Family class issues: conditional permanent residency

Those of you in the family class of immigration should be aware of a change to Canadian immigration laws that have now created two classes of permanent residency for this classification.

Citizenship and Immigration Canada (CIC) introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which apply to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application.

The sponsored spouse must cohabit in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. If they do not remain in the relationship, the sponsored spouse’s status could be revoked. The conditional measure only applies to permanent residents whose applications are received on or after October 25, 2012—the day that the amendments came into force.

There are exceptions to this rule based on situations of spousal abuse, or in the case of the death of the sponsor.

Aside from the need to satisfy the two-year requirement, conditional permanent residence does not differ from normal permanent residence. These sponsored spouses have access to the same rights and benefits as other permanent residents. They will be allowed to work and study without a work or study permit; they will not be subject to different tuition fees in post-secondary schools; and they will have the same access to health coverage and social benefits, including social security (or income support).

If the conditions above do not apply to your situation, then you will be granted full permanent residence status when you finish the immigration process successfully, without the conditional status.

This amendment was created to fight immigration fraud, and you can't blame the government for attempting to stem any abuses of the family class. Legitimate families know how tough it is to immigrate to Canada. New families will just have to be patient when it comes to assuring the government they are legitimate. 

The Globe and Mail - Memo to Canadian ‘pot tourists’

I'm from Seattle. But I had immigrated to Canada by the time state of Washington voters legalized the possession of marijuana. Here's an article from the Globe and Mail to remind everyone that crossing the U.S. border INTO a state, is not the same as entering a state. You are entering the U.S. - and when you do, it's the federal laws they care about, not the state laws. In the U.S. possession of marijuana is still a federal crime. So take heed!

Read the Globe article here

I'm an expert!

You might have noticed a new badge on the blog, it's from Answers.com, who recruited me to become their Category Expert writer for Canada a few weeks ago. It's been a lot of fun putting my broader knowledge of Canada to work in my writing. While this blog and immigration matters that impact my readers is very close to my heart still, it's fun to explore other aspects of my new home.

Please take a moment and check out some of my articles at canada.answers.com .

Canadian Experience Class - Minister announces cap for 2014

Just weeks after their report to Parliament, the Tories continue their tinkering with immigration programs and levels.

 As reported by CIC News:

Last week, Citizenship and Immigration Minister Chris Alexander announced significant changes to the popular Canadian Experience Class (CEC) of immigration. Most importantly, an intake cap of 12,000 applications has been instituted for the upcoming year. The cap is effective from November 9, 2013 to October 31, 2014.

Read the entire article here

Back from the U.S.

I was in the U.S. for a few weeks and have just returned to Canada. I have to say, the culture shock continues to grow, the more I am away from my old home. Here's an example: I turn on the local morning news and they are very pleased to report that the city of Tacoma is training a SWAT team to take over the city's metro buses in case of an emergency. They showed the policemen in their paramilitary gear, masks and assault weapons charging onto a bus.

If you know anything about the city of Tacoma, you know they have much better uses for their money. Knowing their priorities are so backward in a city who's people are in need infuriates me. It did when I lived in the U.S., and it still does.

You get numb to this sort of thing in the U.S. - the police-state nature of things, the killing, the violence. Canada isn't perfect by any means (we all remember the G-20 meeting here), but, how to put it? The police aren't going to show off this sort of thing, and if the media does get a hold of it, they are likely to question it. In the U.S., no questions asked.

It's nice to be back home.

No changes to immigration levels in 2014 - Annual Report to Parliament

Citizenship and Immigration Minister Chris Alexander has presented the Annual Report to Parliament on Immigration for 2013, which sets out the government's plans for 2014. The Immigration Minister plans to welcome somewhere between 240,000 and 265,000 new permanent residents in 2014.

One of the more interesting aspects of the report is a short section which describes ministerial powers granted under modifications by the Tories to the Immigration and Refugee Protection Act, "which authorizes the Minister of Citizenship and Immigration to create small economic immigration programs to take advantage of economic opportunities or to test new program concepts without having to formalize them through a lengthy regulatory process. These programs, which are set out in Ministerial Instructions, are limited to a duration of five years, after which time the program must be discontinued or be made permanent through regulations." If you needed an explanation of all of the tinkering that the Tories have been doing, there it is.

Other highlights include:

• Changes to the Canadian Experience Class - As of January 2, 2013, applicants require 12 months (reduced from 24 months) of full-time Canadian work experience, or the equivalent in part-time work, in high-skilled occupations and now have more time, up to 36 months, to accumulate that experience.
• How the government eliminated the Skilled Worker (FSW) backlog - The report explains that portions of the Federal backlog were pawned off onto the provinces. If the applicants didn't qualify for Provincial Nomination Programs, they were eliminated. Next, they received permission to eliminate 98,000 applications received before 2008 by simply returning the application fees to the applicants. Finally, they simply stopped accepting FSW applications. 
• Expression of Interest Program - this major modification to the FSW program is expected to be fully implemented by 2015.
• Parent and Grandparent programs - The Super Visa program will become permanent, and CIC will begin accepting new applications for permanent residence for parents and grandparents in 2014.

