2011.NEC.Presentation-Day.1.ppt - Canadian Association of by ert554898

VIEWS: 1 PAGES: 151

									      CAPIC
    NATIONAL
  EDUCATIONAL
  CONFERENCE
OCTOBER 27-28, 2011

      DAY 1
Our sponsors




      Desjardins - CELPIP - Uniques - Commissionaires - Onyx
CAPIC

   2011                 Breakfast and
 National
Educational              Registration
Conference
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
CAPIC
                        Welcome!
   2011
 National               Aileen Farrol
Educational             Ontario Chapter President
Conference
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
CAPIC

   2011
 National
Educational
Conference
                           Olivia Chow
October 27 – 28, 2011                 MPP, NDP

                        CELPIP - Uniques - Commissionnaires - Onyx
CAPIC
                           Tarek Allam
   2011                     Dory Jade
 National
Educational             Quebec immigration program
Conference                  for skilled workers
                           Regulation of immigration
October 27 – 28, 2011        consultants in Quebec

                        CELPIP - Uniques - Commissionnaires - Onyx
QUEBEC
Skilled Worker Program
Do You Know?
1. Not all potential skilled worker immigrants need to
   be fluent in French?
2. The Government of Quebec offers subsidies for
   French courses abroad?
3. Immigration Quebec have an expedited process for
   specific areas of training or when having a job
   offer?
4. No need to have a university degree to Qualify
   under Quebec Skilled Worker Program?
5. Quebec accepts around 50,000 immigrants per
   year?
Assessment of Quebec Skilled Worker Candidate

 Education                 22         22


    Age                    16         16


  Language                 6          22

   Work
                           8           8
 Experience

Financial Self
                           1           1
 Sufficiency

                 49        53         69
Alliance Française
&
Immigration Quebec
Expedited Process

 •Job Offer
 •List of area of training
Immigration in
Numbers
   Statistics 2009-2010
Q&A
CAPIC
                            Marc Audet
   2011
 National
                            Desjardins
Educational
Conference               Immigrant Investor Program
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
CAPIC

   2011                       Chris Daw
 National
Educational
                                ICCRC
Conference                    Director of the Board

October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
Admissions

             1
Admissions Committee
 Presentation Outline
  • 2 Directors, 5 ICCRC members, ICCRC’s Registrar
    (non-voting).

  • Determine the entry requirements and registration
    process for admission to the Council.

  • Implement and monitor the process for admitting
    members to the Council.

  • Oversee the development of higher standards of
    admission in the future.

 18                                                     18
Current issues tasked to the Committee
 Presentation Outline
  • ICCRC Full Skills Exam oversight.

  • Pathway to membership for paralegals.

  • Assessing applications for new immigration
    consulting educational programs




 19                                              19
PARTICIPATE!

 That’s what self-regulation
 is all about!




                               20
CAPIC
                        Juliana Ramza
   2011
                            CELPIP
 National
Educational
Conference
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
 The trusted choice in
English language testing

    www.celpiptest.ca
              Designated by CIC
Designated by Citizenship and Immigration Canada (CIC) as an approved test
of English proficiency for applicants under the Skilled Workers and
Professionals Class.
     Key Features
 Canadian Test
Completely Delivered by Computer
 Uses Canadian English
 Valid, reliable and secure
          Key Features
 Canadian Test
   - originally developed at The University of British
   Columbia (UBC)
   - administered by Paragon Testing Enterprises, a
   subsidiary of UBC
   - Test Advisory panel made up of internationally
   recognized scholars
             Key Features
 Completely Delivered by Computer
   - Allows test candidates to complete all components of the test in just one
   three-hour sitting.
   - Completing the test with a keyboard and mouse rather than paper and pen
   can provide a considerable advantage to the test candidate, especially in the
   Writing component.
   - The use of a headset for the Listening component allows test candidates to
   adjust the volume to suit their own needs.
   - The Writing component includes an automatic word count function.
   - Each component of the test includes a timer, which allows test candidates to
   keep track of their own time.
          Key Features
 Uses Canadian English
   - uses the English variety as spoken in Canada
   - Individuals wishing to immigrate to Canada relate more
   to understanding and using Canadian English than other
   varieties used in other comparable testing systems
            Key Features
 Valid, reliable and secure
   - Paragon is committed to developing tests that meet the highest
   quality standards in the field and to providing a highly secure testing
   environment
   - a full research report on the evaluation of of CELPIP- General test
   scores is available on our website at www.celpiptest.ca
Additional Benefits and Features
   Easy Online Registration
   FREE Online Practice Test
   Quick Online Scoring Results
   Downloadable Study Guide for CELPIP (E-Book) for only $19.95
           Test Centres
Current Test Centres:
   • Vancouver - Columbia College

   • Edmonton - Grant MacEwan University
   • Toronto - Seneca College @ York
Test Centres Opening Soon
Within Canada:
    • Calgary

    • Ottawa


Internationally:
    • Hong Kong

    • Manila
    • Dubai

    • Select cities throughout India and China
FREE CELPIP Simulation Test
  As a part of our test development activities, we want to see
  how Canadian Experience Class (CEC)applicants perform
  on the CELPIP Simulation Test. In the future, we may
  seek designation from CIC for this test to provide official
  evidence of English language proficiency for the CEC
  applicants.

