Tag Archives: NKIC Newsletter – January 2016

USA EB-5 Upcoming Price Increase Postponed Until September 2016

January 17, 2016 nkic

On Dec. 15, 2015, one day prior to the expiration of the EB-5 program on Dec. 16, House and Senate leadership have recommended that the EB-5 program be extended until Sept. 30, 2016. The language for extension will be included as part of the larger omnibus appropriations bill that is anticipated to be passed on Friday. This “clean extension” will mean that nothing to the program will change, such as minimum investment amounts, definitions for Targeted Employment Areas, or other reforms. All I-924, I-526, and I-829 petitions will continue to be accepted, processed, and adjudicated as normal, until a new reform bill is passed or until the program’s sunset on Sept. 30, 2016.

The EB-5 Investment Coalition, with the support of key members of the EB-5 industry, have worked tirelessly to advocate the EB-5 program and to recommend reform measures that will be beneficial to the greater EB-5 industry. Over the last year, five bills seeking to reform the EB-5 program have been introduced in both the House and the Senate, all proposing different measures for reform and improvement. When the EB-5 program was due to expire on Sept. 30, 2015, it was temporarily extended through a temporary government funding bill, a “continuing resolution,” until Dec. 11, 2015. In November 2015, a discussion draft produced by the House and Senate Judiciary Committees was widely circulated through the EB-5 industry, expanding upon S.1501, a Senate bill that was introduced in June 2015. Members of the EB-5 industry, including EB-5 IC, provided feedback and comments to the discussion draft, with the intent of making the EB-5 program workable while also advocating for strong integrity and enforcement measures. While negotiations were extensive and significant changes were agreed upon through the efforts of EB-5 IC and its partners, including the Real Estate Roundtable and the Chamber of Commerce, there were still many changes needed to make the bill workable. As it became clear that certain points of the discussion draft needed further negotiation, comment, and study, EB-5 IC and its partners, recognized the need for more time to work on different aspects of the bill, and sent a letter to the House and Senate leadership, requesting a one year extension with integrity measures.

As the deadline of Dec. 16 quickly approached, the House and Senate leadership recognized the need for more work on the bill as voices of the EB-5 industry were heard, and as a result, an extension of the EB-5 program until Sept. 30, 2016, will be included with the omnibus appropriations bill, along with the other expiring immigration programs (R-1 visas for religious workers, the Conrad 30 waiver program for J-1 medical workers, and the E-verify program.)

EB-5 IC Board Members Laura Foote Reiff and Jeff Campion recognize the equally tireless work of key Congressional leaders by stating: “We thank our champions in Congress; House and Senate Leadership and Chairmen and Ranking Members of the House and Senate Judiciary Committees. We especially thank senators Cornyn, Flake, and Schumer, and congressman Pete Sessions – who ensured that our voices would be heard.”

The next 10 months will be critical in ensuring that members of the EB-5 industry work together with Congress to ensure that meaningful reforms take place that will protect all stakeholders of the industry. EB-5 IC will continue to work tirelessly with its partners to ensure that all interests are represented.

Please Contact Us for more information.

News, Provincial Nominee Programs, Saskatchewan Immigration

Saskatchewan Reopens Express Entry Stream

January 17, 2016 nkic

The end-of-year rush on Provincial Nominee Program (PNP) Express Entry nominations being issued continues, with Saskatchewan having announced on December 16, 2015 that, effective immediately, 500 additional applications will be accepted under the ‘International Skilled Worker – Express Entry’ sub-category of the Saskatchewan Immigrant Nominee Program (SINP).
Saskatchewan also announced a corresponding increase to the year’s application quota for this sub-category, from 2,500 to 3,000.

As this is an enhanced immigration stream, a successful nomination will result in applicants being awarded 600 points under the Comprehensive Ranking System (CRS) and receiving an Invitation to Apply (ITA) at a subsequent draw from the Express Entry pool.
The latest SINP announcement marks the second time this month, and fourth time this year, that the International Skilled Worker – Express Entry sub-category has opened. Each time this sub-category has opened it has also filled quickly. The previous intake period lasted just four days, and the current application intake is also expected to be filled quickly.

