TEMPORARY FOREIGN WORKERS-EVERYTHING YOU NEED TO KNOW

TEMPORARY FOREIGN WORKERS-EVERYTHING YOU NEED TO KNOW

                                                                                                         Written by – Santosh Suryawanshi

This blog is for temporary foreign workers in Canada and I believe that everyone should know all these information which are describe below. This information will help you what to expect from your employer and from where to find more useful informations.

Temporary foreign worker program allows eligible foreign workers in Canada to work for authorised period of time.

As you are temporary foreign worker, you are directly related to following government agencies. These agencies are playing very important role in your recruitment in Canada besides your employer.

Following is the brief description of three departments and there role regarding your employment

·        Service Canada- process applications for LABOUR MARKET OPINION (LMO) and ensures that all necessary requirements are met from employer. LMO is he opinion provided by HRSDC regarding IMPACT OF proposed foreign worker on Canadian labour market. A positive labour market opinion will help employee to apply for work permit, and will help employer to fill labour shortage and consequently Canadian economy to grow. Service Canada centres process LMO requests in each province.

·        Citizenship and immigration Canada (CIC) - This is the first point where foreign worker come in to contact with any of the government departments directly. CIC offices around the world are responsible for process of application for work permit to determine who is eligible to work in Canada.

·        Canada border service agency(CBSA)-This agency screen all foreign workers at the port of entry and all international airports in Canada before issuing work permit and allowed them to enter and work in Canada as per immigration and refugee protection act of Canada. CBSA officer has final word on who may enter in Canada. CBSA officers may deny entry to an individual if he thinks that person do not meet requirement of immigration and refugee protection act.

 General informations

WORK PERMIT

WORK PERMIT is the document which authorised foreign worker to work in Canada for specific period of time. There are two types of work permit –open work permit and restricted work permit.

Open work permit allowing foreign workers to work with any employer and any position.

Restricted work permit allowing foreign workers to work with only a particular employer mentioned on the work permit and can only work as a same positioned mentioned on the work permit.

Foreign workers cannot work beyond the expiry of work permit unless and until he is on implied status or applied for new work permit.

TERMINATION- employer can terminate foreign worker at any time if he thinks that employee do not meet his expectations outlined in his employment contract.in this case employer has to give proper notice or pay in lieu of notice.( as per Alberta employment law )

EMPLOYMENT INSURANCE-unemployed foreign workers can get temporary income support through employment insurance. Temporary foreign worker must meet the same eligibility as Canadian citizen or permanent resident of Canada.                                                                                      Finding new employment- foreign workers can choose to find new employer during any time of his current employer but new employer has to get positive labour market opinion and foreign worker needs to apply for new work permits that reflects changes your employer location and job description.

REPORTING VIOLATIONS

Foreign workers can report any kind of violation at work place and its crime if employer threatens employee to send him back to his country of origin if reports violence.

EMPLOYMENT STANDARD OF ALBERTA

EMPLOYMENT STANDARDS ARE MINIMUM STANDARD OF EMPLOYMENT FOR EMPLOYER AND EMPLOYEE AT THE WORK PLACE.

Employer has made an agreement with employee and government and has to followed all the terms and condition of your employment.

If it is mention in your contract that the employer will pay for your air tickets, health care and accommodation then employer do not have any right to collect these amount from you or deduct any amount from your pay check to cover these cost( even if you have given him written permission).

PAY PERIODS

Employer should have schedule for your pay, it can be weekly .bi-weekly or monthly pay periods. He should pay you within ten days of pay period ends. For example if employer paying your wages on monthly basis then for June 2012 pay period employer should pay you within 10 days of the pay period that is before 10 July.

DEDUCTIONS

Employment standard code allows certain deductions to be taken from employees pay such as Income Tax, Canada pension plan and employment insurance, employer must give written permission if they wants to make other deductions. There are some deductions are never allowed such as deduction for mistakes, any loss of cash or damaged of property if more than one person has access to the cash or property.

HOURS OF WORK

·        Not allowed to work for more than  12 hours in a day

·        Should have at least one day off in a week

·        30 minutes break after 5 hours of shift.

OVERTIME PAY

Overtime is all hours you work over 8 hours a day or 44 hours a week. Normally overtime paid 1.5 time of your regular pay.

GENERAL HOLIDAYS

General holidays are nine days in years as per the Alberta employment law

VACATION AND VACATION PAY

After successfully completion of one year of employment, employees are entitled to have two weeks of paid vacation.