  More information: www.celpiptest.ca
   More Information
 CELPIP website
   - www.celpiptest.ca
 Email
   - ramza@paragontesting.ca or info@celpiptest.ca
 Find us on Facebook: CELPIP Test
 Follow us on Twitter: CELPIPTest
Thank you.
         www.celpiptest.ca
CAPIC

   2011
                          Coffee Break
 National
Educational                 Practice tip
Conference
October 27 – 28, 2011
                            Prize draw
                        CELPIP - Uniques - Commissionnaires - Onyx
Our sponsors




      Desjardins - CELPIP - Uniques - Commissionaires - Onyx
PRACTICAL TIPS “Dealing with a Difficult Client”


                1. ASSESS AND
                   DETERMINE LEVEL OF
                   DIFFICULTY PRIOR TO
                   YOUR CLIENT
                   SIGNING ON
PRACTICAL TIPS “Dealing with a Difficult Client”


                2. OUTLINE YOUR RETAINER
                   AGREEMENT, COVER LETTER
                   AND ALL
                   CORRESPONDENCES
                   CAREFULLY (WATCH FOR
                   AMBIGUITY AS THIS MAY
                   POSSIBLY BE USED AGAINST
                   YOU IN THE FUTURE)
PRACTICAL TIPS “Dealing with a Difficult Client”

                3. RE-READ ALL OUTGOING
                   CORRESPONDENCES AT
                   LEAST TWICE BEFORE
                   SENDING TO A CLIENT
                   (HAVE A COLLEAGUE OR
                   SOMEONE IN YOUR
                   OFFICE REVIEW, TO
                   ENSURE CLARITY AND
                   PRECISION)
PRACTICAL TIPS “Dealing with a Difficult Client”

                4. ADDRESS ALL CHANGES IN
                   PROCESS OR DIFFICULT
                   SITUATIONS
                   IMMEDIATELY WITH YOUR
                   CLIENT, WHILE ALSO
                   ADDRESSING
                   POTENTIAL SOLUTIONS TO
                   SHOW THAT YOU HAVE ALL
                   UNDER CONTROL
PRACTICAL TIPS “Dealing with a Difficult Client”




                5. TRUST YOUR INSTINCTS,
                   BECAUSE THEY WILL TELL
                   YOU WHEN ISSUES AND
                   CONCERNS ARISE BEFORE
                   YOU RECOGNIZE THEM
PRACTICAL TIPS “Dealing with a Difficult Client”

                1. Assess and determine level of
                   difficulty PRIOR to your client
                   signing on
                2. Outline all correspondences
                   carefully
                3. Re-read all outgoing
                   correspondences at least twice
                4. Address all changes in process or
                   difficult situations immediately
                5. Trust your instincts
CAPIC
                            Caroline Melis
   2011                          CIC
                        Director General, Operational
 National               Management and Coordination
Educational
Conference                 CICIP and CIC – new
                                  format
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
CAPIC

   2011
 National
Educational             David Manicom
Conference              Director General, CIC, Operational
                         Management and Coordination
October 27 – 28, 2011
                         CIC Immigration Policy Update
                         CELPIP - Uniques - Commissionnaires - Onyx
CAPIC

   2011                           LUNCH
 National
Educational
                                 Café Bellevue
Conference
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
Our sponsors




      Desjardins - CELPIP - Uniques - Commissionaires - Onyx
CAPIC
                                  Michel Dupuis
                                      CIC
   2011                            Director General,
                               Case Management Branch
 National
Educational                  What we do and what we do not do.

Conference                      Do we really solve all the cases?
                        What is the pathway for citizenship revocation?
                        You are keeping me busy: the litigation world.
October 27 – 28, 2011


                         CELPIP - Uniques - Commissionnaires - Onyx
Case Management
Branch

October 20, 2011
CASE MANAGEMENT MANDATE

• Raison d’être of Case Management Branch (CMB)
           Effective management of High Profile, complex,
             contentious & sensitive cases


 • 5 Units
                Case Review Immigration
                Citizenship Exceptional Cases (CEC)
                Citizenship Investigations & Revocations
                Case Review Danger to the Public & H&C
                Litigation Management

                                                             49
Case Review Immigration / CEC
• Provides support and advice on cases to senior management
  and the Minister of CIC

• Reviews and manages contentious, complex, high profile and
  sensitive immigration and citizenship cases, and provides
  guidance to CIC officials

• Collaborates with CIC /CBSA colleagues, and other government
  departments

• Communicates with clients, their counsel/agent (including non-
  paid representatives), and members of the general public on
  exceptional cases

• For case status, Temporary Resident Permit (TRP) or removal
  deferral requests, please contact the respective visa office,
  inland CIC office or CBSA office / Port of entry
                                                                   50
How to Contact Case Review Immigration
Please contact us if:

• You have a case where there are exceptional circumstances
  (example: urgent protection cases)
• There is a case that may not have been appropriately dealt with by
  a CIC local office or visa office and where litigation is to be avoided
• If you notice a number of cases in which you believe there exists a
  pattern of concern
• If you have not received a reply to your enquiries within 30 days of
  contacting a particular visa office or local CIC.
   E-mail: Case-Review-im-enquiry@cic.gc.ca
   Fax: (613) 957-7235
• When referring a case to us please remember to submit a
  completed Use of Representative Form [IMM 5476] to safeguard
  the privacy of our clients.

