Sunday, December 2, 2012

Canada Immigration Favors Increasing Number of Overseas Trained Tradespersons

Available reports suggest that the recent changes, as proposed by Citizenship and Immigration Canada (CIC) minister, to the immigration policy of the country, are suitably tailored to inspire more skilled tradespersons to the nation's shores. The goal behind the proposal is to manage the issue of the increasing labor scarcities currently being faced by certain sectors--including construction and natural resources--inside the nation.

Via the overhauled Federal Skilled Worker Program (FSWP)--which would be made effective sometime later in 2012-the CIC will boast of a simplified program for qualified overseas workers under certain domains, such as construction, and service & manufacturing industries. In addition, via the said program, Ottawa would fast-track the applications of the candidates belonging to certain specific vocations.

The fresh program would be comparatively more flexible even as it will enable Kenney, the minister, to prioritize a particular domain. Priority occupations would be set out in ministerial instructions. Via the present immigration levels plan for 2012, and via the FSWP, the Maple Country intends to accept anywhere between 55,000 and 57,000 trained workers.

Meanwhile, a senior involved person reportedly said that till date, there has hardly been a swell in the numbers as suggested by the CIC.

At the present, the candidatures of all aspirants--under the skilled workers programme--are duly assessed against a table having 100 points. Factors considered include official language skills, work experience, education and age of the candidates, together with job offer in the country, besides their adaptability.

And despite the fact that 10 out of the 24 professions mentioned on the skilled workers' list for immigration are from several trades, till now trained tradespeople constitute just a minuscule 3% of the total number of immigrants under the program. As one can see, the program is heavily tilted in the favor of managers though trained workers are ignored resulting in big backlogs for them (the trained workers).

In the meanwhile, yet another concerned person was quoted as saying that the proposed changes in the immigration program will ensure that the government is at a liberty to choose the skillsets which may be needed in the background of the specific prevailing economic trends at the time.

He added that as global work experience and training find due recognition from the involved officials, assessing the candidatures of the trained migrants will also become much easier. Apart from this, Ottawa will also have the right to fast-track the applications of those candidates whose skills could be needed across the nation.

He continued that the changes as proposed will offer the trained workers the golden opportunity to be duly assessed on the basis of their work experiences and practical training, in place of their university degrees. However, the prevailing requirement of minimum knowledge of French or English language will continue to be in place.

Over-qualification Issue

The Indian Canadian Diaspora have been perturbed over the issue of fresh immigrants getting sucked into doing jobs for which they may be pretty over qualified or remaining unemployed for extended durations, post landing in the country. In this backdrop, the proposed changes are being viewed as a way to positively address such matters.

A recent research in this context comes to the conclusion that the fresh migrants who end-up doing jobs, for which they may be rather over qualified, are exposed to risks involving their mental conditions--that too inside a relatively short duration of time. According to the said research, such highly qualified overseas people registered deterioration of their mental health over a period of four years--the reason of which could be their unhappiness with their particular job situations.

Another concerned person was quoted as saying that the CIC picks-up over skilled, healthy overseas workers to be admitted into this nation even as-- minus right recognition, and use of their overseas educational qualifications, not to mention work experiences-it's highly improbable that such migrants will really manage to realize their true potentials in the Maple Country.

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All About the Investor Visa

The investor visa is oftentimes referred to as an "E Investor Visa" and enables a foreign individual to conduct their business here in the US, provided the US has a commercial treaty with the person's country of origin and/or residence. Obviously, this must be conferred by the US. Although there is no limit as to how often an investor visa can be renewed, it must be reviewed on a regular basis (usually every few years).

What is required to obtain the visa?

In order to obtain either type of this visa, you must be willing to contribute or invest a certain amount of money into the US economy. The dollar amount involved is based on the type of investor visa you are attempting to obtain as well as the type of business you are trying to establish in the US. The spouse of the applicant and any child under the age of 21 years who is not married may receive a derivative visa, regardless of their nationality, so that they can accompany the principal individual.

E2 investor visa

The E2 investor visa enables an individual from a foreign country enter the US and work here based on some type of investment that they will control while they are inside the country. The E2 must be renewed once every other year but there is no limit as to the number of times it can be renewed. The individual must contribute to the economy of the US and be fairly substantial (it should normally exceed $50,000) whether they are investing in an existing or new business.

Establishing a small shop here in the US does not fulfill the monetary requirement. Additionally, an investor visa is only available to an individual provided their home country has a commercial treaty with the US. The amount of investment funds above is an estimated amount and the applicant should discuss this with an immigration attorney in order to get a better idea of what is required before they make any offers on a business. Additionally, the money invested should only be spent on the operation of that business.

