Author: Kranc Associates

Application Management Strategy/
Skilled Worker Overseas Stream Paused

The Manitoba Provincial Nominee Program (MBPNP) provides for various categories of applicants to seek permanent residence in Manitoba. Among the categories of applicants are skilled workers in Manitoba, as well as applicants overseas. These are separate groupings, each with its own requirements and limitations. In 2015, the government will be implementing an ‘application management strategy’ to restrict the number of applications received from overseas based on the quota numbers which it is permitted under agreement with the federal government.

In the interim, while there remains no limit for the grouping of workers already in Manitoba, the province has received more than enough applications to fill its quota for skilled workers overseas. It is therefore disallowing the submission of further applications effective August 1, 2014. The category will not reopen until January 1, 2015, at which time the new management strategy will be implemented to limit the number of applications received, rather than allow the backlog to grow.

What Has Changed/What Will Change

Previously, applications for the MBPNP from eligible workers overseas would be received year-round, and applications that were received after the yearly quota was filled would have their applications queued for the re-opening of the quota. This would create a backlog of cases, as the number of applications in queue continued to grow. In addition to cutting off applications in the current fiscal year effective August 1, 2014, noted above, the government will at all times in the years beginning with 2015 limit the number of applications to those which it can intake for a given year. Applications received thereafter would have to refile in the following year.

Impact and Response

The impact of the above-measures will of course make it important to prepare and time the submission of applications carefully.

In the short-term, anyone currently seeking to utilize the MBPNP from overseas should file their application immediately, and no later than July 31, 2014.

In the long term, applicants will need to ensure that they properly prepare applications and submit them in a timely fashion, before quotas fill. Given that quotas, forms, requirements, etc. can change, it will become imperative to keep up-to-date to ensure that a proper application, filed in accordance with then applicable requirements, will be ready to be filed when the time is right. Otherwise, a great deal of time, energy, and cost may have been wasted, and the ability to utilize the program may be significantly delayed or even eliminated.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

On top of the seemingly never-ending changes to Canada’s Temporary Foreign Worker Program, comes a new twist. In order to hire a foreign worker, an employer must (subject to only a few exceptions) conduct a recruitment campaign pursuant to strict guidelines. The employer must then substantiate the need to seek a foreign if no Canadian could be found pursuant to the recruitment campaign. This is the basic tenet of the Labour Market Impact Assessment system (until recently called the Labour Market Opinion program). Among the recruitment guidelines is a requirement to post jobs to Canada’s Job Bank (except in some provinces that have their own job banks). The way to carry out such postings has changed drastically, and employers must be prepared.

The Old System

Until now, when posting on the Job Bank, employers input information about the employment opportunity, including:

• The applicable NOC code>   NOC is the National Occupational Classification, which categorizes all jobs by type of work and level of seniority within that type of work. (e.g. in the legal field you may have legal secretary, paralegal and lawyer in ascending order).>   The NOC code along with the place of employment will determine salary

• Other information about the job duties, etc.

These factors were key, because not every job fits into a nice pigeon-hole, and sometimes it was necessary to ensure that the NOC code used was appropriate for the opportunity in question. The consequences of using different NOC codes can have a great impact on the process, and notably the appropriate salary.

The New System

Recently, the government has altered the way that jobs are posted to the Job Bank. They have reduced or indeed eliminated the degree of flexibility that an employer has in posting the job to the Job Bank. Essentially, the system forces the employer into a specific NOC category, no matter what nuances there may be to the type or level of the job. Under the new scheme:

• An employer must choose from a pre-set list of general job categories (which are NOC based), which further filters down into a specific job within the broader NOC category.>   e.g. An employer looking for a Botanist would log on to the Job Bank, and choose from a drop down menu of general categories (which are general NOC categories). Assuming the employer gets it right, he/she would choose the ‘Biological Scientists’ category. The employer would then be given a list of all job titles within the NOC, and presumably Botanist will appear. [Note that failure to find the correct NOC/job title may cause an inability to properly post the matter leading to further delays or refusals.]

