On 16 November 2022, IRCC switched from the old 2016 NOC to the new version of 2021 NOC, which will be used for all applicants across the board and have an impact on the permanent residence applicants who are processed under the Express Entry (EE) system. 

The new 2021 NOC, prepared by Employment and Social Development Canada (ESDC) and Statistics Canada, takes into consideration the changes taking place in the labour sector and it involves a deep analysis of all the market factors, research and analysis over a few years, consultations with occupation specialists, public and employers. 

NOC determines the eligibility criteria under IRCC’s temporary and permanent residency programs. The 2016 NOC that was used by IRCC until 16 November 2022 was structured at 5 levels: 0, A, B, C and D and had 4-digit codes.  

The previous NOC system allowed applicants for permanent residence (PR) (EE programs), to choose their NOC level from 3 categories: 0 (zero – managerial), A (professionals) or B (college/trades educated).  NOC C and/or D applicants were eligible through one of the Provincial Nominee Programs (PNP) streams, run by each province.  

The 2021 NOC is structured with 6 teers, that represent the training, education, experience and responsibilities needed to work in those occupations – and has a 5-digit code; 

Equivalency between the two NOC systems is below. 

Due to the re-assignment of the NOC codes, 16 occupations that previously were not eligible for PR under the Express Entry, are now eligible as the NOC code is now at Teer 2 or 3, instead of the equivalent of NOC level C or D as they were classified before. The 16 occupations that qualify now for EE under the new NOC: 

• payroll administrators (previously in 2016, NOC 1432, current NOC 13102 teer 3); 
• dental assistants and dental laboratory assistants (NOC 3411 vs Teer 3 NOC 33100); 
• nurse aides, orderlies and patient service associates 
• pharmacy technical assistants and pharmacy assistants 
• elementary and secondary school teacher assistants 
• sheriffs and bailiffs 
• correctional service officers 
• by-law enforcement and other regulatory officers 
• estheticians, electrologists and related occupations 
• residential and commercial installers and servicers 
• pest controllers and fumigators 
• other repairers and servicers 
• transport truck drivers 
• bus drivers, subway operators and other transit operators 
• heavy equipment operators 
• aircraft assemblers and aircraft assembly inspectors 

Three previously eligible occupations became ineligible under the new 2021 NOC: 

• Other performers 
• Program leaders and instructors in recreation, sport, and fitness
• Tailors, dressmakers, furriers, and milliners 

The new NOC creates 16 more unit groups than the previous 2016 NOC system and some occupations have been split according to the duties performed in new coded occupations. One must check the duties in detail to establish their correct NOC code under the new system.  

If you need any help with establishing your NOC code, please feel free to contact us. 

Thank you. 

The post National Occupational Classification (NOC) 2021: What you Need to Know  first appeared on Bellissimo Law Group.

For more information on Express Entry, please click here.

If you would like to discuss your eligibility with a member from our legal team, please click here.

The post Express Entry Draw #229 Results: 2,250 Invitations Issued on August 17, 2022 first appeared on Bellissimo Law Group.

The first question we often hear when approached by a client who has had their sponsorship application refused is “why?” To understand what may have gone wrong, one area of the law to review is section 4(1) of the Immigration and Refugee Protection Regulations (Regulations):

4(1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership…
(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act;
or
(b) is not genuine.

Although there are a variety of reasons that sponsorships can be refused by Immigration, Refugees and Citizenship Canada (IRCC), this is a common reason – IRCC is simply not convinced that the relationship is genuine and was entered into only for immigration purposes.

It is important to keep in mind that section 4(1) of the Regulations is two-pronged, meaning that IRCC has to be convinced that the relationship is both genuine and was not entered into primarily for immigration benefit. This means that even if IRCC believes that a marriage has become truly genuine over time, the application can still be refused if at the time the couple married, the primary reasons for doing so was to get the sponsored spouse, or applicant, status in Canada.

