Facebook | Buy Tickets Here

Effective December 23, 2010:

If you are submitting a language test with your immigration application, the results are now valid for 2 years from the time you took the test, instead of 1 year.

This change applies to Federal skilled worker, Canadian Experience Class and Business Class Immigrants.

Ottawa, June 8, 2010 — Today, legislation to crack down on crooked immigration consultants who exploit prospective immigrants was introduced in the House of Commons by Citizenship, Immigration and Multiculturalism Minister Jason Kenney.

The Cracking Down on Crooked Consultants Act would strengthen the rules governing those who charge a fee for immigration advice, close immigration system loopholes currently exploited by crooked consultants, and improve the way in which immigration consultants are regulated.

“While most immigration consultants working in Canada are legitimate and ethical, it is clear that immigration fraud remains a widespread threat to the integrity of Canada’s immigration system,” said Minister Kenney. “The Cracking Down on Crooked Consultants Act will better protect prospective immigrants from crooked consultants and help safeguard our immigration system against fraud and abuse.”

The Act would make it a crime for unauthorized individuals to provide immigration advice for a fee. It would also amend the Immigration and Refugee Protection Act so that fees for immigration services could only be charged by authorized consultants, lawyers and notaries who are members in good standing of a governing body authorized by the Minister. This includes services performed before an application is submitted or a proceeding begins, thus closing a loophole in the current framework regulating consultants.

“Crooked immigration consultants victimize people who dream of immigrating to Canada,” said Minister Kenney. “Worse still, there is evidence that these individuals encourage prospective immigrants to lie on their immigration applications, to concoct bogus stories about persecution when making refugee claims, or to enter into sham marriages with Canadian citizens and permanent residents. This undermines the integrity and fairness of Canada’s immigration system.”

Accompanying the Minister today was a family featured in a Citizenship and Immigration Canada (CIC) video warning would-be immigrants to be wary of immigration fraud.

The Cracking Down on Crooked Consultants Act would also give the Minister the authority to designate a body to govern immigration consultants and establish measures to enhance the government’s oversight of this body.

In addition, the legislation would close another loophole in the current framework which prevents information sharing. It would allow CIC to disclose information relating to the ethical or professional conduct of a member of a provincial bar or the Chambre des notaires du Québec or a member of the Canadian Society of Immigration Consultants, the body currently governing immigration consultants, to those responsible for governing or investigating that conduct.

The Minister is also taking immediate steps to address a lack of public confidence in the regulation of immigration consultants. In addition to tabling this bill, a Notice of Intent will be published on June 12, 2010, in the Canada Gazette. It will announce CIC’s intention to launch a transparent public selection process to identify a governing body for recognition as the regulator of immigration consultants, under current authority. The Notice of Intent will request comments from the public on the proposed selection process.

“The body regulating consultants must regulate effectively and must be held accountable for ensuring that their membership provides services in a professional, competent and ethical manner,” said Minister Kenney.

Prime Minister Stephen Harper takes part in a toast with Premier Wen Jiabao at the Great Hall of the People in Beijing, on Thursday. (Sean Kilpatrick/Canadian Press)

A decision by China to bestow approved destination status on Canada will open the gates for tourists from that country, pumping millions of dollars into Canada's tourism industry, experts say.

The decision was announced in a joint communiqué, issued by Chinese and Canadian officials on Thursday, during Prime Minister Stephen Harper's first trip to China.

“Approved destination status marks a significant moment in the history of our relations with China, indicating not only our mutual commitment to strengthening our diplomatic and commercial partnerships, but also our people-to-people ties,” said Harper in statement released by his office on Thursday.

Business professor Allen Zhu said he was surprised by the announcement, given the poor state of Canada's relationship with China under Harper.

But Zhu said it will make it much easier for Chinese travellers to visit Canada on tourist visas, not just as students, or for business reasons.

The decision will also allow Canada to advertise as a tourist destination in China, said the professor, who teaches at Capilano University in North Vancouver.

"If you have [approved destination status] you are allowed to do marketing and promotion all over China. This is a huge challenge for us, but it also brings a lot of profit for our business, and especially for Vancouver," said Zhu.

