De huidige stand van zaken mbt PR visa in de Skilled Worker Class

Onlangs kreeg ik een update met betrekking tot het aanvragen van een PR visum in de zgn. Skilled Worker Class.

Wellicht nuttige informatie voor degenen die net met deze procedure zijn begonnen, danwel degenen die op het punt staan dit te doen. De belangrijkste wijziging van de regeling is de invoering van de zgn ‘Visa Caps’.
Dit houdt in dat er een limiet is gesteld aan het aantal aanvagen per Skilled Worker categorie per jaar. De bijlage vermeldt hoeveel aanvragen er tot 8 februari 2011 inmiddels zijn ingediend.

De brief is afkomstig van het Migration Bureau, een organisatie die actief is op het gebied van dienstverlening bij het aanvragen van visa (voor Canada, Australie en New Zealand).

Rob

Hieronder volgt de tekst van de brief met bijlage.

*Dear Mr RJ Evers

Re: Migration to Canada – Skilled Worker Class

We write to further inform you about important matters relating to your plan to migrate to Canada.

We trust that the below information will enable you to understand the road ahead for your application under the Skilled Worker Class.

Processing Time

Information on how long it will take to process your application can be found here: http://www.cic.gc.ca/english/information/times/perm/skilled-fed.asp

Citizenship and Immigration Canada note the following regarding processing time. You have our assistance with many of these matters, but you may still be interested to be aware of them:
Processing times

The length of time it takes to process applications varies depending on where you applied.

You may be able to avoid unnecessary delays by:

· making sure that all the necessary information is included with your application
· notifying the visa office of any changes to personal information on your application, such as your address, telephone and fax numbers or a change in the makeup of your family
· avoiding repeated inquiries to the visa office
· following all instructions from the visa office in a timely manner
· ensuring that the photocopies and documents you provide are clear and legible, and
· providing certified English or French translations of original documents that you submit in other languages.

Your application will be delayed if the office processing it has to take extra steps to assess your case. Your application will take longer if:

· there are criminal or security problems related to your application, or if additional security background checks are required, or
· your family status is not clear because of a situation, such as a divorce or an adoption that is not yet complete or child custody issues that have not been resolved.

Visa Caps

As of 26 June 2010, Citizenship and Immigration Canada will consider a maximum of 20,000 Federal Skilled Worker applications in the following 12 months. Within this 20,000 cap, a maximum of 1,000 Federal Skilled Worker applications per eligible occupation will be considered for processing each year.

It is important to note that these limits do not apply to you if you obtain an approved offer of arranged employment. If they do apply to you, it is important to note that they could be reached at any time with no guarantee that your occupation will be reinstated on the list of eligible occupations once the cap has been reached. If you are applying under an eligible occuption, it is therefore very important that you compile and lodge your application, if you have not done so already, as soon as possible.

Attached is the latest information on the visa caps from Citizenship and Immigration Canada (red: bijgewerkt tot 8 februari 2011).

(Dit is de bijlage met het overzicht)

Citizenship

If you obtain permanent residence, you’ll probably want to know what further steps are required to obtain citizenship. We set out the following for your information in this regard:

To be eligible to become a Canadian citizen, you must meet the requirements in all of the following areas:

Age

You must be at least 18 years old to apply for Canadian citizenship.

To apply for citizenship for a child under 18, make sure the following conditions are met:

· the person applying is the child’s parent, adoptive parent or legal guardian
· the child is a permanent resident, but does not need to have lived in Canada for three years; and
· one parent is already a Canadian citizen or is applying to become a citizen at the same time. This also applies to adoptive parents.

Permanent resident status

To become a Canadian citizen, you must have permanent resident status in Canada, and that status must not be in doubt. This means you must not be the subject of an immigration investigation, an immigration inquiry or a removal order (an order from Canadian officials to leave Canada).

Time lived in Canada

To become Canadian citizens, adults must have lived in Canada for at least three years (1,095 days) in the past four years before applying. Children under the age of 18 do not need to meet this requirement.

You may be able to count time you spent in Canada before you became a permanent resident if that time falls within the four-year period.

Language abilities

Canada has two official languages—English and French. You need to have adequate knowledge of one of these two languages in order to become a Canadian citizen.

The citizenship knowledge test and your interaction with CIC staff will be used to assess if you have an adequate ability to communicate in either English or French. CIC staff will observe

· your ability to understand basic spoken statements and questions, and
· your ability to communicate basic information or respond to questions.

For example, as part of your interaction with departmental staff or as part of your written test or your interview with a citizenship judge, you will be expected to:

· answer simple questions on familiar topics, using short sentences;
· show that you know enough words for basic everyday communication;
· tell a simple story about everyday activities;
· speak about something you did in the past (or will do in the future);
· give simple everyday instructions and directions; and
· express satisfaction or dissatisfaction.

Criminal history (prohibitions)

You cannot become a citizen if you:

· have been convicted of an indictable (criminal) offence or an offence under the Citizenship Act in the three years before you applied;
· are currently charged with an indictable offence or an offence under the Citizenship Act;
· are in prison, on parole or on probation;
· are under a removal order (have been ordered by Canadian officials to leave Canada);
· are under investigation for, are charged with, or have been convicted of a war crime or a crime against humanity; or
· you have had your Canadian citizenship taken away in the past five years.

If you are on probation or are charged with an offence and are awaiting trial, you should wait until after the probation has ended or the trial is over to apply for citizenship.

If you have spent time on probation, on parole or in prison in the last four years, you may not meet the residence requirement for citizenship.

Time in prison or on parole does not count as residence in Canada. Time on probation also does not count as residence in Canada if you were convicted of an offence. If you have spent time on probation from a conditional discharge, it may be counted toward residence.

Knowledge of Canada

To become a citizen, you must understand the rights and responsibilities of citizenship, such as the right and responsibility to vote in elections. You must also have an understanding of Canada’s history, values, institutions and symbols.

The information you need to know is provided by in a free study guide available at http://www.cic.gc.ca/english/resources/publications/discover/index.asp Citizenship and Immigration Canada will send you a copy of it once they have received your application. The questions in the citizenship test are based on the information in the guide.

Yours Faithfully

Mark Saunders BSc BA (Hons) LLB (Hons)
Migration Project Consultant
&
Tracey Dowdeswell, LLB, BCL, MA, PhD Cand. (Osgoode)
Law Society of British Columbia 505209*

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