So, if you do end up with a refusal on this basis, what can be done? If it was an overseas application, then the sponsor may appeal the refusal to the Immigration Appeal Division (IAD). The first step is to file a Notice of Appeal within 30 days of receiving the refusal. This begins the appeal process, which eventually leads to a hearing before the IAD. This appeal is a de novo process, meaning that the Board Member of the IAD who decides the appeal can consider new evidence and testimony. Through the appeal process, IRCC provides the Appeal Record, which should contain a complete copy of the file including all of the forms and supporting evidence filed before the application was refused, the refusal decision itself as well as the Officer’s notes containing the reasons the application was refused. The sponsor, who is the appellant during the appeal process, and the applicant seeking to come to Canada, both have the opportunity to answer questions about their relationship, attempting to convince the IAD Member that the relationship is genuine and was entered into for legitimate reasons. Additional documentary evidence is also filed in advance of the hearing to further substantiate the relationship.

Currently, it can take anywhere from a few months to over a year for a hearing to be scheduled for the appeal. Though with the shift to online hearings, the process can sometimes move quicker as hearings can, in certain circumstances, be scheduled sooner or early resolution can be explored earlier. Luckily, experienced counsel can help you determine if there might be options for early resolution in your case.

If your application was filed in-Canada, or depending on the reason for refusal and where certain inadmissibilities may be involved, then there is no access to the IAD. In this case, you may challenge the refusal to the Federal Court of Canada, which has a more limited jurisdiction and cannot consider new evidence (such as additional proof of the relationship or testimony of the partners in IAD appeals).

Although the refusal of a spousal sponsorship is undoubtedly a major upset, it is important to remember that there may be ways to challenge a negative decision. A representative who regularly handles appeals and court challenges can help you understand why your application was refused and determine the best way forward for you and your family. If your application has been refused and you have questions about the options available to you, feel free to schedule a consultation with our office.

The post My Spousal Sponsorship Application Has Been Refused – Now What? first appeared on Bellissimo Law Group.

For more information on Success Stories, please click here.

To book your consultation, please click here.

The post This Week’s Success Story: In Canada Class Sponsorship Application Was Approved in Record Time first appeared on Bellissimo Law Group.

Through Bill 9, the Government of Quebec announced earlier this month its intention to cancel 18,000 applications for permanent residence from its Quebec Skilled Worker Program (QSWP), citing backlog as the primary reason. These applications are from the first-come first-served immigration system which existed prior to the arrival of the expression of interest scheme (similar to the federal version) in August 2018. The new system, accessed through the “Arrima” portal, allows MIDI to match applicants with employment needs in various regions of the province and send invitations to apply for a CSQ accordingly.

Applicants will be refunded their processing fees of $1000, a move that is expected to cost the province approximately $19 million. Needless to say, this decision has been controversial.

However, this strategy is not unprecedented; in 2012, the Government of Canada expressed its intent through Bill C-38 to eliminate the backlog in the Federal Skilled Worker Program (FSWP). As a result, FSW applications submitted before February 27, 2012 for which a decision had not been rendered by March 29, 2012 were eliminated. Approximately 300,000 applications were returned and refunded in this exercise.

There are multiple benefits to this strategy, primary among which is that it is expected to reduce waiting times under the QSWP to around 6 months. As stated by MIDI, some applications have been sitting for more than 3 years. The adverse effect from the returned applications is minimized because those applicants can simply re-apply under the new Arrima system, and may benefit from reduced wait times. Additionally, in theory the province will be able to match applicants with the employment needs of the province, addressing an economic need and ensuring applicants have a higher chance of becoming employed in their field quickly.

However, on the other hand, while cancelled applicants can re-apply under Arrima, they will incur additional costs for a new application, such as legal representation, translation services (if applicable), document notarization, etc. They may also need to re-take language evaluations if they are no longer valid or if higher scores are required. Furthermore, there may be an issue of work experience that may no longer be valid, which may prevent applicants from receiving an invitation under the new system. Finally, there are the issues of fairness with regards to applicants who planned for their life in Quebec believing that their applications were well underway, making investments into their future in Quebec such as buying a house, who suddenly find themselves in limbo.

As of February 20, 2019, the Quebec Association of Immigration Lawyers (AQAADI) has reportedly filed an injunction against MIDI in the name of a Korean woman, Seeun Park, to stop the implementation of this policy and resume processing older applications. The hearing is to take place on Friday, February 22, 2019.

