International Student stream falls under the Priority Assessment Stream of the Manitoba Provincial Nominee Program. Under this category, international students can immigrate to Manitoba and apply for permanent residence status in Canada. Graduates from a Manitoba post-secondary educational institute who have a regular employment offer from a Manitoba employer, which is related to what they have studied are eligible to apply for the Manitoba Provincial Nominee Program. Below are few of the requirements for the students:

  • The applicants applying under the category for overseas students must be the graduates from a Manitoba post-secondary program.
  • An open work permit for the post graduates in Manitoba has to be applied for with the Canadian High Commission.
  • Applicants are also required to continue working with an employer in Manitoba for six months at the least, at the time of filing the application.
  • They must have a permanent and regular job offer from their employers with whom they have been working for last six months or more.

As far as the post-graduate open work permit is concerned, prospective applicants of the International Students Stream of the MPNP can apply for the same with the CIC. A maximum of ninety days is given after the completion of their academic program to apply for this work permit. For your information, graduates in Canada from other Canadian provinces can also be eligible for the Manitoba Provincial Nominee Program. However, international students who have obtained a post-secondary degree in any Canadian province cannot apply for the Manitoba Provincial Nominee Program under the International Student stream. They have the option to apply under the Employer Direct Stream. These students must meet the following requirements:

  • Graduates from any Canadian province, other than Manitoba must have been working with a local employer in Manitoba for a minimum period of six months with an open work permit.
  • They must have a Manitoba connection, maybe a family member who has been living in the province.

For more information about the Manitoba Provincial Nominee Program, contact an Immigration and Visa Consultant!

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Many people have experienced the kind of frustration, caused by the length of time they had to wait for processing of their applications under the Canada Federal Skilled Worker Program. The delay in the process has always been a matter of debate and discussions. For that matter, the visa officers utilize 2 different sets of procedures to process applications under the Canada federal skilled worker class and both the procedures require separate processing time frames.

Essentially, complete inventory under the Federal Skilled Worker Class is divided in two parts.

Skilled worker applications received before February 27, 2008

Further, applications filed BEFORE February 27th, 2008 will be divided into two categories.

Category one – Applications received before February 27th, 2008 and IRPA forms updated

Those applicants fall into this category, who have – in last 2 years time – received a communication from Canadian High Commission asking them to file updated forms and documents. The communication is more popularly known as IRPA letter. Again, some of these applicants might have also undergone the medical formalities and those who have undergone medical formalities can expect – subject to successful medical and provided no other document is pending – the visa stamping within 6 months of the medical procedure. Those who have not received any communication from the High Commission are in for disappointment. Initially and till almost early 2009, decision was being taken within one year of updating the IRPA forms and documents. Since then the High Commission has become absolutely silent and is not taking any steps to revert with decision on updated applications either. When queried, the mission responded that they will revert if required and in due course. Take note that even after decision has been taken, the medical and visa stamping process can still take another 6-9 months. A more expected scenario is that the Canadian High Commission – post updating – may take another 24-36 months to take a decision. At least they can expect, sooner or later, a decision.

Category two – Applications received before February 27th, 2008 and no communication received since filing of application

Applicants who have filed applications from January 2005 and till February 27th, 2008 are likely to belong to this category. These applicants would be facing a total blackout in terms of information on processing. Unfortunately, news for these applicants is not good as the Canadian High Commission seems to have halted these applications with no indication or announcement as to when they will start acting on them. There is such an absolute vacuum of information on such applications that the applicants would be better off to reassess their chances as per the concurrent list of 38 occupations and file a fresh application rather than waiting for earlier application to be picked up for further action. New applications are being processed from filing at stage one to visa stamping within a time frame of 12-18 months or even faster. As for applicants whose profile does not fall under new list of occupations, they should assess their chances under the Quebec Skilled Worker Program or under Australia Skilled Migrant Program. If they still are not qualified under either of the program, then they have no option but to wait for their existing applications to be processed in due course of time. Under current understanding, this could be another 4-5 years away or more. Moreover, processing delays are always changing.

Skilled Worker applications received after November 26, 2008

On November 26th, 2008, Citizenship and Immigration Canada announced a new occupation list and that is what continues to be valid till date. The overall processing time for applications, which are filed under new list is around 12-18 months and in fact, in most cases less than a year. Applicants under the new scheme undergo a two-stage process.

It is clear that the process is extremely unfair and unreasonable to applicants who filed their petitions earlier. Anyway, immigration and visa laws are not known to be always fair!

Summary

File a fresh application if qualified under the permitted occupation list for Canada.

Send your resume for assessment to ajay@abhinav.com if you wish to file under the permitted occupation list for Canada.

If filed a case before 27th February, 2008 and your occupation does not fall under the new list, then consider filing under Quebec Skilled Program or Australia General Skilled Migrant Program or even New Zealand General Skills Program.

