An inclusive and accessible education system that caters to immigrant needs has helped move Canada up two spots to rank third in the latest international Migrant Integration Policy Index.

However, Canada’s failure to give voting rights to newcomers and seek immigrants’ input in policies has put it behind Sweden and Portugal in the overall ranking of how well 31 North American and European countries are integrating migrants into society.

“When states open political opportunities, all residents can participate in democratic life,” said the study, to be released Monday by the London-based British Council and Migration Policy Group in Brussels. “Opening political and civil rights is the sign of a confident country of immigration.”

Known as MIPEX, the biannual index uses 148 “policy indicators” in assessing nations in seven areas involving immigrants: labour mobility, chances of reuniting with families overseas, education conditions, prospects of permanent residency, political participation, access to citizenship and equality laws.

Scoring 89 points out of 100, Canada and the United States were tied for the top spot for their programs and laws in fighting discrimination and promoting equal opportunities.

Despite a huge immigration backlog for family reunification, Canada came second in its efforts to reunite immigrants with loved ones abroad and provide their children, regardless of legal status, access to education.

“We’ve introduced new education indicators. Education is a critical and important issue on immigrant performances. It helped move Canada up two spots in the ranking (from 2008),” said Jack Jedwab of the Association for Canadian Studies, the lead researcher from Canada.

“Canada could have shot to the top if it’d scored better in policies, programs and legislative framework in political participation and advisory policies that involve immigrants.”

The report credits Canada’s multicultural policy and its special effort in English as a second language education for newcomers, as well as provincial investment in teacher training and heritage language classes to help with immigrant students’ transition.

However, Canada scored a disappointing 38 points and was ranked eighteenth in engaging newcomers in politics — largely due to the lack of political will to engage immigrants in the process.

The study says non-citizens should be given the right to vote in local elections; 18 European countries have already extended this right.

It also points out that 14 European Union member states and the U.S. have formal immigrant consultative bodies established for inputs in government policies — something Canada lacks.

“Municipal issues are the most important and closest to people. Non-citizens should have a say in the future of the city,” said Leo Zuniga, coordinator of the I Vote Toronto Campaign, which lobbies to extend the voting rights to non-citizens in municipal elections.

Having lived in 14 countries across five continents, newcomer Fabio Crespin said what makes integration work in Canada is the opportunity for permanent residency and citizenship.

“No doubt if you compare Canada to other European cities, we are living in a more open and non-discriminatory society,” said the Aurora resident, 38, who came here from Brazil as a skilled immigrant in 2006.

“I have lived in England and Switzerland and many other places, but I never felt part of the society. There, you have fewer opportunities if you don’t speak the language well.”

Although Crespin and his wife, Eliane, just became Canadian citizens a week ago, they feel it would be helpful to get newcomers involved in their local communities by giving them the right to vote.

“We are connected to all the local issues such as garbage collection, and things that affect our everyday life,” said Crespin, a community worker. “It is the best way to engage people, so they commit to the country and feel they belong here.”

The MIPEX project, funded by the European Commission, is made up of 37 international organizations, including think tanks, foundations, universities and non-governmental groups. Experts in their respective fields in each country filled out the score for each indicator before the scores were peer-reviewed.

Top 10 and bottom 10 countries in integrating newcomers

Best countries and scores:

1. Sweden: 83

2. Portugal: 79

3. Canada: 72

4. Finland: 69

5. Netherlands: 68

6. Belgium: 67

7. Norway: 66

8. Spain: 63

9. USA: 62

10. Italy: 60

Worst countries and scores:

1. Czech Republic 46

1. Estonia 46

2. Hungary: 45

2. Romania: 45

3. Switzerland: 43

4. Austria: 42

4. Poland: 42

5. Bulgaria: 41

6. Lithuania: 40

7. Malta: 37

8. Slovakia: 36

9. Cyprus: 35

10. Latvia: 31

Source: Migration Integration Policy Index report by the London-based British Council and Brussels-based Migration Policy Group

Demand for foreigners to work as live-in caregivers for seniors in Canada is growing, but while some see the program as a potential answer to the needs of a rapidly aging society, others say it’s rife with problems and inherently exploitative.

Canada’s Live-In Caregiver Program admits temporary foreign workers to care for children, seniors or people with disabilities, ultimately opening the door to permanent residency.

