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Immigration Minister Announces Consultations for a Canadian Start-Up Visa Program

On April 18, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney launched consultations on the possible creation of a new program to attract immigrant entrepreneurs. Citizenship and Immigration Canada (“CIC”) will consult with industry associations in the development of a “start-up” visa program for innovative entrepreneurs in the coming months.

Government of Canada to Cancel Federal Skilled Worker Cases Filed Prior to 2008

During his 2012 Budget Speech, Canada’s Minister of Finance announced that, in an effort to deal with the backlog of pending Federal Skilled Worker ("FSW") cases, the Government would enact legislation to cancel all applications filed prior to February 27, 2008. This is proposed legislation only, but if passed it will be retroactive to March 29, 2012.

CIC Announces Language Testing Requirements for Certain PNP Applicants

On April 11, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced changes to Canada's Provincial Nominee Programs ("PNPs").

Proposed Changes to Assessment of Academic Credentials of Federal Skilled Workers Applying for Permanent Residence in Canada

Another proposed change to Canada’s Immigration System was announced on March 28, 2012 by Citizenship, Immigration and Multiculturalism Minister Jason Kenney. This change pertains to the assessment of educational credentials of Federal Skilled Workers applying for Permanent Residence in Canada.

Canadian Experience Class: Proposal to Reduce Work Experience Requirement to One Year

We have recently seen a flurry of announcements from Citizenship, Immigration and Multiculturalism Minister, Jason Kenney, detailing changes and proposed changes to Canada’s immigration system. The Government has stated that these changes are part of an overall effort to make Canada’s immigration system more flexible and more responsive to Canada’s labour market needs.

The Quebec Ministry of Immigration and Cultural Communities Will Restrict Certificate of Selection Applicants

On March 20, 2012, the Quebec Minister of Finance presented his speech on the 2012-2013 Budget. During the speech, he announced that an omnibus bill containing modifications to Quebec’s immigration program would be proposed shortly. Although it is a proposed bill, once enacted the immigration provisions will be retroactive to March 20, 2012.Therefore, these changes should be treated as if they are already in force.

CIC Proposes Conditional Permanent Residence to Discourage Marriage Fraud

On March 9, 2012, Jason Kenney, the Minister of Citizenship, Immigration and Multiculturalism, announced additional measures to discourage marriage fraud. The proposed regulatory change was published in the Canada Gazette on March 10, 2012, and is available here.

CIC Imposes Five-Year Waiting Period for Sponsored Spouses and Common-Law Partners

On March 2, 2012, the Government of Canada announced a regulatory change that now requires sponsored spouses or common-law partners to wait five years, from the day that they are granted permanent residence status in Canada, before they can sponsor a new spouse or partner. The objective of this change is to discourage immigration fraud in spouse/common-law partner family class cases.

CIC's Come to Canada Wizard Helps to Assess Immigration Eligibility

Approximately seven months ago, Citizenship and Immigration Canada ("CIC") launched its Come to Canada Wizard (the "Wizard"). According to CIC, the Wizard has recorded more than 750,000 visits since its launch. CIC also claims that close to 90% of users who tried the Wizard said that they would recommend it to someone they know.

Canada Enforces Economic Sanctions Against Iranian Immigrant Investors

On November 22, 2011, in response to an assessment of Iran’s nuclear program by the International Atomic Energy Agency ("IAEA"), Canada imposed new sanctions under the Special Economic Measures Act, S.C. 1992, c. 17 ("SEMA").

Canadian Experience Class Applications to be Filed with the Central Intake Office

On December 30, 2011, Citizenship and Immigration Canada ("CIC") published Operational Bulletin 368 ("OB 368"). According to OB 368, all Canadian Experience Class ("CEC") applications must now be submitted to the Centralized Intake Office ("CIO") in Sydney, Nova Scotia. This change became effective on January 1, 2012.

CIC Provides Guidance on Concurrent Filing of Work Permit Extensions Without an Approved LMO or CAQ

Citizenship and Immigration Canada ("CIC") has been providing guidance to foreign nationals seeking extensions of their work permits through the Case Processing Centre in Vegreville, Alberta ("CPC Vegreville"), while these foreign nationals wait for a Labour Market Opinion ("LMO") or a Certificat d’acceptation du Québec ("CAQ") to be approved.

Citizenship and Immigration Canada Now Allows Recaptured Time for Intracompany Transferees

On September 19, 2011, Citizenship and Immigration Canada (“CIC”) published Operational Bulletin 346, which authorized the recapture of unused time that would otherwise count against the time limits that are normally imposed on foreign nationals working in Canada as intracompany transferees.

Citizenship and Immigration Canada Announces Excessive Demand Cost Threshold for 2012

Introduction

On December 30, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 373. Operational Bulletin 373 provides additional information relating to the Excessive Demand Cost Threshold (the “Demand Threshold”) for 2012, which became effective on December 1, 2011.

United States Citizenship and Immigration Proposes Regulatory Change to Permit Processing of Unlawful Presence Waivers

On January 6, 2012, the Department of Homeland Security (“DHS”) announced that it was proposing a regulatory change that would allow spouses and children of U.S. citizens, who are in the United States but need an immigrant waiver of the unlawful presence bar, to apply for the waiver within the United States. On January 9, 2012, DHS published a Notice of Intent relating to these proposed changes, in the Federal Register.