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캐나다 이민, 유학, 취업 전문 :: 둥지이민칼럼
Canada Enforces Biometric Registration System
Today I'd like to talk about Biometrics, a new biometric registration system that will be introduced on December 31, 2018. There are many inquiries for the new biometric registration system, which will be introduced from next year, and with the introduction of this system, it is expected to make many changes in visa and permanent residency applications for those who have Korean nationality. Biometrics is a system that is designed to register the fingerprints and faces of people entering Canada to prevent or solve crimes that may occur in advance. In fact, this system was necessary for people in countries that already needed visas to visit Canada, but it was not necessary for countries like Korea or Japan to enter the country without visiting visas. However, as of December 31, 2018, everyone who comes to Canada must register for biometric registration before entering Canada. The Biometrics process starts with applying for student and work visas online. 1. Applying for student visa, work visa and permanent residency online 2. Automatic creation of 'Biometrics Instruction Letter' (BIL) file requesting biometric registration with your CIC account after application 3. Reservations for visits to VFS (Canadian Visa Support Center) where biometric identification can be registered (required) 4. Complete the above BIL file, passport, and application form and visit VFS 5. Fingerprint scanning with face shot and electronic fingerprinting machine 6. After receipt, issue a visa sticker attached to the passport. 7. Visited or received by Canadian Visa Support Center by courier (additional charges will be incurred upon application for delivery). If you receive Biometrics once, the expiration date is 10 years, so you do not need to reissue Biometrics even if you get a new visa before then. It is important to note that if you fail Biometrics within 30 days of receiving your visa, your visa may be rejected. The cost is $85 per person and up to $170 per family when you come to your family. To explain it in more detail, even Koreans don't need biometric registration. For those who have Korean nationality, student visas, work visas, accompanying visas, and permanent residency applications are required, but not for those who come to Canada on a visit. Also, Canadian permanent residents, Canadian citizens under the age of 14 or over 79, are excluded from Biometrics. If you already have a student or a work visa in Canada, the extension of the visa is excluded so far. The reason why I explained so far is that there is no center in Canada where Biometrics can be done, so extension of visa in Canada is excluded. The Canadian Immigration Service announced that from 2019 it will establish a center in Canada to register biometrics so that students and extended work visas can be applied. Although it is not introduced right now, it is expected that there will be a lot of issues after the introduction and the new system will delay the progress of Canadian student or employment visas by at least 1-2 months, so I strongly recommend you to remember the benefits and apply in advance. Justin Sim / Immigration Law Officer CanNest nest emigration ☎ (604)662-3266 Info@cannestimm.com www.cannestimm.com
Preparing to immigrate to the country by inviting parents and grandparents in 2019.
For immigrants who live apart from their parents or grandparents, this new parental and grandparents migration is a great news. The Canadian Immigration Service announced that it will receive 20,000 parents and grandparents from 2019. This is an increase from the number announced in 2018 that 17000 parents and grandparents would be invited, and it is said that the Canadian Immigration Bureau is more interested in family-oriented immigration. In addition, parents and grandparents emigrants, who were drawn until 2018, announced they would receive applications on a first-come, first-served basis from 2019. We need to find out what we need to prepare for the 2019 guest migration and what we need to know about the conditions of the sponsors for the parental and grandparents migration. Parents and grandparents can be sponsors for any Canadian over the age of 18 or permanent resident. But the most important thing here is that there is a process to make sure that the sponsors are financially sound when they support their parents in Canada, which should also be appropriate. Simply put, a sponsor has submitted an application to serve parents, and if the sponsor does not make the minimum income for the number of dependents set by the immigration office, the immigration office has no choice but to reject the parent's invitation. The minimum income is calculated based on the last three years' return on income. For your information, the CIC says it will take approximately 20-24 months for parents and grandparents to apply, but the minimum amount of income must be maintained until the green card is approved. And it should also be stated that if parents receive permanent residency, the