cent to 4.4 million. Kelowna, which grew by 10.8 per cent since 2006, was the country’s fourth-fastest-growing city after Calgary, Edmonton and Saskatoon.

Ontario, despite being hit hard by the recession of 2008-09 and facing painful adjustments in the manufacturing sector – most notably the auto industry – increased its population to 12.9 million and its overall share of the country’s population to a highest-ever 38.4 per cent.

Two Ontario cities facing particularly hard economic times – Windsor and Thunder Bay – did experience population decreases, a rarity among Canada’s urban centres during a generally widespread period of growth, especially in major metropolitan areas.

And Quebec, while seeing its share of Canada’s population dip slightly to 23.6 per cent, actually accelerated its growth rate from 4.3 per cent in 2006 to 4.7 per cent in the latest census period. The province, which now has more than 7.9 million people, is also on pace to reach the eight-million milestone in the coming months.

Meanwhile, the same magnetic attraction that oil wealth appears to be having in Western Canada seems to be boosting the number of people moving to – and staying in – petroleum-rich Newfoundland and Labrador. Canada’s easternmost province, which had not recorded a period of population growth since 1986, notched its numbers up by 1.8 per cent to more than 250,000 people.

Nova Scotia, New Brunswick and Prince Edward Island all had higher rates of population growth in the 2011 census than in the 2006 count.

Manitoba and the Yukon also experienced significant jumps in their growth rates because of influxes of immigrants.

Even though there’s been a slight increase in the number of Canadians classified as living in rural areas – agricultural districts, small towns beyond the orbit of larger centres and most of the northern territories – the much faster growth of cities has pushed the proportion of rural Canadians to a historic low of 18.9 per cent.

In contrast, more than one-third of all Canadians – 35 per cent of the population – now live in one of the country’s three largest cities: Toronto, Montreal and Vancouver. Each of those centres grew substantially over the past five years, the gains – once again – driven by the arrival of tens of thousands of immigrants.

As the single most important factor affecting the size of Canada’s citizenry, the ongoing influx of newcomers to the country offers the promise of economic renewal and multicultural evolution but also presents major challenges in integrating and accommodating immigrant communities.

“I think Canadians are still quite supportive of immigration,” said Jack Jedwab, executive director of the Montreal-based Association for Canadian Studies. “I think they understand – and this (census) will only reconfirm their understanding – that Canada needs immigration.”

But Jedwab, whose research in recent years has illuminated significant levels of concern among Canadians about immigration from Muslim nations, said, “the issue is going to be the sources of immigration, what countries people are coming from. That’s still going to be a source of concern in terms of issues of accommodation in Quebec, and integration, and we’ll continue to have debates about that.”

The meeting with representatives from Canada’s third largest ethnic community and several high profile ministers from Canada premier Christy Clark’s government, was intended to help reassure the immigrant community. “We are always prepared to listen and work with all of you to the best that we can,” stated Bloy.

He also said that the premier shares a sense of the importance of family: “We all share the same values and we shall continue to build jobs so you can provide for your families.”

Thousands of people are granted Canadian permanent visas every year to enable to them to move to Canada to live with relatives who have become Canadian citizens themselves under the Family Class. There is still a call for a clearing of the backlog of applications for visas under this category to allow more families to be reunited.  But clearly for now, the focus of the government’s immigration program is on foreign workers and students.

Siskinds’ Immigration Group processes Canadian work permit and permanet residence visa applications.  We represent employers and individuals alike with their Canadian immigration requirements.

The National Foundation for American Policy (NFAP) issued a report analyzing data obtained from USCIS that shows a high rate of denials and RFE issuance in petitions for L-1 intracompany transferees and H-1B professionals. That report may be referenced below by clicking on the link.

http://www.nfap.com/pdf/NFAP_Policy_Brief.USCIS_and_Denial_Rates_of_L1_and_H%201B_Petitions.February2012.pdf

The Siskinds Immigration Group prepares hundreds of L1 and H1B visa petitions yearly for clients located around the world.  Our success rate exceeds 95% in these cases.   If you need assistance battling USCIS, contact Siskinds today !

The Crown corporation – which insures Canadian mortgages – has had a consistently rosier view of the market than many private sector forecasters.

Canadian banks have recently issued reports probing the consequences of cheap money, and trying to predict whether there is a bubble in prices that will eventually pop and cause prices to crash. They are particularly concerned about Vancouver and Toronto, where some have predicted price corrections of up to 10 per cent because of overbuilding in the condo market.

But CMHC said Monday Canadian markets would “remain steady in 2012 and 2013.

“With the Canadian economy set to expand at a moderate pace and mortgage rates expected to remain low, activity levels in 2012 in both new home construction and sales of existing homes will stay close to levels seen in 2011,” said Mathieu Laberge, deputy chief economist.

Also in the forecast: “Housing starts will be in the range of 164,000 to 212,700 units in 2012, with a point forecast of 190,000 units. In 2013, housing starts will be in the range of 168,900 to 219,300 units, with a point forecast of 193,800 units.

Existing home sales will be in the range of 406,000 to 504,500 units in 2012, with a point forecast of 457,300 units. In 2013, MLS sales are expected to move up in the range of 417,600 to 517,400 units, with a point forecast of 468,200 units.

The average MLS price is forecast to be between $330,000 and $410,000 in 2012 and between $335,000 and $430,000 in 2013. CMHC’s point forecast for the average MLS price is $368,900 for 2012 and $379,000 for 2013. The moderate increases in the average MLS price are consistent with the balanced market conditions that occurred in 2011, and that are expected to continue in 2012 and 2013.”

Siskinds represents many immigrant investors and businesses who view Canada as a safe and stable place to invest and relocate to.   This housing forecast confirms that Canada remains a safe haven for foreign investment.

AILA/CBP Liaison Committee Practice Pointer:

E-1/E-2 Admissions

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Over 80 countries are signatories to bilateral treaties or other arrangements with the United States that may allow citizens of those countries to qualify for an E-1 visa or an E-2 visa to conduct trade or direct an investment in the United States.

A nonimmigrant alien applying for admission to the United States with an un-expired E-1 (Treaty Trader) visa or E-2 (Treaty Investor) visa should be admitted for a period of two years from the admission date, provided that the individual’s passport does not expire before the end of the two-year period and the individual is otherwise admissible. 

The two-year admission period applies to all E-1 and E-2 admissions, regardless of whether it is the first or subsequent admission. As long as the E-1 or E-2 visa is valid on the date of admission, the foreign national should be admitted for two years, regardless of when the visa expires. Various examples help to illustrate this principle.

Example #1: If a nonimmigrant alien presents an E-2 visa that will expire four years from the date of admission, the individual should be admitted only for a period of two years from the date of admission, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible.

Example #2: If a nonimmigrant alien presents an E-2 visa that will expire one day after admission, the alien should be admitted for a two-year period from the date of admission, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible.

As of 2/3/2012, U.S. Citizenship and Immigration Services reports that thye have receipted 31,626 petitions toward the 33,000 H2B cap amount for the first half of the 2012 fiscal year. This count includes 24,015 approved and 7,611 pending petitions. H-2B cap count information for the second half of FY2012 also is available.

The H2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.