Immigration Lawyer Blog

Canadian Immigration Minister Jason Kenney announced that the Government of Canada has amended its current immigration procedures to put even greater emphasis on economic recovery and further reduce the Federal Skilled Worker application backlog. The changes, effective immediately, concern the Federal Skilled Worker program, including:

1) a change in the occupations that are currently ‘open’ under this program,

2) the creation of a limit on the number of applications which will be considered by Canadian Immigration Visa Offices, and

3) a change in the documentation required for an application under this program.

These changes do not affect any applications received at the Central Intake Office before June 26, 2010.

Under these updated instructions, an application is eligible for processing if the applicant:

• has at least one year of continuous, full-time (or equivalent) paid work experience in the past decade in a qualifying occupation, which have been identified as the most in-demand occupations in Canada at this time; or
• qualifies for Arranged Employment with a full-time permanent job offer from a Canadian employer.

Applicants who formerly qualified because they had been living in Canada with legal status as a Temporary Foreign Worker or an international student will no longer be eligible under the Federal Skilled Worker program, but may still meet the eligibility criteria of the Canadian Experience Class program.

The former list of 38 qualifying occupations has been amended to include 11 new occupations with 20 previously listed occupations having been removed.

Effective immediately, the following occupations have been added to the list:

0811 Primary Production Managers (Except Agriculture)
1122 Professional Occupations in Business Services to Management
1233 Insurance Adjusters and Claims Examiners
2121 Biologists and Related Scientists
2151 Architects
3113 Dentists
3131 Pharmacists
3222 Dental Hygienists & Dental Therapists
4151 Psychologists
4152 Social Workers
7216 Contractors and Supervisors, Mechanic Trades

Continue reading "Canadian Immigration - Changes announced concerning the Federal Skilled Worker program" »

The number of applicants for asylum in Finland has dropped sharply. This year an estimated 2,000 fewer asylum seekers are expected in Finland than last year. Last year the number of applicants totalled 6,000. Coinciding with this year's drop in applications, the Finnish Immigration Service is also cutting the number of reception center places. Although numbers are down, this could change depending on what kinds of crises are brewing around the world.
About ten new reception centers have been set up in the past couple of years. More recently the Finnish Immigration Service has reduced allocated places at reception centers by 700, and more cuts are expected.

A law took effect this month allowing fast-track processing for asylum applications by citizens of other European Union countries.This has already reduced the number of applicants from Bulgaria. In practice, a citizen from another EU country cannot be granted asylum in Finland.

Angola's Migration and Foreigners Services (SME) have digitalized operations which will enable it issue visas online, PANA reports quoting the Angolan News Agency. Deputy Minister of Interior for Migration, Eduardo Martins, said that 32 Angolan consulates had already been linked in the online operations.

Speaking at a meeting of ministers and governors of the Angolan provinces sharing borders with the Democratic Republic of Congo (DRC), at the weekend in northern Uige province, Martins said 25 more consulates would be linked online next month.

Dubai plans to launch a special visa system to lure talented foreign entrepreneurs as it tries to boost its economy after the global downturn. Under the EntrePass scheme, budding start-ups with high commercial value will be encouraged to set up in Dubai and share knowledge and intellectual property rights with the emirate. Entrepreneurs will have their visa application expedited and be provided with guidance from experts at the Mohammed Bin Rashid Establishment (MBRE) for SME Development in starting their businesses.

In the fourth quarter, MBRE will launch a pilot programme for EntrePass involving 10 entrepreneurs before widening the scheme. Based on a similar system in Singapore, EntrePass is designed as an alternative to conventional business visas. In certain cases, they may also have access to finance through the UAE’s first Sharia-compliant venture capital fund.

“We want Dubai to be the centre for innovative small and medium enterprises [SMEs],” said Alexandar Williams, the director of strategy and policy division at MBRE, an agency of the Department of Economic Development in Dubai. The future of Dubai will rest on nurturing selective foreign entrepreneurs with good ideas to use Dubai as a test bed for development and to build business around it. MBRE plans to select and invite individuals or companies with strong entrepreneurial records to apply for the visa by offering them the promise of guidance throughout the setting-up process. MBRE was launched by the Dubai Government with the intention of supporting the growing number of start-ups in the emirate.