financial sponsor will support them for 20 years. Fortunately, if a sponsor is married, it can be calculated on the sum of his or her spouse's income, thereby reducing the burden. When calculating the number of dependents, it is important to remember that the sponsor's family and parents are not the only ones who pay for their children, but if their parents have single children under the age of 22, they may be counted as dependents as well. Also, the minimum amount of income is going up every year, so we need to keep this in mind and report If a sponsor is currently in prison or is a social activist, employee of the government for welfare or bankruptcy, failure to pay government taxes, failure to pay other expenses, or records of serious crimes in the past, this may also be rejected for reasons of disqualification. Because parents, grandparents, and criminal records are also mandatory when applying for permanent residency, you should check their past medical and criminal records in advance. If you have a criminal record, you should check if you need to get a pardon and give a good reason if you don't apply for one in advance. Since the 2019 first-come-first-served emigration of parents is different from last year's, we must prepare the information by December 2018 and apply as soon as January comes. In 2018 we had to draw one more time during the year, but usually only once a year in January, so if we don't get it this time, we have to wait. I hope you'll be prepared in advance in time and have good results in your parents' and grandparents' emigration in 2019. Justin Sim / Immigration Law Officer CanNest nest emigration ☎ (604)662-3266 Info@cannestimm.com www.cannestimm.com
How to 'Apply for a Criminal Amnesty' for Immigration to Canada
Under the Canadian Immigration Act, if a country has lived in Korea for more than six months, it is required to obtain a criminal record of that country, and if there is a criminal record, the visa or immigration application to Canada may be rejected due to the reasons for not being allowed to enter the country When applying for a visa or immigration, you have to make sure that you have criminal facts and fill out an application form. If you mark that there is no crime when applying for a visa, you may be penalized when applying for immigration. For your information, the investigation experience is not recognized as a crime and therefore excluded, but the investigation experience should also be added to the crime scene to prepare it. If there are no criminal facts on the criminal record, there will be no problem in visa or immigration preparation, but if you check the above criminal facts, you should apply for an amnesty or an automatic pardon. The timing of an amnesty, namely a lottery application or an automatic pardon, depends on how a crime has been committed. The intensity of Canadian crime can be divided into two main categories: petty crime and indecent crime. If a crime committed outside Canada constitutes a serious offense, punishable by up to 10 years in prison if it is committed in Canada, an amnesty can be applied after five years of completion of the sentence imposed and is considered automatic after 10 years. In case of one serious crime committed in Canada that could be punished by a maximum of 10 years in prison or more, an amnesty can be applied for after five years of imprisonment or a crime has been committed, and automatic pardons cannot be granted. If two or more crimes are committed outside Canada that are considered misdemeanors if they are committed in Canada, they are considered automatic pardons five years after the sentence is imposed. If more than one misdemeanor has been committed in Canada, it will be considered an automatic pardon five years after the penalty is completed. If more than one felony has been committed in Canada, an amnesty letter must be issued by the Canadian Parole Board of Canada (PBC) five years later. All of the above periods will be calculated from the completion of all sentences or after the fine has been paid For example, if you committed a misdemeanor fine in May 2012 and paid the fine in October 2012, the five-year calculation will be calculated from October 2012 and considered an automatic pardon in October 2017. Also, even if it is considered an automatic amnesty due to the length of time, it is up to the examiner's judgment, so we recommend lowering the risk burden by applying for amnesty in advance. For your information, from December 21, 2018, the Canadian DUI Act has been strengthened, and you will be required to apply for a pardon after five years when you pay a fine instead of automatically granting a pardon. Please remember that all applications for pardons are not approved by condition, and that pardons can be rejected if the crime is very bad or if the reflection is not shown, and the amnesty law is updated frequently, so you must identify and apply for pardons. Justin Sim / Immigration Law Officer CanNest nest emigration ☎ (604)662-3266 Info@cannestimm.com www.cannestimm.com
I want you to know the new immigration law and be prepared.
