29 April 2014 Canada Immigration Alert covers significant news, developments and changes in legislation and policy to keep you informed of the latest issues in Canadian business immigration. For more information on any of the subjects covered, please contact one of the advisors listed at the end of this issue. Updated Permanent Residence caps and occupations lists with express entry on the horizon Citizenship and Immigration Canada (CIC) has announced new annual caps for the Economic Class Permanent Residence (PR) categories, effective 1 May 2014. The new caps will affect the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades Program (FSTP) and the Canadian Experience Class (CEC). These updates to Economic Class PR are in preparation for the Express Entry application management (formerly referred to as the Expression of Interest system), expected to commence in January 2015. Background The FSWP, FSTP and CEC are the three federal Economic PR categories currently accepting applications. Each category targets a different subset of skilled immigrants ready to become economically established in Canada. The FSWP uses a points-based assessment to identify skilled workers based on selection factors; the FSTP targets individuals with skilled trades certifications and experience; and the CEC selects foreign nationals who have accumulated skilled work experience in Canada. FSWP: updated caps and Eligible Occupations List When the new FSWP started receiving applications on 4 May 2013, it had annual caps. Applicants must qualify under one of three streams: arranged employment, occupation list and PhD student/graduate. The occupation list stream contained 24 eligible occupations, each with a 300-application sub-cap, and an overall 5,000 cap. The FSWP only accepted 1,000 applications under PhD student/graduate, while there was no sub-cap for applicants with arranged employment. The annual cap for the occupation list stream of the FSWP will be increasing fivefold to 25,000 applications, running from 1 May 2014 to 30 April 2015. This increase is apparently possible because the historic backlog will finally be eliminated. The sub-cap of each eligible occupation will be increased to 1,000. Conversely, only 500
applications will be accepted under the PhD student/graduate stream. The arranged employment category will continue to have no sub-cap. In addition, the eligible list has doubled to 50 occupations, reflecting areas where there are skill shortages as identified by Employment and Social Development Canada (ESDC) and the provinces and territories. This new list includes 14 occupations from the previous 24. Persons with at least one year of continuous, full-time or equivalent part-time, paid work experience acquired in the last 10 years in any of the following National Occupational Classification (NOC) codes may be eligible to apply under the FSWP starting on 1 May 2014 (new occupations are underlined): 0013 Senior managers financial, communications and other business services 0015 Senior managers trade, broadcasting and other services, n.e.c. 0111 Financial managers 0112 Human resources managers 0113 Purchasing managers 0121 Insurance, real estate and financial brokerage managers 0311 Managers in health care 0711 Construction managers 0712 Home building and renovation managers 0811 Managers in natural resources production and fishing 0911 Manufacturing managers 1111 Financial auditors and accountants 1112 Financial and investment analysts 1113 Securities agents, investment dealers and brokers 1114 Other financial officers 1123 Professional occupations in advertising, marketing and public relations 1212 Supervisors, finance and insurance office workers 1224 Property administrators 2113 Geoscientists and oceanographers 2131 Civil engineers 2132 Mechanical engineers 2133 Electrical and electronics engineers 2145 Petroleum engineers 2171 Information systems analysts and consultants 2172 Database analysts and data administrators 2173 Software engineers and designers 2174 Computer programmers and interactive media developers 2232 Mechanical engineering technologists and technicians 2234 Construction estimators 2241 Electrical and electronics engineering technologists and technicians 2243 Industrial instrument technicians and mechanics 2263 Inspectors in public and environmental health and occupational health and safety 2281 Computer network technicians 3011 Nursing co-ordinators and supervisors 3012 Registered nurses and registered psychiatric nurses 3111 Specialist physicians 3112 General practitioners and family physicians 3132 Dietitians and nutritionists 3141 Audiologists and speech-language pathologists 3142 Physiotherapists 3143 Occupational therapists 3214 Respiratory therapists, clinical perfusionists and cardiopulmonary technologists 3215 Medical radiation technologists 3216 Medical sonographers 3233 Licensed practical nurses 3234 Paramedical occupations 4011 University professors and lecturers 4151 Psychologists 4214 Early childhood educators and assistants 5125 Translators, terminologists and interpreters On the other hand, the following occupations will be dropped from the Eligible Occupations List: 0211 Engineering managers 2134 Chemical engineers 2143 Mining engineers 2144 Geological engineers 2146 Aerospace engineers 2