MATERNITY AND PARENTAL LEAVE

Foreign worker can get maternity or parental leave without pay; he/she should work at least 52 consecutive weeks of employment to become eligible for this benefit.

TERMINATION OF EMPLOYMENT

With the proper notice, employee and employer can terminate employment. Neither employee nor employer need to give notice if termination of employment within three months. Employer need to pay all his earning within 10 days of employees termination. For employment for more than three months and less than two years proper notice period is one week.

WORKERS COMPENSATION

The worker’s compensation board (WCB) ALBERTA can provide you assistance if employee gets injured at work.

IMMIGRATE TO ALBERTA

IMMIGRATE TO ALBERTA INFORMATION SERVICES can provide you most important information and guide through experts on following topics

·        Alberta immigrant nominee program (AINP)

·        Eligibility criteria for employer and employee under AINP.

·        Steps and process for applying for AINP programs

·        Labour market opinion

·        Work permits

·        International qualifications assessment services

·        Recognition of foreign qualification and assessment of credentials.

·        General information on temporary and permanent immigration.

Alberta immigration nominee program (AINP) gives opportunities to TEMPORARY FOREIGN WORKERS to become permanent resident of Canada.

Following are the different streams and categories of Alberta immigration nominee program.

·        Employer driven stream – This program is for candidates who are in skilled and selected semi-skilled occupations and have permanent full time job offer in Alberta.

·        Strategic recruitment stream-this program is for the candidates who are in high demand occupation

·        Family stream-This program is for candidate who has close family relative in Alberta who assists them to settle in Alberta.

If you met all criteria for AINP,then you need apply with all require documents . make sure that you include all your required documents along with your application ,or else application will return back to you.

If your application meets all your eligibility criteria ,then your application will approved as a alberta nominee . Alberta government will send you detail package and will instruct you about next step to be taken. As per their instructions applicant has to submit his applications to CIC (citizenship and immigration Canada) office for further processing.

CIC( citizenship and immigration Canada) will then conduct health, security ,and criminal ckeck if you pass their criteria then you will received your permanent resident visa.

                                                                                                            Blog written by – Santosh Suryawanshi

WHY TO IMMIGRATE TO CANADA

WHY TO IMMIGRATE CANADA ?

CANADA is the unspoiled land of superlatives;second largest country in the world by area, the higest mountains (mount logan), longest costline, countless lakes, longest days, most glaciers, longest rivers (Mackenzie River),longest winter, most wildlife and fewest humans, fewest roads, shortest days and shortest summer. this rugged,beautiful,wild land is characterized by its diverse terrain with tall magestic mountains,bright white landscape of snow and slow moving,vibrantly coloured blue glaciers,dense emerald green forest and bright colourful tundra with wildlife varied and unique to its region. Sealife abounds, magestic eagals fly freely across its streaming blue skies and giant humpback whales breach from the pacific's icy waters.

Canada is one of the leading nations of the world, its highly developed country, and rank # 1 for quality life for the last 8 years consecutively,according to the UNITED NATIONS.Canada has
outstanding education system, excellent work condition and one of the best health care system in the world these are the few reasons which attracting immigrants from almost all countries of the world.

Canada's success is largly due to the contribution made by these immigrants, Each year canada welcomes more than 250.000 new immigrants. the different backgrounds and culture are what make canada a unique country.Multiculturalism is promoted by government to keep this unique country remain the same. I would classified benefits of immigration in two different categary.

We will discuss following points in short to find out Why people wants to immigrate canada? what makes canada different from other countries?.

Standard of living

canada's standard of living is higher than most of the other countries in the world.higher standard of living means high quality and quantity of goods and services available to public and society.Canada ranked in top ten countries when considered standard of living.canada has ranked no 1 country to live by UNITED NATIONS.And Vancouver is rank 1 city to live in the world.

Health Care System

Canada's health care system is one of the best in the world where landed immigrant and citizens healthcare has been taken care by the government.all advanced medical technology is available to general public.( To keep healthcare system more effective.CITIZENSHIP AND IMMIGRATION CANADA with CANADA BORDER SECURITY AGENCY STRICTLY FOLLOW MEDICAL INADMISSIBILTY RULE to prevent excessive demand on nations health care system)

Education

High class education is available for everyone in canada, for every kids in canada, education until secondary education is free ( until 12 garde) . almost every university is provide scholarships to bright students. there are some savings plans for kids education is in effect which help parents to enroll kids for higher education.