On November 7, 2018, BC's Department of Immigration will suddenly announce new information, which will affect the immigration of many people. The biggest change of all is an update on a number of jobs that can earn additional scores. In the past, there have been jobs where you can earn extra points depending on your job, but some of those jobs have been abolished and added. The most influential job that many Koreans usually do is a chef, chef, or baker, who can no longer earn an additional 10 points. But on the other hand, with the addition of new hairdressers, barbers, transport managers, photo-grippers, graphic designers, they got an additional 10 points. And if you used to call these extra-curricular groups Top 100 Occupational in the BC, the term has now changed to The BC High Demand Occupation List. Before the announcement, however, applicants who have registered or have applied for the Pool before November will not be included in the new policy. It is not possible to say that the above jobs have been permanently excluded or added because the BC states usually adjust as needed. In addition, the following additional updates have been made: He announced that the Job Offer position would not be conditional if it would allow him to spend more time outside of There is no definition of the exact time, and the International graph category does not apply. There are two additions to categories that go into the Entry Level and Semi-skilled (ELSS), NOC C or D jobs, for example, servers, barista, etc. First of all, if you have the same employer, you can change the position that you received as semi-skill. For example, if the application is made to a server, but you later switch to a barista position, you can change it for the same employer. However, if the application is already received, the application must be withdrawn and re-submitted with the changed information. Second, the annual vacation will be added to the working period. For example, I have worked for the last nine months, and within that nine months, I have worked for two weeks. There have been a lot of sudden changes this time, but since many job groups have been excluded from the additional 10 points, it is expected that the scores to be given in the Invitation itself will be lowered, and chefs, cooks and bakers have a federal immigration method called Express Entry-FST, which is not necessarily BCPNP state immigration, so consider entering EE I recommend that anyone who needs a year of experience in Canada by checking the correct immigration method for himself and preparing for a new state immigration if he or she has a career score, salary score, English score, or spouse, which is the next best way to improve his/her permanent residency score without being too sensitive to change. Justin Sim / Immigration Law Officer CanNest nest emigration ☎ (604)662-3266 Info@cannestimm.com www.cannestimm.com
Let's get a full transcript of the criminal and criminal record required to apply for permanent residency.
cifications, but from last year and this year, most cases will be returned with insufficient documents unless they are checked by the Criminal Investigation Career Register and submitted Any country that has stayed in Korea or overseas for more than six months must receive and submit a Police Certificate. If you live for more than six months and do not submit documents for your country, you may have to re-enter the process of applying for immigration from the beginning, or you may have to cancel your ongoing immigration. Last but not least, I must confirm the names of documents and crimes issued by the Korean police station. Report of investigation history (including effective older brother, etc.) shall be issued in Criminal (Investigation) Records Check Reply English. Justin Sim / Immigration Law Officer CanNest nest emigration ☎ (604)662-3266 Info@cannestimm.com www.cannestimm.com
LMIA, how can I apply? Part 3
In this column, we will explain how LMIA was changed back to approval in the first and second episodes of LMIA approval procedures and procedures mentioned in the first and second chapters. LMIA is an important starting point for those who plan to apply for a work permit and plan to proceed with their permanent residency, which will have the biggest impact on their future immigration applications. This first step is important. LMIA is what people do, so sometimes people say no. Fortunately, the approval rate of LMIA, which was difficult until last year, has been very high since early 2018 and many people have prepared for permanent residency quickly, but as the year's end, the approval rate of LMIA is decreasing a little. What's important here is how to increase the approval rate. And it's a way to deal with rejection. I'll give you an example of a real case where it's almost rejected. ■ There was a person who wanted to get an LMIA in the Baker position through Cafe A. A Cafe itself wasn't a big company with seven or eight full-time employees, but we've