The pass will last between two and three years, enough time for initial businesses concepts to be fully tested and launched. “We are looking at any company with new business models and existing technology that can be adapted to the UAE and that could benefit Dubai through the sharing of intellectual property and knowledge transfer,” said Mr Williams.

The decision to block the new UK immigration restrictions, introduced by former Home Secretary Alan Johnson, has been welcomed by language schools across the country.Rules that would have prevented UK student visa holders moving to the UK unless they had sufficient language skills, have been overturned by a judge.

The ruling came from Mr Justice Foskett, who criticised the fact that the new rules were to be established through changes to existing guidelines. He concluded that the rules should have been legally binding, which would have required them to be approved by parliament.

English UK, a group that represents 440 language schools around the UK, is celebrating the ruling. The group’s chief executive, Tony Milns, said, “We believe that his decision is good for the UK economy, to which the English language sector contributes about £1.5 billion in foreign earnings each year.”

Home Secretary, Theresa May, may choose to make if she still wants to introduce measures to prevent people abusing the UK student visa system. She can either remake Alan Johnson’s rules and make sure the are approved by MPs before being introduced, or she can postpone any changes until the effects of her new cap on non-EU UK immigration are established.

The fees for US visa applications have changed for the second time this year. As a result of the changes announced by the US Department of State, US visa applications for immigrants sponsored by immediate family, will now cost $330. Visa applications on employment-based cases, i.e applications for US work visas, will see fees increase to $720.

The fee changes, which are chargeable from yesterday (13 July 2010) affect all 301 US foreign consular offices as well as other passport and US visas offices serving US citizens. Other visa fee changes were announced on 4 June this year. The increase in fees has been introduced to make sure the rising cost of providing consular services can be met, according to press releases sent to all consular offices.

The changes are the result of an exhaustive cost of service study, which was carried out last summer. The study developed a clearer picture of the cost to the US immigration department of providing its services. The department says it is keen to make sure that costs are met by the service users, rather than by the US taxpayer.

Indian professionals took the largest one-third piece of the H1B visa pie in 2009 as Indians made up the second largest group of people making the U.S. their temporary home. Accounting for one-tenth of non-immigrant residents in the U.S., 364,757 Indians were only second to the Mexicans who made up 11.7 percent at 403,793, but 123,002 H1B visa holders from India gave them the largest 36.3 percent share among professionals.

Resident non-immigrant admissions from India actually declined from 425,826 (11.5 percent) as the total decreased 6.8 percent from 3.7 million in 2008 to 3.4 million in 2009, according to the annual flow report issued by the Department of Homeland Security.

H1B admissions from India too declined from 154,726 (37.8 percent) as the total decreased 17 percent from 409,619 in 2008 to 339,243 in 2009, but student admissions rose 3.8 percent from 2008 to 2009, reflecting an increase in academic student entries (F1). The leading countries of citizenship for resident non-immigrant admissions to the US in 2009 were Mexico (12 percent), India (11 percent), Japan (6.6 percent), Canada (6.4 percent), China (5.8 percent), Britain (5.6 percent), and South Korea (5.6 percent). These seven countries accounted for more than 50 percent of resident non-immigrant admissions to the US.

From 2008 to 2009, decreases in resident admissions occurred among eight of the 10 leading countries of citizenship with the decrease from India (14 percent decrease) attributable to workers in specialty occupations, the report said. The leading countries of citizenship for H1B admissions in 2009 were India (36 percent), Canada (6.5 percent), Britain (4.3 percent) and Mexico (4.2 percent).

In 2009, leading source countries for L1 for company transfers included India (16 percent), Britain (13 percent) and Japan (9.9 percent). Forty percent of L1 admissions were accounted for by nationals of these three countries.

