Law Times

Law Times • November 21, 2016 Page 13 www.lawtimesnews.com Canada may gain from attracting top talent Trump's election golden opportunity for hiring BY MICHAEL MCKIERNAN For Law Times D onald Trump's presi- dency presents Canada and its immigration law boutiques with a golden opportunity to attract top international talent, accord- ing to a Toronto immigration lawyer. Evan Green, a partner at im- migration boutique Green and Spiegel LLP, says Canada is per- fectly positioned to capitalize on Trump's closed-door rhetoric and snap up some of the best skilled immigrants available from around the world. "For Canada, the harder it becomes to get into the U.S., the better we look as an alternative," Green says. "I think the govern- ment here is realizing that." Earlier this month, Justin Trudeau's Liberal government highlighted the contrast be- tween the two countries' ap- proaches to immigration when it unveiled a global skills strategy designed to fast-track process- ing of visas and work permits for companies in certain high- tech categories with shortages of skilled workers. Meanwhile, Immigration, Refugees and Citizenship Can- ada also shook up its Express Entry points system for immi- grants looking to get into the permanent residence streams, making it more attractive to in- ternational students studying in Canada. "The prime minister wants to set up centres of innovation, and there are many multinationals who, faced with difficulty get- ting people into the U.S., are go- ing to see Canada as a great op- tion," Green says. His office has already re- ceived calls from all over the world from workers and busi- nesses seeking alternative desti- nations due to uncertainty in the U.S., as well as temporary work- ers currently south of the border who anticipate problems renew- ing visas. Even undocumented workers living in the U.S. are ex- ploring their Canadian options in the expectation that Trump will end a program of deferred action on deportations that al- lowed the children of illegal immigrants to obtain work per- mits, according to Green. Michael Niren, the manag- ing partner at Toronto immi- gration law boutique Niren and Associates, says hits on his firm's website went through the roof as it approached midnight on elec- tion night and Trump's victory became clear. "We were just overwhelmed," Niren says. And the firm was in good company, since IRCC's own website crashed under the weight of American traf- fic the same night. Despite the spike in interest in his services, past experience tells Niren few Americans will actually follow through on their plans to move to Canada purely as a result of Trump's victory. "Every election cycle we get an uptick in calls from Americans, regardless of which party wins," Niren says. "Mostly, it's just con- cern about the result more than a serious desire to move. But there are situations where you have other factors at play. "Maybe they were already interested in going to Canada, or have received employment offers from here, or they have a Canadian spouse. For those people, the election might push them over the edge to start the process." Henry Chang, an immi- gration lawyer at Blaney Mc- Murtry LLP in Toronto, says the elections of Barack Obama and George W. Bush prompted similar talk of a northern f light by Americans. However, in two and a half decades at the bar, he can only think of one person who ended up settling in Can- ada purely because of politics: a former celebrity who emigrated in protest at the elder George Bush's decision to get involved in the Gulf War. However, he says Americans put off by the difficulty and length of the process for achiev- ing permanent residence or citi- zenship in Canada have plenty of shorter-term options. "If you're just trying to outlast Trump, which may only be four years, then there are temporary options that people are not ex- ploring as much," he says. Study permits allow Ameri- can students to fit in a limited amount of employment around school work at designated post- secondary institutions in Can- ada, while the North American Free Trade Agreement also pro- vides several temporary options for f leeing Americans who work in certain occupations. Americans with job offers in Canada can get a work permit as long as their profession — almost all of which require a university degree — is listed in Appendix 1603.D1 of the agreement. NAF- TA also allows for self-employed business owners to obtain entre- preneurial work permits if the business invests substantially in Canada or involves goods or ser- vices traded heavily between the two countries. However, depending on Trump's level of adherence to his campaign rhetoric, some of those routes into Canada could soon be cut off for Americans, since the president-elect has threatened to leave or renegoti- ate NAFTA, an agreement he has called the "worst trade deal in history." Drew Porter, a Windsor, Ont.-based lawyer with immi- gration law firm Hulka Porter, says he hopes Trump is all talk on ending NAFTA, noting that a significant chunk of his work in the border city relies on the text of the deal. "There used to be a compel- ling argument for free trade and enabling capital, including hu- man capital, to f low where it's most in demand. "What we've got now is a sen- timent totally contrary to that," Porter says. "There has been a lot of protectionist rhetoric coming from Trump, but I hope cooler minds prevail and that he takes a more modern approach in power. Both countries have gleaned a lot of good from the agreement." Still, Porter accepts there could be room for negotiation on certain aspects of NAFTA, an option to which Trudeau has also suggested he would be open. From an immigration perspective, Porter says the oc- cupation list for a NAFTA pro- fessional work permit could use "some tweaking." For example, management consultants, one of the few occupation categories that does not require a university degree, has been "open to abuse" and subject to periodic crack- down from customs officers on both sides of the border, Porter says. Even if NAFTA does become a casualty of the Trump admin- istration, Chang remains con- fident that the f low of workers between Canada and the U.S. will continue, especially since the focus of the president-elect's criticism of the deal during the campaign seemed to be on Mex- ico. Chang says there is a chance that the two countries would re- vert to the Canada-United States Free Trade Agreement, a deal signed in the late 1980s, which NAFTA eventually superseded several years later. "That would be the logical de- velopment in the unlikely event they back out completely, which I think would be a really crazy thing to do," Chang says. LT The world's leading immigration law firm, right here in Toronto. A WORLD OF DIFFERENCE IN IMMIGRATION Fragomen is recognized as the leading global immigration services firm, providing strategic and effective immigration solutions to the world's leading multinational corporations. Our exclusive focus on immigration means you will practice in an exciting, ever-changing and challenging environment with people who are passionate about immigration. The Fragomen Toronto Office is searching for a SENIOR MANAGER, CANADIAN CORPORATE IMMIGRATION LAWYER: • Canadian Law degree • Member in good standing in the Ontario Bar Association, preferred • Member in good standing in the Bar Association of any Canadian Province, but must be able to qualify for L3 License • 7 or more years' experience in a Canadian Corporate Immigration practice • Strong knowledge of procedural requirements for various types of nonimmigrant and immigrant visas Fragomen (Canada) Co. T +1 416 504 3838 www.fragomen.com/toronto Please contact Jayne Rose at jrose@fragomen.com to apply. Exciting Canadian Immigration Opportunity! Untitled-3 1 2016-11-16 3:17 PM Michael Niren says hits on his law firm's website went through the roof on the night of the recent U.S. presidential election. IMMIGRATION BOUTIQUES Fresh Canadian legal news and analysis Get More Online CanadianLawyerMag.com

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