Child Benefits

Canada Revenue Agency has provide each individual kid support by giving tax benefit to primary child care taker of the kid. These benefits are

• CCTB-CANADA CHILD TAX BENEFIT
• UCB-UNIVERSSL CHILD BENEFIT.

Unemployment Benefit

Canada government provide support to unemployment benefits to its landed immigrant and citizen.


Labour Law

Canadian employer has to followed strict labour law passed by the concern provincial authority. these labour conditions are

• maintain excellent work environ ment
• minimum wages law
• limit on maximum hours worked in a day
• WCB-workers compensation board- for any work injury occured
• parental leave for mother and father with pay( govt funded)
• most of he employer do provide some extra benefits such as vision care benefit,dental care benefits etc
• each and every employee and management respect each other.

Lower Crime Rate

Canada has lowest crime rate in the world and has strong LAW AND ORDER in throughout the country.



Economy

Canada is the highly developed country , with wide spread oil field which gives support to countries economy growth. Besides oil field canada is the country of lots of natural resourses which also helps countrys growth.
tourism is another sector where countries revenue get high.Active tourism and government promoting this sectors attracts tourist from all over the world .


Besides all above factors we should considered what immigrants get after he granted permanent residency in CANADA.

As a permanent resident, you and your dependants have the right:

• To receive most social benefits that Canadian citizens receive, including health care coverage.
• To live, work or study anywhere in Canada.
• To apply for Canadian citizenship.
• To protection under Canadian law and the Canadian Charter of Rights and Freedoms.

You must pay taxes, and respect all Canadian laws at the federal, provincial and municipal levels.


ALL THESE BENEFITS AND COUNTRIES PROSPERITY ALWAYS ATTRACT IMMIGRANTS FROM ALL OVER THE WORLD.

if you need any other information about canada immigration please refer my other blog
canada immigration at www.canadaimmigration4u.blogspot.com

Canada Immigration

FEDERAL SKILLED WORKERS PROGRAM-SIX  SELECTION FACTORS

                                                                                                                 Written by : Santosh Suryawanshi

Many people around the world have made Canada their home

Immigration to Canada is the great opportunity. however there are many factors you must consider before you become PERMANENT RESIDENT of Canada.

There are several programs you can apply under

·        skilled workers and professional

·        Quebec selected skilled worker

·        Canadian experienced class

·        Investors ,entrepreneurs and self-employed people

·        Provincial nominee program

·        Sponsoring your family program

In this blog we will discuss federal skilled worker( FSW) of the Citizenship And Immigration, Canada

Under FSW category skilled worker are selected as a  Permanent Residence based on their education , work experience , knowledge of English and/ or  French , age, arranged employment offer in Canada and adaptability.

Applicant under federal skilled worker need to satisfy the immigration officer that applicant has ability to become economically established in Canada . To prove this ability applicant need to score at least 67 points out of 100 based on six selection factors which are mentioned above.

Citizenship and immigration Canada has stopped accepting applications for federal skilled worker program other than applicant who has arranged employment offer or enrolled in Ph.D program or acquired Ph.D from Canadian universities.

We will discuss six selection factors in detail.

Selection criteria are help to determined immigration officer, whether applicant will be able to become economically established in the Canada. Skilled worker must be awarded not less than 67 on the basis of following six selection factors.

EDUCATION      

LANGUAGE PROFICIENCY       

 WORK EXPERIENCE 

  AGE       
          
                                                                                                                                                                               
ARRANGED EMPLOYMENT OFFER                 

                                                                                                                    
ADAPTABILITY.

Besides above selection criteria applicant must have a minimum amount of funds in his possession based on the size of their family. Amount need to be shown to immigration Canada will be discuss at the later stage of this blog.

EDUCATION:

Maximum 25 points shall be awarded for skilled worker education as follows.

5 points

- For secondary school educational credential

12 points

- A one year post -secondary educational credential, other than a university educational credential, and a total of at least 12 years of completed full time or full time equivalent studies

15 points

(i) A one year post-secondary educational credential, other than a university educational              credential, and a total of at least 13 years of completed full time or full time equivalent studies                                     

 (ii)A one year university educational credential at the bachelor’s level and the total of at least 13 years of completed full time or full time equivalent studies

20 points

(I)A two  years post-secondary educational credential, other than a university educational              credential, and a total of at least  14  years of completed full time or full time equivalent studies                                     

(ii)A two  years university educational credential at the bachelor’s level and the total of at least 14 years of completed full time or full time equivalent studies

22 points

(i)A three  years  post-secondary educational credential, other than a university educational              credential, and a total of at least 15 years of completed full time or full time equivalent studies                                     

(ii)two or more  university educational credential at the bachelor’s level and the total of at least 15 years of completed full time or full time equivalent studies ; and

25 points

for a university educational credential at the master’s or doctoral level and total of at least 17 years of completed full time or full time equivalent studies.

