Atinitonews.com : Philippine News Feature - Canada to increase number of foreign students

Canada to increase number of foreign students
by Atty. Gregory James

Although no details have been released yet, Canada's Immigration Minister has just announced that Canada will "substantially increase" the number of foreigners allowed to study in Canada. In 2008 Canadian schools welcomed almost 80,000 foreign students.

Canada benefits from this arrangement, and so do foreign students.

Canada benefits from these students in a number of ways. First, foreign students bring scholastic achievement to Canadian colleges and universities. Second, their student fees help support Canada's post secondary education system. And third, they will have opportunities to gain Canadian work experience, which (combined with their studies) will allow most of them to qualify for permanent residence, and many of them will choose to stay here. All of these things enrich Canadian society and Canada's economy.

Foreign students benefit from studying at Canada's highly regarded schools, the opportunity to work in Canada, and enjoy the personal safety they feel when walking Canadian streets. They make good friends while studying in Canada, and sometimes even meet their future husband or wife here.

Most foreign students will be allowed to work part time while studying and full time upon graduation and then, with their Canadian education and Canadian work experience, to obtain permanent resident status in Canada. Permanent residence leads to citizenship.

A rise in the number of foreign students is a very good thing, because given recent changes in our economy and in the skilled worker category other forms of migration may fall off in 2009.

Under these circumstances, it makes sense that Canada allows more foreign students into Canada and to earn the educational credentials and work experience that will ultimately make them excellent Canadian citizens, and will leave them well placed to take advantage of a stronger Canadian economy that emerges when the economy recovers in 2010 (as projected by economists).

Hiring foreigners as temporary workers

There are a number of ways that Canadian businesses can hire full time foreign workers. But there are some basic rules. First, the employer has to be an established business, not a brand new business. Second, the worker has to qualify for the job. Third, the job offer has to be genuine, for a real business purpose, and not just for immigration purposes.

Each of these three factors can result in a case being rejected, and each is supported by a number of regulations and other rules.

There are many ways to do this, but In most cases there are two main steps.

The first step is a request from the employer for permission to hire a foreign worker. This request goes to Canada's Human Resources Department (Human Resources and Skills Development Canada - HRSDC). HRSDC reviews the employer's credentials as an established business, but also assesses whether or not the employer should be allowed to hire a foreigner.

HRSDC must be satisfied that

The business is well established.
There are no Canadians reasonably available to do the work.

In most cases, only if HRSDC is satisfied that the employer made a genuine effort to hire a Canadian will HRSDC approve hiring a foreigner instead.

The second step is the foreign worker's application for a work permit which must be made at a visa office or at a Canadian port of entry. The visa office does not give a work permit automatically just because an employer has obtained HRSDC approval. It is not unusual for workers to be refused a visa by the visa office even with HRSDC approval.

Among other things, the visa office will assess the worker's credentials to make sure they qualify for the work, consider whether or not the worker can be trusted to follow Canada's immigration rules, and check to make sure the worker does not have a criminal background or have relevant health problems.

This is the process through which most work permits are issued, but there are many other ways too, which involve Canada's international trade agreements, special jobs which are in very high demand, and some short term temporary work such as setting up newly delivered equipment.

We hope that this newsletter has been helpful to you

If you would like help with a Canadian immigration matter, you are welcome to contact Gregory James at 416.538.1301 or 905.502.3502, or at info@GregoryJamesLaw.com. See our website at www.GregoryJamesLaw.com