2147 Computer engineers (except software engineers/designers) 2154 Land surveyors 3211 Medical laboratory technologists 3212 Medical laboratory technicians and pathologists assistants 3217 Cardiology technologists and electrophysiological diagnostic technologists This announcement will come as good news to potential FSWP applicants. As of 23 April 2014, the current cap of 5,000 has nearly been reached, with 4,376 applications received. A number of occupations have also reached their 300 subcap. With the expansion of the occupation list, the major increase to the cap and the changes to the other categories, the FSWP should become an increasingly popular PR category. FSTP: updated caps and Eligible Occupations List The FSTP will also receive an increase to its annual cap. From 1 May 2014 to 30 April 2015, a total of 5,000 applications will be eligible for processing up from 3,000 in the program s inaugural year. The determination of eligible trades has also been simplified. Previously, 17 skilled trade occupations were limited to a sub-cap of 100 per NOC code, while 43 other occupations did not have any sub-caps. Beginning on 1 May 2014, applications can be submitted under the following NOC groups, with a 100 subcap for each NOC code: Major Group 72, Industrial, electrical and construction trades Major Group 73, Maintenance and equipment operation trades Major Group 82, Supervisors and technical occupations in natural resources, agriculture and related production Major Group 92, Processing, manufacturing and utilities supervisors and central control operators Minor Group 632, Chefs and cooks Minor Group 633, Butchers and bakers. The addition of the minor NOC group for chefs and cooks is one of the significant changes to the FSTP. In November 2013, cooks were no longer able to apply under the CEC as six ineligible occupations were introduced. The FSTP may be a new PR avenue for cooks in the upcoming year. CEC: updated caps The current 12,000 annual cap for CEC applications will be reset and reduced on 1 May 2014. A total of 8,000 CEC applications will be eligible for processing between 1 May 2014 and 30 April 2015. The CEC will continue to have a sub-cap of 200 applications for each NOC B occupation. The following six occupations continue to be ineligible for processing under the CEC: 6322 Cooks 6311 Food service supervisors 1221 Administrative officers 1241 Administrative assistants 1311 Accounting technicians and bookkeepers 6211 Retail sales supervisors The 1 May 2014 cap reset will be good for a few NOC B occupations (specifically 1215 Supervisors, supply chain, tracking and scheduling co-ordination occupations, 2282 User support technicians, 2283 Information systems testing technicians, 4214 Early childhood educators and assistants, and 5241 Graphic designers and illustrators) as they were en route to reaching their 200 sub-cap since the November 2013 introduction. However, the new 8,000 sub-cap is not very large. CIC has reported that 6,170 applications of the current 12,000 cap have been received. If this current rate continues as expected, it is possible that the 8,000 CEC cap will be reached before the Express Entry system is introduced in January 2015. Recommendations Prospective PR applicants should review their eligibility to apply under the FSWP, FSTP and CEC. If eligible, applicants should prepare and submit their PR applications as soon as 3
practicable before any of the caps or sub-caps are met. For example: If they are eligible under the new FSWP list of 50 eligible occupations, they may not have to wait to accumulate one year of qualifying experience in Canada under the CEC. Cooks should consider applying under the FSTP before the 100 sub-cap is met. 1215 Supervisors, supply chain, tracking and scheduling co-ordination occupations, 2282 User support technicians, 2283 Information systems testing technicians, 4214 Early childhood educators and assistants, and 5241 Graphic designers and illustrators (including digital artists) are encouraged to apply under the CEC soon because the reset 200 sub-cap will likely fill up quickly like the prior 200 subcap did in 2014. Given the current pressure on the Temporary Foreign Worker Program in Canada and the fouryear cap on certain Work Permit holders, employers should seriously consider converting TFWP employees to Canadian permanent residents. Stay tuned as more information regarding the Express Entry System is unveiled. Learn more For more information on these and other developments, please contact a member of our team in your region. Vancouver Jonathan Leebosh, Partner +1 604 899 3560 jonathan.e.leebosh@ca.ey.com Craig Natsuhara, Associate Partner +1 604 891 8401 craig.k.natsuhara@ca.ey.com Calgary Roxanne Israel, Partner +1 403 206 5086 roxanne.n.israel@ca.ey.com Toronto George Reis, Partner, Practice Leader +1 416 943 2535 george.reis@ca.ey.com Batia Stein, Partner +1 416 943 3593 batia.j.stein@ca.ey.com Jennifer Nees, Manager +1 416 943 2376 jennifer.nees@ca.ey.com 4
About Egan LLP Egan LLP is a Canadian business law firm and limited liability partnership allied with EY in the provision of professional services to clients through multidisciplinary teams. EganLLP.com 2014 Egan LLP. All Rights Reserved. Allied with EY. EYG No. YY3314 This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice. 5