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Immigration

Changes in Canadian law part 2

SKILLED WORKERS

At the same time: preference should be given to generalist specialists with practical work experience;

- when reviewing documents, it is proposed to consider unofficial job offers from family and small businesses. The applicant does not receive the required 10 points (existing job), but receives additional points for ability to adapt to life in Canada;

- immigration officers retain the right to increase the number of points based on the officer's belief that the applicant's potential is higher than stated;

- to prevent stagnation of the Canadian labor market, compile a list of occupations not in demand in Canada.

INVESTORS AND ENTREPRENEURS

First of all, the bill defines the concepts of investor and entrepreneur. An investor must: - have business experience; - the value of his business must be at least 800,000 dollars; - in a written statement to the minister, he must provide evidence that he has already invested funds in the Canadian economy. He must also provide such evidence to an immigration officer.

An entrepreneur must: - have business experience; - the value of his business is estimated at least 300,000 dollars; - in a written statement to the minister, he must provide evidence that he will actively participate in the management of a Canadian enterprise for at least 1 year; at the enterprise, at least one position will be created for one or more Canadian citizens or permanent residents of Canada, excluding his family members and dependents. All this must be done no later than 3 years after his entry into Canada. He must also provide such evidence to an immigration officer; - if the entrepreneur cannot fulfill the requirements set forth in the previous paragraph, he must enter into an agreement with a government financial institution for an irrevocable letter of credit, and in this case that institution undertakes to make investments on behalf of the entrepreneur.

These amendments should contribute to a more objective assessment of potential immigrants in terms of their ability to create a successful business in Canada.

The new bill emphasizes that the same criteria must be used to assess business experience for the categories of "investor" and "entrepreneur." (Entrepreneurs are required to prove ownership or management experience of a business.) It is proposed to eliminate the existing provision that an investor must create enterprises solely on his own, and accordingly allow the inclusion of the spouse's property when valuing the business.

If entrepreneurs are unable to create a business in Canada, they have the right to invest funds in a special investment immigration program after two years of residence in Canada.

SELF-EMPLOYED PROFESSIONALS

To improve the selection process for potential immigrants, a new definition of this category is introduced. Now this definition includes not only persons who can make a significant contribution to the arts and culture, but also farmers and world-class athletes.

It is proposed to assess this category using the same criteria as for economic category immigrants.

The innovations will, first, highlight the importance of the social and cultural potential of new immigrants, and second, eliminate abuses that arise when assessing potential immigrants.

TEMPORARY FOREIGN WORKERS IN CANADA

To attract and retain employment of temporary foreign workers, the bill proposes allowing temporary workers employed full-time to apply for immigration and undergo immigration without leaving Canada. The same provision applies to university graduates whose knowledge and work experience are needed by the Canadian labor market.

To enhance Canada's competitiveness in the global market by attracting highly skilled workers, it is also proposed to issue work permits to the spouses of temporary foreign workers, excluding seasonal workers and diplomats.

REFUGEES

When reviewing applications for this category, it should be taken into account that refugee protection is a top priority of Canadian immigration policy. In this regard, it is proposed to ensure prompt entry into Canada for those persons who need immediate protection.

The bill proposes to establish two classes of refugees: "Convention" and "Humanitarian." At the same time, the humanitarian program is expanded, as restrictions such as a list of countries whose citizens fall under this category are removed. In addition, the need for sponsorship under the humanitarian class of refugees is eliminated.

Special attention is paid to expediting the process of family reunification for refugees. This provision applies to refugees who arrived in Canada under the humanitarian program without spouses, children, or common-law partners. If the applicant is issued a permanent residence permit, his immediate relatives can enter the country within one year. In addition, it is proposed to eliminate the need for sponsorship of immediate relatives for this immigration category. Moreover, these categories of refugees cannot be denied entry on medical grounds.

WAITING PERIOD FOR RESIDENCE PERMIT IN CANADA FOR THE CATEGORY OF REFUGEES WITHOUT DOCUMENTS

The new bill proposes to reduce the waiting period for a residence permit in Canada from 5 to 3 years for those refugees who do not have identification documents and cannot obtain them from their previous country of residence for reasons beyond their control.

DOCUMENT VERIFICATION

Section 17 of the new bill introduces new document verification rules that combine the procedure for applying for entry into Canada, obtaining a visa abroad, and extending or changing the category and validity period of a visa.

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