Global Migration Digest

May 2013 (Vol. 1, No. 6)

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T&T from pg.3 >> pre-approved validity duration of the work permit. The process can be extended indefinitely and initial processing typically takes between four and six weeks. There are however variations on the process, both in timing and content. If an employer wishes to employ more than nine individuals on a work permit, then a group application may be made. This is almost identical to the individual process but saves time as only one application form has to be completed for the group. It is worth noting that the process varies slightly for people wishing to be employed in the oil and gas industry. These applications require slightly different supporting documents to be submitted; however, because of their integral nature to T&T's economy, they are typically processed a little quicker by specific employees of the Ministry for National Security. Trinidad and Tobago recognize the value of foreign investment and foreign workers. The existence of many bilateral visa abolition agreements, and coordination between the Immigration Division and the Ministry of National Security, facilitate the coming of a vital supply of foreign workers into the country. Claire D. Nilson is licensed as a lawyer in three jurisdictions: Attorney, Trinidad & Tobago; Attorney, New York, USA; and Solicitor (nonpractising), England & Wales. She is an alumnus of De Montfort University, England; University of Mainz, Germany; and Hugh Wooding Law School, Trinidad & Tobago. Ms. Nilson is an Associate with ASG Immigration based in London, England. The author wishes to thank George W. Lake, Legal Assistant at ASG Immigration, for his assistance with the preparation of this article. Canada: Update on Economic Immigration Programs, Sponsored Spouses Conditions by Jacqueline Bart Jacqueline Bart & Associates R ecent amendments to the economic immigration programs has resulted in the restructuring of existing Federal Skilled Worker and Canadian Experience Classes and the creation of a new class of economic immigrants – the Federal Skilled Trades Class. A new "bridging" open work permit for certain economic immigrants has also been instituted to facilitate the continued work of qualifying applicants in Canada. The Government of Canada anticipates that these amendments will result in faster processing times, more flexible economic immigration programs, and an increased likelihood of establishment for immigrants once in Canada. Citizenship and Immigration Canada has further instituted new conditions to be placed on sponsored spouses to address concerns of immigration fraud under the spousal sponsorship program, and the Federal Court has upheld the legislation terminating processing of pre-2008 permanent residence applications under the Federal Skilled Worker Class. Restructuring of the Federal Skilled Worker Class ("FSWC") In July 2012, the Government of Canada suspended the Federal Skilled Worker program in order to reassess and amend the program. In December 2012, the new Federal Skilled Worker program was revealed and opened on May 4, 2013. As with the previous Federal Skilled Worker program, the new FSWC is based on a points system that assesses a foreign national's overall capacity to adapt to the Canadian labour market, based on factors including the foreign national's age, education, work experience, knowledge of English or French, and other adaptability criteria. In order to obtain permanent residence, the foreign national is required to obtain 67 out of 100 points. However, under the new FSWC, the points have been redistributed to place greater emphasis on factors such as age and language proficiency. The revised FSWC selection grid is meant to better reflect the factors that better predict economic success, including language and age, and reduced the emphasis placed on weak predictors of economic success, such as previous work experience. Under the amended program, the total number of points for work experience has been reduced from 21 points to 15 points, and the years of experience required to obtain maximum points has been increased from four years of experience to six years. These points have been redistributed to significantly increase the maximum points awarded for fluency in one official language, from 16 points to 24 points, and minimum language abilities have been instituted. ... Read the rest of Jacqueline Bart's article on Canadian immigration law updates. www.aila.org 4

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