$1000 Fee Waived for Nannies

In June 2014, the Labour Market Opinion (LMO) was replaced by the Labour Market Impact Assessment (LMIA) and employers and families have been very critical of the new system. One of the major criticisms was the fee for families who needed an LMIA in order to hire nannies or caregivers for their children or family members. This has been particularly hard for the Filipino community.

The Liberal government recently announced that families who require caregivers may now qualify for a waiver to the $1000.00 CAD LMIA fee. This means that they do not have to pay the government fee for the application and it will be easier for them to go through the process.

This announcement is beneficial for families and the caregivers themselves. The $1000 LMIA processing fee has been problematic on many fronts and it has caused corruption in the system. Nannies who need jobs were put in a position of offering or negotiating with potential employers on how to pay the $1000 fee or get around it. By law, the employers must pay the government fee and the nanny cannot be required compensate their employers afterward.

Qualifying Families

To qualify for the $1000 waiver, the family that requires the nanny must earn less than $150.000.00 in household income. These families may apply to have a caregiver come and take care of a family member who has physical or mental conditions that require assistance.

How Many Nannies?

Based on the government report, the $1000 waiver may apply to many families in Canada who require assistance.

Data published Wednesday suggested the government expects the changes to benefit 3,357 applicants per year who meet the income threshold, and a further 827 households who hire caregivers for those with physical or mental disabilities.

As noted by the Ottawa Citizen, this program could be very beneficial.

LMIA Applications for Nannies

If you require assistance for child care providers, live-in caregiver or nannies (NOC 4411), please contact our office for assistance. 

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.

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.

Presentation: Refugee Crisis in Manitoba

Please note that Alastair Clarke accepted an invitation to present at Menno Simons College tomorrow on the Refugee Crisis in Manitoba. Regular readers of this blog will know that Clarke Immigration Law has provided legal services to many of the refugee claimants who are coming to Canada from the United States. Many of this people, including women and children, are crossing on foot.

The event itself is from 12:30-1:20. Each presenter has 10 minutes to share on some aspect of the current migrant refugee crisis affecting out city and surrounding areas.

Though our event is over lunchtime, we are only able to provide a snack.

Alastair will be talking about  areas of refugee law:

  1. How the Safe Third Country Agreement is putting the people at risk
  2. An overview of the relevant sections of IRPA

The main focus of the presentation is to answer questions from the public and to engage discussion on these important issues. There has been a huge increase in the numbers of people who have been entering Manitoba and this refugee crisis is only going to get worse as the weather gets warmer and it becomes easier to cross. In addition, there is no indication that the American government is taking any steps to help the refugee claimants on their side of their border.

After the border

FROM WINNIPEG FREE PRESS

Immigration experts say there’s no reason to fear ‘back door’ migrants

Concerns that asylum seekers streaming across the border into Canada could represent a security threat to the country might be understandable, but are not valid, says a law professor who has studied the results of refugee claimants.

That stereotype only serves to create racial tension, said Sean Rehaag, associate professor at Osgoode Hall Law School at York University in Toronto.

“You need to be very cautious about assertions that particular groups are more of a risk of security or criminality than other groups,” Rehaag said in an interview. “Almost any study suggests that criminality is less of a concern among recent newcomers than the settled population.”

Read the full article…

Spousal Open Work Permit – Extended to Dec 2017

As expected, the hugely successful Open Work Permit program for applicants under the In-Canada Spousal Sponsorship application has been extended for another year. Part of the announcement:

Ottawa, December 7, 2016 — Family reunification is a core immigration priority for the Government of Canada. In addition to the changes made today to process spousal sponsorship applications faster, we are also extending the open work permit pilot program until December 21, 2017, to give spouses a chance to work while their application is being finalized.

To be eligible for an open work permit, you must be a spouse or common-law partner living in Canada who is being sponsored under the spouse or common-law partner in Canada (SCLPC) class. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor.

Premier Plans to Eliminate MPNP Backlog

Premier Pallister announced changes and improvement to the MPNP program today, including a promise to eliminate the MPNP backlog. Here is an excerpt from the News Release:Winnipeg Immigration Lawyer

The premier noted the changes announced today are part of a new Labour Market Strategy for Immigration that focuses on:
• innovative partnerships with industry and post-secondary institutions that build pathways to employment for international students and skilled newcomers, including those in regulated occupations, to better prepare and match them to in-demand jobs in Manitoba;
• the selection of skilled workers with high potential for early and strong attachment to the labour market and who meet education, training and language requirements;
• the selection of entrepreneurs with a strong potential to establish high-investment, job-creating businesses in all regions of the province; and
• the elimination of the current MPNP backlog by April 2017 to ensure all future applicants receive a higher standard of service and are processed in less than six months.