For example:

Mr. John has completed three years Diploma in hotel managements (Full time) after successfully completed his post-secondary education will award him  22 points . As he has three years post-secondary educational credential.and total 15 years full time studies.

PROFICIENCY IN ENGLISH AND FRENCH LANGUAGE:

Language is the most important factor since it will help you established in Canada successfully.

English and French are the official languages of Canada and proficiency in both or either one will help you get some points and to help you to obtain 67 points in some extend.

To prove your language ability you need to provide your language proficiency tests result conducted by designated organisations.

Assessment points for proficiency in the official languages of Canada shall be awarded  up to a maximum 24 points based on the bench marks referred to in Canadian language benchmarks 2000 for the English language and niveaux de competence linguistique canadiens 2006 FOR THE FRENCH LANGUAGE  as follows.

INTERNATIONAL ENGLISH LANGUAGE TESTING SYSTEM is one of the designated organisations which are conducting language tests. For immigration to Canada purpose, applicants need to appear for general exams which conducts at least twice in the month. Following is the link for IELTS exams date schedule for your convenience.

http://www.ielts.org/test_takers_information/how_do_i_register/test_dates.aspx

How these points calculate for immigration purpose ?

A)     For the ability to speak , listen , read or write with high proficiency

I)                 In the first official language ,4 points for each of those abilities if the skilled workers proficiency corresponds to a benchmark of 8 or higher , and

II)               In the second official language 2 points for each of those abilities if the skilled workers proficiency corresponds to a bench marks of 8 or higher

B)      For the ability to speak listen,read or write with moderate proficiency

i)                 In the first official language 2 points for each of those abilities if the skilled workers proficiency corresponds to a benchmark of 6 or 7 ,and

ii)                In the second official language 2 points for each of those abilities if the skilled workers proficiency corresponds to a bench marks of 6 or 7

C)                    For the ability to speak , listen , read or write

I)                 With basic proficiency in either official language 1 points for each of those abilities up to a maximum of two points if the skilled workers proficiency corresponds to a benchmark of 4 or 5 and

II)                with no proficiency in either official language 0 points if the skilled workers proficiency corresponds to a benchmarks of three or lower.

               For example

              Mr john has appeared for IELTS EXAM test conducted on 30 June 2012 and he received his IELTS test on 12^th July 2012 in his mail box.As per result he scores following band scores

skill	Band score	Proficiency	Points
WRITTING	6.0	Moderate Proficiency	2
READING	4.0	Basic Proficiency	1
SPEAKING	6.5	High Proficiency	4
LISTENING	6.0	Moderate proficiency	2

TOTAL 9 POINTS. As john has no proficiency in French language he will ended up with 9 points only.

following are the designated language test organisations

ENGLISH

·        International English Language Testing System : IELTS

·        Canadian English Language Proficiency Index Program :CELPIP

FRENCH

• Test d’évaluation de français : TEF.

EXPERIENCE :

Up to a maximum 21 points shall be awarded to a applicant for full time work experience,or full time equivalent for part time work experience,within last 10 years preceding the date of their application as follows :

Years of experience	Points awarded
One year experience	15 points
Two years experience	17 points
Three years experience	19 points
Four years experience	21 points

All above experience should be in skilled type ‘0’-MANAGEMENT OCCUPATION or                                               skilled level A or Skilled level B occupation according to NATIONAL OCCUPATION CLASSIFICATION MATRIX ( NOC)

If skilled worker who already has valid offer of arranged employment are eligible to apply as of 1st July 2012. Until CIC issue a new MINESTERIAL INSTRUCTIONS in this regards.

FOR EXAMPLE :

Mr.John has 5 years experience working as a chef which are fall in the category of FEDERAL SKILLED WORKER TYPE B occupation with NOC code is 6321. He has worked in skilled type job for more than  4 years which will awarded 21 points against his experience.

AGE :

Age is the important factors and could awarded you full points if you apply in the appropriate age zone. If your age is between 21 years to 50 years then you will be awarded full 10 points21 to 49 years are considered more productive age which will award points to fullest.

