West Coast scenery near Tofino on Vancouver Island BC, Canada.

On July 6, 2009 Citizenship and Immigration Canada issued and Operation Bulletin to more clearly define the issue of Dual Intent. This is an issue that I address in many of the applications I work with.

A concise and generalized definition of Dual Intent is this: when a person applies for temporary status and permanent status at the same time.   This seems quite basic but the requirements for temporary residents and Permanent Residents are opposite. 

For example, a person who is applying for a Visitor Visa, Temporary Resident Visa, Live in Care Giver Visa or Temporary Skilled Worker Visa and is also applying as a Permanent Resident will need to take this into consideration.

A person applying for temporary status must prove that they will leave the country at the end of the period authorized by the immigration officer.  Where as, a person who is applying for permanent resident status must prove that they will integrate into society and that they are able to permanently establish themselves in a specific community. 

So the issue arises when, for example, an international worker in Canada applies for an extension of their Work Permit while, at the same time, they have a Permanent Resident Application pending at a different Citizenship and Immigration office.  How would a person prove that they will leave Canada at the end of their authorized period of stay if they actually have no intention of leaving Canada, and they are hoping that their Permanent Resident Application is approved? 

You just need to be honest.  

Tell the visa officer or explain in a letter that you submit with your application that you have more than one application pending at the Citizenship and Immigration Office. Your intent is to eventually remain in Canada on a permanent basis, but you will follow any conditions outlined by the visa officer for your temporary work permit or entry visa. 

The following is additional evidence to back up your application:  The Citizenship and Immigration Act A22(2) states:

“An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident…”

You still need to prove that you will follow the instructions outlined by a Visa Officer and that you will leave at the end of the conditions outline.  But you don’t need to hide that fact that you are hoping to stay in Canada as a permanent resident.

One of the examples outlined in the Operational Bulletin is:

“A provincial nominee applicant applies for a temporary work permit. The officer is satisfied that the applicant will leave Canada by the end of the period authorized for the work permit should the applicant be refused a permanent resident visa. The officer issues a TRV visa. While the applicant is working legally in Canada, their provincial nominee file is finalized by the visa post and the individual becomes a permanent resident.”  

So don’t hesitate to apply for temporary status while your application for permanent residence is pending, just make sure that you clearly outline your Dual Intent!

By Ruth Mitchell
Immigration Consultant, B.Comm, CCIC
Red Seal Immigration

Canada Day! One of 14 paid holidays in Canada.

Every Canada Day celebration is extra special for those permanent residents and immigrants we have helped come to Canada.

Living and working in Canada is something I’ve been fortunate enough to experience all of my life, but for many immigrants this may be their first Canada Day.

For our many friends in Victoria from the UK, Germany, Philippines, Samoa, Trinidad and Tobago, this is great place to celebrate with their families and their new network of friends and associates.

One-hundred-and-forty-one years have passed since confederation. Over 33 million people now call Canada home. We are fortunate to live in a country that has the resources to feed and employ our population and provide many of the services like education and healthcare that will help future generations succeed.
Our population grows through immigration, especially the families that come as Skilled Workers:

• One birth every 1 minute and 27 seconds
• One death every 2 minutes and 13 seconds
• A net migration gain of one person every 2 minutes and 1 second
• The estimated population of Canada will be 33,698,817 on July 1st, 2009.

*Statistics Canada

We at Red Seal Immigration Ltd. have been fortunate to have worked with dozens of immigrants this year. These immigrants count towards the net migration into Canada, helping strengthen our country and our communities. The people we have helped have been able to get certified as skilled tradesmen and skilled workers and have successfully found work in their professional fields. These new Canadians now have great salaries and benefits which include paid statutory holidays. Many Canadians take for granted the fact they receive 14paid statutory holidays, which can be enjoyed with family and friends. Or, if they work during these holidays, earn 1.5 to 2 times their regular wage. For many new Canadians, this is remarkable!

With most employers providing three to four weeks paid holidays, Canadians are able to enjoy the summer in Canada. Canadians travel and explore cities like Vancouver, Calgary, Halifax or beautiful small towns like Tofino or Peggy’s Cove. Canada’s beauty continues to provide a great backdrop for July 1st celebrations from coast to coast while creating a stronger, happier nation.

Happy Canada Day!

By Ruth Mitchell
Immigration Consultant, B.Comm, CCIC
Red Seal Immigration

A few weeks ago, Citizenship and Immigration Canada’s (CIC) estimated processing times for work permit applications by temporary residents increased dramatically.

Summer months are always busier for the CIC offices, but we have seen dramatic increases in processing times this year. As an example, at the beginning of June, the processing time for a work permit extension increased from 60 days to 90 days. Since then, the processing times have continued to increase. On June 18 it was 97 days to process a work permit extension and a day later it was 102 days to process a work permit extension.

So, how does this impact you? People who are living and working in Canada under temporary work permits have a number of important documents linked to their status, including health care benefits, a social insurance number, and insurance. It is important to plan ahead.

A common question I get is: “Can I continue working while my application is pending?”, or “do I have to leave Canada while the application is being processed?”

The answer to both questions is “no.”

