Law Times

Law Times ��� March 4, 2013 Page 11 FOCUS Changes increase opportunities for business immigrants For Law Times C itizenship and Immigration Canada has introduced several changes to permanent residency programs in the last six months that have increased the number of opportunities for business immigrants. Bridging open work permit program Citizenship and Immigration Canada announced this program last December. It allows applicants under the federal-skilled worker program, the Canadian experience class, the provincial nominee program, and the federal skilled trades program to maintain their status and continue to work in Canada until their permanent residency application is resolved. ���It���s a big opportunity because in the past there were a lot of people whose status ended,��� says Alan Diner, a partner with Baker & McKenzie LLP. ���Either their job ended or their ability to get a labour-market opinion ended.��� Diner believes the program is a positive change because it creates opportunities for people to stay in Canada. But he also thinks the open work program can be at odds with a company���s goal of retaining employees when they can go anywhere to work after getting the permit. some of them are concerned what constraints and limits will be put on their ability to be entrepreneurs by the venture capitalists,��� says Ament. ���They [the venture capitalists] are looking to make a big buck or get their money out. From what we read, most venture capitalbacked startups fail.��� are too high. ���My employers are telling me they���re doing a great job for us,��� he says. ���They don���t need to be that fluent in English to do what they���re doing.��� Startup visa program In January, Citizenship and Immigration Canada announced this program with the goal of attracting entreExpression of preneurs who will start their interest companies in Canada. It will Last fall, Citizenship and begin accepting applications Immigration Canada anas of April 1. The bridging open work permit program Before applying, entrepre- has increased opportunities for people to nounced the creation of a permanent residency applineurs will need to have the stay in Canada, says Alan Diner. cation model, called expressupport of a Canadian angel investor group or a venture capital fund. The sions of interest, for skilled workers. Based on program will also connect entrepreneurs with similar models in Australia and New Zealand, organizations experienced in working with people interested in coming to Canada will first submit an online form with information on lanstartup companies. But Ament has concerns about how suc- guage proficiency, work experience, and assessed cessful this program will be if entrepreneurs education credentials. The person then gets a first need the backing of an angel investor or a point score and a ranking and enters a pool of potential candidates. 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S E E WHO BUT THER TIONS FOR THOS OP . CAREER LLB OR JD HAVE AN NEW THE www.cana T RNING TO R ARE TU D EVEN AW FIRMS MANY LAW SHIP STRUCTURES AN RS R ER TN RTNE NERS. TWO-TIER PA -EQUITIZATION OF PART DE EQUIT THE COVERED GI ORG ODED Financi ial ��� SN���T AW ISN���T LA ISN N LAW CTISING ACTISING NE PRACTISI YONE. ON O ER FOR EVER E LOTS OF OTHER AR n Rights Watch funding re $560 mill tem,��� he ion to the lega ederal said l aid sysJusti ���It���s a diffi . Rob Nich ce Minister funding incre his gove olson defended of governm cult time for all flat. He note ases were rnment���s ent. essen levels d as well to approach our funding We���ve main that the tially tained ly enacted omn ing at his criminal legal leve recenttime of aid restraint. ls even in this soon cause a ibus crime bill Associati annual Canadia fundwould ��� Earlier gal aid serv spike in dem on grill n Bar at and for leing calls ing ices. from the while rebuff- CBA���s council the conference, ���Clearly, a review of federal organization for urging the govepassed a reso the where ther we have a lution situation fund At the e rnment the crisi to ���address on remand will be more CBA���s annu ing. s in lega ence, Nich l aid fund syste al and basi requiring duty people lawyers olson told the confer- effic mic issue that jeop ing as a cally will counsel gathered legal aid crowd of iency and strain prov ardizes Convent plans at the will incial ion Cen the Vancouver entire justice effectiveness cut into in such a way of the that the tre on system.��� that it the poo tion also ���We���ve maint Conserv il system Aug The reso dem has boo ative gove . 