Karl Waheed published a document entitled "Client Alert - Professional Immigration News" on 21st November 2016. This document explains the effect of the implementation of "The Law on the Rights of Foreigners in France" dated 7th March 2016. It covers all the decrees and orders that have followed establishing the legislative and regulatory framework for professional immigration in France. To read the document please click here
An Article by Sergio Karas entitled, “Court sides with employer in dispute over foreign worker wage calculation“ was recently published in, “HR Reporter. The National Journal of Human Resources Management”. To read this Article click here.
This Article was previously published in, "Canadian Employment Law Today". See Canada 10/10/2016 below.
Sergio Karas published the following Article in the latest edition of " Canadian Employment Law Today".
"Court sides with employer in foreign worker wage calculation dispute. Confusion over what data to use in calculating prevailing wages for an occupation in a certain region."
THE FEDERAL Government's changes to the Temporary Foreign Worker Program and Labour Market Impact Assessments have kept employers employing foreign workers busy. Between getting up to speed on the changes and changing their practices to meet the new legal demands, it's not uncommon for employers to be confused over
some of the new requirements.
It can add to the confusion when the officers doing the assessments aren't consistent on some of the requirements — such as what happened when one employer's application became problematic when different data was used to determine wage levels the employer must follow.
Employers familiar with the Labour Market Impact Assessment (LMIA) process are aware that, in order for an application to be successful when requesting authorization to hire a foreign worker, one of the criteria that must be met is the requirement to pay the prevailing wage for the position being offered. However, the Immigration and Refugee Protection
Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) do not specifically define how that prevailing
wage, which varies from region to region, must be calculated.
In Paturel International Co. v. Canada (Minister of Employment and Social Development, the Federal Court decided that the prevailing wage in the circumstances of that case had been set too high and the Temporary Foreign Worker Program (TFWP) officer committed a reviewable error by relying purely on data relating to median wages in the geographical area where the employer was located, which were not representative of the wages paid by employers in the region.
To read the full Article click here
Canada - Illegal immigrants not entitled to injury compensation from public funds: Ontario Court decides.
Sergio Karas was quoted in the National Post on 29th September 2016 in an Article written by Adrian Humphries.
The Article considers the implications of a recent case in which a claim for compensation out of public funds by a person injured in a car accident was refused by the court in Ontario on the grounds that the victim did not have legal status. Mr Karas stated that "The case highlights limits placed on immigrants without legal status in Canada. This case should sound a cautionary note for those individuals who have obtained driver's licences and drive motor vehicles without immigration status ". To read the full Article click here.
Canada - Changes cause headaches for foreign work application. Employer's application to Temporary Foreign Worker Program denied after interpretations of the 2014 changes made its application incomplete.
By Sergio Karas
An Article under the above title, written by Sergio Karas, was published in "Canadian Employment law Today" on 27th May 2016.
Recent changes to the Temporary Foreign Worker Program ( TFWP) have caused considerable difficulties to employers looking to hire temporary foreign workers. June 2014, the federal government implemented significant modifications to the program and replaced Labour Market Opinions ( IMOs) with a more complex regime of Labour Markey Impact Assessments ( LMIAs). The changes include a strict interpretation of advertising and compliance guidelines that employers must follow in order to avail themselves of the TFWP, increased scrutiny on reasonable efforts to hire Canadians, monitoring of wages and working conditions and a consideration of proposed transition plans to eventually replace foreign workers with Canadians or permanent residents. The new TFWP regime has been the subject of recent litigation dealing with the interpretation of these guidelines.
The Article examines recent decisions and their implications.
United Kingdom - Major future changes to the Tier 2 category of the Points Based System in the UK have been announced by the Government in response to the Migration Advisory Committee’s (MAC) Report published earlier this year.
By Graeme Kirk
Graeme Kirk published the following article in the Gross and Co, Immigration Newsletter for May 2016.
"Major Future Changes to Tier 2 Announced by Government"
In response to the Migration Advisory Committee’s (MAC) Report published earlier this year, the Home Office has announced that reform of the Tier 2 category of the Points Based System will be implemented in two stages, later this year in the Autumn and then in April 2017.
The main changes include:-
Tier 2 (General)
Tier 2 (General) salary thresholds for experienced workers will be increased in two phases to £25,000 in autumn 2016 and to £30,000 in April 2017, although some health and education professionals will be exempt from the higher threshold until 2019. (The minimum threshold of £20,800 for new entrants will however be maintained).