• The system, based on the foregoing and the location of the position, will automatically set the minimum wage

Significance and Impact

This change drastically shifts the ability to characterize occupations based on their reality vs. based on how they are slotted by a rigid government computer program. It was certainly useful, and indeed legitimate and appropriate, to seek to characterize a job in various ways, given the nature of that particular position. What happens, for instance, where a job has two parts to it, one of which is in NOC X and the other in NOC Y? This alteration to the system is dramatic, and changes the ability to offer appropriate salaries that legitimately do not match the pigeon-holed value assigned by the government.

What Can Be Done

Certainly, it is important for employers to research in advance the anticipated characterization that the government will make for a position that the employer is seeking to fill. The employer can then better understand, and prepare for, the impact of the NOC and salary classifications. Where there is a truly unique/unusual circumstance, it may be necessary to seek Service Canada advise prior to lodging the Job Bank posting – but Service Canada are not so apt to ‘pre-screen’ issues. This is certainly a development which employers should take into consideration when seeking to access the Temporary Foreign Worker Program.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Expedited Visa Processing in India

Citizenship and Immigration Canada has announced the launch of the CAN+ program in India. This program allows people who have travelled to Canada or the United States in the 10 years prior to the date of application to have their visa applications processed on an expedited basis. There is no special application form or action to take – the Visa Post will automatically screen for eligibility. However, based on experience in other countries, applicants may be able to apply without the need for the same degree of extensive support documentation as previously required (the Visa Post’s web site should be consulted for ongoing updated instructions in this regard). Where the Visa Post determines that a person is eligible for the program, the application will be processed in accordance with the program. Expected processing time for a CAN+ visa is seven (7) days.

What Has Changed

Previously, there was no ‘fast track’ based on the criteria noted above and all applications were processed on a First In First Out basis.

Impact and Response

For Indian individuals, or corporations who require Indian nationals to travel, this will certainly expedite processing. No specific action is required by an applicant, but unless otherwise notified, it would appear prudent not to reduce, or fail to provide, the supporting documentation ordinarily provided in such applications to date. No detailed instructions that would reflect a change to the document checklist has yet been released in this regard. Certainly as well, in addition to the value of increased speed in and of itself, this program will allow for improved planning by corporations and individuals concerned.

Further, in view as well of the recent but separate change to the nature of visas issued (10 year multiple entry as the norm), combined with the speed of the program above, long term planning will also be improved.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Processing Procedures for Temporary Immigration Matters

Over the past few years, intake processing of temporary immigration applications (including work permits, study permits, and temporary resident visas) at Visa Posts outside Canada has changed drastically.

What has become the norm is that Visa Posts (which include Embassies, Consulates and High Commissions) delegate initial temporary immigration application intake to ‘Visa Application Centres’, or VACs. These VACs are external offices entrusted to streamline the flow of applications into the Visa Post by filtering the appropriateness of the application, and supporting documents. Once the VAC has received the application and is satisfied that it is properly completed, it then passes applications on to the Visa Post which reviews and adjudicates the matter. (In some cases, the VACs are unable to properly deal with cases that our out of the ordinary – which causes its own issues, and which is a separate topic of discussion.)

Meanwhile, over the past few years, it has also become possible to submit the same types of applications online. In such cases, the VAC has been completely bypassed with regard to any aspect of the particular application.

The benefit of one method over the other will depend on the specific case, and even with the above procedures, the law has always supported the notion that an application could always still be made directly to the Visa Post, if so desired.

Summary of What has Changed

It would seem that as time goes on, the VACs are taking over even greater processing responsibilities. Notably, until now, with an online application, when approval was granted and passports were requested, the passports could and would be forwarded to the Visa Post for finalization. However, recently, some Visa Posts are advising applicants that have filed their cases electronically to submit their passports for finalization to the VAC rather than directly the Visa Post. This is a break from previous protocol, which dictated that if the VAC was not involved in the initial intake, it would also not be involved in the balance of the case. Indeed, applicants are advised that submitting their passport directly to the Visa Post rather than the VAC in such situations could mean that the passport will be returned to the applicant without having been processed – which will of course be very frustrating, and in some cases, can be a serious issue.

Impact and Response

At this time, not every Visa Post appears to have adopted this policy, but it seems to be happening more and more. As such, it is very important to verify with the relevant Visa Post (usually with a simple online check) whether passports can or should be sent to the Visa Post, or to the VAC. Failure to adhere to the new requirements will cause delays.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.