                                                                            51
Danger to the Public Unit
 • Focuses on issues of serious criminality relating to admissibility,
   removal and extradition pursuant to the Immigration and Refugee
   Protection Act (IRPA).

 • Works in collaboration with partners on each case (CBSA,DOJ,
   DFAIT) to prepare for decisions on:
     – danger opinions and positive PRRA;
     – referral to an admissibility hearing for long-term permanent residents;
     – extradition proceedings for refugee claimants and Convention refugees;
     – equivalencies of foreign criminal convictions;
     – H&C applications when inadmissible for security, war crimes, serious
       criminality, organized crime and excessive demand on medical services;
     – assurances from foreign governments against the death penalty.

                                                                                 52
Citizenship Investigations & Revocations Unit
 • Provides guidance to officers on contentious, complex or high
   profile citizenship files involving investigations or revocations and
   other enforcement related business lines.

 • Works in collaboration with partner agencies (RCMP, CBSA)
   investigating residence fraud to prevent individuals from
   becoming citizens when their residence in Canada is
   misrepresented or to revoke citizenship for those who obtained it
   through fraudulent means.




                                                                           53
What is Residence Fraud?

  Residence fraud is designed to make it
  appear that individuals have been residing in
  Canada to meet legislative requirements
  under section A28(1) of the Immigration and
  Refugee Protection Act (IRPA) in order to
  maintain PR status, renew the PRC, and
  ultimately meet the requirements of section
  5(1)(c) of the Citizenship Act in order to
  obtain Canadian citizenship.
                                                  54
Citizenship Residence Requirement vs. Immigration Residency
Obligation
Legislative Authority:   Immigration and Refugee     Citizenship Act
                         Protection Act (IRPA)
Requirement:             -Calculation based on the   -Calculation based on the
                         last 5 years                last 4 years
                         -Accumulate 730 days of     -Accumulate 1095 days of
                         residence (2 years)         residence in Canada
                                                     (3 years)




                                                                                 55
Citizenship Residence Requirement vs. Immigration
Residency Obligation
Legislative Authority:   Immigration and Refugee              Citizenship Act
                         Protection Act (IRPA)
Ways to meet the         -Physical presence (being in         -Time as a permanent resident
                         Canada)                              (PR)
requirement:             -Accompanying a Canadian citizen     -Time as a temporary resident
                         who is the permanent resident’s      -Time spent outside Canada
                         spouse, common law partner or        accompanying a Canadian citizen
                         parent                               spouse working with the public
                         -Working abroad on assignment        service of Canada or of a province
                         from a Canadian business or in       or for the Canadian Armed Forces.
                         the public service or Canada or of
                         a province
                         -Accompanying a PR spouse,
                         common law partner or parent
                         abroad who is employed, on a full
                         time basis, by a prescribed
                         Canadian business or by the
                         public service or Canada or of a
                         province


                                                                                                   56
How do applicants commit fraud?

• Misrepresentation

• Use of representatives who assist in providing false
  evidence to demonstrate residency while they are
  outside Canada

• Creation of Canadian business for the primary
  purpose of satisfying residence obligation while
  outside Canada

                                                         57
Investigations & Revocations
• CIC has ramped up its revocation efforts

• First step towards revoking citizenship – Notice of
  Intent to Revoke (goal: 40 per month)

• About 2,400 people are currently suspected of
  having obtained citizenship fraudulently.

• There is no time limit on proceeding with
  citizenship revocation.
                                                        58
Litigation Management (BCL)

•   Acts as liaison between CIC and DOJ
•   Provides instructions to DOJ
•   Analyses litigation developments
•   Types of Litigation
     – Visa litigation
     – Citizenship appeals
     – Inland litigation of national importance
     – Civil suits
     – International and Human Rights tribunals

                                                  59
Litigation Management (BCL)


• Provides advice and training to officers both inland and
  abroad

• Advice often based on jurisprudence or comments from the
  Court

• Suggests legislative, regulatory or administrative
  amendments



                                                             60
CAPIC

   2011                 Sylvie Bertrand
 National                    ICCRC
Educational
Conference
                              Director of the Board
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
PRACTICE MANAGEMENT
& EDUCATION

                      1
Achievements
 Presentation Outline
  • Continuing Professional Development Policy

  • Retainer Agreement Policy

  • Client Account Policy




 63                                              63
Continuing Professional Development 1/5
 Presentation Outline
  CPD Hours

  •16 hours of Immigration subject education per
   year

  •Providers are not-for-profit organizations,
   government institutions or agencies, and
   provincially licensed education institutions

 64                                               64
Continuing Professional Development 2/5
 Presentation Outline
  Eligible activities must:

  • Provide a consistently measurable learning
    outcome

  • Not fall under Practice Management activities




 65                                              65
Continuing Professional Development 3/5
 Presentation Outline

      Current Provision:

      CPD hours earned since June 30, 2011, will be
      credited

      Members whose birthdays fall between
      November 1st and April 30th must earn 5 CPD
      hours by April 30, 2012, and a total of 16 CPD
      hours by their 2nd membership renewal
 66                                                    66
PM & E Committee
Continuing Professional Development 4/5
  Presentation Outline
  Current Provision (cont’d)

