With the introduction of tougher laws that were effected on the 18 th of Dec, this year, the amendments to the Canadian criminal code is all set to carry severe repercussions for foreign nationals and permanent residents convicted of offences resulting from impaired driving.

Now, driving under the influence(DUI) is to be considered a grave criminal offence carrying an increased max sentence from 5 to 10 years.

These amendments will have a major impact on the immigration status for permanent residents in the country. The inclusion of DUI related offences under serious criminality threatens the PR status of these residents who could potentially be deported if convicted of such an offence overseas or in Canada post Dec 18.

In an announcement to CIC News, Immigration, Refugees and Citizenship Canada(IRCC) clarified that the new rules mean “most impaired driving offences could lead to a finding of inadmissibility for serious criminality under Canada’s immigration laws”. IRCC further elaborated that this includes cases where “it’s a first-time offence, no one is hurt and the sentence imposed is the minimum fine”.

IRCC also stated that there are factors and aspects already in place which could prevent a finding of inadmissibility and an order of removal for PRs, namely the restricted discretion afforded Canada Borders Service Agency and IRCC officers and in some cases, access to the Immigration Appeal Division (IAD).

For offences committed under this new law either in Canada or abroad, individuals charged will be unable to achieve “Deemed Rehabilitation”. A more subtle effect of this amendment is the stigma attached to the implication of serious criminality.

Alberta has released the first details of draws conducted through its Express Entry- linked stream since its introduction in June.  Eligible Express Entry candidates with CRS scores as low as 301 have been invited through Alberta Express Entry Stream.

A total of seven draws have been held since then, with the first and largest issuing 155 Notifications of Interest (NOIs) on July 6 to Express Entry candidates with Comprehensive Ranking System (CRS) scores as low as 302.

The Alberta Express Entry Stream allows the Alberta Immigrant Nominee Program (AINP) to search the federal Express Entry system for candidates who meet the stream’s eligibility requirements and invite them to apply for a provincial nomination for permanent residence.

Express Entry candidates with a provincial nomination are awarded an additional 600 points toward their  CRS score, effectively guaranteeing an invitation from the Government of Canada to apply for permanent residence. The CRS ranks Express Entry candidates based on points awarded for factors such as age, skilled work experience, education, proficiency in English or French.

Eligible Express Entry candidates must have a CRS score at least 300 and they must be working in an occupation that “supports Alberta’s economic development and diversification,” among other criteria, the AINP says.

Candidates with a job offer and/or work experience in Alberta, a degree from a Canadian post-secondary institution and/or a parent, child or sibling already living in Alberta may be prioritized for an NOI.

Candidates must be already have a profile in the Express Entry pool in order to be considered for this stream. Express Entry profiles that expire in three months or less prior to a given draw date may not be considered, the AINP warns.

Canada set a new Express Entry invitation record Wednesday in a draw featuring the lowest minimum score of 2018.  The December 19 draw issued 3,900 invitations to apply for Canadian permanent residence to Express Entry candidates with scores as low as 439.

Express Entry manages the pool of candidates for Canada’s three Federal High Skilled economic immigration programs — the Federal Skilled Worker Class, Federal Skilled Trades Class and Canadian Experience Class.

Eligible candidates are given a  score under Express Entry’s Comprehensive Ranking System (CRS) based on factors such as age, education, work experience and proficiency in English or French. This score determines their position in the Express Entry pool, and a set number of the highest-ranked candidates receive Invitations to Apply, or ITAs, through regular draws.

Today’s draw marks the first time in 2018 that the minimum score has dropped below 440.  This is likely explained by the fact the Government of Canada maintained a large draw size while only allowing one week to elapse between draws from the Express Entry pool. The period between Express Entry draws is usually two weeks.

A shorter time between draws means fewer candidates have an opportunity to enter a profile in the Express Entry pool. When this is combined with a large draw size, the effect can be a reduced minimum score.

Immigration, Refugees and Citizenship Canada (IRCC) used its tie-break rule in the December 19 draw. The time stamp used was February 6, 2018, at 19:31:37 UTC. This means that all candidates with a CRS score above 439, as well as those candidates with scores of 439 who entered their profile in the Express Entry pool before February 6, 2018, at 19:31:37 UTC, received an ITA in this invitation round.

The 3,900 ITAs in today’s draw bring the 2018 total to 89,800, which is the most ITAs issued in a single year through the Express Entry system. The previous record was established in 2017, when IRCC issued 86,023 ITAs.