If you do not qualify under any of these programs or do not wish to file a fresh application under any of these programs, then there is no option but to wait for visa process to get over during coming few years.

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In an era of globalization where more and more bridges are being built, studying or working overseas has become the dream of every common man. With more and more people for better standards of life, Canadian immigration process for skilled professionals has become simpler. After all, a good quality of life is that we all crave for. Isn’t it?

In order to immigrate to a better destination, the application process for Permanent Residence is the most significant step towards your overseas dream. So, here are a few ways to apply for permanent residence for Federal Skilled Worker Class in Canada:

  1. Assessment of the application at the Centralized Intake Office (CIO) based at Nova Scotia, Canada :Your application will be assessed by the officers based at CIO, Department of Citizenship and Immigration, Nova Scotia, Canada. They will make sure that all the necessary documents are submitted from the document checklist. The fee for processing has to be submitted as well. But if there is some flaw or mistake, your application with your documents and money will be returned to you with a letter which would inform you about the errors. Just in case, your application is rejected, then you will receive a letter which would inform you about the reasons for rejection and also that your fee or payment will be refunded to you

    If your application is accepted by the authorities, your application will be sent for further assessment to the local consulate located in your country of current residence. You will be sent a letter that informs you with your reference number, instructions for contacting the visa office. A copy of the recommendation letter will be sent to the local Canadian High commission as well.

  2. Assessment of Application at the local consulate office/ Canadian high commission

On the acceptance of your application, a positive recommendation is sent to the local Canadian high commission located in country of your current residence. You must submit required forms and all documents within 120 days of the positive recommendation by centralized intake office at Nova Scotia, Canada.

At this stage, the eligibility for you to have your visa will be determined on various conditions including evidence related to no criminal record. These include the selection factors based on which the applicant would be given points for each criterion such as his proficiency in the English language skills, age, and adaptability and so on. Apart from this, the applicant must also cater to the mandatory financial requirements. Also, the admissibility requirements are also important to be satisfied. Those meeting all requirements are then issued the medical forms and post medical, the applicant, spouse and dependent are invited to submit passports for visa stamping.

Based on the above two steps, the Canadian High Commission would then call for a personal interview (if applicable). Based on the performance on the interview, the visa officer takes a decision on whether to grant you a visa or not.

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The Canadian High Commission in New Delhi is constantly asking all its applicants especially those belonging to the security forces in India to submit a detailed record of all their service years. This is post the apology made by Jason Kenney, the Immigration Minister for Canada. He also indicated that the immigration counselors have too much freedom when it comes to taking decisions related to visa issues.

The recent controversy coming about is the case of a retired colonel who lives in New Delhi. He has filed his application for a tourist visa to Canada. Additional to all his documents, he was asked to submit the tax returns of his son-in-law who lives in Canada. Post submission, he was then asked to present a detailed record of his career in the Indian military which must include all the places that he was posted at and the names of his superiors.

Such information was never asked for when the colonel had applied for a visa previously and questioned if the same would have been asked from a Canadian soldier, how would Canada react to this?

It clearly shows that the apology was only of face-value and the communication gap still continues to exist. This is all happening when Canada portrayed all its intentions to further its ties with India. At the same, it has also come forward that certain Canadian Diplomats have disapproved of the Security forces in India.

With such serious allegations in the letters informing the visa denials clearly fumed the nation with many politicians suggesting to stop New Delhi being used a transit point to go to Afghanistan.

Despite promise for amendments being made, the case still seems to be the same. Being bureaucratic in nature, it is but obvious that these changes would take time to be implemented. But then, the sooner the better for both the nations!

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The visa denial series involving the Canadian High Commission in India and the Indian border protection personnel seems to be never ending. Even after expressing regrets by the Canadian immigration ministry over the issue, there were still few more details to come out. A latest report of an e-mail sent to a Punjab police officer tended to uncover the hypocrisy of the Canadian government over the whole visa dismissal saga.

Reportedly, Parmjit Singh Khaira had filed a petition for a travel visa to Canada in on August last year. However, he happened to be one of those security officials who have been rejected permits over the recent years. The Canadian High Commission in India dismissed his application after five days of his filing the same, citing the reason that Mr. Khaira does not fulfill the requirements of Canada’s Immigration and Refugee Protection Act’s Section 35(1) (A).

As per the said section, Canada does not permit the entrance of the individuals who have engaged themselves in anti-human activities. Eventually, the officer had to face more interviews, following his appeal to the consulate general in Chandigarh. Still, he was not found eligible for the visa. He then appealed the immigration ministry for a review of the decision in written in March, 2010. Khaira was then sent an e-mail from the ministry that supported the views expressed by the High Commission. The ministry stood by the views that Khaira belonged to the group of inadmissible individuals who are not allowed by the Immigration and Refugee Protection Act.