In the short term, Zhu said the new status means Chinese tourists will likely come to Vancouver for the 2010 Winter Olympics in February, but in the long term, Zhu estimates a huge spike in tourism all over the country.

"I think the estimation was more than $100 million every year in tourism revenue," he said.

B.C. Premier Gordon Campbell welcomed the news, saying it was something his government had been working towards for a long time.

"It should mean real economic opportunity for our tourism industry in British Columbia. It will be a real boost at a time when we come out of the 2010 Olympics," said Campbell, who heard the news while in Toronto.

Zhu said he first started working on getting Canada approved destination status while living in Beijing 12 years ago.

But he and his colleagues were convinced the policy would not change during Harper's current trip to China because Canada's relations with China have soured over recent years.

On Thursday in Beijing, Chinese Premier Wen Jiabao reminded Harper that a Canadian prime minister had not visited in five years — a duration he called "too long."

Chinese newspapers have also adopted a mixed tone toward Harper's visit, with one touting Harper's arrival as a sign that ties between the two countries may "thaw," while another article described Harper's visit as "late" but "still welcome."

Meanwhile, the Chinese Foreign Ministry has called on Canada to deport accused smuggler and billionaire Lai Changxing, who has taken refuge in Vancouver for the last nine years after fleeing China.

According to the Prime Minister's Office, nearly 160,000 Chinese travellers visited Canada last year. Chinese visitors had the highest average length of stay in Canada — 28 nights — and spent more than visitors from any other country, nearly $1,650 each.

According to a Conference Board of Canada survey, approved destination status is expected to boost the yearly rate of travel to Canada from China by up to 50 per cent by 2015.

Vancouver, April 21, 2008 — The Honourable Diane Finley, Minister of Citizenship and Immigration, today announced changes to work permits for international students who graduate from eligible programs at certain Canadian post-secondary institutions, making it easier to attract foreign students to Canada.

Effective immediately, and for the first time, these international students would be able to obtain an open work permit under the Post-Graduation Work Permit Program, with no restrictions on the type of employment and no requirement for a job offer. In addition, the duration of the work permit has been extended to three years across the country. Previously, the program only allowed international students to work for one or two years, depending on location.

“The Government of Canada wants more foreign students to choose Canada and we want to help them succeed,” said Minister Finley. “Open and longer work permits provide international students with more opportunities for Canadian work experience and skills development. This will, in turn, help make Canada a destination of choice, and help us keep international students already studying in Canada.”

The increased flexibility offered by the expanded program will benefit graduates and employers alike as the program will help international students get important work experience while responding to Canada’s labour market needs. Canada will benefit in the long run as the professional experience gained will help graduates meet the requirements to stay permanently in Canada.

“As we move toward the implementation of the Canadian Experience Class, these changes will help create a pool of individuals who, with work experience, will find it easier to apply to immigrate to Canada,” added Minister Finley. “Our ability to retain international graduates with Canadian qualifications, work experience and familiarity with Canadian society, will help increase our competitiveness and benefit Canada as a whole.”

The Post-Graduation Work Permit Program allows students who have graduated from an eligible program at a post-secondary institution to gain valuable Canadian work experience. Preliminary 2007 data indicate that 63,673 international students came to Canada that year, representing a 4.6 percent increase over the previous year.

Ottawa, October 30, 2009 — Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, tabled Citizenship and Immigration Canada’s 2009 Annual Report today in Parliament.

“While other countries have cut back immigration levels as a short-term response to the global economic downturn, our government is actually maintaining its immigration levels to meet the country’s medium- to long-term economic needs,” said Minister Kenney.

“Canada plans to welcome between 240,000 and 265,000 new permanent residents in 2010, the same number of immigrants as in recent years. In 2010, Canada will again welcome more new permanent residents than the average annual intake during the 1990s,” said Minister Kenney. “The focus of the 2010 plan is on economic immigration to support Canada’s economy during and beyond the current economic recovery.”

