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PILIPINO EXPRESS
FEBRUARY 1 - 15, 2015
Business immigration back in operation There is a connection between economic immigration and the health of the Canadian economy. Immigration is one of the keys to ensure that Canada’s GDP grows by at least two per cent in 2015. This is much lower than the projected three per centplus for the United States, but it may be all we can reasonably expect. In order to maintain a healthy economy Canada and the individual provinces recruit the brightest and the best foreign trained workers to fuel economic growth. But a healthy economy needs more than just workers. What about new investment from abroad? What about creating opportunities for experienced successful business applicants and entrepreneurs to come to the country to invest, start up new ventures, breathe new life into existing businesses and create new jobs? Business immigration is important, but the immigration application process has been closed for much of 2014. The Manitoba Provincial Nominee Program for business (MPNP-B) stopped accepting new applications and the federal Immigrant Investor Program and Entrepreneur Programs have long been closed and backlogs eliminated. The New Year has come, the Canadian economy is
in a slump, the Loonie is around 80 cents American, elections are in the air at federal and provincial levels and we collectively need the infusion of new capital and new business ventures to “kick start” the economy, especially at the national level. The incentive for the foreign investor and entrepreneur is a quick way to obtain Canadian permanent residence status for the principal applicant and his or her immediate family. Immigrant Investor Venture Capital At the federal level, Citizenship and Immigration Canada is bringing out a new pilot program called the Immigrant Investor Venture Capital (IIVC). The target group is high net worth business immigrants with skills and abilities to integrate easily into the Canadian economy and society. Some of the requirements include: • A net worth of $10 million acquired through lawful profitmaking business or investment activities; • To make a $2 million nonguaranteed investment in the immigrant investor venture capital fund for approximately 15 years; • To demonstrate literacy in either English or French with Canadian Language Benchmarks (CLB) score of 5 in listening,
reading, writing and speaking; • To have completed a Canadian post-secondary degree, diploma or certificate of at least one year or the foreign equivalent validated by an Educational Credential Assessment from an organization designated by CIC; • Applicants with a net worth of at least $50 million can request an exemption for the requirement to validate the foreign education; • The program will accept up to 500 applications and from this list select 50 investors and their families with a quick way to permanent residence; and • The intention of the pilot program is to process the selected 50 applicants in roughly six months. At this writing the application for IIVC program has not yet been released but it is important to note that the CIC has added requirements such as language and education to the mix. The key is that the suitable 50 applicants put up a $2 million nonguaranteed investment locked in for 15 years, in exchange for fast tracking their permanent resident applications. Manitoba Provincial Nominee Program For Business In a similar manner, Manitoba is reopening MPNP-B for new applications in February 2015. The application process and requirements differ from the IIVC program. Applicants must have a minimum verifiable personal net
worth of $350,000; a minimum of three years of successful business ownership and management experience or a minimum of three years of executive-level experience as senior manager of a business; and score a minimum of 60 points in the Adaptability Assessment Matrix. The provincial applicant must present a credible business plan; create new jobs in the province; and provide a $100,000 bond, which is refunded if or when the landed business provincial nominee establishes the intended venture in Manitoba. The provincial application process has been released. Potential business applicants must: • Submit an Expression of Interest (EOI) through the online system. The applicants are graded against an Adaptability Assessment Matrix and must score a minimum of 60; • Important to note that business experience is part of the scoring system as is the provision of acceptable language scores for English or French language proficiency; • If/when the applicant is selected from the EOI inventory, they are given a Letter of Advice to Apply (LAA) from the MPNP-B; • Following a nomination assessment the applicant is required to post the performance bond and can be nominated;