applied for LMIA with an ad that says we're looking for a Baker with over three years of experience to provide you with higher quality bread. There was no problem answering all the documents and questions, but the inspector of Service Canada, who is interviewing, persistently asked why we should hire a three-year-old Baker at the end of the interview, and tried to refuse, saying it was too much to ask for a Baker with three years of experience compared to the size of the company. The employer felt that the Service Canada examiner's decision to reject it was unfair because of its small size and provided evidence of why he needed three years of experience. A Cafe provided all the bakery items, menus, recipes, and the making process with detailed photos to Service Canada, and the result of 2-3 e-mails was fortunately approved two to three days later. In these cases, the current trend may lead to rejection for reasons that require too high or too low a career condition for the position you are applying with the appropriate companies. The point of the above example is not to accept the rejection as it would be right after the interview, but to appeal as best you can by providing the evidence or reasons why this person needs it, and the Service Canada examiner may also do it, so if he reviews it more and submits valid reasons and evidence, the case may be approved by effort. ■ In the second case, there was a case in which I applied for LMIA with advertisement that I was looking for FOOD SERVICE SUPERVISOR position with 1-2 years experience in a restaurant, but I tried to reject that my experience of more than 1-2 years is too short. The LMIA judge, Service Canada, was adamant that the restaurant's current staff size would not require a foreign Supervisor, so try to find more locals. The employer, who had to hire Food Service Supervisor, submitted the company's annual revenue growth accounting data and the increase in Take Out customers during the summer for additional reasons. We've submitted additional ads that have been in place for more than two months as evidence that we haven't been able to get the right Canadians local job even though we're still running the ads. As a result, LMIA moved the LMIA examiner's mind to review it once again, and finally, LMIA got the approval. Even in this situation, you should not give up and try. Depending on the LMIA examiner, you may be interviewed easily or, even under the same conditions, rejected by difficult interviews. If you refuse, it doesn't mean you're out of options. In case of rejection, once again, remember the reason for the rejection and then re-submit it after re-advertising and preparing the document. Even if you have refused the same position before, the LMIA, which has been re-submitted, will give its approval. There is a way to resolve the rejection, so don't let hope go, even if the results are not good. And if you're applying for a re-extended LMIA from the same company, you have to do more than a month of advertising and prepare your documents the same way you used to, but the other thing is, you have to have the Payroll you're receiving at work. Additional documents for re-extensioners are usually requested for an additional 3 months of the most recent Payroll. Make sure you're getting the right amount for the letter from the old LMIA. There are cases where approval is given immediately after an LMIA interview, but there are cases where additional documentation is requested or approval is withheld. In this case, we'll give you four to five days or a week. This can be a time of failure, which can be a time of joy to actually wait for results, but in the case of a close case, depending on how you're prepared, you're going to change the approval rate. The most important thing is always the follow-up with the SERVICE CANADA examiner, and the immigration consultant and the paper agent. In fact, the above cases are a good one to change the near-rejected case back to approval, but the best way to do it is to talk to an expert even before you're ready to do it and increase your LMIA approval rate without any problems. Employers want LMIA to ensure stable employees and prepare applicants for permanent residency to prepare for a step further after the LMIA process. Justin Sim / Immigration Law Officer CanNest nest emigration ☎ (604)662-3266 Info@cannestimm.com www.cannestimm.com
LMIA, how can I apply? Part 2