This sub-category is limited to candidates in the Express Entry pool who, in addition to meeting the requirements of a federal immigration program (Federal Skilled Worker Class, Federal Skilled Trades Class or Canadian Experience Class), must also satisfy the requirements of the SINP International Skilled Worker Express Entry sub category. This includes obtaining 60 points on Saskatchewan’s point assessment grid.

In addition, candidates must:

• demonstrate proficiency in either English or French; and
• have completed a minimum of one year of post-secondary education or training that has resulted in a degree, diploma, certificate, or a certificate equivalent to a trade certificate and which is comparable to the Canadian education system, as verified by an Educational Credential Assessment.
A potential candidate must also demonstrate a minimum level of work experience related to his or her field of education or training. This work experience may be either:
• at least one year of work experience in the past 10 years in a skilled profession (non-trades); or
• at least two years of work experience in a skilled trade in the past five years; or
• at least one year of skilled work experience in Canada in the past three years (trades and non-trades). This work experience must be in a high skilled occupation (NOC “0”, “A” or “B”) that is considered to be in-demand in Saskatchewan.
A complete list of in-demand occupations can be found at the end of this article.

The Application Process

Candidates eligible for and interested in applying to the Saskatchewan Express Entry sub-category should follow these steps:
1. Submit an online profile on CIC’s Express Entry immigration selection system and get accepted into the Express Entry pool.
2. Apply to the SINP for provincial nomination. Documents and all forms need to be attached to the SINP application. If approved for a nomination, the SINP will enter the details of the nomination into CIC’s Express Entry system and send a nomination letter to the candidate explaining the next steps.
3. After the SINP enters the nomination information into a candidate’s Express Entry profile, he or she will be awarded an additional 600 points for a nomination under the Express Entry Comprehensive Ranking System and receive an invitation to apply for permanent residence at a subsequent draw from the pool. From the moment a candidate receives an invitation to apply for permanent residence, he or she will have 60 days to submit an application for permanent residence.

End-of-year PNP Rush

At the 23rd Annual Immigration Law Summit held in November in Toronto, Ontario, a spokesperson for Citizenship and Immigration Canada (CIC) stated that an increase in the CRS point requirement in order for candidates to receive an ITA was largely due to the fact that many provinces did not open their Express Entry Provincial Nominee Program (PNP) streams, through which successful candidates may obtain an additional 600 CRS points, until months after the system was launched. As a result, there has been a rush of PNP certificates being issued to proactive candidates in the Express Entry pool.

Another example of the end of year PNP Express Entry rush is Ontario. On November 24th Ontario announced that as a result of a glitch, candidates who were eligible for the Ontario Immigration Nominee Program (OINP) Express Entry streams should re-submit their Express Entry profiles in order to be visible to the province. Since then, Ontario has quickly invited some of these candidates to apply under its Express Entry PNP streams.

Both the SINP and OINP only issue nominations or notifications of interest to candidates who have a profile in the Express Entry pool.

Please Contact Us for more information.

News, Provincial Nominee Programs

New Business Immigration Programs in Ontario

January 17, 2016 nkic

Entrepreneur and Corporate Streams

Canada’s most populated province, Ontario, has provided details on two new business immigration programs that are now open to eligible candidates wishing to invest in the Canadian economy. As the leader in attracting foreign direct investment of any province or state in North America, Ontario’s new business streams are likely to prove popular.
The Entrepreneur Stream and the Corporate Stream both operate under the Ontario Immigrant Nominee Program (OINP), a Provincial Nominee Program that allows Ontario to nominate individuals deemed to have credentials that would benefit the local labour market. Ontario is home to Canada’s capital city, Ottawa, and Canada’s largest city, Toronto, which is located close to other major North American markets.

The OINP Entrepreneur Stream

The OINP Entrepreneur Stream is designed to attract individuals who are looking to implement a new business initiative or buy an existing business in Ontario. The OINP Entrepreneur Stream operates on an ‘Expression of Interest’ model, whereby eligible participants must be invited to apply before they may submit a complete application.
Successful applicants will obtain a temporary work permit support letter, based on a performance agreement, to establish the business in Ontario. If the investment and job creation agreements outlined in the performance agreement are adhered to, entrepreneurs will have the opportunity to be nominated for Canadian permanent resident status through the OINP.

