Our office was approached by a young professional to manage his permanent residence application under the Express Entry system. He had extensive work and travel history.  He also held complicated financial records, which were required to prove his ability to become financially settled in Canada. We worked diligently to complete and submit his permanent residence application pursuant to the Express Entry category – Federal Skilled Worker Program within a one month period.  His application was therefore submitted well within the 60 day deadline provided to our client by Citizenship and Immigration Canada.

Only four months after submission, we received a request for original passport for CIC to place his permanent resident visa inside. His original passport will be submitted to CIC and we expect our client to become landed in the near future.

The post This Week’s Featured Success Story: Express Federal Skilled Worker Results! first appeared on Bellissimo Law Group.

Dear Applicants:

Unfortunately, the Federal Court of Appeal has dismissed (rejected) our appeal in the Federal Skilled Worker termination case – May Joe Tabingo, et al and the Minister of Citizenship and Immigration. A more detailed report will follow in the coming days, after we have the chance to analyse the decision and communicate with the other lawyers who participated in the case.

Sincerely,

Mario D. Bellissimo

The post Important message: Communication to Federal Skilled Worker Applicants first appeared on Bellissimo Law Group.

NEW CAPS

A new cap system has been introduced that limits the total number of applications that will be considered to 5,000 per year. A sub-cap is also applied to each occupation type, so that for each eligible occupation listed in the National Occupation Classification (NOC) no more than 300 applications will be considered each year.

Any applications received after this cap has been reached will not be considered.  It is important to note the date the Federal Skilled Worker Program re-opens to receive new applications does not follow a calendar year, but operates on a 12 month basis commencing mid-year.

So far for the May 4, 2013 – April 30, 2014 period 3,5939 Federal Skilled Worker applications have been received. Although this is well below the 5,000 total for the year, many occupation categories have already reached their quota for the year.  A list of NOC occupations and how many applications have been submitted to date is as follows:

• Engineering managers – 300 (Cap reached)
• Financial and investment analysts – 300 (Cap reached)
• Geoscientists and oceanographers – 65
• Civil engineers – 300 (Cap reached)
• Mechanical engineers – 300 (Cap reached)
• Chemical engineers – 204
• Mining engineers – 9
• Petroleum engineers – 5
• Geological engineers – 94
• Aerospace engineers – 36
• Computer engineers (except software engineers/designers) – 300 (Cap reached)
• Land surveyors – 20
• Computer programmers and interactive media developers – 300 (Cap reached)
• Industrial instrument technicians and mechanics – 110
• Inspectors in public and environmental health and occupational health and safety – 300 (Cap reached)
• Audiologists and speech-language pathologists – 16
• Physiotherapists – 300 (Cap reached)
• Occupational therapists – 54
• Medical laboratory technologists – 300 (Cap reached)
• Medical laboratory technicians and pathologists’ assistants – 108
• Respiratory therapists, clinical perfusionists and cardiopulmonary technologists – 26
• Medical Radiation Technologists – 30

There are a few notable exceptions.  An applicant with a valid offer of arranged employment is exempt from the sub-cap.  Also the PhD stream has a higher 1,000 application sub-cap with some additional eligibility criteria.

ELIGIBILITY CRITERIA

After May 4, 2013 all applicants must fit one of the eligible occupations listed as:

• Skill Type 0 (management occupations; OR
• Skill Level A (professional occupations); OR
• Skill Level B (technical occupations and skilled trades)

For all 24 NOC occupation types the eligibility criteria include having one year uninterrupted full time work experience within the last 10 years at that same occupation.  For a PhD candidate to be eligible as a Federal Skilled Worker the applicant must have finished two years of study in Canada towards their PhD, or have graduated from a Canadian PhD program in the past 12 months.

Language Requirement:

All applicants must submit their results of the official language test to demonstrate that they meet the minimum language requirements in English and/or French. The applicant must have achieved Canadian Language Benchmark 7 in all four language skill areas: reading, writing, speaking, and listening.

Education Requirement:

Applicants must also include an Education Credential Assessment from an approved organization for any Canadian or International education they have received.