In particular, the admission ranges for immigrants nominated by the provinces and territories have been increased. Provinces and territories are in the best position to understand how Canada’s immigration intake can be aligned to their labour market needs. Second, by increasing the admission ranges in the Provincial Nominee Program, the Government of Canada is helping to ensure that the benefits of immigration are distributed across this country. Canada and the provinces will work together to manage growth in the provincial nominee program. Increasing the total number of immigrants processed under the economic category will also allow CIC to continue reducing the backlog of federal skilled worker applicants as part of the Action Plan for Faster Immigration. 

Although the Action Plan has been in place for less than a year, early indications are that it is paying off. “People applying now under the federal skilled worker program can expect to receive a decision within six to twelve months, compared to up to six years under the old system,” said Minister Kenney. “We’ve also brought the backlog of federal skilled worker applicants down from over 630,000 to 425,000—a reduction of more than 30%.”

The backlog consists of people who applied before February 27, 2008, the date the Action Plan took effect.  Since then, almost 240,000 people have applied to the new federal skilled worker program under the Action Plan. But even with those additional applicants, the total number of people currently awaiting a decision on their application is still 12% lower than when the Action Plan took effect.

“Before we changed the system, we had to process every application received. Since many more people applied every year than could be accepted, a backlog was created,” said Minister Kenney. “Now that we are processing only those applications that meet specified criteria, our Government is making significant progress in reducing the backlog.” 

Improving the federal skilled worker program is part of the Government of Canada’s overall commitment to modernizing the immigration system to maximize its contribution to our overall economic growth.

Qualifying as a Skilled Worker
One can immigrate to Canada by applying for permanent residence as a federal skilled worker.  A good candidate as a skilled worker is someone with the ability to become economically established in Canada.  To qualify as a skilled worker, the applicant must have the required work experience, meet financial requirements, and obtain enough points in the six selection factors. 

To apply as a skilled worker, the applicant must have at least one year qualifying skilled full-time paid work experience within the last ten years. 

Applicants must prove that they will have enough money to support themselves and their accompanying dependents in Canada.  If the applicant is single, the applicant must show funds of approximately $10,000 Cdn. The maximum amount is $25,000, if there are six family members accompanying the applicant. 

1. Education
The first of the six selection factors is education.  The number of points awarded depends on the applicant’s highest level of education and years of full-time study.  The maximum is 25 points, which is awarded if the applicant has a master’s degree or Ph.D. and at least 17 years of full-time study.  An applicant who has completed high school will obtain 5 points. 

2. Language Proficiency
The second factor is language proficiency, for which applicants can be awarded up to 24 points for their English and French speaking, listening, reading, and writing skills.  An applicant can obtain a maximum of 16 points if they are highly proficient in their first official language.  An applicant can also gain a maximum of 8 points for their second official language.  The best way for an applicant to prove language proficiency is to take a test from IELTS or CELPIP. 

3. Work Experience
The third factor is work experience.  An applicant will get 15 points if he or she has one year of full-time paid experience in a qualifying skilled job listed in the NOC.  For every additional year, an applicant will obtain another 2 points, up to a total of 21 points for an applicant with four years or more of experience. 

4. Age
The fourth factor is age.  If the applicant is from the age of 21 to 49, he or she will obtain the maximum 10 points.  For every year the applicant is above or below that age, he or she will lose 2 points from the 10 points.  If the applicant is less than 17 years or more than 53 years of age, there are no points awarded. 

5. Arranged Employment
The fifth factor is arranged employment in Canada.  If an applicant has a permanent full-time job offer confirmed by HRSDC and is qualified for the job, the applicant can be awarded 10 points.  If an applicant has a current work visa valid at the time of application and issuance of the permanent residence visa and the employer has made a permanent job offer, the applicant can obtain 10 points.

6. Adaptability
The sixth factor is adaptability, for a maximum of 10 points.  The applicant can obtain 3 to 5 points for the accompanying spouse’s level of education.  Five points will be awarded if the applicant or the spouse has completed two years of full-time post-secondary study or one year of full-time work experience in Canada.  An additional 5 points is awarded if there is arranged employment.  If the applicant or spouse has a family member in Canada, the applicant will get 5 points. 

