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IMMIGRATION LAW

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THE CANADIAN GOVERNMENT WANTS 400,000 IMMIGRANTS EACH YEAR! IT WANTS 700,000 AS SOON AS POSSIBLE. That is the good news. The bad news is that the Immigration Department is always under-funded and it usually does not reach its annual target. Understaffing also means most applications for Canadian permanent residency take a long time

Why emigrate to Canada? Canada was the last major country to enter the 2008 recession and is the first nation to exit it. While other Western nations are raising taxes to cover their economic stimulus expenditures, Canada is at the lowest level of federal taxes (individual and corporate) since 1960. Some US corporations are establishing operations here. (My father has 40 years of award-winning industrial development expertise and can asssist.) We have free health care and lower pharmaceutical prices than in the USA. Excellent universities and colleges, including the University of Waterloo (about an hour West of Toronto) where the Blackberry was developed. Another reason: Many of my US clients (and some from the UK or other Commonwealth countries) have been living here illegally for many years and now want to regularize their status by being sponsored by their Canadian spouses.

AMERICAN PARENTS – Protect your children from gun massacres, get free health care, good public schools, multiculturalism. Move to Canada - gun control, better economy, 15% corporate tax rates.  Email immigration lawyer/sociology PhD randanalysis@gmail.com for lengthy questionnaire. Fill it out, send $150 for analysis as to best methods of gaining Cdn residency. ($150 credit if you later hire me.) 90% of Canadians live an hour from the US border. You get to keep your US citizenship. There is a Canada-US tax treaty (prevents double taxation) and a Canada-US treaty on social security. Click here to skip down to read "16 reasons to move to Canada".

IMMIGRATION QUESTIONNAIRE: For the convenience of US clients we have a US mailing address so you do not need to worry about extra postage to Canada or about converting US checks or cash into Canadian money. If you are living outside Canada and YOU ARE SERIOUSLY CONSIDERING MOVING TO CANADA, OR COMING TO WORK OR STUDY IN CANADA, mail a Bank or US Post Office Money Order or check for US$150 (made out to J.R. Montgomery) to apt. 2, 8918 Fisk Road, AKRON NY 14001 and we will mail or Email you a screening Questionnaire. Fill out this form and mail or fax it back. Within a month Dr. Montgomery will study it and decide which category of immigration is best for you and what chance of success you have, and he will contact you and provide you with his Opinion. If you hire Dr. Montgomery for an immigration application, the $150 will be credited to your account.

This questionnaire and fee process is necessary for four reasons:

1) Otherwise Dr. Montgomery spends most of his time giving out free information by phone and e-mail.

2) He cannot give proper and useful advice without knowing a lot about you. (Immigration is a complex area of law which changes frequently; so beware of anyone offering fast, simple answers.)

3) Another reason we must charge for this is that the form costs money to print and mail out, and takes Dr. Montgomery a few hours to study your information, check the latest regulations and policies and form an Opinion.

4) Another very important reason we charge for the form to be analysed and an Opinion made is to keep the information in the questionnaire confidential. For the information to be protected from government eyes by lawyer-client privilege, the lawyer has to be retained by the client, meaning the client must have paid the lawyer some money. You will find that there are many very personal questions on the Questionnaire about you and any relatives in Canada which you would not want anyone else to see. In order to legally prevent the government from looking at these (in the rare case where it wanted to) Dr. Montgomery needs to show that you paid some money and that there was a lawyer-client relationship, which is then considered "privileged", meaning he cannot be forced to disclose what was in the questionnaire, even to a judge or the police or the tax department. Keep this in mind for other websites where the lawyer offers to give a free Opinion on your questionnaire which is sent over the internet. If that lawyer's office is ever raided by the police or immigration officials, they could confiscate your questionnaire and it might be hard for the lawyer to say it was privileged when he/she could not prove any retainer. (Consultants have no lawyer-client privilege so anything you say to them or send to them can be used by the Immigration Dept., the Justice Dept., the police etc.)

RECENT CHANGES TO CANADA IMMIGRATION PROGRAMS

1) A new Federal Skilled Trades Program begins 2 Jan. 2013.

In order to qualify, applicants will need to:
  1. have a written, detailed, acceptable offer of employment in Canada, or a provincial "certificate of qualification" to ensure that applicants are “job ready” upon arrival;
  2. meet a basic English or French language requirement;
  3. have a minimum of two years of work experience as a skilled tradesperson, to ensure that the person has recent and relevant practice as a qualified journeyman (proof required, e.g. letters from former employers, certificates, licences); and
  4. have the skills and experience that match those set out in the National Occupational Classification (NOC B) system, showing that they have performed the essential duties of the occupation (proof required).

