Matrixvisa Inc.
Immigration Law and International Recruitment
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April
2003 Newsletter
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INDEX IMMIGRATION
LAW NEWS AND COMMENTS IMMIGRANT
NEWS |
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The purpose of this newsletter is to keep our clients (overseas and those already in Canada) updated on the latest news and useful bits and pieces of life in Canada. It is in an informal and easy-to-read format. Our website can be used to do further research on particular issues - for example click on the A-Z of Immigration hyperlink and then click on Newspapers in Canada or Search Engines for detailed searches.
Low Skilled Workers Recently a pilot project for low skilled workers were initiated by HRDC. According to our contacts within HRDC it might become the same type of project as the Live-in Caregiver program, i.e. the applicant might apply for permanent residence after he/she has worked in a low skilled occupation for two years in Canada. Currently Matrixvisa is placing foreign workers as farm workers within this pilot project. Seventy Five Points To reach the pass mark of 75 for Federal skilled workers is extremely difficult for most immigrants to reach - one of the only ways to reach it is with a job offer. Although Matrixvisa Inc have found jobs for some immigrants, it is not always possible. Who will give a job offer, then wait 2 to3 years for the person to land in Canada? It is rather ridiculous, but that is the law. In New Zealand it is much quicker to get the visa, once a job offer has been made. Maybe the Canadians must ask the Kiwis for advice on this issue. What do a qualified diesel mechanic with a three year diploma and ten years experience and nuclear scientist with a Phd degree and ten years of experience have in common? Both do not qualify for Canada! What can we do? Each case has to be individually assessed. Possible solutions would be:
Highest Educational Credential In 1776 Adam Smith wrote his book "An Inquiry into the Nature and Causes of the Wealth of Nations". In 1990 Michael Porter (from the Harvard Business School) wrote a book, called the "Competitive Advantage of Nations". IMD, one of the leading business schools in the world, located in Switzerland, publishes the annual World Competitiveness Yearbook (see www.imd.ch) in which 49 countries in the world are ranked according to their competitiveness. What do all these publications have in common? Many things, but the most important golden thread that runs through them is that human capital (a country's workforce) is one of the most crucial resources a country can have. The new Immigration and Refugee Protection Act (IRPA) is an attempt to attract skilled workers to our country and to improve Canada's reservoir of human capital. Canada's new Immigration and Refugee Protection Act (IRPA) is also an effort by our representatives in Ottawa to get skilled workers to our country to help build this country and make it more competitive. When awarding points for education higher qualifications are awarded higher the points: According to IRPA a visa officer can award 12 points for completion of secondary school, 15 for a one year university credential, 25 points for a Masters or 25 points for a degree on a Doctoral level. IRPA also states that an immigrant can only get points for a single educational credential for which the immigrant scores the highest points. Therefore an immigrant holding a doctoral degree can only score a maximum of 25 points. The immigrant cannot get 25 points for a Masters and 25 points for a doctoral Degree. Once again this make sense as a Masters degree is a prerequisite for a Doctoral degree. People get skills through education and experience and that is why IRPA has two sections in which the Federal Skilled Workers (people that come to Canada based on their skill) can be awarded points for both education (25 points) and experience (21 points). However this policy does not take the modern nature of the international labour market into consideration. Due to the fast changing nature of markets, people are forced into completing short courses after the completion of their initial qualification. For example a factory manager that completed a mechanical engineering degree also completes a post graduate certificate in accounting or auditing to make him/her a more efficient factory manager. Another example: a BSc graduate who is a programmer completes a postgraduate certificate in databases. These qualifications are not pre-requisites for their degrees but are complementary qualifications that assist them to become more skilled in their profession. IRPA does not recognize these qualifications at all. During
a seminar held on Oct 3, 2002 in the Royal York Hotel I asked