The change in Canadian immigration rules for Chinese tour groups comes after China won Approved Destination Status in December last year. The change in policy will make it easier for Chinese people to obtain Canadian visas for tourism rather than having to go through the Canadian business visa system. It will also allow Canadian tourism firms to market tourism to China. Canada and China are close to signing a final agreement that will give Chinese tour groups the right to visit Canada on Canadian visas.

A memorandum of understanding is expected to be signed on Thursday at the G20 summit, in a move that will mark “an important moment in the bilateral history of tourism co-operation.” This is according to the head of the National Tourism Administration in China, Shao Qiwei.

It seems now its getting somewhat tough to go for Work visa for Australia as the applicants now may have to clear TOEFL-an English language test. TOEFL exams are provided by ETS, an American company. Australian immigration works on a points-based system that awards more points to English speakers.The Australian immigration authorities are finally considering adopting a new English language test provider. The current English language tests used for many years to assess the level of English held by foreigners wishing to apply for Australian visas is no longer be in use. Now, it seems the country is looking at appointing rival exam provider TOEFL as an alternative.

A newspaper has reported that the Australian immigration minister has even contacted ETS to tell them of his ‘in-principal support for the acceptance of more than one English language test under the migration regulations.

Canadian immigration authorities are considering some stern rules tightening the Canadian marriage visa rules to protect people from marriage fraud. This came into light when one Canadian from Victoria claimed herself as a victim of marriage fraud. She said to met her husband Sunny Kanda while on her holiday in India and married him a month later. She helped him obtain a Canadian visa and then he moved to Canada without informing his wife. She is calling for her husband’s Canadian spousal visa to be removed and for him to be deported as she believes he used her simply to enable him to move to Canada from India.

The Immigration authorities are considering to put newly landed sponsored spouses on a probationary period to see whether they're actually interested in pursuing the marriage or not for the long run.

The New Home Secretary Theresa says the following about immigration and other policies:

* An annual limit on the number of economic migrants from outside the European Union. As well as the introduction of an immigration cap on economic migrants from outside the EU the new Conservative/Liberal Democrat Government will be making the following policy changes:

* There will be an Emergency Budget within 50 days – The current UK budget deficit is about £160 billion (about US$230 Billion) which is considered to be far too high. The new Government intends to cut spending by £6 billion a year.

* There will be a substantial rise in income tax allowances for lowest paid from April 2011. This will mean that many of the poorest paid workers will pay less tax. However, this will not help those who are currently not working.

* There will be increased investment in education to reduce class sizes for children from poorer backgrounds.

* There will be a referendum on the Alternative Vote system for general elections. The Liberal Democrats consider this as very important as the current system means that even with 23% of the vote the Liberal Democrats only has 57 MPs in Parliament.

* There will be fixed-term Parliaments – The next election is in May 2015. This is of course assuming that the Government remains in power for that long.

* In a highly controversial move 55% of MPs will need to vote for the dissolution of Parliament and to trigger an election. Members of Parliament have complained that this makes it too difficult for them as elected representatives to force a Government out of power.

* National Health Service (NHS) spending is set to rise in every year of the new Parliament. Politically increasing funding of the State funded public health service is a popular move.

* ID cards will be abolished for everyone including for immigrants to the UK. This will reduce the administrative burden on immigrants and others.

* There will be a review the long term affordability of public sector pensions. Public sector pensions are very generous compared to pensions in the private sector. There are many who feel that with more and more people living into old age that it is simply not possible to fund such a generous pension scheme.

* The link between the state pension and earnings will be restored from April 2011

* The aviation passenger duty will be replaced by a plane tax. This is likely to cause further financial difficulties for airlines already hard hit by the disruption caused by the recent Volcanic Ash cloud and mean higher fares for passengers.

* There will be no new runways at Heathrow, Gatwick or Stansted. This is likely to mean a loss economically to the UK. There will be lower economic growth and fewer jobs than would otherwise be the case. This decision was taken because of concerns over the environment.

