Canada’s hardest-hit economies need immigration to thrive again: Moffat

Mike Moffat on the need to remove the need for a Labour Market Impact Assessment for graduates of Canadian universities in Express Entry point scoring (another issue is to restored pre-Permanent Resident credit towards citizenship residency requirements for international students as was done prior to the 2014 changes in the Citizenship Act):

So how can London, Windsor, St. Catharines et. al. increase their population of talented twentysomethings? The region does an excellent job of importing talent as our institutes of higher education are worldwide magnets for young achievers. In London, Western and Fanshawe bring in some of the most gifted students in the world, teach them skills highly in demand in the region while they become familiar with Canadian culture. We then allow these graduates to stay in the country for a period of up to three years via Canada’sPost-Graduation Work Permit Program(PGWPP); tech companies Darren Meister, Kadie Ward and I interviewed in London told me how incredibly valuable these workers are.

They also told us that, despite these workers having graduated in Canada and being in the country around seven years, the Federal government makes it difficult (and some cases impossible) to keep them in the country. They are sent back home, and London has fewer talented young workers.

The issue stems, in part, from year-old changes to Canada’s express entry system which makes it impossible for someone in the PGWPP program to gain express entry without a Labour Market Impact Assessment, as chronicled by Nicholas Keung:

“The problem, which the federal government denies, lies in the significance given to a certificate called the Labour Market Impact Assessment (LMIA). It is issued by Ottawa to ensure a candidate’s skills are sufficiently in demand to warrant hiring an immigrant.

Ottawa says applicants for Express Entry, such as international graduates, do not need an LMIA to qualify. But Express Entry acceptance is based on a point system and it’s not possible to earn enough points without an LMIA, immigration experts say.

“The new system is flawed,” said Toronto immigration lawyer Shoshana Green. “We want people who went to school and have work experience in Canada. These people are already fully integrated. And now we are ignoring them. It is just bizarre.””

The process to obtain a LMIA is arduous for smaller growth companies, and navigating it can be difficult, as immigration lawyerRonalee Carey describes:

“Last month I sent a young woman back to Japan. She’d come to Canada as an international student first to finish high school, then to attend Sheridan College in their Animation Program. Her employer consulted me after their Labour Market Impact Assessment (LMIA), because her position was denied. They had been paying her the median wage for Ontario, as opposed to Ottawa, which was slightly higher. Meanwhile, they had no idea there were median wages specific to Ottawa. They offered her a raise and resubmitted the LMIA application.”

But it was too late.

The young woman had been working on a post-graduate work permit. It had expired, and she’d applied for an extension. However, a positive LMIA was required for the extension. Ultimately, her work permit application was denied, because the new LMIA application had not yet been processed.

And so on the plane she went.

These stories are all too common according to the tech firms I have spoken to. In order to obtain an LMIA, one must prove to the federal government that “there is a need for the foreign worker to fill the job you are offering and that there is no Canadian worker available to do the job.” Not only does this place a large burden on growth companies to convince a bureaucrat about the lack of Canadians for the position, it is also completely counterproductive for communities where there is a desperate need for young talent. Furthermore, it may be impossible for these companies to prove this point to the government’s satisfaction. As immigration lawyer Evan Green asked the Globe and Mail, “…how do you prove for someone with [little] work experience that there is no Canadian to do the job?”

Southwestern Ontario is desperate for economic growth from startups. Startups are desperate for these talented workers. These workers are desperate to stay in Canada. Yet we are kicking them out. It makes absolutely no sense. If the federal government truly wants to help London and the rest of southwestern Ontario, the place to start is to recognize the region needs talented young people and to reform the Express Entry system to allow us to keep more of our graduates.

Source: Canada’s hardest-hit economies need immigration to thrive again

New rules make it ‘nearly impossible’ for employers to keep foreign graduates on staff

The Liberal government will likely look at this issue as part of reviewing the overall Express Entry point system, along additional points for family siblings and restoration of pre-Permanent Resident time credit:

When Jorge Amigo chose to come to Canada for university, he hadn’t expected to want to spend his life here.

“My decision to come here as a student had nothing to do with immigration,” says Mr. Amigo, 33, who’s from Mexico City. “But after living here for a few months, I realized I loved this place and I wanted to stay.”

Before Ottawa’s points-based Express Entry system was introduced on Jan. 1, international students with a year of Canadian skilled work experience were almost guaranteed to stay by getting permanent residency under the Canadian Experience Class (CEC). But with the change, Mr. Amigo – who has bachelor’s and master’s degrees from the University of British Columbia, an impressive post-graduate résumé and a job with a booming Vancouver-based tech company – fears he may have to leave when his work permit expires in June.

With the new system, it’s nearly impossible for most international student graduates such as Mr. Amigo to get permanent residency under Express Entry – unless their employers can prove that no Canadians can do the job, immigration lawyers say.

“Tens of thousands of students are now heartbroken, stressed and don’t know what to do with their lives because they were misled by the government,” says Vancouver immigration lawyer Zool Suleman. “Employers are looking to lose a group of well-educated students who would be a benefit to the labour market.”

The online system, intended to eliminate a massive backlog of immigration applications from outside of Canada, now makes students compete in a points-based system with everyone else trying to get permanent residency.

“They shouldn’t have included [the CEC] in the Express Entry system because there never was a backlog with it – they never even met their quotas,” says Matthew Jeffrey, an immigration lawyer in Toronto. “These are the ideal immigrants because they’re educated in Canada and they have skilled work experience in Canada and they usually still have that job – they hit the ground running.”

