March 28, 2013
NEWSLETTER

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QUEBEC IMMIGRATION INVESTOR PROGRAM - SUSPENSION EXTENDED
Following a decision by the government of Quebec, published in the GAZETTE OFFICIELLE DU QUÉBEC, March 27, 2013, the Quebec Immigrant Investor Program suspension has been extended until July 31, 2013.

The MICC has indicated that there will be proposed changes to the Investor Program when it reopens, such as: submission of file, increase in the threshold of net assets, increase in the investment amount, increase to the processing fees and different method of payment and the evaluation of intention to settle in Quebec.

We will advise you once we are made aware of the reopening of the Quebec Immigrant Investor Program and the upcoming changes.

For further details please consult the GAZETTE OFFICIELLE DU QUÉBEC.
QUEBEC IMMIGRANT INVESTORS WHO RESIDE IN TORONTO AND VANCOUVER ARE COMMITTING FRAUD
Immigration Minister Jason Kenney vowed to start cracking down on immigrant investors who seek entry to Canada through Quebec's self-managed program only to settle down in Toronto and Vancouver.

At least 90 per cent of immigrant investors who apply through the Quebec program violate the rule that requires successful applicants to reside in the province, Kenney said, warning the government isn't going to allow this practice to continue.

"If you are sitting somewhere today hoping to apply for the Quebec investor program but you expect to go and live in Vancouver or Toronto, that is fraud. It's misrepresentation under the Immigration Act," Kenney said during a news conference near Toronto Tuesday.

"It doesn't matter what agents and recruitment people tell you and we intend to begin cracking down on the fraud being committed."

To read the full article please click here.

EXCESSIVE DEMAND COST THRESHOLD HAS BEEN REVISED
Under subsection 38(1) of the Immigration and Refugee Protection Act: "A foreign national is inadmissible on health grounds if their health condition... might reasonably be expected to cause excessive demand on health or social services." Part 1, Division 1 of the Immigration and Refugee Protection Regulations defines "excessive demand" as:

1. (1)(a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required under paragraph 16(2)(b) of the Act, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or

(b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents.

The threshold figure used was the Canadian Institute for Health Information (CIHI) aggregate that represented average Canadian per capita health expenditure.

In January 2003, HB implemented a modified approach. Having identified that the CIHI figure did not completely cover expenditures for certain social services, a supplementary amount was identified to account for the missing per capita expenditures. Instructions were issued that this new supplementary amount should be added to the aggregate CIHI figure to arrive at the Excessive Demand Cost Threshold.

This updated threshold of $6,285 is usually multiplied by five (unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years). This results in the legislated threshold of $31,425 taking effect as of February 28, 2013.

For further information please consult the Operational Bulletin 504.

PROCESSING RELINQUISHMENT OF PERMANENT RESIDENT STATUS
If a person was granted PR status under the former Immigration Act or Immigration and Refugee Protection Act (IRPA) and has never lost their status pursuant to relinquishment under the former Act, or pursuant to any of the enumerated grounds of A46 of IRPA, the person may still be a permanent resident. As a result, an officer must complete a determination of loss of status under A28 before issuing any type of visa.

If a person who had PR status requests the relinquishment of that status without any other application, relinquishment cannot be accepted until the person's PR status is determined.

At present, there is no mechanism under IRPA to relinquish PR status. A legislative amendment in Bill C-43, the Faster Removal of Foreign Criminals Act, proposes to allow, on approval by an officer, an application to renounce PR status. These instructions will be reviewed should this legislative amendment come into force.

For further information please consult the Operational Bulletin 505.

DETERMINING THE ABILITY OF PROVINCIAL NOMINEES TO ECONOMICALLY ESTABLISH IN CANADA
Under agreements between the Minister for Citizenship and Immigration and the respective provincial and territorial governments, each province and territory has the authority to nominate candidates on the basis of their ability to become economically established in Canada, specifically in the province or territory of nomination.

CIC has the final authority for decision on permanent residence applications under the PNP. In addition to inadmissibility grounds, including inadmissibility for financial reasons (under A39, for which guidelines can be found in ENF 2, section 8), one of the grounds on which CIC may refuse the application is that the applicant has not demonstrated an ability to economically establish. Officers may wish to request additional information and documentation from applicants to demonstrate and support their ability to become economically established.

For further information please consult the Operational Bulletin 499.
CLOSURE OF IMMIGRATION SERVICES OF THE CANADIAN EMBASSY IN SEOUL AND CARACAS
Closure and Transfer of Visa and Immigration Services of the Canadian Embassy in Seoul and Caracas

As of January 28, 2013, the Visa and Immigration Section of the Canadian Embassy in Seoul are closed and as of January 29, 2013 the Visa and Immigration Section of the Canadian Embassy in Caracas is closed.

For further information please consult the Operational Bulletin 498 and Operational Bulletin 497.
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