Effective immediately the Alberta Immigrant Nominee Program (AINP) will no longer be accepting new applications in the Family Stream and the US Visa Holder Category. The change is temporary until further notice.

Citizenship and Immigration Canada has imposed new visa rules on Citizens of Mexico and the Czech Republic. Starting on July 14, 2009, Mexican and Czech Republic Citizens will require a visa to travel and enter Canada. The Canadian Government is allowing for a 48 hour grace period for Mexicans and Czechs to apply for the visa on entry to Canada, however, effective Wednesday at midnight, a Canadian visa will be required before entry.

As of Wednesday at midnight, Czech Republic and Mexican citizens must apply for a Temporary Resident Visa (TRV) before arrival in Canada and meet the requirements to receive one.
The reason for the decision on the part of the government of Canada is to stop the rapid increase in refugee claimants from these two countries many of whom start refugee claims that are ultimately unsuccessful.
The effective of this is that these citizens must before travel to Canada apply for a Canadian TRV at a Canadian Visa office abroad which will have to be done well in advance of any travel to Canada. The applicants must establish that they qualify for a TRV by establishing that there visit to Canada is temporary, the will not overstay their approved time in Canada, they have not funds to cover their stay in Canada amongst other requirements.
The Czech Republic is likely to now impose similar visa requirements on Canadians traveling to the Czech Republic and it is uncertain whether Mexico will do the same.

A recent BC Court decision in Dwane v. Bastion Coast Homes, 2009 BCSC 726 has determined that a Purchaser can back out of a Condo Purchase Contract if they have not been given proper disclosure of changes to the Condo plans including design changes to their unit without having been provided notice of such changes prior to signing the Purchase Contract. The judge determined that a plaintiff has a statutory right of rescission under the Real Estate Development Marketing Act, S.B.C. 2004, c. 41 (the “REDM Act”) in respect of a contract to purchase strata property if the purchaser has not been given notice of amendments to the condo project and his unit prior to the purchaser signing the contract. The judge concludes:

“If a disclosure statement has already been amended by the time a purchaser signs a contract, the purchaser should know that fact and know what the amendments are, for the simple reason that the purchaser is entitled to know what it is that he or she is purchasing. To require developers to provide copies of existing amendments along with the disclosure statement is not to impose an onerous burden on them, and is consistent with the legislative objective of consumer protection”.

The judged ruled that the Real Estate Development Act provides a right of rescission to a purchaser if existing amendments were not delivered to him, along with the disclosure statement, when he entered into the agreement.

To determine whether any purchaser is entilted to statutory rescind a condo purchaser contract a detailed review of the fact circumstances would need to be made in relation to the “REDM Act” to determine whether there are grounds for a statutory recission of the contract. The full decision can be viewed here – http://www.courts.gov.bc.ca/jdb-txt/SC/09/07/2009BCSC0726.htm

The new citizenship law will correct some previous technical and discriminatory rules of the previous Citizenship Acts of 1947 and 1977. For example, the new law retroactively will make any individual born abroad to a Canadian born parent to be a Canadian Citizen. The former legislation this was not a given fact even if one parent was a Canadian Citizen. The legislation was complicated which disqualified certain children if they were born out of wedlock, their parents took on citizenship in another country and if the parents did not register the birth abroad in time or if the child did not apply for Citizenship to Canada within a certain period of time. The new law will now retroactively remove these impediments and will restore citizenship automatically to a number of people from abroad that lost their right of citizenship as a result of these rules.

The controversial aspect of the legislation is that moving forward it is restricting the right of citizenship by descent. On one hand making granting an automatic right for first generation children born abroad while on the other hand eliminating for 2nd generations born abroad. Now second generation Canadians cannot pass on citizenship to their children unless their children are born in Canada. An example would be an adopted child from abroad who lives in Canada all his life and has a child while working abroad for a Canadian company his or her child would not be a Canadian citizen. In effect the law is creating different citizenship rights to citizens depending upon their origin of birth. This law was designed to fix problems of the past and has done so but has also creating new issues and problems that will likely need correction by future legislation. Not a perfect situation.

Are you currently working in the USA or have a relative currently residing in the USA on H-1B Visa? You or your relative maybe entitled to fast-track permanent residency to Canada through the Province of Alberta.

The Alberta Immigrant Nominee Program (PNP) has established a new pilot immigration program whereby people who are on temporary work permits in the USA on H-1B visas ( H1-B1, H-1C or E-3 visa holders may also be eligible) may qualify for fast-track immigration and permanent residency to Canada through this pilot program. Applicants need to have a current H1-B visa, a minimum of 1 year of work experience in the USA and that have an occupation that qualifies as an in demand occupation in Alberta. If you qualify, the Alberta government will nominate you for immigration without you being required to secure a job in Alberta before hand.

Please contact me via email or call (604) 675.9755 to determine whether you or a relative may qualify for this new immigration program.

On December 15, 2008 – Citizenship and Immigration Canada announced that Professionals seeking to work temporarily in Canada under the North American Free Trade Agreement (NAFTA) are now eligible to apply for a work permits up to three years as opposed to the old rules whereby NAFTA workers in Canada had to renew their work permits every year.

NAFTA is a great option for workers from Canada, the United States and Mexico seeking to work in Canada.

The NAFTA Professional/TN Category lists over 60 professionals that can qualify for the program. To qualify for a work permit under the NAFTA program in Canada the applicant must be a Citizen of the USA or Mexico, have an occupation on the NAFTA Professional Occupation List and generally speaking have a university degree related to the professional occupation and be entering an occupation in Canada to apply the skills of that occupation.

If you require further information on this development or have questions on any other immigration matter, please do not hesitate to contact me. I can help you obtain a work permit under NAFTA.

Top 5 Reasons to Incorporate Your Business:

There is no legal requirement to operate a business in British Columbia as a corporate entity no matter what the size of your business operations. However, there are many advantages to running your business through a corporate entity even if you are just a 1 person entity. Imagine if someone slipped on some ice outside your premises or was injured in your business premises. Would you want to be held personally liable for such events? A corporate entity would ensure that the business would be sued and not yourself personally.

The top 5 reasons for incorporating a business in British Columbia are:

1. Protection from personal liability;
2. Substantial tax advantages on income and on selling the business;
3. Advantages on survivorship ( A company survives on death of shareholder(s))
4. More prestige and credibility given to your business;
5. Easier to bring on outside investors or partners.

If you require any further information on incorporating a business in BC, please send me an email or call me.