• The nominated applicant must submit a further application to the Case Processing Centre in Sydney, Nova Scotia; • Following the issuance of permanent residence, landed provincial nominees must establish their eligible business and can request a refund of the deposit. The fundamental differences between the federal IIVC and the reopened MPNP-B is that the former depends primarily upon the long term (15-year) investment of $2 million dollars while the provincial one has a focus on the creation or expansion of business ventures inside Manitoba. There appears to be merit in both approaches and it is important for the entire Canadian economy to attract new investors, new money and new ventures. Our federal and provincial governments are correct to try and bring in business applicants and investors. Only time will tell which approach is more effective or if there is a better way for the provincial or national economy to grow. Michael Scott BA (Hon), MA, is a 30-year veteran of Canada Immigration and the Manitoba Provincial Nominee Program who works as an immigration associate with R.B. Global Immigration Consultants Ltd. (204) 783-7326 or (204) 227-0292. E-mail: mscott.ici@ gmail.com
Advocating for Canada’s Kababayan:
In my last column, I introduced my interview with Diwa Marcelino in August 2014. Diwa is the program coordinator of Manitoba’s regional chapter of Migrante, an organization that advocates for the rights and well-being of temporary foreign workers in the province. In the previous column, Diwa told us about what Migrante Manitoba is, the organization’s membership, and their core mandate. This issue will explore some of Migrante’s operations and how people can help Migrante’s central mission. It may be surprising to some that there is a significant number of Filipino temporary foreign workers (TFWs) in Manitoba. The exact numbers are not clear, but as of 1 December 2012 there were around 5,000 Filipino TFWs working in a number of industries. Some of these industries include the service sector (gas stations, food service attendants, hospitality services), and the pork and poultry industry.
Other than Winnipeg, Filipino TFWs also live in Steinbach and Neepawa. It may also be surprising to some that there is an unfortunate and unacceptable amount of exploitation faced by some TFWs (not just Filipino) in Manitoba, as across Canada. As an advocate for these workers, Migrante performs a vital role for those who suffer abuses in the Temporary Foreign Worker program because it is not easy for these workers to stand up for themselves. Law protects Canadian citizens when it comes to voicing concerns regarding employment conditions, but as migrants whose status is temporary in nature, “a lot of them are reluctant to stand up for their rights publicly,” says Diwa. As advocates for these workers, “the role that we have in Migrante is to be that voice.” Being temporary workers, their employment status is not protected as it is for Canadians and their jobs can be terminated easily, resulting in
Migrante Manitoba part II deportation. When TFWs arrive in Manitoba, they may not initially know about Migrante. As Diwa explains, though, the extensive involvement of Migrante in the Philippines exposes many OFWs (overseas Filipino workers) to this organization and the existence of regional chapters. However, in many cases TFWs are referred to Migrante Manitoba, whether by other Canadian chapters of Migrante, lawyers, politicians, or family members. In recent years there have been many changes to the Temporary Foreign Worker program so that, as Diwa stated, what one may know in June might not be applicable by September. As an organization devoted to advocating for TFWs, Migrante Manitoba has established a certain expertise in helping temporary foreign workers, making it a common point of referral for cases.
As mentioned above, Filipino TFWs work across Manitoba and Migrante Manitoba is active in many of these regions. In addition to specific cases that are brought to them, Migrante engages in proactive workshops across the province, especially in Southeast or Northern Manitoba, although much of their work concentrates in mainly southwestern or southeastern areas. Migrante Manitoba may also become involved in cases that go beyond the border, such as in Saskatchewan, as the nearest chapter west of Manitoba is in Red Deer, Alberta. Many cases that Migrante Manitoba deals with have to do with injuries, such as punctures, stab wounds from using a knife, or safety concerns with things such as moving lines. As well, there are complaints about wages, overtime pay, or vacation time. As Diwa states, these are
common concerns of workers in Manitoba but “in their case, the issues are a little bit more pronounced because, for instance, if they get injured, a lot of cases [that Migrante is involved in] are workers being told they are fired and have to be sent home, which is illegal.” In many instances, TFWs are ineligible to receive employment insurance, despite the fact that they pay into the scheme like all workers in Manitoba. For those working on farms or in the hog industry, for example, the use of chemicals and the ability or inability to wash hands is a concern. In addition to what should be basic health and safety conditions, TFWs face exorbitant recruitment fees, sometimes as high as $5,000 to find employment. When TFWs find themselves in a poor employment situation, they do not have the freedom to See HISTORY p20