  Members whose birthdays fall between
  May 1st and October 31st must earn 10 CPD
  hours by October 31, 2012, and a total of 16
  CPD hours by their 2 nd membership renewal




 67                                              67
Continuing Professional Development 5/5
 Presentation Outline
  Eligible Activities:

  •Attending seminars, conferences, courses

  •Publishing an article

  •Teaching Immigration Law and Regulations



 68                                           68
Ongoing 1/2
 Presentation Outline
  • Develop rules, membership renewals and
    audit process for each Client Account model

  • Suggest best practice and develop samples
    for retainer agreements

  • Develop incentives for members to achieve
    higher level of CPD education

 69                                               69
Ongoing 2/2
 Presentation Outline
  • Develop Practice Management (PM)
    education tools and members’ training
    activities

  • Develop new set of PM competencies to be
    attained by new members

  • Review ICCRC DACUM

 70                                            70
PARTICIPATE!

 That’s what self-regulation
 is all about!




                               71
CAPIC
2011
National
Educational
                           Gerd Damitz
Conference                    ICCRC
October 27 – 28, 2011

                              Director of the Board



                        CELPIP - Uniques - Commissionnaires - Onyx
FINANCE & AUDIT
   COMMITTEE

                  1
         Finance & Audit Committee
       Presentation Outline
Three Sub-Committees

• Board of Directors Information System (BODIS)

• Operational Controlling

• Contracts



                                             74
                                             74
           PM & E Committee
        Sub-Committee – BODIS 1/3
       Presentation Outline
Goal: Obtain information about the Council’s
performance from internal and external factors.


Measurement: By evaluating factors, we will be
able to extract indicators whose measurement is
relevant to the Council’s performance.



                                              75
                                              75
           Sub-Committee – BODIS 2/3
        Presentation Outline
                  Factors
External                    Internal
• Public                    •   Members
• Government, MPs           •   Education
• Citizenship and           •   Complaints & Discipline
  Immigration Canada        •   Outreach
• Fake Consultants          •   Operational Controlling



                                                    76
                                                    76
               Sub-Committee – BODIS 3/3
               Presentation Outline
Factor         Indicators           Primary Source Information   Relevance
                                                   Transfer
Complaints &   # of complaints      Intake Officers
Discipline

               # forwarded to       Intake Officers
               Discipline
               Committee
               # of appeals         Intake Officers


MPs            # of inquiries       Council
                                    Administration

               Average processing   Council
               time                 Administration




                                                                             77
                                                                             77
 Sub-Committee – Operational Controlling
         Presentation Outline
Strategic Controlling:          Operative Controlling:

• Strategic Planning (what)     • Operative Planning
• Tactical Planning (how)         (action)
                                • Tactical Planning (how)

 Budget:
 • Review & define assumptions               Financial Reports:
 • Review calculations                       • Balance
 • Measure (plan/actual)                        sheet/P&L
 • Simulations (what-if analyses)            • Cash Flow


                                                            78
                                                            78
           PARTICIPATE!


That’s what self-regulation
is all about!




                              79
CAPIC
2011
National
Educational
                        Brenda Nazarali
Conference                  ICCRC
October 27 – 28, 2011

                              Director of the Board



                        CELPIP - Uniques - Commissionnaires - Onyx
CAPIC
                                   CIC
                              CPC Mississauga
   2011                           Charlene Burton
                               A/Operations Manager
 National
Educational                       Tom Metzger
                              Operations Co-ordinator
Conference
October 27 – 28, 2011
                         Family Class Sponsorship
                         Navigating the First Steps
                        CELPIP - Uniques - Commissionnaires - Onyx
CPC MISSISSAUGA
CAPIC Presentation
  October 2011
Case Processing Centre Mississauga
• The Case Processing Centre in Mississauga (CPC-M) is the
  national processing centre for all family class sponsorships
  where applicants reside outside of Canada.
FC    Members of the Family Class
FC1   Spouse
FCC   Common law partner
FCE   Conjugal partner

FC3   Dependant children of the sponsor, the applicant or a dependant
      child and must be either:

      •Under 22 years of age with no spouse or common law partner.

      •Full-time student since before the age of 22 and continuously
      enrolled and in attendance on a full time basis.

      •Unable to support themselves due to a medical condition and
      financially supported by their parents since before the age of 22.
FC      Members of the Family Class Cont’d
FC4     Parents and Grandparents

FC5     Brother, sister, nephew, niece, grandson and granddaughter who
        are orphaned of both parents, under 18 years of age, unmarried
        and not a common law partner.

FC6/9   Adopted children or children to be adopted in Canada

FC7     “Other Relative” means a person who is related to the sponsor by
        blood or adoption. Sponsors may sponsor one other relative as long
        as they have no spouse, common-law partner, conjugal partner,
        son, daughter, father, mother, grandfather, grandmother, brother,
        sister, uncle, aunt, nephew or niece who is: a Canadian Citizen, a
        registered Indian, a permanent resident of Canada or a person
        whom they could sponsor in the family class.
The Sponsorship Undertaking


• All Family Class applications require an eligible
  sponsor, as the first step.

• The “Application to Sponsor and Undertaking” is a
  legal contract between the sponsor and CIC.