Significant amendments to partner visa application

The new Migration Amendment (Family Violence and Other Measures) Bill was passed through Parliament on 10 December 2018. It is yet to be confirmed when the new law will take effect and partner visa applications lodged until then are to be assessed under the current partner visa application requirements.

New regulations have recently been announced that will significantly change whether an Australian Partner visa application can be lodged whist the applicant is in Australia.

What is the current process?

Part of the criteria for Partner permanent residence requires the visa applicant to be sponsored by an Australian permanent resident, Australian citizen or eligible New Zealand citizen. Together, the visa applicant and their partner submit their applications to the Department of Home Affairs.

Lodging a valid partner visa whilst in Australia allows the visa applicant to obtain a Bridging Visa A (BVA) which will take effect when their current visa expires.

The BVA holder will then be able to remain in Australia until a decision is made on the partner application. During this processing time the BVA holder will also be entitled to Medicare and have full work rights.

What will change?

The new Bill requires the partner to first lodge their sponsorship application and have it approved before partner visa can be lodged.

It is unclear how long the decision process of the sponsorship application will take, current process times are approximately 12 to 18 months.

What are the impacts?

Partner visa applicants with limited time remaining on their current visa will be required to either lodge a valid visa application that will allow them to stay in the country, or depart Australia and remain overseas until the partner visa is granted.

Until a valid visa application is lodged whilst in Australia, the applicant will not be entitled to a BVA, Medicare or (in some instances) full work rights.

When does this take effect?

There is no commencement date yet but, it could happen at any time.

Latest in NZ immigration news- A global index of the world’s best place to live put New Zealand at the top.

Researchers at the Legatum Institute think tank ranked New Zealand the highest, despite 26 other countries being wealthier, because of its ‘unrivalled ability to turn its wealth into prosperity’ – a broader measure than just money.

Rankings on the Legatum Prosperity Index are based on income as well as ‘wellbeing’ measures such as freedom, health, social ties, business opportunities, governance, nature, education and security.

“Free markets, free people, and the world’s strongest society ensure that New Zealand takes the top spot in the Prosperity Index,” the institute said.

After New Zealand, Norway came second followed by Finland, Switzerland, Canada, Australia, Netherlands, Sweden, Denmark and the United Kingdom.

Bottom of the table were Burundi, Angola, Mauritania and Iraq.

“New Zealand has ranked first in the Prosperity Index for six of the last ten years. Bar a small prosperity drop as a result of the 2008 global financial crisis and the immediate impact of the Canterbury Earthquakes, New Zealand’s prosperity has been on an upward trend, particularly since 2012,” the institute said.

“This rise has been driven by concerted efforts by policymakers, especially in economic and health policy. New Zealand’s business environment performance has seen it rise nine ranks to 2nd, and in health it has risen eight ranks to 12th,” the institute said.

“Underlying strengths include economic quality, particularly free and open markets, where New Zealand ranks 1st, governance (2nd), personal freedom (3rd), and social capital (1st),” the institute said.

According to new data from the Government of Canada, invitations issued to Express Entry candidates with a provincial nomination for permanent residence are up this year.   Of the 62,500 Express Entry candidates invited to apply for Canadian permanent residence between January and September, 12 per cent — or roughly 7,500 — had a provincial nomination.

During this same period in 2017, Invitations to Apply (ITAs) issued to Express Entry candidates nominated by a Canadian province or territory stood at just over nine per cent of all invitations issued.

Canada’s Provincial Nominee Program (PNP) works to spread the benefits of immigration more evenly across Canada by allowing participating provinces and territories to nominate a set number of economic immigration candidates for permanent residence each year.

Every province and territory with an immigrant nominee program now has at least one immigration stream that is linked to the federal Express Entry system, which manages the pool of candidates for Canada’s three main federal economic immigration programs — the Federal Skilled Worker Class, Federal Skilled Trades Class and the Canadian Experience Class.

Express Entry candidates who receive a provincial nomination are awarded an additional 600 points toward their Express Entry ranking score, which effectively guarantees an ITA in a subsequent Express Entry invitation round held by Immigration, Refugees and Citizenship Canada (IRCC).

The increase in ITAs issued to provincial nominees reflects the growing importance of the PNP to the federal government’s overall immigration strategy. In its 2018 report to Parliament, IRCC noted that the PNP has grown “exponentially” since its implementation in 1996 — from 233 admissions in 1996 to 49,724 in 2017.

Of these nearly 50,000 new permanent residents admitted through the PNP in 2017, 13,531 were Express Entry candidates and their family members. IRCC said this was an increase of 73 per cent over Express Entry admissions in 2016.