a Federal government employee from the Department of Citizenship
and Immigration why these qualifications are not recognized. I
was told that it will lead to "double counting" as an
immigrant has the opportunity to use these qualifications under
the "experience" part of the points system. I completely
disagree with that statement. What IRPA is effectively doing is
to completely disregarding continued education in terms of complementary
qualifications of all new immigrants. It is furthermore ignoring
the reality of the modern labour market. In Canada continuing
education is becoming more important. For example at Seneca College
(in Ontario) there is a Faculty of Continuing Education for people
to improve their skills after their initial graduation. It
seems Adam Smith has grasped something more than two hundred years
ago that certain Canadian government officials in the halls of
power cannot understand. On November 7, 2002, Paul Martin from the Liberal Party met with people in the immigration industry in Toronto and said that he has heard bureaucrats "run amok at the Department of Citizenship and Immigration". He also noticed that he knows about the "overzealous bureaucracy." Robin Seligham, the co-chair of the Canadian Bar Association Immigration Committee, complained about mismanagement, delays, and simple bad policy. She said the "bureaucracy runs the show." She went on and said that the bureaucrats are keeping many skilled workers abroad from settling in Canada. She also charged that public servants "isolated ministers ….almost brainwash them. " She continued and said that bureaucrats are telling ministers "things that are not 100 % truthful in an attempt to get their agendas through". From
the above it is clear that it is an extremely frustrating position
and at the moment we would have to live with this policy. Let's
hope the federal legislation will be changed in the next twelve
months. Foreign Skills and Qualifications Not Recognized Some immigrants have found that their skills and qualifications are being recognized when they apply for immigration, but once they have landed in Canada, their skills are not accepted by industry. The following were obtained from the media:
From the above it is clear that immigrants must be prepared for a difficult transition. It is not easy moving to Canada. However the rewards are good. Immigrants in Technology My opinion is that immigrants can do extremely well as long as they push through the initially difficult period. For example: Italians play a major role in construction and garbage removal and so every community is contributing and growing. Another example: An article appeared in the media about Jospeh Kurin from the Indian Institute of Technology, one of India's most prestigious academic institutes that started Toronto based multi-million dollar Alpha Laboratories Inc in 1971. In the USA another ITT graduate was a co-founder of Sun-Microsystems. The moral of the story is that immigrants should persevere and they will succeed. More Immigrants Needed Currently 20 % of all workers are born overseas. Statistics Canada has reported that Canada will almost solely depend on immigrants for the workforce by 2011. As the Canadian workforce ages, the national birthrate falls. By 2001 there were only 2.7 workers aged 20 and 33 for everyone aged 55 and over, down from 3.7 in 1981. The biggest shortage will be in the medical field, where at least 25 % of all specialists are over 55 and general practitioners are on average 45.2 years old. And the trend is that doctors are becoming older. In 1991 there were five nurses aged 20 to 34 for every nurse 55 and over. By 2001 there were fewer than two young nurses for every nurse 55 and over. Foreign Doctors The Ontario Government has said it would like to get 1500 foreign trained doctors certified by 2010. They would have to work in the under serviced remote areas of Ontario. Recruiting these foreign trained doctors is the equivalent of building 1.5 medicals schools without having to pay for these skills. The province further plans to create another 369 nursing posts during the next three years. The question still exists. Immigrants in Toronto The Greater Toronto Area has a population 4.6 million people and about 40 % are immigrants. The majority of the immigrants establish themselves in the GTA, Vancouver and Montreal. One of the policy plans is to attract more immigrants to the remote/rural areas of different provinces by issuing immediate work permits and then requiring immigrants to stay in these areas for 3-5 years before getting permanent residence. When this policy will be issued is not certain. The wheels of the bureaucracy turn slowly in Canada. (Toronto
Star 3 Feb 2003, National Post, 11 Jan 2003, Toronto Star 29 Jan
2003, Toronto Metro Jan 22 2003 , Toronto Star 22 Dec 2002, Macleans