(Sources)

The post Quebec Poised to Cancel 18,000 QSWP Applications first appeared on Bellissimo Law Group.

On the other hand, rural communities have fewer aggregate jobs available, but there is less competition, due to factors such as a lack of awareness and unfamiliarity with the community. This has resulted in many lucrative positions remaining vacant. As a result, the Government of Canada announced the creation of the Rural and Northern Immigrant Pilot on 24 January 2019. It will be a five-year pilot program aimed at increasing the number of immigrants settling in rural communities. It will provide immigrants with employment opportunities and communities with a labour force to grow the local economy. This initiative was implemented based off the success of the Atlantic Immigration Pilot, which boosted immigration in the Atlantic Canada region.

Interested communities must coordinate with their local economic development organization (EDO), which will complete and submit the application on behalf of the community. The application consists of a Community Interest Form, an economic development plan written in the last 3 years, and letters of support from a municipal leader as well as a local or regional immigrant-serving organization. If the community is selected, the EDO will manage the program for the community.

In order to be eligible, communities must:

• Have a population of 50,000 people or less and be located at least 75km from the core of a Census Metropolitan Area, as defined by Statistics Canada OR up to 200,000 people and be considered remote from other larger cities, as per Statistics Canada’s remoteness index;
• Be located in Alberta, British Columbia, Manitoba, Northwest Territories, Nunavut, Ontario, Saskatchewan, or Yukon;
• Have job opportunities;
• Have an economic development plan;
• Have a local economic development organization that can manage the pilot for the community;
• Be able to settle new immigrants in the community by having or developing:
  1. Relationships with local or regional immigrant-serving organizations;
  2. Opportunities to connect newcomers with established members of the community, such as through mentoring or networking;
  3. Access to key services like education, housing, transportation and health care;
• The community must also have the support of its municipality and a local/regional immigrant-serving organizations, shown through letters of support.

For the initial launch of the program, IRCC will select a small number of communities from the applications received. There seems to be a preference for francophone communities, as suggested by an explicit invitation for such communities to apply and identify themselves as francophone on their applications. Furthermore, one of the selection criteria states that decision makers will consider if communities are able to attract and integrate French-speaking newcomers. This is in line with the Action Plan announced by the Government of Canada in March 2018 to increase francophone immigration to Canada.

If selected, the community will play a lead role in the successful implementation and management of the program (via the EDO), with the Government of Canada playing a supporting role. The community would first need to recruit and identify individuals who would be valuable for the local economy. These individuals would then be recommended for permanent residence. If permanent residence is granted, the community would need to provide services for these individuals to adjust to their new lives in Canada. Finally, monitoring the results of the program will be key, to provide feedback to the Government of Canada on its long-term feasibility. To accomplish all this, a community’s EDO will need to work with employers, immigrant-serving organizations, and other key stakeholders.

The deadline to apply for this application is 1 March 2019 by 11:59 pm PST. Applications can be submitted via e-mail or physical mail.

For more information please contact us.

(Sources)

The post Immigration in Rural Communities the Focus of IRCC’s New Pilot Program first appeared on Bellissimo Law Group.

 2. Parental Sponsorships will no longer be lottery based but again “first come, first ” 20,000 applications will be accepted.  The interest to sponsor form will be available at noon EST on January 28, 2019.

To learn more about parental sponsorships click here.

3. Biometrics  were introduced effective July 31^st 2018 in the Europe, Middle East and Africa region and now introduced in December 31^st 2018 for Asia, Asia Pacific and American region, for all persons between 14 to 79 years of age who are:

• applying for a Temporary Resident Visa, Temporary Resident Permit, work permits or study permits (except American citizens)
• claiming refugee protection
• applying for permanent residence
• renewing permanent residence (PR) Cards for persons who were under 14 when they obtained their initial PR Card
• Once the Biometric fee is paid, applicants await instructions from IRCC

4. Medical inadmissibility – In June 2018 IRCC implemented a temporary public policy tripling the excessive demand threshold for medical inadmissibility costs from $6,604.00 to $6,839.00 respectively to 3 times that average $19,812 to $20,517 in 2019. IRCC also removed special education services, social and vocational rehabilitation services and personal support services as social service costs that would factor into a medical inadmissibility assessment.