The Pass Mark
The maximum number of points is 100.  When the new Immigration and Refugee Protection Act came into force in 2002, the pass marks for skilled workers was 75 points.  The pass mark was lowered in 2003, making it easier for applicants to immigrate to Canada as skilled workers.  The new pass mark is now 67 points. 

If an applicant has 67 points or more, he or she will likely qualify as a skilled worker, assuming the applicant does not have a serious medical condition or a criminal record.  If the applicant has less than 67 points, the applicant will likely not be successful.  The applicant may still submit an application indicating factors that would show the ability to become economically established in Canada.  However, it would be best to either apply for permanent residence through another category or wait to apply as a skilled worker when the applicant can obtain more points (for example, when the applicant finishes a masters degree or completes four years of full-time work experience).  If the potential applicant has a spouse or a common law partner, the person with the most points should apply as the principal skilled worker applicant. 

Maintaining PR Status
Once the permanent resident card is issued, the immigrant can enter Canada.  Permanent residents can freely travel back to their home country and re-enter Canada.  However, to maintain permanent residence status, the immigrant must live in Canada for at least two out of every five years.  The permanent resident can count days spent in another country as residency days in Canada if the permanent resident is accompanying a Canadian-citizen spouse or is working full-time for a Canadian business in that country. 

Once the immigrant has lived in Canada for three out of four years, the immigrant can apply for citizenship. 

If you have any questions about immigrating to Canada, please contact Robert Pryer at staff@spechtandpryer.com.

Choosing the name of a corporation is one of the first decisions to be made when incorporating and is often the most difficult.  According to the Business Corporations Act, the name cannot be identical or similar to another company's name. The corporate name has to have a distinctive element and a descriptive element, and has to have a corporate designation such as "Limited", "Limitee", "Incorporated", "Incorporee", "Corporation" or their abbreviations such as "Ltd", "Ltee", "Inc." and "Corp."

Distinctive and Descriptive Elements

The distinctive element allows the public to distinguish one corporation from another. The distinctive element is the most important part of the name of a company and must appear first. For example, "Retail Store Inc." does not distinguish itself from other similar businesses, while "Mohawk Retail Store Inc." does. Coined names (a completely new word often consisting of syllables put together from the names of incorporators), personal names, initials, geographic locations and numbers can be used as the descriptive element in the name of a British Columbia company.

The descriptive element indicates the nature of the business of the company. The requirement to have the descriptive element in the name of a company distinguishes British Columbia from some other Canadian provinces and foreign countries. The descriptive element may be specific such as "XYZ Translation Services Ltd." or may be rather general such as "XYZ Enterprises Ltd."

Prohibitions
 
The Act imposes several prohibitions with respect to corporate names. For example, names containing well-known trade-name or trade-mark will not be registered. The word "government" or any words that imply association with any governmental authority are not allowed. The use of "British Columbia" or "B.C." at the beginning of a corporate name as the distinctive element may not be permitted, if, in the opinion of the registrar it implies connection with the government of the province of British Columbia, unless a written consent from the provincial government is obtained. Similar prohibitions apply to  names suggesting any connection to the Crown or Royal Family, vulgar, obscene or racial expressions, identical or similar names, words subject to statutory prohibitions and restrictions (such as Board of Trade, bank, R.C.M.P., etc.), words that do not accurately describe the activities of the company.

Corporate Names and Internet Names

If a company wants to use the same corporate name as its Internet domain name, the domain name has to meet the name requirements. It has to have a distinctive and descriptive element. For example, and Internet name that may be approved as a corporate name is: "XYZTraslationsServices.com Ltd.". "XYZ.com" would not be approved.

Trade-Marks in Conflict With Company Names

Trade-marks are words or symbols established by use or registration to distinguish goods or serviced as being the goods of a particular producer or the services of a particular provider. It should be noted that registering a company name on the British Columbia corporate register does not provide a proprietary interest in the name. If a corporate name is similar to or identical with one used by a trade-mark holder, the name may be subject to an infringement action, and the company name holder may lose everything invested in the company name and may be liable to pay damages and the other party's legal costs.