• By signing the undertaking, the sponsor promises to
  provide for their sponsored family members who
  enter Canada.
Lengths of Undertaking

• In most cases, the sponsorship obligations come into
  effect on the day the sponsored relative(s) becomes a
  permanent resident.

• All persons sponsored are subject to an undertaking,
  regardless of whether they are principal applicant or
  a dependent of the principal applicant.

• The length of undertaking varies based on the
  relationship between applicant and sponsor.
Lengths of Undertaking

Relationship to sponsor        Length of Undertaking
Spouse, common-law or                     3 years
conjugal partner

Dependent Children under 22     10 years or until age of 25 –
years of age when landing          whichever comes first

Dependent children 22 years               3 years
of age or older when landing

Parents, grandparents,                    10 years
adopted children orphans or
other relatives
Implications of Sponsorship Default



• Outstanding debt is considered a sponsorship bar until
  repaid

• Recovery of debt is pursued by the respective provincial
  authority

• 2010/2011 - Number of Default verification requests
  received from provinces – 8085 (approximately) 14%
Debt Recovery Process
• CIC has an MOU with ON, AB and BC to share information
  about social assistance clients.

• Provincial ministries verify the status of clients who are
  seeking assistance and inform CPC-M of any debts.

• We assist with the repayment process by informing clients
  of their obligation to the respective provincial authority.

• Payments made during the time period covered by an
  undertaking become debts payable by the sponsor
MEETING MINIMUM NECESSARY INCOME (MNI)
• All sponsors must meet the annual Low Income Cutoff
  (LICO) threshold established by Statistics Canada with one
  exception:

• Eligible persons residing in Canada sponsoring their spouse,
  common-law or conjugal partners and/or dependent child
  who has no dependent children.
MEETING MINIMUM NECESSARY INCOME (MNI)
Individuals affecting Family Size
• Sponsor
• Persons being sponsored on the current application
   (Includes accompanying and non-accompanying)
• Persons who are part of sponsor’s current family unit
• Persons previously sponsored where undertaking is still in
   effect
• Co-signer’s responsibilities must also be factored in using
   the same criteria
MEETING MINIMUM NECESSARY INCOME (MNI)
Change in Circumstances - R134(2)

Any changes that may affect a sponsor’s ability to continue to
  meet the MNI will result in a reassessment
Period of Reassessment is the 12 month period preceding the
  most recent change
Dokaj Decision

• Eligible co-signers may now be included during the life-
  cycle of an undertaking contingent on the sponsor having
  met all requirements upon filing.
MEETING MINIMUM NECESSARY INCOME (MNI)
Dokaj Decision

• Eligible co-signers may now be included during the life-
  cycle of an undertaking contingent on the sponsor having
  met all requirements upon filing.
• New sponsorship application which reflects co-signers bio-
  data, signature and personal information
• Co-signer must meet all eligibility criteria
• If sponsored relative and family members become
  permanent residents co-signer will be held equally
  responsible for obligations outlined in undertaking
Changing Principal Applicant
No provision with one exception:

Parent/Grandparent applications:
• Death of Principal Applicant prior to visa issuance
• Surviving spouse may become principal applicant
   - New application, undertaking and agreement required
   - No new fees
   - Refund of APRF and RPRF if application not commenced by visa
     office (VO)
   - Refund of RPRF only if application by VO initiated
Top 10 Visa Offices (FCP)

                          2009             2010
              1)   New Delhi     New Delhi
              2)   Hong Kong     Hong Kong
              3)   Manila        Buffalo
              4)   Islamabad     Manila
              5)   Singapore     Singapore
              6)   Beijing       Islamabad
              7)   Buffalo       Beijing
              8)   Damascus      Port-au-Prince*
              9)   Kingston      Kingston

              10) Other          Damascus
Top 10 Visa Offices (FC4)

                          2009             2010
              1)   New Delhi     New Delhi
              2)   Beijing       Port-au-Prince*
              3)   Manila        Beijing
              4)   Hong Kong     Manila
              5)   Damascus      Hong Kong
              6)   Islamabad     Damascus
              7)   Singapore     Islamabad
              8)   Colombo       Singapore
              9)   Bucharest     Colombo
              10) Other          Buffalo
Top 5 Reasons for Returns


• The entire application is returned to the sponsor if it does
  not meet minimum requirements. The top five reasons for
  returns:
    No fees or Insufficient fees
    Missing signatures
    Missing sponsor or applicant forms
    Missing Medicals
    Insufficient documentation for financial test assessment
Best Practices for Enhanced Efficiencies


• Submit complete package (if item is forgotten wait until
  solicited)
• Upon arrival at the visa office, these FC files will be ready
  for processing!
• Update changes of address online
• Email communication - In January 2011, CPCM
  implemented outgoing e-mail communication with clients.
  In July 2011, we implemented two-way email
  communication to receive specific case enquiries from
  clients.
Best Practices for Enhanced Efficiencies (continued)


• Utilize the CIC website cic.gc.ca or contact the Call Centre

• CPCM receives over 30000 pieces of white mail

• Results in sorting, tracking and filing

• Resources are better placed in processing applications
Wrap Up




  Question and Answer Period
CAPIC

   2011
                          Coffee Break
 National
Educational                 Practice tip
Conference
                            Prize draw
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
  PRACTICAL TIP 2