If you have an application for temporary residence submitted to a CIC office you have what is called Implied Status. According to Immigration and Refugee Protection Regulations 186(u), a temporary worker who has applied for an extension prior to the expiry of their original work permit and is in compliance with all of the terms established in their work permit maintains their original status until a decision has been made by CIC regarding their application.

In BC, the provincial health care provider is MSP and all residents must be enrolled with them. However, your MSP coverage is based on the dates outlined on your work permit. Your health care card will have an expiry date that matches the date on your Work Permit. The same is true for your Social Insurance Number (SIN). So, while you are waiting for your application to be processed by CIC, you will need to purchase private health insurance which, depending on the level of coverage, can start at approximately $100 per month.  This is double the regular cost of MSP.

Work permit holders in Nova Scotia are not covered under that province’s health care plan if they are out of the country for more than 30 days. If the applicant has less than one year remaining on their work permit they will not re-instate medical coverage and the employee will need to get third-party insurance.

The current increased processing times have a negative financial impact on people who are applying for work permit extensions. Instead of paying for additional health coverage for two months, they are now paying for almost four months of coverage.

The key is to plan ahead. If you have a temporary work permit, you need to apply for an extension at least four months before your work permit expiry date to ensure that your SIN and MSP can be extended without any gaps. This isn’t always possible, but in some cases it is.

If you are applying under a provincial nominee category, make sure that you request a Letter of Support from the applicable provincial nominee process even if you think you have enough time remaining before the expiry of your work permit. This will ensure that you can apply for an extension without worrying about CIC processing times.

And of course, an application as a permanent resident avoids the need to apply for extensions or re-new permits.

By Ruth Mitchell
Immigration Consultant, B.Comm, CCIC
Red Seal Immigration

One of the biggest challenges about immigrating to Canada is finding a person or a Canadian immigration consultant you can trust to assist you with the Canada immigration process. Certified Immigration Consultants and lawyers are the only representatives legally permitted to assist you with your Canada immigration application.
Despite certified immigration consultant rules, regulations, legislation and the complicated Canada immigration application process, unscrupulous individuals still work to find a way around the laws and rules. They try to evade certified immigration consultant rules, when representing foreign skilled workers and others immigrating to Canada.
These individuals end up hurting innocent parties making a Canada visa application. They also harm Canada citizenship applicants and others applying for permanent residence in Canada.
Certified Immigration Consultants look out for clients; we know client’s rights and responsibilities while living and working in Canada.
Immigrants who are in Canada working under a Canadian work permit can only work for the employer listed on the work permit. The employer has greater control over their employee on a Canadian work permit because the worker has few employment alternatives. Sometimes this can lead to potentially dangerous situations.
In April 2007, two temporary foreign workers were killed on the job at the Canadian Natural Resources Horizon oil sands site in Alberta. A roof collapsed, crushing them. This unfortunate event triggered an investigation into the working conditions of the employees on the site. The investigation revealed that more than 130 temporary foreign workers were receiving $3 per hour when they were promised wages of over $30 per hour.
After an investigation, Alberta officials laid 53 Occupational Health and Safety charges against site owner Canadian Natural Resources and the Chinese contractor and parent companies, SSEC Canada and Sinopec Shanghai Engineering Company.
So, where is the positive about this situation? Why would you want to migrate to Canada, make a Canada immigration application or seek permanent residence in Canada after such a tragic event? Several “positives” have resulted from this tragedy.

• Alberta has taken legal action on behalf of current and future workers.
• There is talk of monitoring foreign workers more closely, taking steps to protect foreign workers from exploitation and on-the-job dangers.
• Work place health and safety is getting involved and Citizenship and Immigration is taking steps to protect foreign workers.
• Several months ago, the province of Manitoba introduced a new Worker Recruitment and Protection Act to address the issues that foreign workers in Canada face.

This is the first province or territory to enact regulations of this kind and there appears to be a lot of interest in this type of legislation in British Columbia, Alberta and other provinces.
I attended an immigration conference in Toronto recently. Dave Dyson, the Executive Director of Employment Standards in Manitoba, gave a presentation on his province’s Worker Recruitment and Protection Act. He discussed the importance of protecting those individuals really interested in immigrating to Canada and considering a Canada immigration application, and those who really want to live and work in Canada. Providing these individuals with the same opportunities and protections that Canadian citizens and permanent residents have would solve a lot of problems.
However, until protections are in place across Canada, how can individuals immigrating to Canada or considering filing a Canada immigration application protect themselves?
A great first-step is to contact a certified immigration consultant. Be sure the certified immigration consultant is with a qualified and established company like Victoria, B.C. Canada-based Red Seal Immigration. Check to ensure that they and the firm are registered and licensed.
Individuals need to perform due diligence and ask tough questions when looking to secure the services of a certified immigration consultant. Individuals need to understand the immigration rules and know the professionals they are working with.

• Ask the certified immigration consultant how long they have been in business?
• What credentials do they have?
• Do they have references and what insurance do they carry?

You would not hire a doctor to perform surgery over the phone, so why would you trust someone who cannot provide answers to these basic questions.
If individuals are promising permanent residence in Canada, a Canadian work permit, Canada citizenship or immigration into Canada with little-to-no-work, be suspicious. Unrealistic Canada citizenship immigration application processing promises usually mean disappointing results.
Why would you take a chance on your family’s Canada immigration application and future happiness and security in Canada?