This particular case surely exhibits the slyness of the Canadian government, irrespective of its regrets over the series of visa rejection instances!

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The Government of Canada accepts many visa applications from Indians who intend to live and work in Canada. But its recent refusal of personnel who were former defense and intelligence officers has created quite a stir amongst the Indian scenario. With Nirupama Rao, the Indian Foreign Secretary reacting tough to the allegations made by the Canadian High Commission, the issue has come quite far.

There are more than 1 million immigrants living in Canada who are of Indian origin. Agreed that the decision on giving a visa permit totally rests with the visa officer and is highly discretionary in nature! At the same time, it is not apt on a nation’s part or a visa officer of a particular nation to act rather irresponsible and terming the armed forces of a nation as being violent. The defense personnel of a nation serve the country and in the process do not hesitate to lay down their lives. This can be considered as sheer insult to the uniform and the nation as a whole.

Even though the Canadian High Commission in New Delhi has practiced visa refusal over the recent years, but this concern has become an issue, when the Border Security Force of India demanded a public apology from Canada, following the most recent case of visa application rejection of Fateh Singh Pandher.

As per the latest news, the Canadian Citizenship and Immigration Minister, Jason Kenney has expressed remorse over the row of visa rejection cases that has been recorded in the recent times. He was caught saying that both the countries- Canada and India have always maintained a cordial relation and the undesired incidents have made him uneasy. This is very unfortunate that the Canadian commission in the capital of India has created such an unfavorable situation among the Indian public service officials, as well as the political arena. The minister has further confirmed that he has the utmost respect for the sub-continent and its public institutions and their operations.

The question may look as if it holds an association merely with BSF or IB staff members, but in its broader perspective, it can be applauded as a big political issue involving the image of both the countries at stake. Can we depict the refusal of visas as a strong political statement from Canada’s side? Why is this prejudice coming against the Indian applicants from defense services and intelligence background?

Coming back to embarrassment which India as a country and the applicants had to face during this overall episode, does offering an apology serve the purpose and allow the Indian defense and intelligence officials who suffered against such failures to forget about their humiliation?

Crux says that the apology can be seen as damage control, but real purpose will be solved if all the files so closed and refused are reopened and visa granted to all concerned! Needless to say, corrective changes in the legislation should be carried out at the earliest so that such unfortunate events do not reoccur again.

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Reacting to the comments made by the Canadian High Commission, Nirupama Rao, the Indian Foreign Secretary said that when derogatory comments are made, India as a nation takes it very seriously. This is especially when something is said about the nation’s Border Security Force and rejecting an application for immigration of one of its ex-constables. The Citizenship and Immigration Canada was instantly contacted regarding the same.

The Canadian High Commission had refused an application of Fateh Singh Pandher who was a constable with the Border Security Force and is retired now. Post refusal, the High Commission stated the BSF as an extremely violent group under the paramilitary forces.

Now that the Canadian government is in a mode of damage control, the Canadian Spokesperson from the nation’s Foreign Ministry, Catherine Loubier said that Canada holds the democratic procedures of India in the highest esteem. More so, the Indian Army and the other related institutions are looked upon with tremendous respect by Canada.

This clearly projects the high level of irresponsibility on part of Citizenship and Immigration Canada. This leads to question many aspects on the procedures that are carried out as part of the immigration processes for Canada.

With suspicions raised, it is for sure that the Government of Canada has to set certain issues straight before things are calm again. This is especially important for an economy which is highly dependent on its immigrants for the development of its economy.

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The controversy on the visa refusal of the Indian defence and intelligence officers by the Canadian High Commission, New Delhi is taking serious proportions. Caution is required from both sides before matters go out of control. Immediate action is a must on part of the Canadian Government to assuage the feelings of the Indian Government.

There are two different aspects involved here. Firstly, the refusal of a visa on discretionary grounds and secondly, doubting the Indian defence and intelligence agencies. While a country does have a right to control on who enters its borders, reasons for refusal should be more diplomatically mentioned.

However, it is very important for the public at large to not take the developments emotionally. It is best that matters related to management of such affairs be left to respective Governmental agencies. It is to be understood that even the Indian High Commissions located in countries across the world do profiling of visitors intending to come to the nation. Here also, in many instances, visas are refused to individuals on grounds that they feel are relevant. For example, many Chinese executives are refused business visas who are associated with hi-tech and telecommunication companies.

The current issue can also be considered as a result of extreme views that Canada and Canadians hold on Human Rights situation. The main reason is that Canadians never had a direct contact with terrorism and insurgency. On the contrary, the Indian defence deals with these issues on a daily basis. Canadian agencies still remember how the Khalistan movement was dealt by the Indian police and the paramilitary forces. Issues pertaining to the Jammu and Kashmir and the North-east are considered as a violation of the Human Rights by the Canadians.