“It’s becoming busier all the time because it is a very viable alternative for seniors. They can stay in their own home, they don’t have to go into a facility and it’s less expensive,” said Robin Smith, owner of Pacific Live-In Caregivers, a placement agency in Ladysmith.

The number of caregivers admitted to Canada has climbed over the last decade, from 2,685 in 2000 to 12,885 in 2008. There’s been a slight dip in recent years due to changes in the program and more scrutiny of job offers, but the most up-to-date information suggests the program was on track to bring approximately 10,000 people to Canada last year.

A newly published study examining the program concludes that it holds “clear potential” for serving Canada’s aging population — but only if it gets an overhaul.

Workers leave their own families behind to work in Canada and may face excessive work hours, dismal living conditions or unreasonable expectations from their clients and families, the paper finds, and it can be difficult to switch jobs or get help if they’re in a bad situation.

Ivy Bourgeault, Canadian Institutes of Health Research chair in health human resource policy at the University of Ottawa and co-author of the study, says live-in caregivers of the elderly face issues those caring for children do not.

They may be left alone with their charge for extended periods while families are on vacation, she says, and working with adults is generally more physically and emotionally taxing.

“It’s undervalued in terms of remuneration. We often refer to it as ‘unskilled work,’ and believe me, you need a heck of a lot of skill,” she says. “It’s very difficult to recruit for Canadian workers, who all want to have really good jobs. It’s a quid pro quo: they come in, they do the jobs that people don’t want and they get access to Canadian citizenship out of that, and that’s what they buy into.”

Live-in caregivers must apply and come to Canada alone, but after two years of work, they can apply for permanent residency and sponsor their children and spouses to join them.

Citizenship and Immigration data doesn’t differentiate between caregivers for children, seniors or people with disabilities, but the consensus among experts is that more and more live-in caregivers are coming to Canada to care for older adults. The vast majority of Canada’s live-in caregivers are women and people from the Philippines accounted for at least two-thirds of the program over the last decade.

The government says more than 90% of those who enter Canada as live-in caregivers ultimately apply for permanent residency and 98 per cent are successful.

“Increasingly, it’s becoming an eldercare program. We anticipate that will continue in the future with the aging population,” says Minister of Citizenship, Immigration and Multiculturalism Jason Kenney. “The care needs of the future are going to be far larger than can possibly be fulfilled through the live-in caregiver program. We can’t turn our entire immigration program into a caregiver program, obviously. The future demographic changes will mean we’ll have to find more domestic solutions to this challenge.”

Foreign workers are necessary for this program because some families need live-in help and most Canadians or landed immigrants aren’t willing to sign on for that, he says.

In April 2010, the government introduced reforms, giving caregivers more time to fulfil the work requirements to apply for permanent residency and moving the responsibility for paying recruitment fees, medical insurance and half the cost of a caregiver’s travel to employer families.

Many unscrupulous agencies closed their doors after the reforms came into effect because they could no longer charge exorbitant fees to both caregivers and families, says Marna Martin, president of Trafalgar Personnel, a placement agency in Oakville, Ont. Some were listing non-existent jobs with fake employer contacts, charging caregivers fees to bring them to Canada and then leaving them “devastated” with no job or place to live when they arrived, she says.

[Post Media]

Tighter regulations have consequences

The rules governing temporary foreign workers are set to change April 1 when new regulations take effect that will change the way companies hire everybody from oilpatch workers to live-in caregivers. Labour shortages lead to complications whenever they occur, says Evelyn Ackah, a business immigration lawyer in Calgary.

“There definitely was some exploitation of foreign workers,” says Ackah. “Underlying all of these regulatory changes for the foreign worker program is that we recognize . . . that we are an aging population and that foreign workers -skilled and lower-skilled -are going to be key to our future growth.”

Employers who don’t adhere to the new regulation could be “blackballed” on a Citizenship and Immigration Canada website that will be established and banned from using temporary foreign workers for two years. Other changes to the system could further comprise an employer’s international reputation and its ability to use these workers, says Ackah.

“The policies, especially in Alberta, that had been developed during the boom were seen as negatively impacting Canadians and permanent residents of Canada, so they wanted to slow down the tide of foreign workers and focus on taking care of Canadians first,” she says. “The motivation is correct.”

Where problems may arise is in the interpretation of the new rules, which cover everything from time limits to the genuineness of the employment offer and terms of the work permit.