There has so far been no decision on exactly how many economic migrants will be allowed into the UK in the future. The Home Secretary has said that there will be a consultation process after which a decision will be made. The new immigration cap will likely have a significant impact on those who wish to come to the UK under the Tier 1 visa and Tier 2 visa schemes which are the main economic migrant visa categories.

South Africa’s Department of Foreign Affairs has announced that it now requires transit visas from people wishing to pass through the country to reach neighboring nations. The statement from the department stated, “The Department of Foreign Affairs informs the public that the South African Embassy will be requiring transit visas from non-visa exempt foreigners who will pass through South Africa to its neighboring countries.”

The requirement for the new South African visa was implemented as of 1 June 2010 and the processing of the visas takes around 10 days. Fellow Africans from neighboring countries such as Nigeria are likely to be the most affected by the changes to the South African visa rules and will now have to ensure that they have a transit visa in place if passing through South Africa on their way to other countries.

The requirement will not apply to people traveling through South Africa from the UK as Brits are not required to obtain a South African visa if visiting the country for fewer than 90 days. However, anyone looking to move to South Africa to start a new life in warmer climates, will have to apply for a visa to allow them to live and work in South Africa.

EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 or $500,000 in new or troubled businesses creating at least 10 jobs. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. This "Pilot Program" required only $500,000 of investment in exchange for permanent resident status. The investment could only be received by an economic unit defined as a Regional Center. By investing and by creating 10 jobs for US workers, an alien investor may obtain green cards for himself and his immediate family. Immigrant visas allocated to the EB-5 category is 10,000 which are highly underutilized in the past. However, the category is growing in popularity with a recent surge of 4,218 visas obtained in 2009 compared to just 1,443 visas in 2008. Most of the EB-5 visas in the past year were issued through Regional Center Pilot Programs.

There are two ways for an alien investor to obtain lawful permanent resident status under the EB-5 category: through the Basic Program or the Regional Center Pilot Program. Whereas the Basic Program requires investment in a commercial enterprise located anywhere within the US, the Regional Center Program requires investment in a regional-center-affiliated new commercial enterprise or a troubled business within a designated regional center. Also, the Basic Program requires that the alien’s investment directly create 10 new full time jobs, whereas this requirement in Regional Center Program may be satisfied by indirectly created job opportunities to the local job market due to the investment.

In both the Basic and Regional Center Programs, the alien must make a minimum investment of $1,000,000 unless the investment is made in a Targeted Employment Area (TEA). TEAs are defined as either: (1) rural areas (areas with populations of less than 20,000), or (2) areas with unemployment rates 150% or more of the national rate. If the investment is made in a TEA, a reduced $500,000 investment is allowed. In the past, TEAs have been focused on the development of rural locations. In order to prove that the proposed regional center is located in an area of high unemployment, the proposal must either submit unemployment rate data or obtain a letter from an authorized State agent certifying that the area has been designated as having a high rate of unemployment.

The individual receiving the visa is not required to actively manage the business invested in. For investors who wish to invest in a new or existing business, have an active role in the management of the operation (although simply being a Limited partner in the organization that owns the business qualifies as "AN ACTIVE ROLE."), and have at least one million US dollars to invest ($500,000 if the business is located in certain areas deemed as Rural or with very high unemployment), then the traditional EB-5 visa is the best option. Start Up visa Act Bill was introduced in Senate on February 24, 2010 by Senators Lugar and Kerry. It is in fact a modified EB-5 Visa to create more jobs in America and it may be called as EB-6 Visa.

Mexican President Felipe Calderon is condemning the killing of an illegal immigrant by U.S. Border Patrol agents as a "truly unacceptable violation" that involved "torture." He's also tying it to Arizona's immigration law, even though the incident took place on the border with California.

"A death with that degree of violence is a truly unacceptable violation," Calderon said, according to the Associated Press. "We need to raise all our voices, not only for Mexico but for human rights, because the cause of migrants is a cause that affects us all." He added that the Arizona immigration law "opens a Pandora's box of the worst abuses in the history of humanity."