13 hens ained our that we rly funded civthis time sted fede have at ive revie anded a ���com lu- MacRury rnment of restraint,��� funding levels this time criminal w��� preral fund said. even says Rob ,��� legal aid ing for for criminal lega of federal fund ���It��� Nicholson. in from to $111 ing wor s clear that for l aid. $81 On Aug k, we need the syste . in power. million during million sor Photo: Gail m to enhanced Dan Mac 11, resolutio to the J. Cohen its time funding ���There���s CBA���s natio Rury, chairman spon- fund criminal legal a total com aid amental n of the nal crim tion, justice in to ensure mitment inal of ing told the council justice sec- try.��� our coun inflation that after The CBA into acco tak- to unt, fede Saskatoo ���s attention now ral n, which turns will host next See 500 766500 ENT 40766500 E T GREEMENT # 4076650 I AGR MENT S MAIL AGREEM PUBLICATIONS MAIL Federal skilled trades program This new program started accepting applications in January. Citizenship and Immigration Canada says it will accept up to 3,000 applications in the first year. Forty-three trades occupations are eligible under this program with the government aiming to process applications within 12 months. Applicants must meet the following criteria: ��� Proficiency in either English or French. ��� Offer of employment in Canada or certificate of qualification from a province or territory in one of the qualifying trades. ��� At least two years of work experience in this trade in the last five years. Immigration lawyer Robin Seligman has been pushing for such a program for 25 years. She believes the program is a positive one because it will separate bluecollar workers from professional ones. But Seligman thinks it will be difficult for workers abroad to get a certificate of qualification because they have to physically be here to qualify. ���It���s a great first step, but in terms of it working I���m not sure because people have to be here to get a certificate of qualification or be already working here,��� says Seligman. Lloyd Ament, an immigration lawyer with Basman Smith LLP, has heard from some employers that the language requirements to submit an immigration application under a priority processing system. The government has yet to announce a start date for the expression of interest model, wrote departmental spokesman Philippe Couvrette in an e-mail. Manjit Singh, an immigration lawyer with Cambridge LLP in Toronto, is excited about the expression of interest model because it will help reduce the backlog and processing times for visas. ���Right now, all applicants are equal in terms of how much time the immigration services have to spend on their application because each application is an application whether they are going to succeed or not,��� says Singh. ���The expression of interest is a preliminary step that decreases the processing time for potential applicants most likely to be successful in their application.��� Overall, it���s difficult to know how well any of the above programs will work because they���re so new, according to Ament. ���It���s a funny time we���re in because we have ideas, proposals, concepts but nothing concrete with any one of these new programs we���re talking about,��� says Ament. ���We���ll have to wait and see and then we���ll have to stickhandle around these rules and work with them to see what it means.��� LT dianlawyerm ag.com/4stu 1 dents INHOUSE vol.7 ��� issue 4 ��� 08.12 AM 12-06-13 11:13 AT THE INTERSECTION OF LAW & BUSINESS From left: Brian Hilbers, Av Maharaj, Nathalie Clark, Mark Adams, Veta T. Richardson, Megan Evans >> >> >> MIND THE DISCLOSURE GAP RE AP RE GAP LA LAW DEPARTMENT LAW DEPARTMENT AW EP MANAGEMENT: THE EVOLUTION OF THE EXTERNAL RELATIONSHIP SEVENTH ANNUAL INHOUSE/A SEVENTH ANNUAL IN OUSE/ACC VENTH VENT L INHO A INHOUSE/ACC OUNSEL ROUNDTABLE U E UNDTAB UNSEL UNDTAB UNDTAB NDT NDTAB NDTA NDTA DTA GENERAL COUNSEL ROUNDTABLE GENERAL COUNSEL ROUNDTABLE P 18 P18 P18 P.18 1 MANAGING MANAGING RISK IIN-HOUSE RIS RISK N-HOUSE OUS ��� CANADIANLAWYERMAG.COM General counsel play a signi���cant role in managing l l signi���cant ma man managi g man ing an t e risk f the organizations they work for, and have ri ri organization the work for, and hav ga zation they work zation zation hey or atio ation tio io on o n have a av the risk of the organizations they work for, and have becom rusted advise becom rusted advis become trusted advise becom trust d advisers he process. become trusted advisers in the process. ec ecome rus ecom rust c ust s dv s dvisers dvis dvis vi process. process. ro s roc ss. become trusted advisers in the process. ��� LAWTIMESNEWS.COM IH_August_12.indd 1 PUBLICATIONS MAIL AGREEMENT 40766500 PUBLICATIONS MAIL AGREEMENT ##40766500 BY SHARON HO ��� CANADIANLAWYERMAG.COM/LEGALFEEDS EDS WeGotYouCover_LT_Mar4_13.indd 1 www.lawtimesnews.com 13-02-26 11:17 AM

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