Magazine 16 Dec 2002 , Toronto Star 18 Nov 2002 , Toronto Star
29 Oct 2002, Toronto Star 8 Nov 2002) The National Post completed an interesting survey about Canadian cities in October 2002 called the Healthy City Project. Overall the research team (including a expert from the University of Calgary) of the paper used six factors to determine the winner:
The results were as follows: Score
/ City Unemployment levels require some comment: Immigrants are quick to say that there are no jobs in Halifax or Saskatoon and that is the reason for relocating to Toronto or Vancouver. The survey has shown the following unemployment levels in the 14 cities that formed part of the report: City
/ Unemployment Rate St John's Newfoundland also had the lowest stress levels of all the cities! (Source:
National Post 19 October 2002) Quick facts:
(Sources: National Post Sat 11 Jan, Toronto Sat 23 Jan 2003) Canadian Population The Canadian population is still aging. At the moment there are five Canadians between 16 and 64 for every person over 65. By 2050 this number will have fallen to two to one. Therefore the country is not producing enough people to enter the labour market. According to some current projections the country could expect a shortage of 1,5 million workers by 2020. It is also stated by the labour force specialist (Shirley Stewart - appointed by the Minister of Human Resources Development Canada) that currently immigrants fill 33 % of all new jobs and in 10 years 100 % of all new jobs will be filled by immigrants. Debt Levels Two studies (one by CIBC World markets and one by Vanier Institute of the family- www.vifamily.ca) shows that debt levels are rising in Canada, but at the current low interest rates, levels are still affordable. Savings In the early 1990's the average household saved CAD6500 and in 1999 this dipped to CAD2000 a year. At the end of 2002 this was up to CAD2600. Preparation for retirement In
2000 and 2001 only 34% of taxpayers used RRSP's (Registered Retirement
Savings Plans) to save for retirement. The average contribution
was CAD 2600. COST OF LIVING AND COST OF BUSINESS Cost of Office Rentals According to an annual survey by CB Richard Ellis Ltd of the cost of office rentals in Jan 2003 for 158 countries the rankings per square foot in USD is as follows: 1
London (West) 150.86 What is not known is how cities such as Toronto are defined. The Greater Toronto Area consists of four municipal regions, which include:
The
cost in Halton (25 km out of the downtown area) might be significantly
lower than Toronto downtown area. In other words if Toronto is
defined as the Greater Toronto Area it is even cheaper. By December 2004, 69.8 % of all people in the GTA will own their own homes -currently it is at about 63 %. The average household income of CAD65 000 is required to purchase an average-priced home. Cost of living is only relative to what is earned. At salary.monstor.ca, research can be done to determine possible salaries. (Mississauga News Nov 29 2002, Toronto Star 23 January 2003)
South Africa Many
South Africans have lost their SA citizenship because they applied
for Canadian Citizenship before getting permission from the SA
High Embassy. Quote: Chapter
3 6.
(1) Subject to the provisions of subsection (2), a
South African citizen shall cease to be a South African citizen
if- Unquote Form BI-1664 & BI 529 can be used to request retention of SA Citizenship before applying for the citizenship of another country such as Canada. Section 9(2) of the Citizenship Act also authorizes a SA citizen to hold a foreign passport and this letter should be carried at all times by South Africans with dual citizenship. Applicants has to complete form BI 529, BI 1666 and BI 862. These forms are available at home-affairs.pwv.gov.za (use the term "forms" to search for the forms). Alternatively use the hyperlinks at www.southafrica-canada.com (click consular). To confirm the fees and procedure speak to officials at your closest SA Consulate or SA Embassy. India Recently the Indian Government also allowed Indian citizens living overseas to obtain dual citizenship. The Union Cabinet on Tuesday night decided to grant dual citizenship to Indians living in the United States, the United Kingdom and six other countries. They would not have the privilege of voting rights and would not be allowed to hold constitutional offic es or jobs in three defense services. The six other countries are Australia, Canada, Finland, Ireland, the Netherlands and Italy. A bill to this effect would be introduced during the current session of Parliament to amend the Citizenship Act, 1955. The eight countries have been chosen as they already had dual citizenship laws and a large number of Indians are residing there. Until
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