Employers face stricter regulations about the time limit foreign workers can stay in Canada -four years under normal conditions -and a two-year ban from using them for employers who don’t adhere to the new rules. Other conditions include stricter monitoring about the terms of the job offer and a shorter expiry date for labour market opinions -from one year to six months -that demonstrate the inability of an employer to find qualified Canadians to do the job.

“As of April 1, (employers) are going to have some real issues to deal with,” says Ackah, managing lawyer for Ackah Business Immigration Law. “It’s going to be interesting.”

She has no qualm with the motivation behind the new rules -they’re meant to protect Canadian jobs and temporary foreign workers while in Canada -but she says there are bound to be legal challenges in the months to come.

Being labelled a “bad” employer, says Ackah, could have international reputation repercussions, while the regulations leave it open to interpretation as to why a mistake was or was not made when it comes to issues such as job description or hourly pay.

“Who knows what’s considered reasonable and who’s determining it,” she says. “We’re going to learn . . . quickly. The whole act has a lot of room for interpretation.”

The new rules are legally untested territory and Ackah expects a rise in the number of clients seeking advice. The most important part, she says, is for employers to take action now.

“I think this will create a certain sense of urgency for employers. You can’t take it casually any longer.”

Changes to the temporary foreign worker program in Canada

- Maximum time periods: The maximum term a foreign worker can remain in Canada will total four years. After 4 years, the temporary worker would be required to leave Canada and not be allowed to return to work in Canada for at least four years (some exceptions).

- Two-year ban for “bad” employers: If breaches of the new conditions occur, an employer could be banned from the program for two years.

- Genuineness of employer offer: Job offers outlined under a labour market opinion must be validated and strictly adhered to.

- Labour market opinion validity: If a work permit is not obtained prior to the six-month expiry, a new opinion must be submitted.

derek.sankey@telus.net
Calgary Herald
Post Media
Source: Ministry of Citizenship, Immigration and Multiculturalism, Ackah Business Immigration Law

U.S. Citizenship and Immigration Services (USCIS) on January 14, 2010 announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the United States for temporary non-agricultural jobs. USCIS, with limited exception, approves petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. A new list of eligible countries publishes in a Federal Register notice on January 18, 2011, and the designations are valid for one year from the date of publication.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu. Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

After considering a number of relevant factors under the governing regulations, the Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.

This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status. A national from a country that is not on the list may be the beneficiary of an approved H-2A and H-2B petition if the Secretary of Homeland Security determines, in her sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition.

U.S. Citizenship and Immigration Services (USCIS) on January 14, 2010 announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the United States for temporary non-agricultural jobs. USCIS, with limited exception, approves petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. A new list of eligible countries publishes in a Federal Register notice on January 18, 2011, and the designations are valid for one year from the date of publication.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu. Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

After considering a number of relevant factors under the governing regulations, the Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.

This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status. A national from a country that is not on the list may be the beneficiary of an approved H-2A and H-2B petition if the Secretary of Homeland Security determines, in her sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition.

[Source:  visapro.com]

USCIS has recently updated the count of H1B visa petitions received and counted towards the H-1B cap for the fiscal year 2011 employment. As of January 18, 2010, USCIS has received 60,700 H1B cap subject petitions against the cap limit of 65,000. The advanced-degree exemption of 20,000 was reached on December 24, 2010.

FY 2011 H1B Cap Count

Considering that the advanced-degree quota has been met, it is expected that H1Bs may also go off soon.

USCIS has recently updated the count of H1B visa petitions received and counted towards the H-1B cap for the fiscal year 2011 employment. As of January 18, 2010, USCIS has received 60,700 H1B cap subject petitions against the cap limit of 65,000. The advanced-degree exemption of 20,000 was reached on December 24, 2010.

FY 2011 H1B Cap Count

H1B Regular Cap

Cap: 65,000
Eligible Petitions: 60,700
Petition Target Date of Last Count: 01/14/11

Considering that the advanced-degree quota has been met, it is expected that H1Bs may also go off soon.

[Source:  visapro.com]

Canadian law permits dual or multiple citizenships: you can be a citizen of another country and still be recognized as Canadian. There are both advantages and disadvantages to dual citizenship (or dual nationality), and you may not be fully aware of the privileges, obligations, and potential problems that come with it. The Government of Canada has developed this booklet to provide you with important information on dual citizenship.

What is dual citizenship?

