MPNP and Misrepresentation

The Manitoba Provincial Nominee Program (MPNP) is one of the best and easiest ways for Permanent Resident status. The Manitoba government helps thousands of Skilled Worker, Investors and Entrepreneurs every year to achieve their goals of settling in Canada. The steps to Permanent Resident (PR) status can be arduous for many applicants who are looking for a quick and easy way to move to Canada. One of the issues that applicants face is misrepresentation, per Section 40 of IRPA.

Under Canadian immigration law, the legal definition of “misrepresentation” is broad and covers both direct as well as indirect misrepresentation. This means that applicants may be subject to a 5-year ban from Canada even when their representative is at fault.

Fraudulent claims for provincial nominees is a problem across Canada. Recently, the program in PEI has been under (another) investigation due to applicants who are providing incorrect information to the government. As reported by the National Post:

A second federal probe is underway in Prince Edward Island alleging hundreds of people gained permanent residency in Canada by using local addresses where they didn’t live, under a provincial business immigration system that’s faced criticism for loose oversight.

This issue may be a problem for both applicants and representatives should they find that the representatives knowingly assisted these applicants to mislead the government.

The allegations, which have not been proven in court, come just two months after two Charlottetown hoteliers were charged with aiding in immigration fraud, with the CBSA alleging 566 immigrants used the addresses of the siblings’ hotel and home.

This case is similar to another case from British Colombia. In that case, representatives provided fake documents to Chinese citizens in order for them to qualify for the program. The agency in Vancouver is also under investigation by the police:

Last year, Chinese immigrants in Vancouver were sentenced to jail and fined for immigration fraud involving 1,600 immigrants for fraudulently helping them obtain permanent residency by measures that “included creating the fictitious appearance of Canadian residency.”

The CBSA says that to date it can confirm 81 deportations from that case, with orders to remove 160 other people, with some appeals pending.

Fraud and misrepresentation is not tolerated under Canadian law; however, applicants have the right to due process. In circumstances where the allegation is unfounded and/or there are mitigating circumstances, we advocate for applicants to have their cases reconsidered so that they are able to stay in Canada.

Health Care for Int’l Students

The Manitoba government recently announced that they are planning to repeal Health Care benefits for international students. Here at Clarke Immigration Law, we fundamentally disagree with this decision and urge Premier Pallister and his cabinet to reconsider this decision.

International Students Benefit Everyone

Our former Minister of Immigration and former profession at the University of Manitoba, John McCallum gave the keynote speech at the national CBA conference for immigration lawyers across Canada in 2016. During that speech, he highlighted the importance of supporting international students. These are highly skilled individuals who have been vetted by our learning institutions and they pay more in tuition for the privilege of studying in Canadian schools. These students, some of the brightest minds in the world, then seek to establish themselves and, possibly, their families in Canada.

Health Care

The Canadian health care system is arguably the best in the world. Doctors, nurses, nurse practitioners, health care aides and many other professionals ensure that we receive the best services available. US media just had a field day when Canadian doctors protested that they are being paid too much. Presumably, this would be very unlikely south of the border.

International students are savvy. They look at schools in Manitoba and compare them with schools elsewhere. One of the benefits of coming to our province is the health care benefits. To attract these students, we need to ensure that they know they will be taken care of during their studies.

Long Term Policies

I fundamentally believe that maintaining health care benefits for international students is in the long-term interest of Manitoba. These students spend their summers working and their winters studying. They become settled in the province and they become connected to their communities. With the time that they spend developing their relationships, both personal and professional, they deepen their ties to this province. Keeping talent is in the best interest for the future.

Small Savings for Big Sacrifice

Let’s be honest. Cutting health care for international students is going to save very little on the bottom line. For the most part, these are young individuals with minor health issues. They have already been vetted before coming to Canada. This type of cost-cutting shows a short term perspective. The sacrifice to the province will be significant if international students decide to go elsewhere with their tuition dollars.

We urge the Manitoba government to reconsider this decision. This change in policy is not in the best interests of Manitoba.

 

MPNP Investors Conference

Thank you for all those who attended or participated in the EB5 Immigration Investors conference in Las Vegas. In particular, I want to thank those who attended my panel on Canada – MPNP Investors’ streams. The conference was a great opportunity for professionals from around the globe to connect on projects and to share ideas. Increasingly, clients are looking global for immigration solutions and our panel on international options was extremely well attended (standing room only!). Initially, they may be focused on New York or Miami and then, when they explore Canadian options, they need experienced counsel to guide through Canadian immigration law.