GETTING A CLIENT
    TO PAY
  THAT FINAL
   BALANCE
PRACTICAL TIPS “Getting a Client to pay…”



                1. BE CLEAR FROM THE
                   BEGINNING (AT TIME OF
                   RETAINER) OF THE
                   PAYMENT TERMS
                   (AMOUNTS, WHEN DUE,
                   ETC.)
PRACTICAL TIPS “Getting a Client to pay…”



                2. OUTLINE FROM THE
                   BEGINNING WHAT THE
                   CONSEQUENCES WILL BE
                   IF YOUR CLIENT IS
                   DELINQUENT WITH
                   PAYMENT
PRACTICAL TIPS “Getting a Client to pay…”


                3. SEND REMINDERS AND
                   STATEMENTS MONTHLY
                   TO ENSURE THAT YOU
                   HAVE NOTIFIED CLIENT
                   OF AMOUNTS DUE AND
                   WHEN
PRACTICAL TIPS “Getting a Client to pay…”


               4. WHEN FINAL BALANCES
                  ARE DUE, ENSURE THAT
                  YOU MENTION ALL
                  PREVIOUS REMINDERS
                  AND CITE TERMS FROM
                  RETAINER AGREEMENT
PRACTICAL TIPS “Getting a Client to pay…”

                5. SUPPORT YOUR FINAL
                   REQUEST FOR BALANCE
                   BY STATING THAT THE
                   SIGNED AGREEMENT IS A
                   BINDING CONTRACT,
                   AND THAT UPHOLDING
                   TERMS ON BOTH SIDES
                   ARE BASED ON GOOD
                   FAITH
PRACTICAL TIPS “Getting a Client to pay…”


               4. WHEN FINAL BALANCES
                  ARE DUE, ENSURE THAT
                  YOU MENTION ALL
                  PREVIOUS REMINDERS
                  AND CITE TERMS FROM
                  RETAINER AGREEMENT
PRACTICAL TIPS “Getting a Client to pay…”

                1. BE CLEAR FROM THE BEGINNING (AT TIME OF RETAINER) OF
                THE PAYMENT TERMS (AMOUNTS, WHEN DUE, ETC.)

                2. OUTLINE FROM THE BEGINNING WHAT THE CONSEQUENCES
                WILL BE IF YOUR CLIENT IS DELINQUENT WITH PAYMENT

                3. SEND REMINDERS AND STATEMENTS MONTHLY TO ENSURE
                THAT YOU HAVE NOTIFIED CLIENT OF AMOUNTS DUE AND
                WHEN

                4. WHEN FINAL BALANCES ARE DUE, ENSURE THAT YOU
                MENTION ALL PREVIOUS REMINDERS AND CITE TERMS FROM
                RETAINER AGREEMENT

                5. SUPPORT YOUR FINAL REQUEST FOR BALANCE BY STATING
                THAT THE SIGNED AGREEMENT IS A BINDING CONTRACT, AND
                THAT UPHOLDING TERMS ON BOTH SIDES ARE BASED ON
                GOOD FAITH
Our sponsors




      Desjardins - CELPIP - Uniques - Commissionaires - Onyx
CAPIC
                            Carmen Varao-Phillips
                             Acting Service Manager, TFWP
                                     Service Canada

   2011                         Nadia McLennon
 National                    Business Expertise Consultant
                                 TFWP, Service Canada
Educational
Conference                       Kimberly Clarke
                             Business Expertise Consultant
October 27 – 28, 2011
                        Temporary Foreign Worker Program
                          CELPIP - Uniques - Commissionnaires - Onyx
CAPIC

   2011                               CBSA
 National                          Anna Guida
                                Manager, Operations
Educational
Conference
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
Inland Enforcement


Overview of the Inland Enforcement
Program for CAPIC

October 2011
Post-Border Programs Directorate,
Programs Branch



                                     114
                    The Law
• The Immigration and Refugee Protection Act (IRPA)
  stipulates who is inadmissible to Canada.

• The Canada Border Services Agency (CBSA) is
  empowered with the authority to arrest, detain and
  remove individuals who are found to be inadmissible
  to Canada.

• The CBSA has the statutory obligation to enforce
  removal orders as soon as reasonably practicable.

                                                        115
                 Inadmissibilities
A person may be reported for violations related to:
 • security (espionage or terrorism)
 • human or international rights violations
 • criminality
 • organized crime
 • public health
 • misrepresentation
 • non-compliance with the IRPA (overstays, working or
   studying without a permit, failed claimant)
 • financial – inability to support themselves
 • accompanying family members
                                                         116
                        Detection
• The CBSA encounters inadmissible foreign
  nationals through various means:

    •   Information from law enforcement partners
    •   Tips from the public
    •   Investigations

• If an officer is of the opinion that a permanent resident or
  foreign national in Canada is inadmissible, they may
  prepare a report which may lead to the issuance of a
  removal order.

                                                            117
              Types of Removal Orders
There are three types of removal orders:
 Departure order
   • issued for refugee claimants
   • becomes deportation order if the person does not leave within 30
     days of the negative refugee determination decision

 Exclusion order
   • bars entry to Canada for 1 or 2 years, unless written permission to
     return is received
   • used mostly for less serious immigration violations

 Deportation order
   • bars entry to Canada for life, unless written permission to return is
     received
   • used mostly for more serious immigration violations
                                                                             118
      Inadmissibilities – How can you help?
Inadmissibility decisions made by an officer are
discretionary decisions, and require the weighing of all
information, both inculpatory and exculpatory, that an
officer considers relevant.