Last time, I explained about the stage of applying for LMIA and the basic qualifications. This time, I'll explain in more detail the type of LMIA, its strengths and weaknesses, and what to take care of. Types of LMIA There are four main types of LMIA: Low Wage LMIA, High Wage LMIA, Dual Intent LMIA, and PR support LMIA. Each type has its strengths and weaknesses, and each individual needs a different LMIA. I hope the person who applies for it in the future will help you figure out what kind of LMIA is suitable for you. Low Wage LMIA ∘ Plan Purpose: 1 Year Work Permit Support ∘ Target jobs: All jobs are available for NOC 0, A, B, C, and D. ∘ Employment Limits for Foreign Workers (CAP): For companies with more than 10 employees, there is a employment restriction that allows only 10 percent of foreign workers to be employed, so if the employment rate exceeds 10 percent, including those already employed, the general LMIA cannot proceed. For example, if a company with a total of 10 employees already has LMIA, the company is subject to CAP limitation and cannot proceed with additional general LMIA. ∘ Applicable time: right after opening ∘ Submission documents Business License Certificate of Incorporation Financial documents or accountant findings letter Review Period: 12 – 26 weeks after application Cost: $1,000 ◆ Advantage: No matter when you open your business ◆ Disadvantages: 1 Year Work period support Long Service Period: 12-26 Weeks (Recently, it takes more than 5 months to receive documents.) High Wage LMIA ∘ Plan Purpose: 2-Year Work Permit Support ∘ Target jobs: All jobs are available for NOC 0, A, B, C, and D. □The most important thing here is that the minimum wage should also match the Median Wage per job, but also the Median Wage set for each week. Please refer to the table below for Median Wage set per week. In other words, when applying for High Wage in BC, the minimum offer must be at least $23 (BC week). ∘ Restrictions on employment of foreign workers (CAP): Not applied ∘ Applicable time: right after opening ∘ Submission documents: Business License Certificate of Incorporation Financial documents or accountant findings letter Review Period: 2 – 12 weeks after application Cost: $1,000 ◆ Advantages: Application is available regardless of when the business is opened, quick procedure, 2-year work period approval, or Cap-independent. ◆ Disadvantages: High Wage Transition Plan: Reasons for why you couldn't pick a local person for an application, and reasons for how you could make efforts to hire a Canadian or permanent resident for the next 1-2 years. Dual Int LMIA ∘ System Purpose: Two-year Work Permit and Permanent Resident Support ∘ Target jobs: NOC 0, A, B ∘ Restrictions on employment of foreign workers (CAP): Not applied ◆When to apply: After more than a year of business operation after opening the business ∘ Submission documents: Business License Certificate of Incorporation Financial documents or accountant findings letter 〇 Period of assessment: 2–12 weeks after application ◆ Cost: $1,000 ∘ Advantage: fast procedure period, 2-year work Permit approval, Employable regardless of Cap 〇 Disadvantages: Business operating for more than one year PR Support LMIA (Not Dual Intent) ∘ Purpose of the system: to support permanent residency ∘ Target jobs: NOC 0, A, B ∘ Restrictions on employment of foreign workers (CAP): Not applied ◆When to apply: After a year of business operations after opening ∘ Submission documents: Business License Certificate of Incorporation Financial documents or accountant findings letter Review Period: 2 – 12 weeks after application Cost: Free ∘ Advantage: fast procedure period, 2-year work Permit approval, Employable regardless of cap, free application 〇 Disadvantages: Business operating for more than one year precautions There are many important factors in determining whether to approve or reject LMIA, but the most important factor is advertising for the job search. The LMIA assessor examines the duration of the advertisement, the media used, the type and contents of the advertisement in detail. Advertising places are rejected by the individual examiners if they feel insufficient in their efforts to recruit their own citizens, the Canadian or permanent residents, as compared to the labor office's tough advertising guidelines, such as job banks, ethnic minority sites, new immigrant sites, and aboriginal sites. It is recommended that you check the above LMIA types and their strengths and weaknesses and proceed with LMIA and WORK PERMIT to meet the conditions and conditions of the company in which you can get support. Considering the size of your place of work, how you can support it, and how you can process it, we recommend that you consult an immigration consultant or an immigration lawyer with an ICCRC license and find a way to suit you. Justin Sim / Immigration Law Officer CanNest nest emigration ☎ (604)662-3266 Info@cannestimm.com www.cannestimm.com
LMIA, how can I apply? Part 1