EB5 investor visa

The EB5 investor visa was created in 1990 with the passage of the Immigration Act of that year. It will be ending in September, 2012 but up until then, an immigrant can apply for a green card in order to invest in the US economy. The monetary requirements of the EB5 are considerably larger than those of the E2. These requirements include:

o Creating or preserving at least 10 American worker's jobs (exclusive of the investor and their immediate family members). o Making a $1 million investment. o Making an investment of $500,000 in an underdeveloped rural area or areas where unemployment figures are extremely high and known as Targeted Unemployment Areas or TEA's.

This investment can be made to a group or 3rd party that manages investment vehicles or other types of investments or it can be made directly to an existing or new business that generates jobs.

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Changes to Australian Skilled Migration and Skilled Visas

In recent months the Department of Immigration and Citizenship in Australia have announced numerous changes to the processing and application systems for skilled migration to Australia.

We attended a news conference in London recently to find out more about the changes and how they would affect the skilled migration program. The new program, called SkillSelect will be rolled out on the 1st of July 2012.

Currently there are six skilled migrant visa subclasses which were announced as part of the skilled migration reforms on 8 February 2010 - see below:

1. Visa Applications in Australia

subclass 885 (skilled independent) subclass 886 (skilled nominated/sponsored) subclass 487 (skilled regional sponsored)

2. Visa Applications outside Australia

subclass 175 (skilled independent) subclass 176 (skilled nominated/sponsored) subclass 475 (skilled regional sponsored)

In an effort by the Australian government to keep the skilled migration program as responsive as possible, these six visa subclasses will be merged into three, starting from the 1st July 2012. What this means is that the applicant will apply for the same visa subclass regardless of whether they are onshore or offshore at the time of application. The new skilled visa subclasses are listed below:

subclass 189 (skilled independent) (will replace subclasses 885 and 175) subclass 190 (skilled nominated) (will replace subclasses 886 and 176) subclass 489 (skilled regional) (will replace subclasses 487 and 475)

SkillSelect has been specifically designed to encourage state sponsorship and employer sponsorship in order to help resolve the current skills shortages, mainly in Regional Australia.

There has been a major change in the way that applicants will apply for the skilled independent, skilled sponsored and skilled regional sponsored visas. In order to be successfully accepted, the applicant must first complete an expression of interest (EOI). Submitting and expression of interest in order to apply for the Employer Nomination Scheme, Regional Sponsored Migration Scheme and Temporary Business visas is optional, however it is still highly recommended.

As soon as the EOI has been successfully submitted, the visa applicant will be listed on a central database where they may be considered for a skilled visa. This system will enable employers or state and territory governments to find potential applicants for sponsorship, or they could be invited by the Government to lodge a visa application.

Please note: The information provided by the applicant in the expression of interest will be thoroughly reviewed and the Department have stressed that any false or misleading information will need to be verified. If the applicant is invited to apply for a visa based on misleading information, this could lead to a visa refusal and a potential ban from the system.

Furthermore, in the budget for the period 2012 - 2013 the number of skilled visa places has been increased by 3,400 to a total of 129,250. This is another indication that the Australian government are working hard towards finding a solution for the current skills shortages.

We view this as extremely positive news for skilled migrants as we expect that most visa applications will be processed quicker than under the current system.

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Immigration For Medical Professionals: The H-1B Professional Worker Visa

The most common program by which foreign nationals enter the U.S. to work as physicians is the professional workers visa, or H-1B visa. To obtain an H-1B visa, the foreign born physician must be sponsored by an employer. This visa is good for up to six years. An important requirement is that the employer must have the ability to hire, fire, or otherwise control the physician's work. Self-employed physicians can qualify for the H-1B visa, if the physician's practice has a board of directors that can control the employment terms of the physician. Moreover, if a physician's work location is not owned or controlled by the employer, e.g. a hospitalist working at a hospital but employed by a private practice, the petitioning H-1B employer must provide additional evidence that it is the actual employer.

In order to qualify for an H-1B visa to practice patient care medicine, the foreign born physician must pass all parts of the United States Medical Licensing Examination (USMLE), National Board of Medical Examiners (NBME) or FLEX, and the English language proficiency test given by the Educational Commission for Foreign Medical Graduates (ECFMG). In addition, the physician must be licensed to practice medicine in their intended state of employment. Usually, except for physicians who trained in Canada, this means that the physician must have completed a medical residency in the U.S. However, this does not apply in the case the physician obtains an H-1B visa to complete a U.S. medical residency program.

Not all foreign born physicians are subject to the test requirements. These requirements only apply to foreign medical graduates (FMGs). For purposes of the H-1B visa, the following foreign born physicians are not considered FMGs:

Physicians of national or international renown; Graduates of U.S. medical schools; Physicians not practicing patient care (e.g., medical researchers).