MPNP Investor

We were able to connect with lawyers, agents and other professionals from India, China, Vietnam, UK, Hong Kong, Cypress, Grenada and many other jurisdictions. Overall, the EB5 conference was a huge success and all the staff at Clarke Immigration Law is excited to work with business leaders and investors.

During our panel on MPNP, we received many good questions on the program. As noted by the Manitoba government, the Business Investor Stream reopened in Q1 of 2018 (Entrepreneur Pathway). The government has continued to focus on strong applications that includes evidence from investors who genuine interest in Canada and a sound track record of solid business acumen.

On a side note, I will add that Las Vegas was a lot of fun. At Clarke Immigration Law, we firmly believe in building relationships. Our personal connections with professionals from around the world help our clients and the benefits of networking go both ways. I look forward to making good referrals to our new connections and I hope if we receive referrals that we will handle the matters to fruition.

MPNP Investor

If you would like a copy of our MPNP Investors Powerpoint presentation from the conference, please contact Heavenly in our office. She may be able to assist with that request.

If you are interested in retaining our services for an MPNP Investor/ Entrepreneur application, please contact our office directly. We guarantee that a staff member will return your request in a timely fashion.

For more information on the EB5 conferences, please click here to navigate their website. They have recently put up a video from the conference. The next conference will be held in Vietnam next month and I wish the best to all the speakers and presenters.

 

MPNP Labour Market Update

The province of Manitoba has reviewed the gaps in the local economy and provided a labour market update. As previously notes, there are professions that are not being considered for Nomination Certificates. The province was granted 5,500 certificates from the federal government in 2017 and those certificates are being currently distributed based on the MPNP applications.

One of the questions that we regularly get from our clients is about “average processing times”. Please note, however, that MPNP does not operate on a first-in, first-out system. Therefore, unlike other immigration applications to Canada, we cannot predict the processing time for MPNP applications. We have seen applications selected after being in the system for a few days (less than 1 week) but we have also seen weak applications stay in the system for more than 12 months. If you have questions regarding your application, please contact us directly.

Currently, the MPNP program is seeking individuals from these professions:

  • Long Haul Transport Drivers (HGV Drivers)
  • Heavy Equipment Service Technicians
  • Furniture Sample Maker
  • Upholsterer

The National Occupation Classification (NOC) codes must match and individuals who are interested in applying under the above categories must demonstrate experience and/or education in the labour market to qualify.

Applicants in UK may benefit from meeting directly with MPNP staff. They will be in London, England from November 6 to 10, 2017. If you would like an appointment with MPNP staff, please contact our office and we can make arrangements.

For more information regarding labour market update and the selected professions please review:

Heavy Equipment Service Technician Automotive service technicians diagnose, repair and service mechanical, electrical and electronic systems and components of cars, buses, and light and commercial transport trucks. Primary duties of are adjust, repair or replace parts and components of commercial transport trucks, trailers and agricultural equipment. Review work orders and discuss work with supervisor,  Inspect motor in operation, road test motor vehicle, and test automotive systems and components using computerized diagnostic and other testing devices to diagnose and isolate faults.  Adjust, repair or replace parts and components of automotive systems including fuel system, brakes, steering and suspension, engine and drive train, emission control and exhaust, cooling and climate control, and electrical and electronic systems using hand tools and other specialized automotive repair equipment.  Test and adjust repaired systems to manufacturer’s performance specifications.  Perform scheduled maintenance service, such as oil changes, lubrications and tune ups.  Advise customers on work performed, general vehicle condition and future repair requirements.

Furniture Sample Maker  A Furniture Sample Maker performs some or all of the following duties which include production of first build upholstered samples including all upholstery patterns and pattern labeling. Ensure new product can be manufactured effectively and efficiently. Generation of support documentation which includes Upholstery specs and Bill of Material, Prototype sewing book, Photos if required.  They focus on quality of product and maintenance of upholstery standards while working with team members to ensure target costs are met in the build process.   Is responsible to generate innovative ideas to reduce costs and improve quality. Interaction with frame technicians to ensure consistency and correct design to meet upholstery requirements and standards as well as with sewers to ensure consistent sewing standards are met.  Re-engineering of existing product for the implementation of changes to improve manufacturing efficiencies or cost reductions.  Assist manufacturing, when requested to do by management.  Assist in the development of a sample makers. Help improve pattern making standards when necessary.  Identify process improvements and provide suggestions on how to decrease development times and how to improve the quality of our designs and data.