LMIA, I know. Let's sign up. <1> Among the many people who are thinking of immigrating to Canada, I will first look at how to immigrate with a work visa through LMIA. A lot of people are having trouble applying for LMIA without knowing the proper procedures or methods. Today, I'll explain what LMIA is and how we can get it. Firstly, in order to hire foreigners, an employer named LMIA must obtain permission from Service Canada (Labor Administration) and the approval process of the Labor Office is easily called LMIA. In principle, all jobs in any country will be prioritized by their citizens, Canadian citizens or permanent residents, and only foreign workers will be allowed to work in jobs that their citizens do not want or cannot fill with their own people. And the lMIA is being hosted by two agencies: the employer and the labor office, not the foreign applicant. The screening criteria are the severity of the labor shortage and the approval rate depends on how the application or interview appeals to it. Phase 1 to support LMIA of foreign workers. Find an employer When looking for an employer or position at this stage, the applicant should look for an employer or position that is closely related to the field of experience or major he or she has worked in the past. In short, if the above employer's position in the field and the applicant's career or major are not relevant, the job applicant's position will ask why he or she should be brought abroad. At least one required requirement must be matched according to the position of the appropriate career or academic background or certificate acquisition. Phase 2 with a position where foreign workers will work. a four-week run of advertising The reason why we need to run the ads for four weeks is that before we hire a foreign worker, employers must try to hire their own citizens first. Advertisements should be increased by at least four weeks in order to prove how much effort was made to recruit Canadians during the LMIA audit. LMIA recruitment ads must meet very challenging conditions, unlike regular job openings. ▲Using a government website called Job Bank Use a timestamp called ▲Job Match ▲Underreleased Group, i.e. advertising at least two websites targeting aboriginal, new immigrants, youth, and disabled people If you cannot find your own Cannedians who are fit for your job despite more than four weeks of advertising, if you have reviewed other applicants' resumes and found a candidate you like, apply to the Labor Office, the first step of legalizing a foreigner's visa. Phase 3 When applying for LMIA, various company documents and Receive $1,000 for LMIA Government The $1,000 receipt fee must be paid by the employer because the employer is seeking LMIA approval from the Labor Office to hire an employee. Step 4 Service Canada (Labor Office) Conducting the president's telephone interview. If you are randomly two to three weeks slow after applying, the Labor Office will call your employer to request an interview within six months. This interview will determine if LMIA is approved. Step 5 within a week of the interview LMIA Acknowledgement Results Notification If LMIA has been approved through the above procedure, a foreign applicant will now apply for CIC and Work Permit with the Positive LMIA. Basic Qualification Criteria for LMIA Applications In order to apply for LMIA, there are basic conditions for the company and the positions it supports, such as large employment positions, working hours, and minimum wages. ∘ Employment positions ▲NOC 0, A, B, C and D: NOC Code is short for National Occupational Classification and is easy to understand. NOC Cordon Szm is classified as either skilled or unskilled and is divided into five occupational groups by Skill Level. □Skill Type 0 (Zero): Manager-level job: Management career required (Mine manager, Restaurant manager, etc.) ∘ Skill Type A: Professional occupations: usually requiring a four-year or higher education (doctors, dentists, architects, etc.) ∘ Skill Type B: Proficiency/technical occupation: usually requiring 2-3 years of college or career (cookers, infant teachers, nursing assistants, office assistants, etc.) □Skill Type C/D: Unskilled Jobs: Possible without Training & Career (Cleaners, Server, Barista, Housework, etc.) □It is very important to check the NOC code of your job precisely because different levels of experience, academic background, credentials, and English scores are applied differently. Usually, the process of permanent residency is Skill Level B or higher, so you must check the level of your job code. □Full-time full-time:The employment contract must state that you will work at least 30 to 40 hours a week. Canadian Labor Law requires at least 30 hours of work a week to be full-time full-time and is not subject to LMIA applications unless full-time. □Median Wage:Median Wage is an hourly median salary based on the position offered by the company in accordance with the company's location, Province and City. If the offer does not meet the salary of Median Wage or higher, the application cannot satisfy the basic conditions of the LMIA application. Employers preparing for LMIA and those receiving LMIA support through job openings will be encouraged to understand exactly what is going on with LMIA and to check the time required and the documents required to be provided and to proceed with LMIA preparation. Justin Sim / Immigration Law Officer CanNest nest emigration ☎ (604)662-3266 Info@cannestimm.com www.cannestimm.com
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