Under Express Entry, applicants get points for education, age, work experience and their skills in English and French. If an applicant’s points are over the minimum score set by the government, they’re invited in.

“The problem for people who came in as students is they can’t rank very highly in the pool,” Mr. Jeffery says, a Toronto immigration lawyer. “They’re young and they only have a year or two of work experience, so their score from the beginning is going to be low.”

Source: New rules make it ‘nearly impossible’ for employers to keep foreign graduates on staff – The Globe and Mail

U.K. immigration crackdown could hit 6,000 Canadian students

Strange – the worry about fraud undermines a pathway to skilled immigrants (cancellation of pre-Permanent Resident credit in Canada towards citizenship residency requirements, while not as strong as UK measures, will likely reduce attractiveness of Canada as a destination):

British Home Secretary Theresa May has announced a wave of changes to the United Kingdom’s immigration rules, effective in November, that target international students.

The aim is to curb what the government calls an increase in visa fraud by students who arrive on a study permit and enter the job market instead, thereby bypassing the strict requirements needed to obtain a legal work visa.

It’s the latest in a series of crackdowns by Prime Minister David Cameron’s government, which has promised to reduce annual net migration to the U.K. from “hundreds of thousands to tens of thousands.”

The U.K. is one of the most popular places for Canadians to study abroad, second only to the U.S. For the 2013-14 academic year, there were more than 6,000 Canadian students enrolled at higher education institutions in the U.K., a three per cent increase from 2012, according to Britain’s Higher Education Statistics Agency.

Like Hirschy, many of these students hope to stay and work, but the new legislation will make this more difficult.

U.K. immigration crackdown could hit 6,000 Canadian students – Canada – CBC News.

Foreign students left behind in new Express Entry immigration program | Toronto Star

Oversight or by design? Metropolis Panel on Temporary Foreign Workers March 27 will have opportunity to discuss:

International graduates from Canadian universities and colleges say Ottawa’s new skilled immigration system actually hinders their access to permanent residency instead of promoting it.

The scholars say their once-prized assets — Canadian education credentials and post-graduate work experience — have little to no value under the new Express Entry program, which came into effect Jan. 1.

The problem, which the federal government denies, lies in the significance given to a certificate called the Labour Market Impact Assessment (LMIA). It is issued by Ottawa to ensure a candidate’s skills are sufficiently in demand to warrant hiring an immigrant.

Ottawa says applicants for Express Entry, such as international graduates, do not need an LMIA to qualify. But Express Entry acceptance is based on a point system and it’s not possible to earn enough points without an LMIA, immigration experts say.

“The new system is flawed,” said Toronto immigration lawyer Shoshana Green. “We want people who went to school and have work experience in Canada. These people are already fully integrated. And now we are ignoring them. It is just bizarre.”

Under the Express Entry system, an applicant may earn a maximum of 1,200 points. An LMIA automatically earns applicants 600 points. The other 600 possible points are awarded for personal attributes such as education, language skills and work experience.

How many points does it take to qualify for Express Entry? It changes. So far it has been as high as 886, and has dropped to 735 points. Regardless, the qualifying level is more than 600, so an LMIA is necessary.

Foreign students left behind in new Express Entry immigration program | Toronto Star.

Also covered in the Globe:

International students in limbo under immigration system changes – The Globe and Mail

New immigration rules risk leaving international students behind

Curious and wonder what the rationale was:

“Students are the worst done by in this Express Entry system because, how do you prove for someone with [little] work experience that there is no Canadian to do the job?” said Evan Green, a partner and immigration lawyer at Green and Spiegel LLP in Toronto.

Students are still able to apply for permanent residence through other avenues, such as provincial nominee programs (PNP), which prioritize applications from international students with Canadian postsecondary credentials and professional work experience. The majority of Ontario’s 2,500 PNP spots are filled by international students, for example.

But tens of thousands of students have stayed in Canada as a result of the federal program, and those spots cannot be transferred to the provinces without negotiations.

The changes to how applications from those eligible under the Canadian Experience Class would be processed were announced last winter but the exact details were only released by Citizenship and Immigration Minister Chris Alexander in early December.

“This is a radical move that is devastating to international students that relied on policies that were put into place by this government to help post-graduate international students transition to permanent residence, based on their findings that these were the best people to adapt to life in Canada,” said Robin Seligman, a Toronto-based lawyer who has international student clients.

Along with removing credit for students for pre-permanent residency time for citizenship, likely reduces the attractiveness of Canada compared to other jurisdictions.

New immigration rules risk leaving international students behind – The Globe and Mail.

Changing citizenship rule could hurt Canada’s efforts to woo foreign students: observers

Ironic, as the Government has been innovative in attracting foreign students through new categories like the Canadian Experience Class, that no longer counting time as a non-permanent resident student is part of the proposed Citizenship Act revisions. Unclear whether this will have much direct impact on recruitment efforts for international students but that is the fear:

The change is raising some eyebrows as it creates a potential hurdle for those who typically make well-integrated, sought-after immigrants.

“Increasingly international students are seen as a fabulous talent pool for Canada, they’re golden immigrants,” said Jennifer Humphries, a vice-president at the Canadian Bureau for International Education.

“They can be huge contributors to the Canadian society, Canadian economy. If we create roadblocks to them, what will happen could mean that they could get their education in Canada and end up going to work in the U.S.”

Changing citizenship rule could hurt Canada’s efforts to woo foreign students: observers – Canada, Need to know, News & Politics – Macleans.ca.