The OINP Corporate Stream

The OINP Corporate Stream helps and supports established international corporations looking to expand into Ontario or buy an existing business. Once the business has been successfully established, key staff are eligible to apply for a provincial nomination certificate, allowing them to eventually become permanent residents of Canada.
There are a range of requirements for this stream, with criteria covering the corporation, the investment, local job creation, key staff and employment.

How are the new business streams different from the old Investor category?

Ontario closed its OINP Investor category on October 29, 2015, and announced that details of the new business streams would be provided in due course. Now that these details are in the public domain, stakeholders are wondering how these options differ from each other, as well as how they compare with the now-defunct Investor category.

“The two new business immigration streams for Ontario really are a breath of fresh air. It looks like the government of Ontario has done its homework and noted what works in other regions of the world,” says Attorney David Cohen.

“The Entrepreneur Stream is not too dissimilar to the EB-5 program in the United States, the main difference being that the Ontario version, like many new Canadian immigration programs, operates under an Expression of Interest system. The main benefit of this to the province and candidates alike is that it is demand-driven; this should allow for quick program delivery processes, and applicants will know that they have actually been chosen by the government based on their strong profile.

“Meanwhile, the Corporate Stream is all about either taking a successful business operation and expanding it into one of the most open, diverse, and stable markets in the world, or identifying an existing business in Ontario and taking it to the next level. Successful applicants to either of these streams will be developing their careers and portfolios in a beautiful and thriving region of North America.”

Please Contact Us for more information.

Family Class, News

Update on Work Permits for Spousal In-Canada PR Applications

January 17, 2016 nkic

Foreign nationals in Canada applying to immigrate as a spouse or common-law partner will continue to have the opportunity to work while waiting for their application to be finalized. A pilot program giving them open work permits is being extended for one year, until December 22, 2016.

To be eligible for an open work permit, you must be a spouse or common-law partner living in Canada who is being sponsored under the Spouse or common-law partner in Canada (SCLPC) class. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor.

If you have already submitted an application for permanent residence under the SCLPC class but have not yet applied for an open work permit, you can complete the work permit application. Send your completed application, along with appropriate fee, to the Case Processing Centre in Vegreville at:
CPC – Vegreville
WP – Unit 777
6212–55 Avenue
Vegreville, AB
T9C 1X6

If you have already received approval in principle on your permanent residence application—meaning you received a letter from Immigration Refugees and Citizenship Canada stating you meet the permanent residence eligibility requirements but have not yet passed the medical, security and background checks for your family members or yourself—you may apply for an open work permit online.

If you were provided with a work permit under the initial pilot, you must apply for a work permit extension before it expires.

If you are submitting a new application under the SCLPC class, you may submit a work permit application at the same time as your sponsorship application, along with an application for permanent residence, under the SCLPC class. You must include the appropriate fees, and send all completed applications together to the Case Processing Centre in Mississauga.

Please Contact Us for more information.

News, NKIC Newsletter, Quebec Immigration

Quebec Skilled Worker Immigration Selection System Update

January 15, 2016 nkic

Mon projet, Québec’s Online Management System is Launched in Anticipation of January 18, 2016 Reopening

The first week of 2016 has been a busy one for the Quebec Skilled Worker Program (QSWP), a Canadian immigration program designed to select newcomers who are likely to become economically established upon arrival in the province of Quebec. Effective December 31, 2015, the government of Quebec has made the criteria for area of training far less onerous than previously. Meanwhile, the Mon projet Québec online application management system was launched on January 5, 2016.

The QSWP allows eligible applicants to immigrate to Canada after receiving a Quebec Selection Certificate / certificat de selection du Québec (CSQ) from the government of Quebec. The next application intake for the QSWP is scheduled to begin on January 18, 2016, and may run until March 31, 2016 at the latest. A maximum of 2,800 applications will be accepted for processing during this intake period, and demand is expected to exceed supply. Consequently, it is likely that the cap will be reached prior to March 31.