A San Diego police captain told the Associated Press that Anastacio Hernandez — who was in the country illegally and was being deported to Mexico — wrestled two Border Patrol agents to the ground when his handcuffs were removed at the border crossing between San Diego and Tijuana. An agent shocked him with a stun gun and he died hours later.

Calderon, who criticized U.S. immigration policy during his visit to the White House last month, says Mexico is engaging in an "energetic protest of the torture and death of Anastacio Hernandez, a Mexican who died at the hands of North American migration authorities."

This rhetoric can't help his relationship with the U.S., which he depends on for cash and resources to fight the country's costly drug war. But Calderon is a deeply unpopular president, and turning the focus to foreign policy might be a way for him to distract from domestic failures. His war on the drug cartels, which the U.S. supports financially through the Merida Initiative, has unleashed a wave of violence in the country.

A recent poll sponsored by the Mexican newspaper El Universal shows that Calderon's approval rating remains at 41 percent. That's unchanged since February, despite his newly aggressive stance toward the U.S. Those polled listed the country's main problems as national security and job

Citizenship and Immigration Canada (CIC) released statistics in May 2010 showing that it continues to maintain a high rate of immigration. Canada welcomed more than half a million permanent and temporary residents last year, a figure CIC says is helping to support the economic recovery in Canada.

Canadian immigration minister Jason Kenney said "Momentum toward a full economic recovery continued throughout 2009, and immigration will continue to support that momentum. The Government of Canada is maintaining immigration levels to meet Canada’s short, medium, and long-term economic needs, help offset our aging population and low birthrate, and sustain our workforce".

In 2009, Canada welcomed 252,124 new permanent residents, well within the target, the government had set. About 60 per cent of those new permanent residents were economic immigrants, according to the CIC.

Recent changes by the Government of India offer a visa-on-arrival facility to citizens of a select group of five countries, something that New Delhi had been extremely hesitant to do so far because of security concerns. The countries nominated are Singapore, Finland, New Zealand, Luxembourg and Japan. Tourists from these countries can also procure their visas from their home countries as usual. The tourist visa-on-arrival has a maximum validity of 30 days with a single entry facility and will initially be granted by the Immigration Officers only at Delhi, Mumbai, Chennai and Kolkata airports. The 'two month gap' rule between two visits applies to tourists availing of the visa-on-arrival facility.

However, the restriction of the two-month gap rule does not apply to PIO (Persons of Indian Origin) or OCI (Overseas Citizen of India) card-holders and foreigners holding business, employment, student and other categories of visas.

UK Border Agency officers found the drugs, which have a UK street value of around £1.3 million, concealed in containers of nut powder in freight bound for Sydney. The consignment had originated in central America.

The find sparked an international operation involving officers from the UK Border Agency's Criminal and Financial Investigation unit and agents from the Australian Federal Police.
Five people have been arrested in Australia following the discovery of around 33 kilos of cocaine at Heathrow Airport, London. On Friday 28 May, five people - four US citizens and one Australian national -were arrested by AFP officers in Sydney. They now face prosecution in Australia.

For decades this city-state was known as one of the world's most driven economies. But as Singapore recovers from recession, its residents are questioning a key part of the country's economic model: its long-standing openness to foreigners as well as a labor force that is not always legal.

Singapore has thrown open its doors to bankers and expatriates in recent years, making it easy in many cases to establish residency and hastening the country's emergence as an Asian version of Dubai. It also welcomed low-skilled laborers from Bangladesh and other developing countries to help man construction sites and factories.

The goal was to capture more Asian wealth and offset Singapore's low birth rate with immigrants, spurring economic growth. But the push has also fueled discontent, turning immigration into a red-hot political issue in a country where dissent is still tightly controlled by the government.

Between 2005 and 2009, Singapore's population surged by roughly 150,000 people a year to 5 million—among the fastest rates ever there—with 75% or more of the increase coming from foreigners. In-migration continued in 2009 despite expectations it would collapse because of the global recession.

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