    No HRSDC (Services Canada) Labour Market Opinion confirmation is required.

    In order to manage intake, avoid backlogs and ensure fast processing times, Citizenship and Immigration Canada (CIC) will only accept a maximum of 3,000 applications in 2013.
    Within the 3,000 cap, no more than 100 new applications for each job under Group A below will be considered for processing. There is no sub-cap for jobs under Group B.
    Group A includes 17 jobs with a moderate labour market need. Group B includes 26 in-demand jobs. In total, 43 jobs will be eligible to apply under the Federal Skilled Trades program in 2013.
    The specific 4 digit codes from the 2011 version of the NOC are provided below as they must be included in the application. Part of the lawyer's job is to carefully study the person's job history and skills and compare to the various NOC codes to pick the right classification. It cannot be changed once chosen, so several hours are usually devoted to this.

    Group A – Jobs with sub-caps of 100 applications each
    •NOC code # 7202 Contractors and supervisors, electrical trades and telecommunications occupations •7204 Contractors and supervisors, carpentry trades •7205 Contractors and supervisors, other construction trades, installers, repairers and servicers •7271 Carpenters •7301 Contractors and supervisors, mechanic trades •7302 Contractors and supervisors, heavy equipment operator crews •8211 Supervisors, logging and forestry •8221 Supervisors, mining and quarrying •8222 Contractors and supervisors, oil and gas drilling services •8241 Logging machinery operators •8252 Agricultural service contractors, farm supervisors and specialized livestock workers •9211 Supervisors, mineral and metal processing •9212 Supervisors, petroleum, gas and chemical processing and utilities •9214 Supervisors, plastic and rubber products manufacturing •9231 Central control and process operators, mineral and metal processing •9241 Power engineers and power systems operators •9243 Water and waste treatment plant operators

    Group B – no sub-caps
    •NOC code # 7231 Machinists and machining and tooling inspectors •7233 Sheet metal workers •7235 Structural metal and plate work fabricators and fitters •7236 Ironworkers •7237 Welders and related machine operators •7241 Electricians (except industrial and power system) •7242 Industrial electricians •7243 Power system electricians •7244 Electrical power line and cable workers •7245 Telecommunications line and cable workers •7246 Telecommunications installation and repair workers •7251 Plumbers •7252 Steamfitters, pipefitters and sprinkler system installers •7253 Gas fitters •7311 Construction millwrights and industrial mechanics •7312 Heavy-duty equipment mechanics •7313 Refrigeration and air conditioning mechanics •7314 Railway carmen/women •7315 Aircraft mechanics and aircraft inspectors •7318 Elevator constructors and mechanics •7371 Crane operators •7372 Drillers and blasters - surface, mining, quarrying and construction •7373 Water well drillers •8231 Underground production and development miners •8232 Oil and gas well drillers, servicers, testers and related workers •9232 Petroleum, gas and chemical process operators

    2) regular Federal Skilled Worker (FSW) program

    If you are not aleady working In Canada, you have to have an offer of aranged employment (or be in a PhD program) to be eligible. The job offer can be conditional on your getting accepted but it must otherwise be for full-time permanent work, AND the proposed job must get an HRSDC "arranged employment opinion". So to start the process the employer should hire me and I then work with the employer to try to get this HRSDC Opinion before proceeding further. The proposed worker must comply with any regulatary or certitications standards that apply to such jobs in Ontario (or whatever province the worker plans to work in). They need not already have the certification but must be able to convince HRSDC and CIC that they would be most likely qualify to receive certification if they applied for it.

    Note: If you applied before 27 Feb. 2008, and have not received a decision, the government of Canada is cancelling your application and will refund your application fee. ALSO, as of 1 July 2012, Citizenship and Immigration Canada (CIC) temporarily stopped accepting new applications for the Federal Skilled Worker Program (FSWP). This temporary pause does not apply to those with a qualifying job offer or applying under the PhD stream. CIC may start accepting applications again, apparently in May 2013, when the revised selection criteria take effect.

    Federal Skilled Worker (FSW) applications are assessed for eligibility according to the criteria set out below.

    Basic eligibility

    For your application to be eligible for processing, you must: