Brownstein, Brownstein, and Associates

Brownstein and Brownstein Newsletter

The following newsletter provides readers with the most up to date information on immigration and international business news. Should you have an item of interest to our readers please email us and we may include it in the NEWSLETTER. We appreciate your input.

written December 11, 2000

WHAT YOU CAN AND CAN'T TAKE WITH YOU

An immigrant's household and personal effects can be admitted into Canada duty free but not goods brought in for use in a business manufacturing establishment or a contractor's outfit. Temporary residents visiting for a period of not longer than 12 months or who remain in Canada for employment for a period not exceeding three years or remain in Canada to study, are not considered settlers but are allowed to import personal and household effects including cars, on a temporary basis. These personal and household effects are not taxed so long as they remain in Canada only for the period of time that the temporary resident resides in Canada. In the case where a temporary resident subsequently obtains permanent residence, only the goods which were owned and in the possession and use of the person prior to the date of application for permanent resident status will qualify for free importation.

All goods, including cars, admitted into Canada tax free and which are sold within 12 months, are subject to duties and taxes. Any goods for use in a business or manufacturing establishment such as office equipment and machinery are not admissible tax free. Pets may be admitted from the USA with limited proof of certification, but animals coming from other parts of the world will require inspection and may be subject to quarantine. If you take a car into Canada you must ensure that it has been specifically manufactured to meet Canadian standards and bears a compliance label.

A list of all goods to be imported must be prepared by the settler divided into those items accompanying the owner at the time of arrival and those which are to arrive at a later date. All valuable pieces of jewellery should be accompanied by an official appraisal report.

written October 15, 2000

PREVIOUS MEDICAL PROBLEM NOT NECESSARILY GROUND FOR MEDICAL INADMISSIBLITY

All indiviuals wishing to immigrate to Canada must pass medical and security clearance. The test towards medical inadmissiblity is based on the following question: Is the applicant carrying a contagious desease or one that will be a burden on the Canadian free health care system. It is important to note that free health care must be available to all, based on the Charter of Rights and Freedoms and this right cannot be waived. Therefore, for example someone who requires dialysis cannot offer to pay for the treatment as a way to avoid inadmissibility.

In 1995 I met a very special family in Bulgaria who wished to immigrate to Canada. Based on the regulations of that time they were inadmissible. However, the wife was eligible to come to Canada on a Live-In Caregiver work permit. Under this program, after working for 2 years as a domestic worker she would be eligible to apply for landed immigrant status for herself and her family. The decision was a difficult one, since she would have to be a part from her family including her husband and teenage daughters for a minimum of 3 to 4 years, the time necessary to complete the 24 month requriement to be allowed to apply for residency and at least another year to process the residency application.

During her stay in Canada as a Live-in caregiver worker, she was diagnosed with breast cancer. Under Canadian law all workers have access to free medical care while working in Canada. Chemotherapy and surgery resulted in a complete recovery. During her treatment she continued to work and after obtaining 24months of work experience under the program applied for permanent residency for her family. The entire family had to undergo medical exams and were all accepted as permanent residents despite her history of breast cancer.

The regulations rate each desease and the level at which it is considered as inadmissible. Fortunately in this particular case the recovery was complete and the chance for recurrance reasonably small.

Applicants should therefore, realize that a previous serious illness may not be grounds for inadmissibility to Canada and should seek legal counsel to determine ones eligibility based on the particular circumstances. Often a good submission by ones attorney citing similar cases where applicants were allowed to immigrate is most helpful.

written July 7, 2000

FAMILY BUSINESS PROVIDES SPECIAL PRIVILEGES

Canada has always been in favour of family reunification. Therefore certain programs exist to make this possible. Under present immigration regulations, individuals may sponsor parents, grand-parents, dependent children, and spouses to immigrate. However, uncles, aunts, brothers, sisters, and other such relatives may not be sponsored in general terms, unless they use the Family Business sponsorship route.

The Canadian relative must prove to immigration that it is more reasonable to hire the foreign relative, than to hire a permanent resident or Canadian citizen already residing in Canada. The key aspect is the position must be one of trust, whereby it is very difficult to find an individual outside the family that would be as committed to the success of the family business. The standard practice of employment validation whereby one must prove that there is no Canadian to fill the position is not required under this program.

In order to meet the immigration criteria for the family business sponsorship program, the Canadian relative must prove that the job offer if real and with long term prospects. In addition, the wages and working conditions must be similar to those that would be offered a landed immigrant or Canadian citizen. Unless the business is bringing in the relative for expansion purposes, it must have exisited for at least one year and have shown reasonable profits. It must further be proven that the foreign relative has the necessary education and or work experience to fill the position.

The procedure to file such an application, is by having the Canadian or Permanent resident sponsor, file the application for approval of the job offer at a Canadian Immigration Center in Canada. Once approved, the Canadian immigration office overseas where the foreign relative lives will be notified and the relative will be contacted to complete processing procedures.

written June 15, 2000

Quebec Investor Program Reform

As of June 8, 2000 the Quebec Immigrant Investor Program has undergone major changes to help improve the program to the benefit of the immigrant investor and the Canadian Companies receiving the investments.

The amount of the investment remains at $400,000 Canadian for a 5 year term, as is the case for the investor program in the other provinces across Canada. In Quebec the investments will be made by brokers approved by the government and most of whom have been working in these feild for many years. This insure sthe timely investment of the money as brokers have eleigible companies who are looking for these funds on a regular basis, unlike a governement body who is not in this line of work, which is the case for the rest of Canada.

In addition in order to protect the investor a new government body has been created to hold the money sent over by the immigrant investors until such time as the brokers find the eligible investment. It is this agency that will be responsible for dividing the revenue on the investment money between immigrant investor and Canadian corporation aswell as to the intermediaries involved in setting up the deals. Therefore brokers and consultants will only be able to receive a fixed fee from this investment for their service. This gives the Canadian companies a better rate of financing and the investor a higher rate of return on the investment.

Another benefits of the program are that the Government of Quebec will personally guarantee the return of the money to the investor should the Canadian company go bankrupt and will allow investment of the money on approval in principle (receipt of certificate of selection from the Delegation of Quebec), prior to completion of medical and security clearance. This allows the 5 year term to start running, enabling the 400,000$ invested to be returned to the investor sooner upon his arrival to Canada. In the event of failure for medical or security reasons the Quebec Governement will return capital and interest to the investor.

With these modifications it is clear there is no better program for investment in Canada. Applicants can rest assurred that their money is secure and that they will receive the highest interest rate available anywhere in Canada as all brokers in Quebec will be treated equally under this new system.

written May 15, 2000

Bill "Flawed"

On April 6, 2000 Bill C-31 was introduced into Parliament and amends in large part certain key elements of the Immigration Act.

On a positive note, sponsorships have been extended to include common-law partners.

However, in the opinion of this writer, this law which deals particularly with selection and control issues has many flaws. The Bill is more concerned with enforcement than the rights of permanent residents.

To begin with, under the present Act the status of permanent residents is a defined guaranteed right where immigrants may enter Canada until their loss of status be proven through inland court hearings. Under Bill C-31 there is no defined status for permanent residents, who are now collectively defined as 'foreigh nationals', which also includes visitors, workers, students, refugees and illegals. Under the Bill proof of status would depend on the carrying of a card that is valid for 5 years terms. If this card has expired, is lost or stolen while the permanent resident is outside Canada the Bill presumes the individual not to be a permanent resident. In that eventuality they would not be allowed to board a plane to return to Canada and would be denied entry at any port of entry. Applications for renewal of the Card would be done overseas and a refusal could only be appealled in writing without any trial in person thereby removing the benefit of testimony or witnesses from the immigrant appeallant. The Bill also does not allow any new evidence to be presented in the written appeal. Additional evidence often can demonstrate that the immigrant has been legitimately residing in Canada. The Bill states that the appeal tribunal is only allowed to look to see if the officer who made the decision made an error based on the information before him at the time of refusal. Failure of the appeal means the loss of permanent resident status.

Bill C-31 futher allows for the review of any permanent resident's status at any time, whereby they may be called in for examination. Under the present Act such review is only requested should an immigration officer at a port of entry deem it necessary upon meeting an individual requesting entry to Canada.

The present Act guarantees the right of entry to all permanet residents until thier status has been deemed invalid by tribunals inside Canada. Further any decision to remove status is appeallable to the Immigration and Refugee Board. This practice is far more just and respects the rights of the indiviual.

Bill C-31 takes away the right of appeal from a removal order, based on a permanent resident's conviciton for a crime resulting in a 2 year sentence.

Bill C-31 requires leave for Federal Court judicial review for decisions made overseas by visa officers. The present Act allows for Federal Court judicial review of any refusal by a visa officer overseas, without the need to request permission (leave) to appeal. This new requirement essentially removes the guarantee of a valid review process, as allowed under the current Act.

Bill C-31 limits or prohibits access to inland refugee determination by, preventing claimants with improper documents from boarding aircraft, imposing stricter criteria and allowing only one application to the inland tribunals in the applicant's lifetime.

Bill C-31 provides for the removal of permanent residents and refugee claimants prior to completion of the review process. Therefore in the event that the applicant wins the review he or she will have been separated from family, friends, job and life in Canada at great human cost for no reason.

In conclusion, it is the opinion of this writer that Bill C-31 diminishes existing rights of permanent residents and refugee claimants. This Draft Bill is clearly not representative of the humanitarian reputation that Canada has been known to have for so many years.

Written April 15, 2000

YOU'RE NUMBER ONE!

Robert Lee and Mitchell Brownstein at China Business Council's 20th Anniversary in Beijing, China in November 1998. Others present included Canadian Prime Minister Jean Chretien, and Premier Zhu Rongji of China

In January I wrote an article about my grandfather's immigration from Poland to Canada in 1927. The response from readers was so positive, that I have decided to focus this column on the immigrant lives of the many members of our firm, highlighting a different individual each month. Robert Lee and Linda Wang are partners in our Immigration Consulting Company Brownstein Capital. This is their story.

Robert Lee grew up in a farmers village, with 7 brothers and sisters. He was the only child who went to University. Linda lived in Beijing with 5 brothers and sisters, all of whom finished University. While University was free, secondary school was 5 reminbis per year (the eqivalent of $2 Canadian dollars at that time), an amount too excessive for the average Chinese farmer. Growing up under a true Communist regime, Robert and Linda knew little of the western world. Jobs were all assigned by the government and salaries paid by the government, cloths were standard in style and color, cars were non-existant, except for use by government officials while everyone else travelled by bycicle or bus. Food stands existed, but few true restaurants, and no television until the reforms of 1979, when black and white televisions with 3 government stations were introduced.

Robert Lee and Linda Wang were married in China in December 1980. As language teachers at the Beijing Foreign Language University, Robert and Linda lived a typical working class life. Linda had studied Japanese in Japan and taught the language in China at the University. Robert studied english and visited Montreal to study at Concordia University. As teachers in China Robert and Linda each earned 62 reminbis per month, which in those days was the equivalent of $20 Canadian dollars. The governement provided them with an apartment at the University and after food expenses, clothes and other essentials, they tried to save 5 to 10 reminbis per month.

In 1979 the law allowing only one child was introduced. In 1981 Robert and Linda had a son, their one and only. Day care was 10 reminbis per month.

"Life in China was difficult and very little opportunity existed to experience recreational activites. We worked 6 days a week and had Sunday to clean our apartment, wash the clothes and take our son to the park. We were also expected to meet with other teachers weekly to discuss the Communist newspapers philosophies. This was called a study day and considered to be recreational." says Linda

" When studying at Concordia in Montreal, I could not believe what Canada had to offer, in terms of a general quality of life." explains Robert. "Linda's sister and brother in law who had arrived in Canada a few years earlier sponsored us under the family class which allowed the sponsorship of sisters, and we have never looked back."

In August 1986 they arrived in Montreal, Canada with their 5 year old son. He attended French school as was required in Quebec and studied English at night in High School. He now speak 3 languages fluently.

" My first job was as a typist at a Chnese newspaper in Montreal where I earned $3 per 1000 words typed, while Robert worked at an international trade company for $5.65/hour." explains Linda

"From 1987 until 1992 we opened a clothing manufacturing business and employed 30 people by our second year. In 1992 we sold the clothing manufacturing business and opened a Plastic manufacturing company which we sold in 1996, in order to pursue our dream of helping others immigrate to Canada." says Robert

Windor Capital Immigration service started operations in 1996.

"In order to best serve our clients we felt that a partnership with an established Law Firm was essential. We studied the market in Montreal, speaking with the Barreau du Quebec and visiting 5 of the most recognized firms. In May 1996 we started working together with the law firm Brownstein, Brownstein and Associates and in November 1997 we entered into a partnership with Herbert and Mitchell Brownstein. Together we formed a federally incorporated company, Brownstein Capital to pursue our joint immigration practice throughout all regions of China, aswell as to service Chinese people living around the world. Today we have 2 head offices in Shanghai and Beijing and 6 representative offices in other major cities throughout China. We assist students, independent immigrants, business entrepreneurs and investors benefit from the great experience that we have known." explains Linda

"Canada truely is the best place in the world to live. Democratic freedom, a true free market, a clean environment, good healthcare, free education and wonderful recreational activities to enjoy with your friends and family make it number one. " says Robert

Brownstein and Brownstein is a law firm specializing in immigration to Canada and the settlement of their client's after arrival. Members of the firm speak many languages and have immigrant roots from countries around the world, including, Eastern and Western Europe, Asia, The Middle East, Africa, and the America's.

written on February 15, 2000

TEAM SPIRIT

Mitchell Brownstein takes a look at one of his colleagues' own experiences of emigration

A proud moment: Prashant Ajmera meets Canadian Prime Minister Jean Chretien on last year's Team Canada trade and diplomatic mission to Japan. Prashant and thousands of other emigrants prove that Canada is a land of opportunity.

In January I wrote an article about my grandfather's immigration from Poland to Canada in 1927. The response from readers was so positive, that I have decided to focus this column on the immigrant lives of the many members of our firm, highlighting a different individual each month. Prashant Ajmera is a partner of our firm. This is his story.

From a very young age Prashant Ajmera dreamed of a better life in a western society. His studies in India followed his father and grandfather's footsteps, becoming a 3rd generation Barrister and Solicitor. When he began working in the Indian court system, he became very disillusioned by the lack of true justice and democracy. His studies had taught him of real justice yet in practice it was difficult to obtain. "Life in India would not allow the simple access to daily goods and services in a fair and equitable manner. Gas, electricity and groceries aswell as most other needs could only be guaranteed through a system of bribes." explains Prashant. Bureaucracy existed everywhere and life for Prashant was ideologically difficult and unsettling. This was not the future he dreamed of for his future family and children.

In 1988 he set off for a one month tour to Europe finally ending up in England. Once there he applied to the prestigious London School of Accountancy in an effort to obtain his Corporate Administrative qualification. Living in this Western culture was a difficult experience and indisputably a very expensive affair. Determined not to ask for any money from his family, he worked long hours doing odd jobs in restaurants and other stores, working for as long as 16-18 hours a day. He flipped hamburgers at McDonalds, worked at a Seven/Eleven grocery store, and in an Indian Celebration Decoration business.

On September 3, 1992, I met Prashant in London during one of my business trips and it was decided that he would be sponored by our firm to work as a para-legal. In 1993, Prashant returned to India and married.

The Ajmeras arrived in Canada on the 14th of November 1995 with their one year old daughter. In January 1996, he traveled with Senior Partner, Herbert Brownstein on the Prime Minister of Canada's mission to India with 200 representatives of Canada's largest businesses concerning business collaboration with Canada. At that time he was a permanent resident of Canada and a guest of Herbert Brownstein, the official representative on the mission. Three years later he became a citizen and traveled to Japan as the official representative of our firm on TEAM CANADA 1999.

"Canada is a land of opportunity and freedom," states Prashant. "There is little or no discrimination and the people are friendly. On Team Canada, in September I traveled with President's of some of Canada's largest corporations and socialized with government leaders including our Prime Minister. I was given the same level of respect as every member of the delegation and treated like a real member of a Team that appreciates each individual as an equal and contributing person in this society."

When asked about his future plans Prashant adds. " Canada will always be my home. My youngest daughter was born Canadian and my wife and elder daughter are now Canadian aswell. Ruthfie, my eldest speaks English, French and Gujuraty. Cherishing one's heritage is encouraged in Canada where a special department of Multiculturalism exists in the Government specifically for that purpose. The differences in our backgrounds is what makes us all come together as Canadians."

"My wife Hema, was not initially excited about leaving India, but now would never consider leaving Canada. The education, quality of life and community spirit both in the Canadian Indian community and the community at large cannot be compared to, in any other country around the world."

written by Mitchell Brownstein on January 16, 2000

A NEW CITIZENSHIP ACT

On November 25, 1999 -- A Bill to strengthen the value of Canadian citizenship was tabled in the House of Commons. Elinor Caplan, Minister of Citizenship and Immigration, proposed the Citizenship of Canada Act to strengthen the value of Canadian citizenship by better defining what it means to be Canadian and by setting clearer criteria for acquiring citizenship. The legislation requires that applicants be physically present in Canada for three years of the six years prior to applying.

The new legislation includes limits on the number of generations that citizenship can be passed on to children born abroad. A person born outside Canada to a Canadian will have Canadian citizenship. If that person stays abroad and in turn has a child, that child will have to apply to retain citizenship and meet the residency requirement before age 28. This introduces clear limits that are not in the current law.

As is the case in the present law the Minister will be able to annul a person's citizenship if it was obtained through a false identity or if that person had been prohibited for criminal activities under Canadian citizenship law.

The new legislation claims to have a more efficient processing stratagy and more timely review of applications. In addition the Minister can overturn refusals which is not the case in the present law. Judicial review at Federal court will also be available.The new law also allows foreign children adopted abroad to obtain citizenship without first obtaining permanent residencyChildren born in Canada will still be granted citizenship automatically. Canadian citizens will still be allowed to be citizens of other countries.People will still have to be permanent residents of Canada under theImmigration Act when they apply for Canadian citizenship. Applicants for Canadian citizenship will still have to demonstrate sufficient knowledge of Canada and of one of its two official languages before being granted citizenship.

written by Mitchell Brownstein on December 11, 1999

CANADIANS CHERISH THEIR HERITAGE

As we enter the new millenium, it is a time to reflect on Canada as a young nation, that will be celebrating it's 133rd birthday. It is a country of immigrants. Unlike many other countries where citizens can trace their roots for hundreds of years in that very country, in Canada we our all newcomers. This past June, my grandparents celebrated their 65th wedding anniversary and four generations of family gathered for this special occasion. My grandfather told us his story of how Canada treated him well. On August 13, 1927 he immigrated from the small town of Gonietz Poland to Montreal Canada. It was a time when the Jews of Europe were suffering much anti-semitism and those of his family, including his parents, brothers, sister, nephews and nieces who remained behind were all killed during the German occupation of the second world war.

He immigrated under the family sponsorship class, as his older brother had arrived several years before him. In those years sponsorships, by brothers were allowed, unlike today where only lineal sponsorships are available, namely for parents or children. His trip to Canada was by boat and took 3 weeks with a stop over in Hull, England. He spoke no English but with the help of fellow passengers sent a telegram to his Uncle who lived in London and had immigrated to England from Poland in the 1880's. The stop over in Hull lasted 2 days and Uncle Joe showed up to meet his nephew and give him one pound (then worth 5 Canadian dollars) and a bottle of whiskey to celebrate his arrival in Canada with the relatives already living there. When my grandfather arrived in Canada he sent $4.80 Canadian dollars back to his parents in Poland and shared the whiskey with Aunts and Uncles already in Canada.

Arrival in Canada in those days was always by boat, and an immigration processing center was set up in Quebec City to clear all newcomers. Medicals were done on site, unlike today where Canadian approved doctors do medicals for prospective immigrants in practically every country around the world. If individuals failed the medical, the entire family was sent back on the several week journey by boat to their country of origin. Immigrants in those days primarily arrived from Europe, while today the major source of immigration is from Asia. This is largely due to the invent of air travel.

My grandfather worked as a hat maker for one year in order to save enough money to buy his own horse and wagon, which he used to sell goods to the farmers as a Peddler. When he had enough money he bought a truck and continued to sell his goods. Then he opened a cash register business, followed by retail stores, real estate investments, and finally a department store. Although he only completed grade 5 education, he made sure that all his children went to University and became professionals, including teachers, accountants, and lawyers. Even three generations later we are all still products of this immigrant mentality that believes in education and hard work as the foundation of our futures. My brother and Senior partner of our firm, Herbert Brownstein is 42 years old and I will be 39 years old on January 22, 2000. We each have 3 children, who are fourth generation Canadians, since our grandmother was born in Canada after her parents immigrated to Canada in the early 1900's. It is thanks to Canada that my family exists today, for all our relatives that stayed behind in Eastern Europe were killed in the Holocaust during the second world war. Like all Canadians we remember our roots and are encourged by the department of Multiculuralism in Canada to cherish that heritage.

Although the programs for immigration to Canada have changed over the years based on a world, where education and high technology professions are the greatest in demand, Canada remains the number one place in the world to live as recognized by the United Nations each year for the past five years. It has one of the most liberal immigration policies in the world, whether in the Independent, Business catagories or based on Humanitarian and Commpationate grounds.

HERBERT AND MITCHELL BROWNSTEIN'S GRANDPARENTS CELEBRATE THEIR 65TH WEDDING ANNIVERSARY IN JUNE 1999 WITH FOUR GENERATIONS OF FAMILY. BROWNSTEIN'S GRANDFATHER IMMIGRATED TO CANADA FROM A SMALL TOWN IN POLAND IN 1927

written by Mitchell Brownstein on November 15, 1999

THE LAND OF IMMIGRANTS

Immigration Minister Elinor Caplan has announced that the Government of Canada will increase the target for immigration to 1% of Canada's population, namely 300,000 immigrants per year from the present 225,000 target. Over the past two years, Canada has failed to bring in its target by about a 22 per cent shortfall.

Caplan promises to meet the goal for the year 2000 by cutting the red tape. The application process is too lengthy at present says Caplan. The Immigration Minister has just returned from a tour of Canada to meet with all the key players in the Immigration industry including the Canadian Bar Association Executive, where Senior Partner of our Firm Herbert Brownstein of Brownstein and Brownstein was present. The purpose of her mission was to find out the facts and improve the present situation. Caplan blaims the present problems on staff cuts that took place during the deficit years. She promised to improve the system by providing more resources where necessary.

Other news included the fact the a new Citizenship Act will be reintroduced shortly, but no major overhaul of the Immigration Act is expected in the near future.

In addition the government is working on a new more flexible points system that will be more skill demand based.

written by Mitchell Brownstein on October 15, 1999

EDUCATION, OR LANGUAGE OR AGE: A PROVINCIAL QUESTION

The rules for immigration to Canada are always changing, based on the perceived needs of the Government of Canada. In addition the Canadian Government signed the Quebec-Canada Accord giving Quebec the right to select it's own immigrants based on it's perceived needs. It is therefore up to the various department's of immigration to modify the regulations as needs change. Since Quebec is a primarily French speaking province it has felt in recent years, that new immigrants should feel confortable in that language, in order to suceed in business, school and socially. In reality, however, Montreal is a bilingual city, where practically everyone speaks English and French to some degree of fluency. Older immigrants often do not learn French well if they settle in Montreal, but school age children will always learn French as they are obliged as immigrants to go to French School. They may only attend English Private Schools if they so desire. This law governing the language of education was adopted to insure the continued preservation of the French language and culture.

In addition, Quebec's selection criteria for immigration purposes, gives far more points for French than English, as Quebec is looking for individuals from French speaking countries.

Another criteria used in the selection of independent applicants is education. The Federal government system puts much more weight on education, making it difficult to receive sufficient points to immigrate to a province outside Quebec if one does not have a University diploma. On the other hand Quebec's selection criteria gives sufficient points for Secondary education to allow most French speaking applicants with the right work experience and language skills to immigrate.

Age is an interesting factor aswell. Under the Canadian system maximum points are awarded for individuals between the ages of 21 to 44 years of age. In Quebec one is excluded from applying as an independent skill worker or professional until the age of 23 and receives maximum points only until age 30.

After immigrating to Canada, whether to Montreal,Quebec, Toronto,Ontario, Vancouver, British Columbia or elsewhere, should an individual decide to move to another province to live, work, or study he or she may do so based on the visa received which is a landed immigrant visa for Canada and is granted by the Federal Government after medical and security clearance, irrespective of the province of selection.

Over the years I have met many clients in the United Kingdom who were not eligible under the Federal system and would be eligible for Immigration to Quebec if they improved their knowledge of French. It is clear that Quebec is searching for young French speaking applicants. It should be noted that Montreal is a very European style city and immigration by Europeans to Quebec has often been easier culturally speaking. As an English speaking person, with French as my second language, and having travelled the world for my business, I believe there is not a better place in the world to live. The United Nations has chosen Canada as the best place in world to live, each year for the past 5 years based on many criteria, including standard of living, crime level, pollution, recreational facilities, etc.....Montreal, Quebec, Canada has been the home of my family for 4 generations now and I would not chose another.

written by: Mitchell Brownstein on September 13, 1999

BROWNSTEIN AND BROWNSTEIN ATTORNEYS ON TEAM CANADA TO JAPAN

The Government of Canada has organized it’s fifth TEAM CANADA MISSION for this September, led by the Right Honorable Prime Minister of Canada Jean Chretien, and the firm of Brownstein and Brownstein Attorney’s have been invited once again.

"This was our fourth time on Team Canada and our 6th Government Business Delegation." explains Herbert Brownstein

Herbert Brownstein, senior partner, represented the firm on Team Canada to India in 1996. He also participated on Equipe Quebec to China in 1997.

Mitchell Brownstein who is also a City Councilor in Cote Saint Luc represented the firm in the Philippines in 1997 and in Latin America in 1998.

" It is particularly special to have sent our representative to Team Canada 1999, Indian Attorney Prashant Ajmera who is a partner in the Immigration and Business Collaboration Partnership Brownstein International." says Mitchell Brownstein. " Mr. Ajmera was a client of the firm and was sponsored to work for our company in 1992. He was our guest at Team Canada in India in 1996 and now will be representing the firm in Japan in 1999."

This truly symbolizes the positive impact immigrants can have on Canadian society. Mr. Ajmera works in the area of Business Immigration to Canada particularly from the Asian region and promotes international business collaboration between Asian countries and Canada through the sale of technology, goods and services and franchise agreements."

International Trade Minister Pierre Pettigrew said that the Team Canada Mission to Japan is the ideal way to strip away the old stereotypes about Canada being solely a resource-based economy and showing it as the vibrant and varied economic beauty it really is.

"We're also a country that has developed a lot of high-tech. I'm amazed when I travel abroad at the completely outdated perceptions that people have on Canada" states Minister Pettigrew."

FOR MORE INFORMATION on IMMIGRATION OR INTERNATIONAL TRADE CONTACT BROWNSTEIN AND BROWNSTEIN ATTORNEYS AT 1310 GREENE AVENUE SUITE 750 MONTREAL, QUEBEC, CANADA; TEL: 001-514-939-9559: FAX 001-514-939-2289; EMAIL: immigrate@brownsteinlaw.com; PLEASE ALSO SEE OUR WEBSITE AND FILL OUT OUR QUESTIONNAIRE FOR A FREE ASSESSMENT OF YOUR ELIGIBILITY AT http://www.brownsteinlaw.com.

written by: Mitchell Brownstein on August 12, 1999

NEW IMMIGRATION MINISTER BRINGS HOPE

We have seen many changes to Canada's immigration policy, regulations and to the administration of the rules by our overseas and local immigration processing centers. A few examples of these changes follow.

In the early 1990's domestic workers, with as little as grade 9 education could come to Canada with the right to obtain landed immigrant status after working in Canada for 2 years. Today one needs the equivalent of Canadian High School, which for example in the Philippines is the completion of one year of University.

The Family Class was reduced to lineal sponsorship, whereby today one can only sponsor ones parents or children. No longer can you even sponsor a brother or sister to immigrate to Canada.

In 1996 the Independent Skilled Worker class Occupation list was changed altering the Specific Vocational Scores to Education Training Factor scores and lowering the automatic points awarded many trade occupations, making it almost impossible for many of the occupations on the list to be eligible from that time forward.

In 1999 we have seen major changes to the Immigrant Investor program increasing the Net Worth requirement from 500,000$ to 800,000$ and the investment to a minimum of 400,000$ wherein under the old program as little as 250,000$ could be invested in some provinces.

It is apparent that Canadian Immigration policy gets more difficult over time, whether applicants are workers, professionals or business people. This change is to insure that Canada continues to obtain the best possible individuals to satisfy the needs of the country.

When my grandparents immigrated to Canada in the early 1900's factory workers and farmers were in demand. In earlier years Canada needed Railway builders. Today's Canada requires high tech and business people more than any other category.

Of course Canada's reputation as a Humanitarian country continues to exist and Refugees, Marriage sponsorships and general cases on Humanitarian and Compassionate grounds continue to be plentiful.

The major concern of applicants and professionals working in the immigration field today is not the policy and rules that have changed, but rather the administration of this most important component of Canadian Government.

Budget cuts have resulted in many embassies, consulates and delegations being closed, limiting the number of immigration processing centers available to accept applications. Staff has been reduced and locals who are inexperienced in the policy and regulations are trained on location overseas to reduce costs to Canadian Taxpayers.

It is the Immigration Minister in co-ordination with the Department of Immigration and Citizenship that makes the difference here.

In the mid-1990's there was an effort to create a one-step application process to speed up time delays, which showed great hope, but was eventually cancelled. This one-step process allowed individuals to complete medical and security clearance before interview, resulting in waivers on many occasions.

Many immigration processing centers were able to process files in 6 to 9 months making Canada a priority choice for individuals anxious to start a new life in our free and democratic land. Today some processing centers have delays that extend to as long as 24 to 36 months. This is unacceptable and is tantamount to an indirect quota policy being implemented, as individuals from the countries where these immigration processing centers are so slow will no longer chose Canada as their choice for the future, if they have to wait 3 years for what may be a negative response.

With the appointment this August of Canada's new Immigration Minister Elinor Caplan, there is hope for positive change. The Honorable Minister Caplan has a very positive history in support of Immigration issues.

We all look to her with great hope in our wish to improve the administration of the Immigration Policy inside and outside of Canada, thereby insuring that we do not lose the best possible applicants to other demand countries where immigrants chose to live. Canada continues to be voted as the best place in the world to live by the United Nations each year. There is no reason why we should not obtain the best new immigrants to our great country.

The opinions of this editorial are those of the writer Mitchell Brownstein of the Canadian Immigration Law Firm Brownstein and Brownstein.

FOR MORE INFORMATION CONTACT BROWNSTEIN AND BROWNSTEIN ATTORNEYS AT 1310 GREENE AVENUE SUITE 750 MONTREAL, QUEBEC, CANADA; TEL: 001-514-939-9559: FAX 001-514-939-2289; EMAIL: immigrate@brownsteinlaw.com; PLEASE ALSO SEE OUR WEBSITE AND FILL OUT OUR QUESTIONNAIRE FOR A FREE ASSESSMENT OF YOUR ELIGIBILITY AT http://www.brownsteinlaw.com.

QUEBEC GOVERNMENT MOVES TO PROCESS INVESTOR FILES MORE EXPEDITIOUSLY

WRITTEN BY MITCHELL BROWNSTEIN JULY 10, 1999

The Quebec Immigration offices have always made an extra effort to meet the changing needs of immigration applicants around the world based on changes to the regulations at the Federal and provincial level. Timely processing of applications has been and continues to be a primary concern.

Based on the recent changes to the Immigrant Investor Program as of April 1, 1999, the Quebec Program has become the most popular. In addition the amounts have increased even for the Quebec based program from a 350,000$ investment with net assets of 500,000$ to the new requirement to invest $400,000 and prove net assets of 800,000 Canadian dollars. This has resulted in over 3200 files being submitted to the Quebec Immigration offices before the April 1, 1999 deadline.

The Director General of Immigration for Quebec, Yvan Turcotte, has therefore announced several administrative measures in order to accelerate the processing of these files. The government has increased the budget accorded to the Quebec Immigration offices in Hong Kopng where most of the files have been submitted, since Hong Kong is responsible for a very large region in Asia. Technical and professional personnel have been hired and a computer management system has been implemented. In addition the office space has been increased.

Over the summer a training program will enable the new personnel to become familiar with the selection requirements and procedures.. In addition there is an ongoing attempt to work together with the Federal Government to insure medical and security clearance formalities are done expeditiously and at a relative speed to keep up with Quebec Government processing.

It has also been announced that the Quebec office in Damascus will be responsible for the regions served by the Canadian Visa Offices of Colombo, Delhi and Islamabad.

Missions by the Quebec Immigration offices to many regional countries will also take place to ensure timely selection of immigrants.. In addition it is hoped that applicants will be able to visit Montreal for selection interviews instead of using the Quebec Immigration Offices overseas.

SOFTWARE PROGRAM STILL ALIVE AND WELL

written by: Mitchell Brownstein on June 24, 1999

The pilot project whcih came into effect in May 1997 has been extended and continues to allow temporary entry of highly skilled software developers and programmers. Although the positions to be filled must meet certain clearly defined criteria, if the applicant possesses the correct education and work experience issuance of the visa is very quick. These work permits are only granted to individuals who have obtained a job offer in one of the demand fields.

A brief description of the 8 main catagories for eleigiblity will be the focus of this article.

EMBEDDED SYSTEMS SOFTWARE DESIGNEER

This idividual would be responsible for designing, implementing and documenting real-time embedded software, and requires a minimum of a Bachelor degree in Computer Engineering, Computer Science or Electrical Engineering,: knowledge of English or French; and possess experience and training in specific products or technology as listed in the regulations. Salaries for this position are in the range of $45,000 to $95,000 Canadian depending on the level of experience.

SOFTWARE PRODUCTS DEVELOPER

This individual designs and implements software for the end user. He or she must possess a Bachelor degree in Computer Engineering or Computer Science; knowledge of English or French and two years experience working with client/server applications. The individual must also possess experience with at least one product or technology listed in the regulations. Salaries for this position range in the area of $45,000 to 95,000 Canadian plus benefits depending on the level of experience.

MIS SOFTWARE DESIGNER

MIS software designers are responsible for designing and implementing software for Management Information Systems. To be eligible under this catagory, an individual must possess either a Bachelors degree or equivalent technical school certification in Computer Engineering, Computer Science or Electrical Engineering; knowledge of English or French and a minuimum of four years experience in application development: programming, designing, and analysing real-time on line transaction processing, relational database management systems, and large mainfram systems. Again there is the need to have experience in dealing with at least one product or technology as listed in the regulations. Salaries in this occupation also range in the area of $45,000 to $95,000 Canadian plus benefits depending on experience.

MULTIMEDIA SOFTWARE DESIGNER

These individuals desin and implement multimedia software for interactive computer-based training and promotional software applications. A Bachelors degree or the equivalent technical school certification in Computer Engineering or Computer Science is required. Knowledge of English or French and 2 years experience producing and incorporating digital video, 2D and 3D graphics or animation, and digitised audio into computer-based training and multimedia applications are required. Applicants require experience in at least one product or ytechnology as listed in the regulations. Salaries range between $35,000 and $50,000 Canadian depending on experience, plus benefits.

SENIOR ANIMATION EFFECTS EDITOR

Responsibilities include compositing and editing animation and digital effects for film and television. A Bachelors degree or the equivalent technical school certification in computer graphic and/or film editing, or equivalent work experience in animationm film or digital effects; knowledge of English or French and three years experience with non-linear compositing and effects background are imperative. Other requirements include knowledge of avid and traditional on-line animation and digital effects, and work experience as a senior editor in production and two years experience with SGI Workstations and UNIX-based software. Training or expereince with at least one product or technology listed in the regulations is required. Salaries range from $65,000 to $100,000 Canadian.

SOFTWARE DEVELOPER - SERVICES

Responsiblities include coding, testing, analysing designing, developing and implementing application systems. A Bachelors degree or the equivalent technical school certification in Computer Engineering, Computer Science, or a related field; knowldedge of English or French and three years working experience designing and implementing software are required. Experience working with at least one product or technology as listed in the requlations is also necessary. Salaries start at $40,000 Canadian.

TELECOMMUNICATIONS SOFTWARE DESIGNER

This occupation is involved in the design and implementation of real-time communications software. A Bachelors degree in Computer Engineering, Computer Science or Electrical Engineering, and knowledge of English and French is required. Two years experience designing and implementing real-time software and training or experience working with at least one product or technology as listed in the regulations is also required. Salaries range from $45,000 to $95,000 Canadian.

CONCLUSION

Due to the shortage of the above mentioned occupations in Canada at the present time, there is no need for EMPLOYMENT VALIDATION, which is the usual procedure that requires that the potential employer proves to Canada Manpower that no Canadian can fill the position. This Employment Validation is a costly and lengthy procedure requiring advertising in major newspapers for extended periods of time and completing many formalities. The removal of this requirement as agreed upon by Canada Manpower and Immigration Canada has created a needed opportunity both for Employers in Canada requiring such specialized workers and Computer specialists around the world wishing to work in Canada.

Under the pilot program the applicant need only present him or herself to the Immigration authorities with proper documentation including, a work contract and job offer with complete details regarding the term, salary, benefits, duties, aswell as the applicants education, and work experience clearly and carefully defined. As this program is very restrictive it is very beneficial to hire professionals who can insure the applicant before the process begins of his or her eligibilty and provide the Immigration authorities with all the necessary proof to insure the applicants easy entry to Canada.

While this process is fast it is complex in terms of the specific proof required. Once admitted to Canada on a Tempory Work Permit, should the applicant wish to remain in Canada permanently he or she may apply for permanent residency by filing an application at a Canadian Immigration office outside Canada. The entire processing time of the permanent residency application can generally be completed during the first year of work on the employment authorization. As this catagory is in high demand the permanent residency visa may often be issued without the need for an interview and the visa may be mailed to the applicant or his legal representative.

PROPOSED CHANGES TO THE CITIZENSHIP ACT

by Mitchell Brownstein

May 19, 1999

The Government of Canada is presently discussing implementing significant changes to the Citizenship Act. Two of the main areas in which changes are to be implemented include the absolute requirement for physical residence of 3 years in order to obtain Citizenship. However, this physical residence can be obtained within the first 6 years after obtaining Permanent Resident Status. At present the requirement for physical residence has to be obtained within a 4 year period. In addition the present law allows for exceptions to the requirement for absolute physical prescence if the applicant can show significant ties to Canada and that he or she has not abandoned Canada during the period of residency in question. For an up to date accounting of the changes to the Citizenship Act please continue to read this newsletter on a regular basis.

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