• Ensure applications and submissions are complete,
  clear, accurate, and up to date.

• Make official exculpatory information and documents
  (criminal pardons, certificates, permits, fee receipts)
  available to an officer as soon as possible.

                                                            119
                       Detention

The CBSA may detain when:
   • the person is a danger to the public
   • is unlikely to appear for an immigration process
   • when identity is uncertain
   • reasonable grounds to suspect security or human
     rights violation

Detention reviews are heard within 48 hours, then within
the following 7 days and every 30 days thereafter by an
independent tribunal, the IRB.

                                                           120
                   Hearings Process
Approximately 130 hearings officers represent the Ministers of
Public Safety and Citizenship and Immigration Canada before the
Immigration and Refugee Board (IRB) across Canada.

Hearings Officers appear before all three divisions of the
Immigration and Refugee Board:

 – Refugee Protection Division (RPD)
    • Interventions/Vacations/Cessations
 – Immigration Division (ID)
    • Detention reviews/Admissibility hearings
 – Immigration Appeal Division (IAD)
    • Sponsorships/Residency obligations/Removal Order
      appeals/Minister’s appeals


                                                                  121
             Detention Review Process
A CBSA officer’s decision to detain a person under the
IRPA is subject to an independent review by a Member of
the Immigration Division (ID) of the IRB which is an
independent and quasi-judicial tribunal.

• Reviews are conducted after 48 hours, then within the
  following 7 days and every 30 days thereafter.

• CBSA officers are solely authorized to release a
  detainee prior to the 48 hour review; thereafter, the
  authority to offer release rests with the IRB .

                                                          122
   Role of a Hearings Officer at a Detention Review


• Represents the interests     • Discloses information as
  of the Minister at             per the Divisional Rules
  detention reviews and          of the IRB
  admissibility hearings       • Responsible for making
  before the Immigration         sure the person
  Division                       concerned knows the
• Put forth the evidence the     case against them
  Agency has as it relates
  to the individual


                                                        123
          Detention - How can you help?
• When faced with a situation in which the CBSA is not
  satisfied of the person’s identity, advise the client how
  important it is to assist the CBSA and that it is in their
  best interest to cooperate before the 48 hour detention
  review.

• There are times where the circumstances surrounding
  the initial detention by an officer may have changed and
  the CBSA could assess new information. Disclosure of
  this new information is important and would need to be
  brought to the Hearings Officer’s attention as soon as
  possible, preferably before the detention review.


                                                               124
          Detention - How can you help?
• Advise the parties ahead of time of any witnesses you
  may wish to call at the hearing to allow the CBSA to
  conduct proper checks to determine whether the witness
  is suitable to be a potential bondsperson/guarantor.

• Proposed alternatives to detention plans should be
  presented at the earliest moment possible for the
  Minister to be able to respond accordingly.

• Joint recommendations are possible in certain instances;
  get to know your local Hearings Officers and assess the
  information before attempting to do so.                125
             Failed Refugee Claimants
• Once an individual is found not to be a refugee, he or
  she becomes inadmissible and has 30 days to leave
  Canada under a departure order.

• If the failed refugee claimant does not leave Canada
  within 30 days, the departure order becomes a
  deportation order.




                                                           126
                  Removal Process
• A removal order provides the legal grounds for the CBSA
  to remove a person from Canada.

• The processing time to remove an individual subject to
  enforcement action varies depending on the case.

• Every individual ordered removed from Canada is entitled
  to due process under the IRPA.

• The removal of individuals cannot be enforced until any
  applicable stays have been resolved.
                                                            127
                 Removal Process

Pre-Removal Risk Assessment
• Most individuals who are subject to removal orders may
  submit an application for a Pre-Removal Risk
  Assessment (PRRA) to CIC prior to the removal process
  being completed.


• Should the PRRA be rejected, in the absence of any
  additional stays or impediments, the removal order
  would be enforced.


                                                       128
                    Removal Process

Warrants
• A warrant is a tool to assist in the arrest of a person who
  an officer has reasonable grounds to believe is
  inadmissible to Canada and is a danger to the public or
  is unlikely to appear.

• A warrant can be issued should the CBSA be unable to
  locate a person who is subject the removal process.
  While a warrant is not necessary in all cases, it flags to
  other enforcement agencies that the person is wanted
  for immigration reasons.
                                                               129
     Removal Process – How can you help?
• Ensure your client complies with all instructions and
  deadlines provided by an officer, including any
  applications for travel documents.

• Keep the CBSA advised of the current address of both
  yourself and your client, and promptly advise of any
  changes of address.