Changes to points system: Area of Training and Level of Education

The QSWP is a points-based program. Points are awarded for a candidate’s area of training, work experience, language proficiency, age, prior relationship with Quebec, the human capital factors of the applicant’s spouse or common-law partner (if applicable), and whether or not the applicant has a validated job offer from an employer in Quebec. If an individual satisfies the minimum point requirement for these factors, he or she may then gain additional points for any accompanying dependent children and proof of financial self-sufficiency.

One of the distinctive characteristics of the QSWP, compared with other Canadian immigration programs, is that candidates have the opportunity to be awarded a significant number of points through having earned a diploma, degree or certificate in an area of training that meets Quebec labour market needs. Up to 16 points are available for this factor, but until last week applicants who obtained their diploma, degree or certificate more than five years ago were required to show relevant work experience in the field in order to obtain these points.

However, this is no longer the case. As of December 31, 2015, applicants may receive points under the area of training factor for their diploma, degree or certificate regardless of when it was earned, provided that it was obtained before the application was submitted.

The changes announced on December 31, 2015, can also have an impact on whether a candidate’s degree, diploma or certificate is counted toward his or her point total. The level of education being assessed under the QSWP must have been completed prior to submission in order for points to be awarded.

“While many stakeholders may have been waiting anxiously to see what Quebec’s much-anticipated online system would look like, this news in relation to how points are awarded may have slipped under the radar to some extent,” says Attorney David Cohen.
“Nonetheless, its importance should not be understated. In effect, Quebec is opening its doors to an increased number of potential newcomers. It is the latest welcome development to what was once a convoluted and drawn-out immigration process.”

The government of Quebec has made a number of changes to the QSWP over the past year, including the release of a new area of training list and the removal of the ‘adaptability’ factor/interview from the points-based program, which had the effect of lowering the pass mark required to obtain a CSQ. Taken together with the latest changes to the QSWP selection process, candidates who may not have been eligible during a previous application cycle of the program may now be eligible.

Mon projet Québec

Mon projet Québec is an online immigration application management system used by the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) in order to process applications under the QSWP. It was launched on January 5, 2016 and, while some teething issues were encountered over the first two days of operation, the system appears to be functioning at an ever-improving level.

Mon projet Québec allows candidates to complete their application for a CSQ, make their payment online, follow the status of their application, make changes to their application, and access personal electronic messaging throughout the process. As of January, 2016, QSWP candidates must use the secure space Mon projet Québec in order to submit an application.

The Mon projet Québec system allows a limited number of users to access the system at any one time. When users access the system, they create a user name and password. An activation link is then sent to the user’s personal email address; this activation link must be activated within 72 hours, otherwise the user must start over.
Candidates have up to 90 days to submit an application from the time they started to complete the application in Mon projet Québec. Once the application has been submitted, candidates will have 30 days to pay government processing fees. If a candidate does not submit within the prescribed time frame, the application will be deleted.

Quebec Skilled Worker: Present and Future

Quebec’s Minister of Immigration recently proposed a bill that, if passed, could result in Quebec implementing an Expression of Interest system similar to the Express Entry system currently used by the government of Canada. The upcoming application intake period may be the last application cycle where Quebec uses a first-come, first-served Skilled Worker Program.

The QSWP may be an enticing option for individuals who wish to make an application to immigrate to Canada without having to be invited to apply, as well as individuals who are in the Express Entry pool and wish to increase their chances of successfully immigrating to Canada. According to the governments of Quebec and Canada, candidates can apply under the QSWP and submit an Express Entry profile, as long as they withdraw one when either a CSQ or Invitation to Apply (ITA) is issued.

Please Contact Us for more information.

In addition, candidates must:

The Application Process

End-of-year PNP Rush

Entrepreneur and Corporate Streams

The OINP Entrepreneur Stream

The OINP Corporate Stream

How are the new business streams different from the old Investor category?

Mon projet, Québec’s Online Management System is Launched in Anticipation of January 18, 2016 Reopening

Changes to points system: Area of Training and Level of Education

Mon projet Québec

Quebec Skilled Worker: Present and Future

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