It is important to take note of the costs and fees associated with the H1-B visa. In general, legal fees for H-1B visas start from $1,000 to $2,000, depending upon the expertise, experience, and location of the attorney. Generally, the government application fees depend upon the size and type of employer. Currently, an employer with more than 25 employees will likely pay $2,325 of which $2,000 cannot be reimbursed by the physician. An employer with 25 or fewer employees will likely pay $1,575 of which $1,250 cannot be reimbursed by the physician. Application fees for petitions filed by post-secondary schools and non-profit organizations affiliated with post-secondary schools are lower, currently at $825. Also, for payment of an additional "premium processing" fee of $1,225, the government guarantees processing of the H-1B petition within 15 days of application acceptance.

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New Laws Threaten Those With New Mexico Driver's Licenses

In 2005, the Real ID Act was passed to ensure that the documents used to acquire a state driver's licenses were authentic. At least 17 states did not comply with the Real ID Act, and some states even passed legislation to fight the Act. For example, New Mexico grants driver's licenses to those who use a utility or another form of identification, such as the Matricula Consular card that is issued to Mexican nationals.

Nearly ten years after the passage of the Act, the federal government is putting into place new federal provisions of the Real ID Act that will significantly change this. As of January 15, the federal government will start requiring proof of citizenship in order to obtain a driver's license. The federal government may not recognize other state IDs unless they are supported by these documents, and this may become an extreme inconvenience for residents of Arizona.

As a result of the state's lenience in issuing driver's licenses to non-citizens, New Mexico continues to rank at the top as one of the states with the most uninsured drivers. Before the law went into effect in 2000, the number of uninsured drivers in the state was 26.3 percent. Today, this number has jumped to 29.5 percent.

If these laws are finally enforced by the federal government, residents of New Mexico may no longer be able to use their driver's license to get on an airplane, work at a lab, or enter any other federal building or complex. The governor of New Mexico, Susana Martinez, has been vocal about her concerns with these new federal requirements and has sent a letter of inquiry to the Department of Homeland Security's Director. According to a DHS spokesperson, the act will be strictly enforced and the DHS is maintaining the January 15, 2013 deadline. States that comply with the criteria will have an extended deadline, but New Mexico has not filed the required information for this extended deadline.

With an estimated 49,000 undocumented immigrants living in New Mexico, the governor has also been concerned with the acts of fraud that are committed by those trying to obtain driver's licenses. For instance, 30 people were indicted in an alleged illegal driver's license ring in June of 2012 for using fraudulent utility bills to get driver's licenses. The governor speculates that the occurrence of fraud will only increase if these new federal requirements are put into place.

One thing is for sure, starting in December 2014 those who are under the age of 50 cannot enter a federal building or board a commercial airline unless their license complies with the new Real ID requirements.

Immigration Law - What to Expect at Your USCIS Interview (Adjustment of Status/Green Card Cases)   Life-Saving Medical Treatment for Ailing Undocumented Aliens Is Available   Prohibited Activities on a Visitor's Visa   Finding The Right Immigration Attorney   Facing Deportation? An Immigration Attorney Is Your Best Bet   Immigration For Medical Professionals: Permanent Residence Status   

What Is A Child Student Visa To UK?

Child student visa, otherwise known as Tier 4 (Child) Visa, permits children between the ages of four (4) and seventeen (17) years old to come to and study in UK for a certain period of time.

How to Qualify for a Visa

Prior to applying for a child student visa category, one must ascertain that he or she can meet the following qualifications:

1. That he or she is between four and seventeen years old.

2. That he or she will study at an independent fee-paying school in UK, and such education provider is duly licensed and appears in the register of Tier 4 sponsors in UK.

3. That he or she has been enrolled in any of the independent fee-paying school in UK.

4. That he or she can afford the expenses of being a child student in UK for the whole duration of the study.

How to Apply for the Visa

First, prepare all the documents necessary in applying for the visa. These documents are the following:

1. Application Form

2. Passport

3. Passport-sized photos

4. Confirmation of Acceptance for Studies and other supporting documents

5. Evidence of sufficient financial resources

After, file the application form together with the supporting documents. Application procedure may be personal or through email depending on the country where the applicant is making an application. A processing or visa fee should be paid first before the application is deemed duly filed.

How to Determine Sufficiency of Financial Resources

Your financial resources is deemed sufficient if it will be enough to cover the student's expenses until the end of his or her course which includes the course fees, living expenses, accommodation, study materials like books and other school materials.

If a child student is financially sponsored, either full or partial, by his or her government, the UK government, any international organization, university or school, you need to produce evidence of this fact in meeting the financial requirement for this visa.

How Long can a Child Student Stay in UK

If a child student is under 16 years old, he or she can stay for a period enough to finish his or her course, a period he or she asks for or 6 years, whichever is shorter, plus 4 months after the end of his or her course.

On the other hand, if the child student is 16 or 17 years old, he or she can be a given a period enough to finish his or her course, a period he or she asks for or 3 years whichever is shorter, and an additional 4 months after the end of his or her course.

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