• Inform the CBSA of any changes affecting your client
  that could impact removal, such as criminal charges or
  convictions, as soon as possible.
                                                           130
                   Questions?
Contact Chris Raymond or Theresa Harvey:
Christopher.Raymond@cbsa-asfc.gc.ca
Theresa.Harvey@cbsa-asfc.gc.ca




                                           131
Pearson International
Airport

Passenger Operations
Pearson has direct service to more international destinations
then any other airport in Canada.
Pearson averaged over 300 flights per day carrying over 28,000
passengers to the two Customs Primary areas. (This does not include
domestic traffic.)
Passenger Volumes at PIA
            2005/2006   2006/2007   2007/2008   2008/2009   2009/2010   2010/2011

  April      752,914     793,209     778,749     840,358     792,465     826,103
  May        772,732     798,022     784,679     843,255     729,641     826,267

  June       785,090     785,829     782,948     813,063     731,098     823,846
  July       887,771     882,537     876,069     911,800     851,086     950,866
 August      887,565     912,337     926,578     955,094     889,110     980,521

September    783,303     791,071     799,713     772,505     739,505     828,824

 October     707,044     708,102     732,429     712,105     687,345     790,457
November     614,885     628,006     659,709     642,766     636,993     705,853

December     658,393     700,620     729,429     742,644     732,619     791,844
 January     785,899     809,574     845,926     817,827     826,152     896,042

February     709,205     708,283     790,850     744,619     744,678     802,431

 March       875,116     886,635     954,261     891,482     915,964     994,747

  Total     9,219,917   9,404,225   9,661,340   9,686,213   9,276,709   10,218,382
Canada Border Services Agency

Mandate: The Agency is responsible for providing
integrated border services that support national security
and public safety priorities and facilitate the free flow of
persons and goods, including animals and plants, that
meet all requirements under the program legislation.
  Port of Entry Vision Highlights
 CBSA created in December 2003. The Agency
  was an amalgamation of Canada Customs, CFIA
  Port of Entry and Immigration Inland Enforcement.

 October 2004, Immigration Port of Entry joined
  CBSA.

 POE Vision is an opportunity for CBSA to create
  an integrated framework and streamlined process
  for managing the access of people and goods into
  Canada.
  Port of Entry Vision Highlights
 At Pearson International Airport the three legacy
  functions of Customs, Immigration and Food Plant
  and Animal (FPA) are delivered by a common
  Border Services Officer.

 With this amalgamated service there are over 700
  employees working for the CBSA at Pearson
  International Airport.
     Canada Border Services Agency (CBSA)
       At Pearson Passenger Operations:

Customs and Immigration legacy:
    Customs Service has about 400 officers
    Immigration Service has about 120 officers


Enforcement teams:
    Integrated Customs Enforcement Team (ICET)
               » 25 officers
    Disembarkation & Roving Team (DART)
               » 15 officers
Overview of Port of Entry
       Processing
Disembarkation and Roving Team
            (DART)
 Identify improperly documented or otherwise
  inadmissible foreign nationals at the arrival
  gate

 Monitor and promote transporter’s compliance
  by linking undocumented persons with
  transporters
 Primary Inspection Line (PIL)
 Examine all persons travelling into Canada

 Determine whether persons have a right to
  enter Canada or may be authorized to enter
  as temporary residents

 Authorize persons to enter Canada and
  endorse passports when required
                 PIL continued
 If the person or their goods are not authorized to
  enter Canada the person must be referred for a
  more detailed Secondary examination

 30 seconds to 1 minute per passenger
   Immigration Secondary

 Document checks

 Issue documents: work/study
  permits, visitor records, TRPs,
  confirmation of permanent
  residence
        Immigration Secondary
              continued
   Find persons inadmissible to Canada
   Complete front-end refugee processing
   Removals
   Detentions
    2010-2011 PIA – Immigration
            Statistics
 10.2 million passengers arrived at PIA

 421,368 were Immigration secondary referrals
  (5% referral rate)

 419,934 were admitted as Canadian citizens,
  returning residents, new permanent residents
  and temporary residents (99%)
         Key Immigration Business
               Processes
                   Section 44 Removal   Allowed to Removals Refugee Notice of New Permanent
    Year           Report Orders Issued Leave Conducted Claims Arrest Residents
Fiscal 2005-2006        3,303        1,777    2,749      6,488   1,880     841        106,334
Fiscal 2006-2007        2,877        1,679    3,138      7,302   1,801     721         93,730
Fiscal 2007-2008        3,260        2,046    4,034      6,284   2,201     751         89,409
Fiscal 2008-2009        4,964        3,515    4,560      6,291   3,687     958         90,345
Fiscal 2009-2010        6,395        5,014    3,175      7,184   5,161     669         90,343
Fiscal 2010-2011        4,476        3,128    3,208      8,348   3,203     728         98,658
Customs Enforcement Activities 2010-2011:

  Narcotic intercepts: 437 intercepts valued at $84.3
   million

  Currency intercepts: 539 intercepts valued at $9.1
   million

  Weapons intercepts: 32 intercepts
     Food, Plant and Animal Enforcement
                  Activities:

 FPA inspection officers have made over 5,900 intercepts
  of animal and plant products that were not declared.

 Our dog teams have made over 9,300 intercepts of
  undeclared food or plant products.
 Any Questions?
CAPIC
                             Alli Amlani
   2011
 National
Educational                   Next:
Conference
                            Boat cruise
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
Our sponsors




      Desjardins - CELPIP - Uniques - Commissionaires - Onyx
                 Next:
Conference
                            Boat cruise
October 27 – 28, 2011


                        CELPIP - Uniques - Commissionnaires - Onyx
Our sponsors




      Desjardins - CELPIP - Uniques - Commissionaires - Onyx

								
To top