To learn more about medical inadmissibility click here.

5. Beware… American Citizens whom are permanent residents of Canada may now require their PR Card to board an airplane destined for In many instances US citizens travelling to Canada are now required to scan their US passports and are asked the question (through the scanning device) “Are you a permanent resident of Canada?” Answering yes will result in the denial of a boarding pass in the absence of a PR card or permanent resident travel document.

To learn more about permanent residency cards click here.

The next five updates in Part II will address – Impaired Driving Now Constitutes Serious Criminality, Improved processing times, Changes to Visa Application Centres and short term work permit exemptions.

Thank you for reading.

For more information please contact us.

The post 10 Important Updates in Canadian Immigration Law, Policy and Processing Part I first appeared on Bellissimo Law Group.

The first step in the process is to provide some basic information on the interest to sponsor form. This online form will become available on Monday, 28 January 2019 at 12 p.m. EST. Those interested in sponsoring a parent or grandparent should mark this date in their calendars and aim to complete the form early next week because Immigration, Refugees and Citizenship Canada (IRCC) has not indicated how long the form will be available. IRCC has only stated that it “will remain available on IRCC’s website until we receive a specific number of complete interest to sponsor forms”[1].

After the window to submit this form closes, IRCC will invite potential sponsors to submit an application in the order that the interest to sponsor form was received. This is a notable change from last year when invitations were issued through a lottery system. Potential sponsors who receive an invitation to apply this year will have 60 calendar days to submit a complete application to IRCC. According to IRCC, this year a maximum of 20,000 completed applications to sponsor parents or grandparents will be accepted. The average processing time for these applications is expected to be two years.

It is important to note that only Canadian citizens, permanent residents or persons registered under the Indian Act (in Canada) may be eligible to sponsor their parent or grandparent. Sponsors must also be at least 18 years old and meet the necessary minimum income requirements for the last three years. A sponsor with a family of four (including the sponsor), for instance, must provide Notices of Assessment from Canada Revenue Agency showing income of at least $60,271 in 2018, $59,426 in 2017 and $58,768 in 2016.[2] Potential sponsors may wish to have a co-signer to meet these financial requirements. Individuals residing in Quebec, must meet additional requirements.[3]

Several other requirements apply. For example, sponsors cannot be in detention, under a removal order, convicted of certain criminal offences or receiving social assistance unless it is for a disability.[4]

An additional consideration for potential sponsors is the processing fee of $1,040. This sum includes a $75 sponsorship fee, $475 principal applicant processing fee and a right of permanent residence fee of $490. (Although the right of permanent residence fee is not required at the time the application is submitted.)  Additional fees may apply if biometrics (fingerprints and a photo) are required or if the parent or grandparent has an accompanying dependent child.

As the opportunity to sponsor a parent and grandparent approaches, interested individuals should take the necessary steps to familiarize themselves with the requirements and process.

For more information on Sponsorship of Parents and Grandparents, please contact us.

(Sources)

The post Are You Interested in Permanent Residence for Your Parents or Grandparents? first appeared on Bellissimo Law Group.

The sponsors were really desperate and did not know what to do, because, according to their account, they had provided the requested documents on time, not once, but twice.

The sponsors and applicants retained our firm to help them with the application. We reviewed all the documents and realized that IRCC made a mistake in refusing the application, as the documents were submitted to them.

We wrote a reconsideration letter to the visa office, supported by the evidence we gathered that in fact the documents had been submitted and the acknowledgments of receipt were sent to the applicants.

Within a few days, the visa office wrote to us that they would re-open the file and continue processing the application. At the same time, they requested additional documents. The clients were very happy about the outcome of their case.

The post This Week’s Success Story: Parental Sponsorship Refused in Error first appeared on Bellissimo Law Group.

The post This Week’s Success Story: Medical Admissibility Case Approved After 4.5 Years! first appeared on Bellissimo Law Group.