Nurses will remain on the Shortage Occupation List, but Sponsors will need to carry out a Resident Labour Market Test before recruiting a nurse who is a non- EEA national.
The Government will not be implementing changes recommended by the MAC for Tier 4 students switching to a Tier 2 visa and employers will be able to continue to recruit students without being subject to the annual cap on Tier 2 (General) and without having to carry out a Resident Labour Market Test.
The Tier 2 (General) annual limit of 20,700 for Restricted Certificates of Sponsorship will remain in place.
Tier 2 (Intra Company Transfers)
Immigration Skills Charge
An Immigration Skills Charge will be levied on Tier 2 employers at a rate of £1,000 per person per year from April 2017, with a reduced rate of £364 for smaller businesses and charities. There will be an exemption for PhD occupations, Tier 2 (ICT – Graduate Trainees) and Tier 4 student switching to Tier 2.
The Government intends for the changes to the Immigration Rules for work categories to be fully implemented by April 2017 and for the changes to simplify the Rules. The Government has also announced that it would not restrict or remove dependents of Tier 2 migrants’ automatic right to work in the UK, as discussed in the MAC Report.
For further information on the changes and our services, please contact Graeme Kirk at email@example.com, Sohan Sidhu on firstname.lastname@example.org, or Naomi Ogo on email@example.com
Canada - Auditor General Michael Ferguson issued his Spring Report on Tuesday, May 3, 2016. It concludes that cracks in the system allow fraudsters to get citizenship.
By Sergio Karas
Sergio Karas was quoted in the Toronto Star on May 3, 2016, in an article written by Nicholas Keung, the immigration reporter, headed - " Cracks in system allow fraudsters to get citizenship, auditor finds. Investigations opened into at least a dozen cases in the wake of auditor general’s report, Immigration Minister John McCallum says."
Quote - “Both immigration and the border services are not up to the task in policing and prosecuting fraud because there are no consequences and a lot of incentives to commit it,” said Toronto immigration lawyer Sergio Karas. “We need to face up to the fact that most frauds are committed in certain parts of the world and we need to target our efforts.”
Read article below
By Sergio Karas.
On 31st March 2016 Sergio Karas was quoted in the Globe and Mail in an article by Simona Chiose, entitled "Express Entry Program skewed too heavily toward in-demand jobs: critics."
Netherlands - How will Directive 2014/66/EC on intra-corporate transfers impact on the business migration in Europe? Intra-EU mobility; an ICT dream coming true?
By Ted L. Badoux - Managing Partner of Everaert Advocaten in Amsterdam, the Netherlands.
Twenty-six member states of the European Union have committed themselves “to bring into force the laws, regulations and administrative provisions necessary to comply” with Directive 2014/66/EC of 15 May 2014 on the conditions of entry and residence of third country nationals in the framework of an intra-corporate transfer. They must communicate the text of their measures to the European Commission in Brussels, ultimately by 29 November 2016. Failing timely implementation into national law, the articles of the ICT Directive conferring rights to applicants will then have a direct and binding effect.
Once again Denmark, Ireland and the UK have opted out of an important framework of EU law on the labour migration of third-country nationals. In this article I want to briefly capture what the Netherlands as one of the signing member states has not taken a pass on.
Effective as from 2nd December 2015, foreign individuals seeking to obtain a permanent work permit and visa based on their investment in local productive activities (usually materializing as investments made in Brazilian companies) will now have to produce evidence of an investment of BRL500,000.00 (currently equivalent to approx. USD 135,000.00) to succeed in their application.
Normative Resolution No. 118/2015, which revokes Normative Resolution No. 84/2009 (which contemplated a much lower investment of BRL 150,000.00 for obtaining such work permit/visa), was published in the Official Gazette on 2nd December 2015 and is a clear move by the Brazilian Government to attract enhanced foreign direct investments amidst the serious economic crisis currently experienced by Brazil and which has devalued the Brazilian real by more than 50% in the last 12 months.
Foreign individual investors should note that the new investment threshold applicable to them is still significantly lower than that required by European and North American countries.
In addition, the minimum investment threshold required by foreign corporate entities to obtain permanent work permits/visas for their executives to occupy managerial positions in their Brazilian subsidiaries and affiliates has remained unaltered at BRL 600,000.00 since 2011.