You are a dual citizen if you are recognized by more than one country as a citizen. In some cases, you may not be aware that you are a citizen of another country. Dual, or multiple, citizenship may occur by choice or default and result from:

• an application for foreign citizenship
• your place of birth
• family connections, including place of birth of one of your parents or even grandparents
• marriage to a foreign national
• extended residency in a foreign country

How can you find out if you have dual citizenship?

If you want to know if you are a citizen of another country, or eligible to become one, you should contact officials of the country in question or that country’s embassy or consulate in Canada. You will need to provide key information, such as your place and date of birth, your parents’ citizenship, immigration details, and possibly further information about your parents, grandparents, and spouse.

The list of foreign government offices in Canada can be found on-line or by contacting theEnquiries Service of Foreign Affairs and International Trade Canada at 1-800-267-8376or 613-944-4000.

What are the advantages?

Many Canadians remain or become citizens of another country because of practical advantages, including:

• employment opportunities
• entitlement to social programs, such as education, health care, and pensions
• property ownership
• unrestricted residency
• a sense of belonging through personal ties to more than one country

What are the disadvantages?

You should be aware of the possible drawbacks of dual, or multiple, citizenship:

• Your Canadian citizenship may not be recognized in the country of your other citizenship. That country’s authorities will regard you as one of their citizens, especially if you travel under their passport. If you are in trouble and need assistance in the country of your other citizenship, the local officials in that country may not welcome “outside interference” and deny your right to consular assistance from Canada. There could also be problems in a third country if there is confusion about your citizenship.
• You could be subject to a country’s laws that would not apply to a foreign traveller but that affect you as a citizen of that country.

• You may be legally required to register for military service and to respond to call-up orders in the country of your other nationality. This obligation may be enforced even if you are just visiting that country and permanently reside in Canada. Some countries do not accept ignorance as an excuse for failure to comply. The consequences could be imprisonment or immediate induction into military service the next time you arrive in the country or attempt to leave. Even dual citizens who have passed the age for military service may be considered defaulters for failing to report at the required time.
• You could have tax obligations not only in Canada but also in the country of your second citizenship. Taxation arrangements between countries are complex, and you should discuss these obligations with your financial and/or legal advisers.
• You might be subject to increased scrutiny by immigration and security officials if you travel with more than one passport. You could be questioned about missing entry or exit stamps, as well as your reason for having two travel documents. In some countries, possession of a second passport could result in its confiscation or a fine. You may even be prevented from leaving the country.

• A marriage performed in Canada may not be considered legal in another country (even though Canada acknowledges the legality of foreign marriages), and divorce and child custody documents issued by Canadian courts may not be recognized abroad.
• You could be held liable for reimbursing educational costs, especially if the country of your other nationality provided you with free education at the secondary or professional level or paid for your education in Canada or a third country.
• The country of your second citizenship may prohibit the transfer of an inheritance to you as a dual national.

How can you prevent problems?

If you are a dual citizen, or are considering becoming one, you can minimize risks and complications for yourself and your family by learning about the consequences of having dual citizenship and taking these actions:

• Know your citizenship status. Obtain information from the appropriate authorities of any country where you may be a citizen. Also be sure to contact Citizenship and Immigration Canada or the nearest Canadian government office abroad. Canadian officials will be happy to provide you with information or tell you where it may be available.
• Find out whether dual citizenship will create difficulties for you, if the country of your other citizenship recognizes dual nationality, and whether you can keep your foreign citizenship, before applying for Canadian citizenship.

• Consider formally renouncing your second citizenship, if you are able do so and if it will eliminate certain risks. Citizenship cannot be renounced simply by making a personal declaration. You need to apply to the appropriate authorities of the country concerned and obtain formal approval. The necessary procedures can be lengthy and complex. Contact the country’s embassy or consulate in Canada for information.
• Contact the appropriate officials of the country of your second nationality before visiting there if you have any questions or concerns.

• Find out if you have obligations, such as taxes, military service, or repayment of educational costs, in any country where you are a citizen. Have the information confirmed in writing and carry the document while travelling.
• Contact the nearest Canadian embassy or consulate immediately if you run into problems related to dual citizenship. If you cannot make contact and require immediate assistance, call collect to the Emergency Operations Centre of Foreign Affairs and International Trade Canada in Ottawa at 613-996-8885 (where service is available). Or contact us by e-mail, at sos@international.gc.ca.