Read the full report here

Calgary Herald - Federal government launches business incubator immigration visa

OTTAWA — The federal government is expanding its new start-up visa program for immigrant entrepreneurs even though it has yet to issue a single visa since the program launched six months ago.

Immigration Minister Chris Alexander announced Monday a new business incubator immigration stream to complement existing venture capital and angel investor streams.

As part of the program, entrepreneurs seeking permanent residency in Canada must first gain the support of an angel investor group, venture capital fund or new business incubator before they can apply for the start-up visa.

Read the article here

The Globe and Mail - Obamacare vs. Canada: Five key differences

Antonia Maioni wrote an informative piece the other day about the primary differences between Canada's health system, and the so-called Obamacare system which has just debuted in full in the United States (as well as triggering both a showdown from the Republicans and a shutdown of the government's non-priority services).

To summarize, here are the five big differences Maioni noted, in my own words:

•  It's way more complicated - and now even more so. Canada may have two-tiers of health care, but in the US, there are more tiers than an Ed Mirvish high rise project.
• It's not universal - In Canada, every legal resident is entitled to health care. In the US, not so much. Not everyone gets care under Obamacare: the only thing everyone gets is the right to be able to purchase some level of health care insurance. Woohoo.
• It isn't a "national" program - In Canada, we can expect a common level of benefit, no matter what province is administering the health care plan. In the US, there is and will continue to be a wild state by state variation on the type and range of coverages available to citizens. 
• It's not fair - health care in the US is still a "pay to play" system. If you can't afford good care - you simply aren't going to get it. While we've got to wait in Canada, in general, we are all waiting for a high standard of care.
• It will not contain costs - Obamacare will do nothing in the long run to reign in the cost of health care in the US. As Maioni notes, "Governments in Canada know that health care is a searing financial responsibility, but they have at their disposal cost containment measures – monopoly fee negotiations with providers, global budgets for hospitals – that remain unfathomable in the American context."

Read the excellent article in full HERE

Toronto simmers in anti-development animosity

There is an undercurrent to Toronto these days, and it's not a happy one. The city has been in a development boom over the last ten years that shows no sign of slowing. Looking out my window (as I've shared with you before in this blog), there are no fewer than ten construction cranes, marking the creation of new high-rises for residents and business. And this reflects just one view from just one part of the city. There are over 130 such developments going on city-wide.

The animosity that is developing in the city has to do with what citizens see as unchecked growth. Developers and business seem to get their way here, no matter what the citizens have to say about it. Currently there are a couple high-profile proposals that have the public on edge. One is the expansion of the Billy Bishop (Island) airport. Porter Airlines wants to be able to fly small jets out of the facility, which sits in the Toronto harbour, a short distance from the lake shore. The expansion of the runway to facilitate these jets would impact boaters' ability to navigate, and the noise would impact everyone.

There are thousands of residential condominiums at the lake shore - and all of them would have to deal with the noise that would begin with construction and never end with an increasing number of jet flights in and out of the airport.

The other construction related issue in this neighbourhood is the slow pace at which renovations are being made to a huge stretch of Lakeshore Blvd. This infrastructure project seems to be happening part-time at best, while impacting residents and commuters who use this key city street.

I have only described two of over 100 major development and infrastructure projects going on in the city right now. Residents are upset with unchecked growth, with construction that never ends, and with the city seemingly ignoring the impact of these projects on anything but the tax base.

Whether anything will slow the train of progress is hard to say. Political will at the municipal level seems almost non-existent. But that's life today in Canada's largest city.  

The fifth season of the year

In almost every country around the world, people experience four seasons. We all know them well - Winter, Spring, Summer and Fall. But in Canada, there is another season. It lasts from late September until late May or early June, bridging Fall, Winter and Spring. Just what is this season called? Why, Hockey Season, of course!

And it started last night.

Hockey is Canada's national sport. It eclipses all other professional sports, and is enjoyed by boys and girls, men and women of all ages. Canada has a long and storied history with the sport. During the season, you can find a large percentage of the population in front of their TVs every Saturday night for "Hockey Night In Canada" on the CBC. The play by play announcers, host Ron McLean and not forgetting "Coach's Corner" lead Don Cherry are household names in this country.

If you are planning on becoming a permanent resident of Canada and want to understand something about the culture and values of Canadians, you could do a lot worse than by learning about the sport of hockey, and just as importantly, the "values" of hockey.

Dale Rosenberger, in an article for the United Church of Christ noted 11 life lessons that can be learned from hockey. I find all of these lessons can also be found in the character of Canadians

• Grace and strength meld beautifully.
• Team play is the best kind.
• Brace and protect yourself against a world of trouble before you engage.
• Diversity doesn’t always look like a UNICEF card.
• Courage can be learned only in the crucible.
• If you want to feel a deep glow inside, achieve a goal.
• Biggest doesn’t mean best.
• It is unhealthy to hide human wrongdoing and sweep it under the rug.
• Politeness and passion mix well.
• Life is uneven; deal with it
• Be approachable.

Happy Hockey Season!