Following is the chart shows about the age and points to be awarded.

Points	Age
10	Between 21 to 50 years of age
08	for 20 years or 50 years of age
06	for 19 years or 51 years of age
04	for 18 years or 52 years of age
02	for 17 years or 53 years of age
00	for less than 17 years and more than 53 years

Age would be considered at the time of date of the application submitted.

If a person who has age of 49 years and 11 months 29 days at time of application received by CIC office in Sydney Nova scotia, then throughout the application process his age would considered as less than 50 years and immigration officer will award him 21 points.

FOR EXAMPLE :

Mr. John age at the time of application were 34 years and he is eligible to received 10 points according to age factors shows above.

ARRANGED EMPLOYMENT :

Federal skilled worker could be awarded 10 points under this selection factor if he could proves that he has arranged employment in Canada in an occupation that is listed in skilled type 0 management, skilled type A and skilled type B of the NOC.

If skilled worker is in Canada and hold work permit (based on LMO) then he need to show that

·        He has a job offer from Canadian employer

·        He has valid work permit at the time of application made (based on positive labour market opinion)

·        He should have his work permit valid at the time of re-enter Canada as a landed immigrant.

·        He should present a letter from his current employer made an offer to give applicant a permanent job after his application for permanent resident is successful.

If skilled worker in Canada on LMO except work permit

·        He has valid work permit at the time of application made

·        He should present a letter from his current employer made an offer to give applicant a permanent job after his application for permanent resident is successful.

If applicant do not currently have a work permit and do not intend to work in Canada before applicant have been issued a permanent resident visa  then he should provide

·        Applicants prospective employer has made an offer to give him a permanent job his application is successful

·        Applicants prospective employer has obtained a positive arranged employment opinion from HRSDC

After providing above mentioned documents with application and proves arranged employment ,applicant awarded 10 points .

FOR EXAMPLE :

Mr john has provided ,job offer from employer,copy of valid work permit,copy of positive LMO,  a letter from employer stating offer made of job even after his permanent resident application is success,which proves his arranged employment,and are able to get 10 points against this selection factor

ADAPTABILITY :

A maximum of 10 points for adaptability shall be awarded to a skilled worker applicant on the basis of any combination of the following elements

(a)   For the educational credentials of the skilled workers accompanying spouse or common law partner-3,4 or 5 points could be awarded.

Spouse education	Points awarded
17 years full time education with masters degree /Ph.D	5 POINTS
14 Years full time education with bachelor’s degree	4 POINTS
12 Years full time education with diploma ,trade certificate or degree	3 POINTS
Secondary school diploma or less	0 POINTS

(b)   For any previous period of study in Canada by the applicant or applicants spouse or common-law- partner-5 points

(c)    For any previous period of work in Canada by the applicant or applicants spouse or common-law- partner-5 points

(d)   For being related to a person living in Canada  awarded 5 points( relative has to close in relation example applicants or spouse or common –law –partners mother,father,uncle ,aunty,brother,sister,nephew,niece,son ,daughter,grandson,grand daughter ,grand father,grand mother)

(e)   For being awarded points for arranged employment will be awarded 5 points

The skilled worker has a spouse or common law partner who is not accompanying the principal applicant and is a Canadian citizen or permanent resident living in Canada. Applicant could be awarded 5 points.

In this above factor applicant will awarded maximum of 10 points even if he eligible to get all the points,

FOR EXAMPLE :

Mr john has married with Mrs Cristina , Cristina has completed her masters degree in business administration and studied for 17 years full time,

John had neither study  in Canada nor work in Canada previously,but he has his brother Mike working as a doctor in one of the hospital in Toronto, ON. Mike is permanent resident in Canada.

John has arranged employment in Canada and had provided all the documents which need to proves his arranged employment in Canada.

 According to adaptability factor John is able to get points under spouse education,arranged employment and relatives in Canada. But he can only claim for 10 points and not 15 points as this factor could only awarded 10 points maximum

Points awarded 10 points

Selection factors	Points  gained
Factor 1: Education	22
Factor 2: Ability in English and or French	09
Factor 3: Experience	21
Factor 4: Age	10
Factor 5: Arranged employment in Canada	10
Factor 6: Adaptability	10
Total	82 points
Pass Mark	67 points

In above example John has awarded with 82 points where 67 points are enough to proves his ability to become economically established in Canada.and his application is likely to approved.

BLOG WRITTEN BY : SANTOSH SURYAWANSHI,CANADA.