Better Safe Than Sorry
February 25, 2009On most days, I truly love what I do. Many lawyers spend their working lives locked in adversarial battles, where one side wins and the other loses. Not much fun, if you ask me. In my job I get to work in an environment, where most of the time, there are no losers. Our clients almost always get what they want...Canada gets what it needs...and I get to make a decent living from it all.
But some days, my work is not much fun at all. Take last Thursday for example. That's when we received notification from the provincial government in Alberta that, effective immediately, candidates, who apply under the special nomination program for H-1B status holders in the U.S. would have to maintain their H-1B status and U.S employment up until the time that the provincial nomination certificate is issued, a process that can last 2 to 6 months. Before last Thursday, applicants only needed to be employed at the time the application was submitted and if they lost their U.S. job after submission of the application it would not negatively affect their Canadian immigration plans. So there you have it...no warning and the rules change.
So now, when H-1B holders contact us to inquire about immigrating to Canada and they are concerned about possibly losing their U.S. jobs, I have to advise them that they will need to maintain their H-1B status and have a job in the U.S. up until the time that the provincial nomination certificate is issued. That could be very sad news to someone who has already received a lay-off notice from his/her U.S. employer. Before last Thursday applicants, who submitted their applications, were not negatively affected for Canadian immigration purposes if they unfortunately lost their U.S. job.
I bring this to the attention of readers because recently the Federal Government has been making noises about perhaps reducing the number of immigrants that Canada accepts this year. While the Minister of Immigration stated that the government still intends to meet 2009 immigration target numbers (240,000-265,000) he went on to note that they are monitoring the situation closely, in light of the worldwide economic downturn. The Minister will be consulting with his provincial counterparts in March and we can expect an update following those meetings. Don't be surprised if the government then announces adjustments to our Canadian immigration programs.
As a general rule, Citizenship and Immigration Canada (CIC) gives no warning in advance of changes that will affect an applicant's chance to qualify. This makes sense, because a pre-announcement would likely cause a flood of applications from applicants hoping to get in while the door remains open for them. In this instance, the Minister of Immigration is signaling that there may be changes coming in the near future, even if that is not the government's preference today.
How to respond to this?
If you are considering Canadian immigration and you are qualified under the current selection system, then the prudent thing to do is submit your application while you can.
Better safe than sorry.
8 Comments:
Mr. Cohen - Thanks for your informative blogs.
Any reason why AINP does not allow L1B/A visa holders to apply for PNP program? These visa holders have the same credentials (dare I say better) as H1B folks.
Thank You very very much Mr.Cohen.Its very informative for everyone and especielly for me.
As usual, your analysis is highly informative. Thank you!
Mr. Cohen:
Put everything in the hands of The Lord Jesus Christ. You will see closed doors opening and oportunities will harvest. Refer to Mathew 11:27-30
27"All things have been committed to me by my Father. No one knows the Son except the Father, and no one knows the Father except the Son and those to whom the Son chooses to reveal him.
28"Come to me, all you who are weary and burdened, and I will give you rest. 29Take my yoke upon you and learn from me, for I am gentle and humble in heart, and you will find rest for your souls. 30For my yoke is easy and my burden is light."
Thank You for your outstanding service regarding my case.
See you soon in Montreal.
Best Regards and Blessings from Jesus Christ.
Kelvin Pena Raymond.
In the last decade we much heard about privatization, globalization,merger,leveraging whereas, now we hear, nationalization,pullout,demerger, deleveraging. Just reverse. The private entrepreneurs( i.e. corporates)while preaching globalisation did not see the interest and future of common mass; as they are not governments. However,most of the countries , which are not epicentre of this financial tsunami are now really functioning like puppets. A bit puzzled and bewildered.A'sea saw'fear in deed. Blind dependency of status-quo of easy business flows.The most devastating is the role of todays faster media that speaded the fear faster than all time in the past. Of course, we know , Canada is much dependant on the US economy and the bigger job for the Canadian govt now would be to look for diversified trade partners intead of focussing on a few number of migrants . In fact it now needs more migrants from diverse economies .
Mr. Cohen,
You have been always given informative blogs. Thanks for the information and hope those who are interesteed to come to Canada will apply soon.
chi_3ash
Thank you very much Mr.Cohen.Its very informative for me.Please give me more latest information about PNP Programme.Specially about PNP manitoba (vinipeg).
Mr. Cohen, a great article, as always. Perhaps a few months down the line you could let us know how the post Feb 27th applications are being processed and if they will actually fall within the stated time frame of one year? Thanks and keep up the great work!
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