Regular invitation rounds through Ontario’s Express Entry-linked French Speaking Skilled Worker Stream continue this month, with 13 invitations to apply for a provincial nomination for permanent residence issued on December 13.

The invitations followed 45 that were issued December 6 and bring the month-to-date total to 58 invitations through the French-Speaking Skilled Worker Stream in December.

It’s been an active 2018 for the stream, which has now issued 1,609 invitations or Notifications Of Interest (NOIs) over the course of the year through near weekly draws. November alone saw the Ontario Immigrant Nominee Program (OINP) issue NOIs through it on five occasions.

The vast majority of NOIs issued in 2018 have come through Ontario’s three Express Entry- linked streams, which also include the Human Capital Priorities and Skilled Trades streams.

The Express Entry system manages the pool of candidates for Canada’s Federal High Skilled immigration programs — the Federal Skilled Worker Class, the Canadian Experience Class and the Federal Skilled Trades Class.

Express Entry candidates who receive a NOI and successfully apply for a provincial nomination are awarded an additional 600 points toward their Comprehensive Ranking Score, which determines their position in the Express Entry pool.

These additional 600 points effectively guarantee an invitation to apply for Canadian permanent residence from the Government of Canada.

The French-Speaking Skilled Worker Stream allows the OINP to search the Express Entry pool for eligible French-speaking candidates with strong English language abilities.

Candidates must be eligible for either the Federal Skilled Worker Class or the Canadian Experience Class, and meet specified provincial criteria in order to be considered for a NOI from the OINP.

The PNP’s growth is also helping alter settlement patterns away from Canada’s largest cities, which have long attracted the vast majority of newcomers to Canada.

Provinces like Nova Scotia, Prince Edward Island, Manitoba and Saskatchewan all have Express Entry-linked nominee programs that have been active in 2018.

"The initial location decision of [economic principal applicants, or EPAs] is a very strong predictor of their location years later," the study said. "Indeed, only about 11 per cent of EPAs have moved to or out of [Montreal, Toronto or Vancouver] by 10 years of landing."

A trend was identified in a new report by Statistics Canada, which found that most economic immigrants remain where they first settle, be it a larger city or outside one.

"Express Entry candidates should really get to know Canada’s various provincial nominee programs, especially given their rising star status in Canada’s immigration strategy," said David Cohen, senior partner with the Campbell Cohen Canadian immigration law firm in Montreal. "The allure of big cities like Toronto, Montreal and Vancouver shouldn’t obscure the great things that provinces like Nova Scotia, Prince Edward Island, Manitoba and Saskatchewan have to offer."

The rising number of candidates in the Express Entry pool with a provincial nomination and the 600 points that go with it may be partly responsible for the increase that we’ve seen in Express Entry minimum scores in 2018, which haven’t gone below 440.

If this trend continues, obtaining a provincial nomination may now be one of the best bets for receiving an ITA for Express Entry candidates with scores below 440.

A recent pilot program that connects skilled immigrants with employers in Quebec’s outlying regions is turning beneficial for companies in the mining city of Val d’Or.  An initiative of Quebec’s federation of chambers of commerce (FCCQ) with funding from the provincial government, the pilot addresses labour shortages in eight regions.

The pilot, organizes job fairs with local companies in need of workers and charters travel for job-seeking immigrants to meet with them. It’s recent success in Val d’Or, a city of over 33,000, is an example of the pilot’s growing success.

A brief overview:

-Groups of around 25 skilled newcomers, many with potential job offers, are flown to Val d’Or aboard a chartered flight.

-Upon landing, they are met by members of the local chamber of commerce and given a bus tour of the city to see its sites and get a feel for the quality of life that Val d’Or offers.

-The job-seekers are then split into smaller groups to visit some of the city’s main employers and then meet with recruiters to discuss employment possibilities.

-The interaction that the trip provides with locals is seen as key and serves to break down barriers that can prevent a newcomer from feeling welcome and wanting to stay.

It has been cited as an ‘An exceptional initiative’ in an interview with Radio-Canada.

Stéphane Ferron, President of the Val d’Or Chamber of Commerce, said his city was one of the first to implement the Government of Quebec-funded pilot project.

This program is an absolute winner as it allows people to see the place where they’re being recruited and adequately improves and increases the chances of their integration and retention in the workforce.

Following this a number of families have moved up there after finding work. Retaining and finding jobs for all 25 is ideal but even if a few could be made to stay back and settle, their future generations might help mitigate the shortage and become future ambassadors for for Val d’Or.