Immigration Presentation - PowerPoint Presentation

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Immigration Presentation

Dallas Pelkey, Regulated Canadian Immigration Consultant, Immigration Services Unit, Human Resource Services

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RAD 302Slide2

Pitfalls and Piques

SecondmentsAdjunct ProfessorsChanging Circumstances Transparency and Disclosure

Foreign Visitor Category AssessmentsPrizewinners Venues for Bringing Foreign Visitors to Campus

Recent/Upcoming Positive Changes in Immigration

Q and A

Agenda

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Protect the foreign visitor

Protect the University and its reputationAvoid delays and time wasted handling problems

Protect yourself!Why Talk About Pitfalls and Piques?

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Annually, 1 in every 3 employers is audited by IRCC (immigration).

$230 Employer Compliance fee is used to finance a federal Compliance Unit.Non-compliance can result in sanctions, fines, damage to University’s reputation, imprisonment.

Audits by Federal Government

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For Canadian citizens or permanent residents of Canada, secondments are uncomplicated and acceptable.

For most foreign nationals, secondments require that terms and conditions be formally changed.Exceptions to the need for formally changing terms and conditions?

Secondments

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Holders of:

Postgraduate work permitsOpen spousal work permitsBridging open work permits

Study permits

Exceptions to the Need for Changing Terms and Conditions

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Follow the money.

Monies originating from and directly paid by host or U of A.Monies originating from and directly paid by funding organization.

Monies awarded (by granting organization) to foreign national but disbursed by U of A host.Other monies originating from an external source; routed to the host; and then paid to the foreign national.

Paying Foreign Nationals Directly and Indirectly

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“Work means an activity for which monies are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market

."

Definition of WorkPer

Immigration and Refugee Protection Act

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If they only carry out research on their own projects, then no work permit is required.

If they carry out additional activities, a work permit may be needed. Mentor studentsMark papers

TeachSupervise research projectsOther

Adjunct Professors

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Accurate information and full disclosure is required.

Individual who submits the FVCA makes a formal declaration that the information is accurate…. I declare that the information that I have provided on this form is complete and accurate. I understand that if I have provided false or misleading information on this form, or in connection with the above-mentioned individual's stay at the University of Alberta, it could be an offense and could subject me personally to penalties under the Immigration and Refugee Protection Act.

Transparency, Full Disclosure and the Foreign Visitor Category Assessment (FVCA)

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Immigration Services’ Consultants contact Canadian immigration authorities and formally submit information listed on the FVCA.

Consultants must make a formal declaration to federal immigration authorities. They also become legally liable for inaccuracies or deviation from the terms and conditions of the foreign national’s stay in Canada.

FVCA’s cont’d

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I confirm that I have read and understood the contents of this form. I declare that the information that I have provided in this form is true, complete and accurate. I confirm that I understand that if I have made a false declaration or have otherwise provided false or misleading information the potential employee's application could be rejected. I further confirm that I understand that providing such

false or misleading information, making a false declaration or failing to declare all information material

to the potential foreign workers application could be an offense and/or constitute non-compliance under the Immigration and Refugee Protection Act.

FVCA’s

cont’d

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Once FVCA information has been formally submitted, immigration’s system doesn’t allow for amendments. Instead:

the file must be formally withdrawna refund of the original fee payment must be requesteda new file must be created

a new fee must be paidChanges to FVCA’s

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Reciprocal exchanges

Research Award RecipientsInternational Exchange Programs NAFTA

Common Venues for Bringing Foreign Visitors to Campus

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Reciprocity must exist.

Terms of visits must be similar or the same.Agreement must be included with invitation. Obtain consent for release of information.

Keep record (for 6 years) of visits to/from Canada.

Common Venues: Reciprocal Exchanges

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Award must be based on foreign national’s academic excellence.

Award must be directly in foreign national’s name. Host or U of A can supplement award but amount must be substantially less than the amount of award.

Any supplement must be declared in FVCA and invitation.

Common Venues: Research

Award Recipients

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Not all countries participate.

Participation is generally limited to particular age groups (typically, 18-35).Duration of visit is generally up to one year. Some programs allow repeat participation.

Program may have annual quota.Program may have application deadline.

Common Venues: International

Exchanges

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Citizens of Canada, Mexico and USA can participate.

Job must be temporary.NAFTA includes a list of professional occupations.

Universities most often access Research Assistants, Research Associates, Scientific Technicians, Professors.

Common Venues:

NAFTA

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Postdoctoral Fellows (PDFs) are governed by immigration legislation taxation law and employment legislation.

Under immigration legislation, PDFs carry out activities that are deemed to be work.In Alberta, PDFs have not been treated as employees.

Postdoctoral Fellows

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Under Bill 7, PDFs are now considered to be employees.

PDFs will pay CPP and EI premiums.On a go-forward basis, this change will be advantageous for PDFs.

Will take time for PDFs to gain credit for work experience.Postdoctoral Fellows cont’d

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PDFs will now

be eligible to apply for permanent residence through a provincial program for which they were previously ineligible. Work as a PDF will be given credit* under 2 of the most commonly-used federal programs for permanent residence.

*It is unknown whether credit will be awarded retroactively.

Postdoctoral Fellows

cont’d

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If foreign national was hired into a tenure-track position and now needs to renew his/her work permit, it may not be necessary to re-advertise the position.

If the rank remains the same, it isn’t necessary to re-advertise.If the rank has changed, it may be necessary to re-advertise.

Advertising Requirements

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Federal government has plans to ease requirements for short-term visits.

Changes are aimed at academic community.Details unknown.Announcements are expected in June, 2017.

Changes to Requirements for Short-Term Visits

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In September, 2016, Canada and China announced launch of exploratory discussions on potential free trade agreement.

Global Affairs Canada visits Alberta on May 30-31, 2017. Public consultations will take place.U of A will provide input.

Canada-China FTA

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Temporary positions for Professors and Research Assistants, Research Associates and Scientific Techs are currently covered under NAFTA.

Potential for positive changes.Announcement of federal government’s formal consultation process is expected soon.

NAFTA

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immigration.services@ualberta.ca

http://www.hrs.ualberta.ca/en/HiringandManaging/Immigration.aspx

Dallas Pelkey: 780-492-2796Cyndi Killingsworth: 780-492-6072

Trisha Kasawski: 780-492-8177

Contact Information

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Questions?

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