Upholsterer An Upholsterer performs some or all of the following duties which include Discuss upholstery fabric, colour, and style with customers and provide cost estimate for upholstering furniture or other items, they Lay out, measure and cut upholstery materials according to sketches or design specifications. Replace worn-out webbing, springs and other furniture parts using hand and power tools, operate sewing machines or sew upholstery materials by hand to seam cushions and join sections of covering materials.  Install padding and underlays and fasten covering materials to furniture frames. Tack, glue or sew ornamental trim, braids or buttons on upholstered items, repair furniture frames and refinish wood surfaces, make upholstery patterns from sketches, customer descriptions or blueprints and install, fabricate, maintain and repair interior components of aircraft, such as seats, coverings, drapes, cargo nets, flooring, closets, bins and panels.

MPNP’s Labour Market update is based on conversations with Manitoba businesses to ensure that the economy has workers to meet the needs of the local business. We work with those businesses to secure LMIAs so that they can hire the best workers and ensure that businesses have the necessary skills and talent for success.

Free Presentation: Law in the Library

As part of the Law in the Library series, Alastair Clarke will be giving a free presentation to the public on October 19, 2017 at St. Boniface Library at 131 Provencher Boulevard. Everyone is welcome to attend.

Free Presentation

Topics:

Please note that we cannot give individual legal advice during this free presentation. The purpose of the presentation is for information purposes and to inform the public on changes to Canadian Immigration Law. We constantly talk to clients who hear wrong information or information that is out of date. The laws in Canada for immigration and refugees are constantly in flux. Our goal is to make sure that Manitobans understand the laws so they can avoid mistakes and they have clear expectations when they submit applications to IRCC or CBSA of any of the Visa Offices around the world.

For more information, check out the CLEA Website for more details and to RSVP.

CLEA’s Mission Statement:

CLEA is a charitable organization that provides legal information to Manitobans. We believe that legal knowledge is necessary for full and equal participation in our society.

CLEA develops programs and resources especially to work with communities where there are understood needs. These services help individuals better understand our legal system and how to resolve their legal issues.

Goals

Program Strategy

To meet the diverse information needs of our community, we have adopted the following objectives to help us plan our programs:

  • Individuals Focus To provide information about the law, legal system and sources of legal assistance in response to requests.
  • Intermediaries Focus To provide service providers and representative groups with information about: the law, legal system, sources of legal assistance and law reform.

Access to Justice Focus

To identify barriers and promote possible solutions to support a more equitable and accessible justice system that is responsive to the needs of Manitoba’s diverse communities.

WFP: American family gets another chance to stay in Canada

Clarke immigration law has been representing the American family with their application for Permanent Resident Status in Canada through the MPNP-Business program. The media has been extremely supportive and this American family has received significant support from their rural community in Manitoba and across Canada.

The Winnipeg Free Press published an article with an update yesterday. Here is an excerpt:

MPNP

MPNP

The Warkentin family, faced with a looming deportation deadline, learned this week Immigration, Refugees and Citizenship Canada is allowing them to renew their application for permanent residency.

“Canada is letting us reopen our file and we have 60 days to resubmit more information and show our worthiness,” Jon Warkentin said over the phone from the family-owned Harvest Lodge outfitting business on the Waterhen River.

The Warkentins came to Canada from Colorado in 2013 to operate the outfitting business. They applied for permanent residency, intending to put down roots in the village of Waterhen, about 320 kilometres northwest of Winnipeg.

A year after they arrived, the family was given a bleak diagnosis: the youngest of Jon and wife Karissa’s four children, then-three-year-old daughter Karalynn, had epilepsy and global-developmental delay.

The diagnosis threw a bureaucratic wrench into the family’s dreams of staying in Canada.

Ottawa denied their application this spring on the grounds Karalynn might cause “excessive demand” on health or social services in this country. As a result, the entire family faced being the imminent prospect of being forced out of the country when their current work permit expired Nov. 24.

This summer, they hired Winnipeg lawyer Alastair Clarke to explore their options.

Clarke worked through the bureaucracy, trying to convince federal officials to give the family a second shot. At the same time, he filed a motion in to have a federal judge look at the case.

It was the bureaucracy that came through first, Warkentin said, adding the family now has the choice of withdrawing the court action. The second chance offered this week gives the Warkentins what they wanted from a judge, without the need for time in court.

“The permanent residency is back in process, and they qualify for an extension to their work permit,” Clarke said.

Click here to read the full story by Alexandra Paul.

We will continue to support this American family with their goals of coming to Canada. This family came to invest in Manitoba as business leaders. They have invested more than $600,000.00 in Canada and, we believe, they will be contributing to Canada for decades in the future.