[Source: voyage.gc.ca]

There are two official languages in Canada: English and French. Almost everyone in Canada speaks at least one of these languages; millions of Canadians speak both. There are Anglophone and Francophone communities in every province and territory. English is the language of the majority everywhere in Canada, except in the province of Quebec, where French is the official language. French is spoken in many communities in other provinces, especially New Brunswick, Ontario and Manitoba. New Brunswick is an officially bilingual province.

One of the most important skills you will need to adapt to life here in Canada is to speak English or French. Once you learn one or both of these languages, you will find it easier to get a job, to understand Canada and to communicate with your children, who will be busy learning English or French at school. Knowing both languages is strongly encouraged because bilingualism makes it easier to integrate into Canadian society, especially into the labour force.

There are many language courses available, and many of them are free. Sometimes these courses are called “ESL” for English as a Second Language, or “FSL” for French as a Second Language.

Language Instruction for Newcomers to Canada (LINC)

The Government of Canada, in cooperation with provincial governments, school boards, community colleges and immigrant-serving organizations, offers free language training across the country to adult permanent residents. In most provinces, the name of the program is LINC. (In French, this program is known as CLIC, for Cours de langue pour les immigrants au Canada.) LINC can also assess your current language skills to find out which training program would be best for you.

LINC offers both full- and part-time classes to suit your needs. Most LINC centres can also refer you to other non-LINC classes in your area, and some offer free child care while you attend classes.

Remember, language classes are available for all the adults in your family, not just the person who may be looking for work.

For More Information: www.servicesfornewcomers.cic.gc.ca

What does it mean to be a Canadian citizen?

Citizenship means working together with all other Canadians to build a stronger Canada, and making sure our values, dreams and goals are reflected in our institutions, laws and relationships with one another. Canada is a country that:

• is free and democratic;
• is multicultural;
• has two official languages; and
• extends equal treatment to all its citizens.

Each Canadian, whether a citizen by birth or by naturalization, enjoys certain rights and freedoms, for example:

• the right to vote or to be a candidate for elections in Canada;
• the right to apply for a Canadian passport.

Canadians also share rights and freedoms with permanent residents, for example:

• the right to enter, remain in or leave Canada;
• the right to reside in any province or territory.

Who is a Canadian citizen?

• In general, you are a Canadian citizen if you were born in Canada. You are not a Canadian citizen if you were born in Canada and at the time of your birth, your parents were neither Canadian citizens nor permanent residents, and at least one parent had diplomatic status in Canada.
• In general, you are a Canadian citizen if you became a citizen through the naturalization process in Canada (i.e., you were a permanent resident [a landed immigrant] before you became a citizen).
• In general, you are a Canadian citizen if you were born outside Canada and one of your parents was a Canadian citizen at the time of your birth because the parent was either born in Canada or naturalized in Canada (i.e., the parent was a permanent resident [a landed immigrant] before becoming a citizen). You are the first generation born outside Canada. For more information, please see the “First generation limit to citizenship by descent” section.
• You may be a Canadian citizen if you were born outside Canada between January 1, 1947, and April 16, 2009 inclusively, to a Canadian parent who was also born outside Canada to a Canadian parent (you are the second or subsequent generation born outside Canada). If you think this may apply to you and you need more information, please contact us (see the “Contact Information” section at the end of this publication).

First generation limit to citizenship by descent

As of April 17, 2009, citizenship by descent (that is, citizenship through a parent) is limited to the first generation born or adopted outside Canada.

In general, people born outside Canada to a Canadian citizen on or after April 17, 2009, are Canadians at birth only if one of their parents:

• was born in Canada, or
• became a Canadian citizen by immigrating to Canada (becoming a permanent resident) and being granted citizenship (also known as naturalization).*

This first generation limit also applies to children adopted by a Canadian parent outside Canada, if the parent was born outside Canada to a Canadian parent, or if the parent had become a citizen through the citizenship adoption process. The first generation limit does not apply to children adopted by a Canadian parent who became a citizen through the regular grant process after immigrating to Canada.

This first generation limit does not apply to a child born outside Canada in the second or subsequent generation, or adopted outside Canada in the second or subsequent generation if, at the time of the child’s birth or adoption, the Canadian parent is working outside Canada as an employee of the Canadian government or a Canadian province or territory or serving outside Canada with the Canadian Forces.

It is important to note that the first generation limit does not take citizenship away from a person who is a citizen on April 16, 2009.