This is the reality behind the recent refusals and controversies. The Canadian Government needs to change this perspective. They must understand that threats India faces are different and require specific action by the Indian defence forces. In the absence of the required action by them, the very existence of India comes into question. In addition, they are setting a wrong precedent. Will they tomorrow refuse entry to Americans who have been posted in Iraq and Afghanistan or for that matter Guatemala?

Human nature is such that it gets disturbed by negative news and in the process forgets about all the good things that might have happened in the past. One should not forget that over the years, Canada has accepted more legitimate Indian immigrants than any other country in the world. There is a huge Indian Diaspora in Canada of almost one million that gets equal and fair opportunities at par with other Canadians. Indians are doing very well in all spheres of life and that includes Politics and Government. For their interest alone, it is important that the current controversy be not blown out of proportion by all the concerned and handled very carefully. If that is not done, the local Canadian would start looking at the Indian Canadians with the same suspicion as they look at Pakistanis and Sri Lankans. This controversy must end soon.

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With the recent instance of the Canadian High Commission’s declination of the visa application of former Border Security Force personnel, many similar cases have cropped up of late. Reportedly, immigration petitions from many BSF officers from Punjab were rejected in a number of instances. For instance, before the case of Fateh Singh Pandher, two more applications from the border protection crew officials were refused by the commission. For reason the latter stated that both the personnels who applied for the visa were involved in “anti-military activity”. Besides, they were believed to have participated in actions that had the tendency to violate human rights in Punjab.

According to reports, the two officers were filing petitions who intended to visit Canada for personal recreation. But, many officials from Punjab have claimed that the Canadian commission makes multiple charges of wrongdoings against the officers. The commission does not even bother to verify the charges, whether an officer is involved in activities like human rights violation or not or if there are cases of such wrongdoings have been filed against him or not.

Punjab police officers have put forward the matter in front of the country’s Union home ministry. According to sources, now BSF personnels who intend to file petition for a Canadian visa will need to complete a distinctive form. The form would contain an officer’s details regarding the places where has served during his job tenure. It is believed that the Canadian high commission has recognized six districts in Punjab where maximum instances of anti-military activities are recorded.

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The recent refusal of visa application of one of the ex-staff of border security force by the Canadian High Commission in New Delhi has been roundly criticised and rightly so. It is not the refusal as such but the reasons for refusal that are the bone of contention. To call one of the Indian paramilitary forces engaged in “systematic torture” is preposterous and condemnable. However, it may be pointed out that a clarification has already been given to the Canadian High Commission. Also, that Canada respects Indian institutions and democracy and a review of the controversial refusal may be in order.

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There are two issues that stand out clearly from this refusal. Firstly, the concepts of “Immigration” and “Visa” are often used by Governments across the world to make political statements for another country. They are at times used as weapons for diplomatic negotiations. For instance, China does not issue visit visas to the residents of Arunachal Pradesh as the nation feels that this Indian state is actually a part of China. Thus, they do not a need visa to visit their homeland. Similarly, even the Indian Government has been known to be tough on issuing visas to leaders of so-called free Kashmiri movement.

Secondly, the refusal highlights the discretionary powers that a visa officers exercises in the overall decision making process. Reports suggest that the applicant in question was through with most of the immigration process, including the medical formalities. Prior to stamping, he was called for an interview which is not a standard process any more. Post this interview, his application was rejected. The refusal reasons advised by the visa officer clearly indicate a prejudiced mindset that is not taking decisions against the merit of the application.

This subsequent rebuttal by the High Commission indicates that it is not part of the Canadian government policy. This happens every day with thousands of visa applicants to various countries. The situation is worse in case of applicants for visit visa for travel or business. There is no logic or system that can justify refusal and acceptance of applications. The best would be refused for ridiculous reasons and the worst would be accepted for no logic.

The applicants would have to pay thousands of Rupees as fee for any temporary visa be it for visit or business purposes. But most times, the applicants are not even given an opportunity to present their case through an interview. Where an interview is indeed taken (for instance, USA), the applicant gets 1-3 minutes for a decision to be taken by the interviewing officer. The file that he has painstakingly prepared is not even looked into. The decision is based on how the applicant talks and walks or if he gets nervous. Why should all the High Commission and Visa Posts retain the fee of the applicants whose visit visa applications have been refused?  Is it not true that the visa posts of the popular destinations like USA, Canada, UK, France etc. are major money making machines for these Governments? If visa officer’s discretion is what is going to decide the acceptance of an application, then why not take a minimum administrative fee in the first instance and take major part of application fee if the case is approved?

Long term reforms are in order on the discretionary factors related to visa approvals. That is the only sure shot strategy to ensure that incidents related to the above do not occur again.

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