Global News: Immigration Canada reopens application

We want to thank Global News for highlighting our cases. The media attention and support from the community has been helpful to bring light to these important issues. We use all the tools available to us to make sure our clients get positive results.

Here is an excerpt from the article posted on Global News:

The decision to reopen the family’s case comes after more than a month of back and forth between the Department of Justice, which represents Immigration Canada in legal matters, and the family’s lawyer, Alastair Clarke.

Clarke said the decision by Immigration Canada to overturn its earlier ruling – which would have seen the Warkentins and their four children sent back to the United States once their temporary working visas expire in November – is a direct result of public pressure and attention placed upon the government following Global News’ in-depth look into the family’s situation.

“We received notification today from [Immigration Canada] that they have reversed their decision and reopened the Warkentin application,” said Clarke, who argued the government overlooked important information and relied on unfounded medical diagnoses when initially denying the family’s application. “We have been working on this file for a long time and thank you to Global News for all the coverage in addition to all the public support.”

For the full article, please visit the Global News website. For this case, we have also been working with the MP’s office as well as MPNP. We will continue to work on this file to make sure that Jon and Karissa’s status in Canada is secure. We believe that this result was achieved through our litigation strategy to make sure that we use all our resources to ensure that IRCC Officers fully consider all the circumstances of the case. In cases where the IRCC Officer has not fully considered all the information, we want to work with Officers and Managers to make sure they understand all the important aspects of the application.

We will be continuing to work on medical inadmissibility files and helping to assist families in Manitoba. If you or your loved ones need legal assistance, please contact our office.

“Warkentin family still battling to overturn a decision from Immigration Canada”

FROM 730CKDM.COM: 

The Warkentin family from Waterhen are still battling to overturn a decision from Immigration Canada which denied them Permanent Resident status because of their daughter’s disability.

The family has hired Alastair Clarke, an immigration lawyer from Winnipeg to handle their case.

Clarke provides some insight to Immigration Canada’s decision.

“Unfortunately medical inadmissibility are not uncommon. Generally the individuals who face this type of issue come to me before a refusal. In this case the Warkentin family responded to the fairness letter, submitted all the evidence and then after it was refused, that’s when they came.”

If the decision cannot be reversed, the Warkentins could face moving back to the U.S. by November of this year, when their visas run out.

MPNP Draw #32

Please be advised that the Manitoba Provincial Nominee Program has selection another group of immigrants from its pool. These individuals will be subject to the new $500 application fee.

SKILLED WORKERS IN MANITOBA

  • Number of Letters of Advice to Apply issued: 458
  • Ranking score of lowest-ranked candidate invited: 612

SKILLED WORKERS OVERSEAS

  • Number of Letters of Advice to Apply issued: 36 who were invited directly by the MPNP under a Strategic Recruitment Initiative
  • Ranking score of lowest-ranked candidate invited: 712

For more information, please refer to the information posted on the Manitoba MPNP website or contact our office directly.

Work Permit Support Letters (WPSL)

Work Permits are issued by IRCC (formerly CIC) to eligible applicants. Individuals who are going through the MPNP process may be eligible for a Work Permit, as long as they have the proper documentation. If they have the support of MPNP, they will be issued a WPSL by the Government of Manitoba which will be part of their package to the Department of Immigration (Federal) for their Work Permit.

To apply for a Work Permit for MPNP Candidates, the applicant will need the support of their employer. The letter of employment must include all the information about the job/ position and their duties. The minimum requirements are as follows:

  • letter must be on company letterhead and include your job title, job duties,
  • must include proper job title
  • must include a description of duties,
  • must include salary / wage information, start date and contact information for the signatory of the letter.
  • must include start date and contact information for the signatory of the letter.
  • must include the employer’s contact information on company letterhead.

If the applicant’s employer does not include the above information, MPNP may not issue the Work Permit Support Letter (WPSL). Your employer must also comply with all the necessary provisions of Manitoba regarding Employment Standards.

As noted by MPNP:

The issuance of a work permit support letter is at the sole discretion of the MPNP. The MPNP may not issue a work permit support letter if the MPNP is not satisfied with the bona fides of the employer, the employment conditions, or your ability to economically establish in Manitoba.  Your employer must be incorporated or registered by or under an act of the legislature of a province or the Parliament of Canada and operating as a business that has an established production capability, plant or place of business in Manitoba. Your employer must demonstrate to the satisfaction of the MPNP that they are an established business with an ability to offer you full-time and long-term employment in Manitoba. If you are not issued a work permit support letter and seek other work permit options, please see the website of Immigration, Refugee and Citizenship Canada.

For assistance please contact our office directly at 204.599.6966.