* Some naturalized citizens became citizens by descent by operation of law on April 17, 2009. If you think this may apply to you and you need more information, please contact us (see the “Contact information” section at the end of this publication).

Who can become a Canadian citizen?

To become a Canadian citizen:

• you must be 18 years of age or older;
• you must be a permanent resident who has lived in Canada for three of the four years immediately preceding the application;
• you must be able to communicate in English or French; and
• you must have knowledge of Canada, including the rights and responsibilities of citizenship.

Minors: Parents or legal guardians may apply for citizenship on behalf of a minor (under 18 years of age) as soon as the minor receives permanent resident status. To apply on behalf of a minor, one parent must already be a Canadian citizen or must be applying to become a citizen at the same time.

Citizenship for foreign–born adopted persons: Foreign–born persons adopted by a Canadian citizen on or after January 1, 1947, may be eligible for citizenship without having to either become permanent residents or live in Canada. For more information on the citizenship process for adopted people, please contact us (see the “Contact Information” section at the end of this publication).

Who cannot become a Canadian citizen?

In general, you cannot become a Canadian citizen if:

• you are in prison, on parole or on probation;
• in the past four years, you were in prison, on parole or on probation for a year or more;
• you were convicted of an indictable offence or crime, or an offence under theCitizenship Act in the three years preceding your application;
• you are under a removal order (instructed by Canadian officials to leave Canada);
• you are under investigation for, are charged with, or you were convicted of a war crime or a crime against humanity; or
• your Canadian citizenship has been taken away (revoked) in the past five years.

[Source: cic.gc.ca]

Don’t be the victim of a scam

If the offer seems too good to be true, it probably is.

Beware of immigration fraud and scams

You may have seen advertisements that promise work permits and guarantee high-paying jobs in Canada. Some offer scholarships to study at Canadian universities or colleges. Some even promise free transportation to Canada. Potential newcomers to Canada should be aware that many offers like this are fraudulent. In fact, using the services of people who make such promises may result in your application to Canada being rejected.

Canada’s immigration system is based on fairness. Every application receives equal consideration. No one has special connections, and no one can promise your application will be given special treatment or guarantee that it will be approved.

What you need to know:

• You do not need to hire an immigration representative, including a consultant or a lawyer, to apply for a visa or for Canadian citizenship.
• Immigration representatives do not have special connections with Canadian government officials and cannot guarantee you a visa. Nobody can guarantee you a visa.
• Only authorized officers at Canadian embassies, high commissions and consulates can decide whether or not to issue a visa.
• Don’t be tempted into using false documents as this will result in your application being refused.
• Beware of Internet scams and false websites. The official website of Citizenship and Immigration Canada (CIC) is www.cic.gc.ca.
• You will find free application forms and guides for any type of visa on the CICwebsite.
• Processing fees are the same at all Canadian visa offices around the world. Fees in local currency are based on official exchange rates and correspond to the amount in Canadian dollars.
• Canadian visa offices will never ask you to deposit money into an individual’s personal bank account or to transfer money through a specific private company.
• If you have questions, contact CIC or the visa office responsible for your area.

Choosing an immigration representative, consultant or lawyer

If you do decide to hire an immigration representative, choose carefully:

• ask someone you trust to recommend someone;
• talk to several different representatives before you decide which one to hire; check references and find out how long they have been in business;
• make sure you understand exactly what services they will provide, and how much they will charge you. Get this information in writing.

Do not hire anyone who is not authorized by the government of Canada!

The only people who may charge a fee to represent or advise you on immigration and refugee matters with the government of Canada are:

• lawyers who are members in good standing of a Canadian provincial or territorial law society;
• notaries who are members in good standing of the Chambre des notaires du Québec; and
• immigration consultants who are members in good standing of the Canadian Society of Immigration Consultants.

The government of Canada will not deal with representatives it has not authorized and who charge a fee for their service.

To find out whether the person you are thinking of hiring to represent you is authorized by the government of Canada, ask if they are a member of one of the organizations listed above. You can then check with the organization to make sure the person is authorized. Contact information for all of these organizations can be found on the CICwebsite at www.cic.gc.ca/fraud.

[Source: cic.gc.ca]

Citizenship and Immigration Canada (CIC) administers the Immigration and Refugee Protection Act and the Citizenship Act. Our mission is to build a stronger Canada by:

• maximizing the benefits from the global movement of people;
• protecting refugees at home and abroad;
• defining membership in Canadian society; and
• managing access to Canada.