Financial Requirement:

All applicants must also be able to show they have enough money to support both themselves and any family the applicant may have in Canada.

Selection Grid:

All applicants must also meet the passing mark on a selection grid which takes into account the applicants assessed ability to adapt to life in a new country as well as the above mentioned selection criteria.  A passing mark is 67 out of 100 possible points. The breakdown of the point values is as follows:

• English and/or French skills  -28
• Education  -25
• Experience -15
• Age  -12
• Arranged employment in Canada -10
• Adaptability- 10
• Pass Mark: 67/100 possible points

PRINCIPAL APPLICANT

One important point to consider for anyone applying to the Federal Skilled Worker program is that if the applicant is married or living with a common-law partner, then either spouse may choose to be the principal (main) applicant for the visa.  The other spouse can be listed as a dependent. This may be advantageous in the case that one spouse has a less frequently applied for occupation, or if one spouse will likely score higher on the points grid.

The post Federal Skilled Worker Program Is Filling Up Quickly! Are You Affected? first appeared on Bellissimo Law Group.

The Appeal Books (which includes the thousands of pages of evidence the parties are respectively relying upon) are due to be filed at the Federal Court of Appeal by December 20^th, 2013.

The Appellant’s (Our) Legal Arguments (Memoranda) are due at the Federal Court of Appeal by February 28^th, 2014. 

The Respondent’s (Department of Justice) Legal Arguments (Memoranda) are due at the Federal Court of Appeal by April 17^th, 2014.

Thereafter the hearings will be set down likely over several days.

The post Latest Update – Federal Skilled Worker Class Litigation: Federal Court of Appeal first appeared on Bellissimo Law Group.

The post Latest Update – Federal Skilled Worker Class Litigation: Federal Court of Appeal first appeared on Bellissimo Law Group.

We will be in communication with our clients to exchange information, share ideas and to provide specific updates as to the progress of the case directly to respective e-mail addresses.  Please ensure your current e-mail address is on file with our office and if there has been any recent change to your e-mail address to advise our office immediately.

The post Latest Update: Federal Skilled Worker Litigation Appeal first appeared on Bellissimo Law Group.

The Decision

On March 29th, 2012, Citizenship and Immigration Canada (CIC) announced that all applications made to the FSWP before February 28th, 2008 would be eliminated without review. Many applicants wished to challenge this decision, and several hundred added their names to a possible class action lawsuit.

The lawyers representing the applicants argued, among other points, that the decision to eliminate the backlog was in violation of two laws: the Canadian Bill of Rights and Canadian Charter of Rights and Freedoms.

Justice Rennie expressed sympathy for the plight of would-be applicants. In his official decision, he stated that “applicants have waited in the queue for many years only to find the entrance door closed. They see the termination of their hope for a new life in Canada to be an unfair, arbitrary and unnecessary measure.”

Despite his sympathy, his ultimate conclusion was that CIC’s actions were in fact within the bounds of both the Bill of Rights and the Charter. As applications were ‘terminated by operation of law’, the court would not proceed further in challenging the government.

What This Means for Applicants

At present, it appears that the Federal Government intends to continue with its plan to eliminate pre-February 28th, 2008 files. As part of this process, government processing fees will be returned to applicants.

Attorney David Cohen was among the lawyers representing applicants in this legal proceeding. “I am, of course, extremely disappointed in the outcome to date,” he said. “I still feel strongly that the government’s decision to terminate the applications of individuals who waited patiently and played by all the rules is both unethical and immoral. Unfortunately, the Federal Court determined that it was not illegal.”

Applicants whose files are scheduled to be eliminated are not precluded from reapplying for Canadian immigration, if eligible. A revised FSWP will be opening its doors to applicants on May 4th, 2013. In total, there are over 60 programs that can lead to Canadian Permanent Residency.

Room for Appeal

While we are very disappointed with the decision, the Court did certify questions for the Federal Court of Appeal to consider.  We are currently studying the decision and will report back to you next week.

Click here to read the decision.

The post The Decision of the Federal Court on the FSW Backlog Litigation first appeared on Bellissimo Law Group.