We will have to see how these announcements will affect our clients and MPNP applicants. If they are able to eliminate the backlog, this could lead to increased efficiency.

The Premier went on to say:

“Manitoba is once again open for business, offering a diverse economic base with areas of undiscovered potential ready for the expansion of existing businesses, development of our entrepreneurial talent, and attraction of new investment and the opportunities it will bring,” said Pallister.  “Renewing Manitoba’s Provincial Nominee Program will facilitate the inclusion of skilled immigrant workers as an integral part in the development of our labour market and Manitoba’s economy as a whole.”

For a complete version of the announcement, please visit the Government of Manitoba’s website.

MPNP: From Temporary Status to PR Status

Backgrounder: Temporary Status

On a basic level, there are 4 levels of status in Canada: citizenship, permanent resident (PR) status, temporary status and without status. Individuals come to us with all levels of status and we work to either keep their existing status, for them to gain status themselves or for them to help someone else with their status (for example: their spouse). Each level of status affords different levels of rights and privileges. For example, someone with temporary status does not have the right to work unless they have a work permit or other permission whereas a permanent resident can work anywhere in Canada.

One Route from Temporary Status to Permanent Status

When we are contacted by an individual overseas, one common scenario is that they often have a means to come to Canada for a visit or they are interested in studying but their goal is to move permanently. Canadian law allows to have a “duel intent” when entering the country; a foreigner can enter on a temporary visa with the intention to come for a visit and, at the same time, also have the long-term goal of staying permanently.

Caution: in these circumstances, we would recommend that you hire a representative to draft submissions to the Officer to avoid being detained or refused entry.

One route to PR status is through studying and working in Canada. The steps are these: 1. TRV + Study Permit; 2. Post Graduate Work Permit; 3. MPNP Skilled Worker Application; 4. PR application to IRCC.

Step 1: Study Permit

Study Permits are issued by Canadian Visa Offices abroad. International students contribute to Canadian universities both financially and culturally. In tuition, they pay considerably more than other students. According to Statistics Canada, students can pay more than $35,000 per year for an undergraduate program:

Tuition ON

In Manitoba, there are 2 many benefits for choosing to study in this province: 1. tuition may be less comparable to other urban centres; 2. positive tax benefits for money paid in tuition through the Tuition Fee Income Tax Rebate (up to $25,000 may be deducted).

Temporary Status

These rebates are only a benefit, however, if the individual files taxes in Canada and lives in Manitoba. It is not open to residents of other provinces.

Step 2. Post Graduate Work Permit

A work permit issued under the Post Graduate Work Permit (PGWP) program may be issued by IRCC to a foreign student for the length of the study program, up to a maximum of 3 years. This is beneficial for both the students, who wish to work in Canada and continue to establish themselves, the Canadian employers and the Canadian economy. As mentioned by Minister John MacCallum at the CBA Immigration Conference in April 2016 in Vancouver, he sees foreign graduates of Canadian universities as one of the top priorities of IRCC.

Be prepared. Please note that the timelines for applying for the PGWP program are strict. Failure to apply early and/or meet the requirements may lead to a refused application.

Step 3: MPNP Skilled Worker in Manitoba stream

When the foreign national completes 6 months of full-time, continuous work in Manitoba and the company provides an Offer Letter, then the individual may apply under the MPNP program (other factors notwithstanding). This application may lead to a Nomination Certificate from the Manitoba government and the support of the province.

For more information about MPNP applications and tips on how to succeed with a MPNP application, see our previous posts on this subject.

Step 4: PR application to IRCC

After the applicant receives the Certificate, they may apply for PR status to the federal government. For more information about applications and fees, please contact our office directly.

Guest Speaker at University of Manitoba, Dept of Labour Studies

Please note that Alastair Clarke has been invited to be the Guest Speaker at the University of Manitoba in the Department of Labour Studies to give a presentation on Canadian Immigration law and how it relates to workers. This presentation will be geared towards the students in Labour Studies; however members of the public may participate by contacting Professor Simeone directly.

Topic covered include:

TFWP

  • Temporary Foreign Work Program
  • Labour Market Impact Assessment applications (LMIA)
  • Health care for workers
  • Regularizing status for temporary residents
  • Legal rights of temporary workers

The presentation will be held at the University of Manitoba on March 24th from 10:00AM to 11:30AM.

Contact our office by clicking here or contact Instructor Daniel Simeone directly for more details.