Snapshot

To support the development of a strong and prosperous Canadian economy, Canada welcomes three classes of business immigrants: investors, entrepreneurs and self-employed persons.

Investors must make a $800,000 investment that is used by the provinces for economic development and job creation.

Entrepreneurs must own and manage a business in Canada that creates employment for Canadian citizens or permanent residents.

Self-employed persons must have the ability to employ themselves and make significant contributions to cultural activities, athletics or farming.

Note: The following information does not apply to business immigrants who intend to live in the province of Quebec. Under the Canada-Quebec Accord, Quebec selects its own business immigrants.

Requirements for investors

To be eligible for immigration as an investor, an applicant must:

1. make a prescribed investment of $800,000, payable to the Receiver General of Canada. This investment is subsequently allocated to participating provinces and territories in Canada, which use the funds for job creation and economic development. The full amount of the investment (without interest) is repaid to the investor after approximately five years. The return of the investment is fully guaranteed;
2. have a legally obtained net worth of at least $1 600,000; and
3. for at least two one-year periods in the period beginning five years before the date of application, have either:
   1. managed and controlled a percentage of the equity of a qualifying business, or
   2. managed at least five employees or full-time job equivalents per year in a business, or
   3. a combination of a. and b. above

To establish whether a business is a “qualifying business” during a year for the purposes of selecting investors and entrepreneurs, the business must not have been operated primarily for the purpose of deriving investment income (such as interest, dividends or capital gains), and the applicant must provide documentary evidence that the business meets at least two of the following criteria:

• the percentage of equity, multiplied by the number of full-time job equivalents, is equal to or greater than two full-time job equivalents per year;
• the percentage of equity, multiplied by the total annual sales, is equal to or greater than $500,000;
• the percentage of equity, multiplied by the net income for the year, is equal to or greater than $50,000; or
• the percentage of equity, multiplied by the net assets at the end of the year, is equal to or greater than $125,000.

Requirements for entrepreneurs

To be eligible for immigration as an entrepreneur, an applicant must:

1. have managed and controlled a percentage of the equity of a qualifying business for at least two one-year periods in the period beginning five years before the date of application;
2. have a legally obtained net worth of at least $300,000; and
3. intend and be able to manage and control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 percent, and create at least one full-time job equivalent for Canadian citizens or permanent residents, other than the entrepreneur and his or her family members, for a period of at least one year within three years of arriving in Canada.

To establish whether a business is a “qualifying Canadian business” during a year for the purposes of 3) above, the business must not have been operated primarily for the purpose of deriving investment income (such as interest, dividends or capital gains), and an applicant must provide documentary evidence that the business meets at least two of the following criteria:

• the percentage of equity, multiplied by the number of full-time job equivalents, is equal to or greater than two full-time job equivalents per year;
• the percentage of equity, multiplied by the total annual sales, is equal to or greater than $250,000;
• the percentage of equity, multiplied by the net income for the year, is equal to or greater than $25,000; or
• the percentage of equity, multiplied by the net assets at the end of the year, is equal to or greater than $125,000.

Requirements for self-employed persons

To be eligible for immigration as a self-employed person, an applicant must have at least two one-year periods of one of the following types of experience in the period beginning five years before the date of application:

• self-employment or participation at a world-class level in cultural activities;
• self-employment or participation at a world-class level in athletics; or
• farm management experience.

Self-employed persons must have the intention and ability to be self-employed in Canada and to make significant contributions to cultural activities or athletics, or to purchase and manage a farm.

Selection criteria

To be eligible for selection as business immigrants, applicants must first meet the definition of the class under which they are applying (investor, entrepreneur or self-employed person). Applicants are then assessed against five selection criteria and must obtain a minimum of 35 points.

The selection criteria and maximum points allocated are as follows.

Important notes

1. Selection is based on the documents provided and the qualities of the applicant, as assessed against the selection criteria. An interview may be required. A visa officer will ask the applicant to explain any ambiguities, inconsistencies, shortcomings or gaps in these documents during the interview.
2. The pass mark, as of June 28, 2002, is 35 points for all business immigrants; however, the pass mark can change at the direction of the minister.
3. All dollar amounts cited in this document are in Canadian dollars.

For additional information about CIC’s business programs and access to all our online application forms and guides, please visit our website atwww.cic.gc.ca/english/immigrate/business.

[Source:cic.gc.ca]