Dear Readers:

We want to take this opportunity to thank the readers of our first Canadian Immigration SOLUTIONS Newsletter for their encouraging and supporting remarks. Your responses were very positive, compassionate and interesting. We also received numerous requests to be placed on the distribution list for future editions. This is very flattering and encouraging. Moreover, the number of our subscribers to the electronic version - Canadian Immigration SOLUTIONS e-Newsletter (CISeN) is growing rapidly.

We received many comments regarding the Department's (Visa Officers) refusal of visitor visas for seemingly frivolous grounds. Many readers have been seriously and personally affected by such decisions. We will address this topic in another article in this Newsletter.

We hope that this and subsequent Canadian Immigration SOLUTIONS Newsletters will receive similar responses as the last edition.

In subsequent editions, we are planning to have a question and answer section to share questions asked and responses with all readers of our Newsletter. I trust this will be both interesting and beneficial to many of our readers. Your input on all citizenship and immigration issues is important to us.

Please feel free to fax your questions and comments at (416) 663-4931, submit via on-line contact form of our website or simply E-mail them at sgomby@immsol.com.

In future editions the Canadian Immigration SOLUTIONS Newsletter will continue to discuss important and controversial immigration issues. We will continue to advocate and lobby the Immigration Department for fair Immigration programs and policies. Your continued support in this endeavor will be appreciated.

Sincerely,


Sol Gombinsky
SOLUTIONS Immigration Consulting

The new Minister of Citizenship and Immigration, Mr. Denis Coderre, started out with a great deal of promise. He said he would listen to what was wrong with the proposed new immigration legislation and change it. So far he has only listened to his public servants, the Department's bureaucrats. He lacks the courage to substantially change the negative portions of the new proposed legislation, notwithstanding the feedback and recommendations. He led everyone to expect he would make significant changes. The only "promises" we can identify with this Minister are "broken promises".

He sent the previously proposed regulations to committee and received many excellent recommendations that would reflect Canada's needs for more immigrants, both highly educated and skilled, but it appears the Minister only listened to his senior Departmental officials, whose sole motivation appears to be clearing the backlog of some 500,000 cases at the expense of innocent applicants, whose only "crime" was to apply and qualify under the previous system. They will refuse a majority of these cases summarily and almost stop new applications from being submitted - by making the pass mark almost impossible.

The Minister stated that the previous draft of proposed immigration legislation requires serious changes. He spoke about the fact that this country was built by such immigrants as his father who came as a carpenter. "Mr. Minister, your father would not qualify under the new point system and neither would you or many other government officials if you had to apply today under the system you just approved for implementation."

The Minister in his speeches and editorials is accusing the media of distorting the impact of the new legislation, including the selection system. I can say without any hesitation that most skilled carpenters would not qualify. Most engineers, computer programmers or doctors would not qualify even with Masters or PHD degrees, perfect knowledge of one of our official languages and with at least 4 years of experience and optimum age, unless they had a Government validated permanent job offer from a Canadian company. They can only otherwise qualify if they are married to someone with similar education, have studied or worked legally in Canada, and/or have a Canadian citizen/permanent resident "close" relative.

The selection process eliminates the majority of good applicants. Single applicants without any direct connection to Canada would not qualify no matter what level of education, work experience, age and language knowledge - "even if they could fly". I ask you "is the Minister being honest with the Canadian public"?

Furthermore, many applicants who are now in the system and have put their lives on hold, waiting for years while their applications are supposedly being processed so they could immigrate to Canada, are being punished. In fact, if the Department takes longer than March 2003 to process their applications they will be further punished because the new selection system will be applied to them retroactively no matter how long they have been in the system. The reason? The Department officials do not want to apply two point systems for different applicants.

The Department created a huge backlog with their own inefficiency. It is imposing a new system and cannot be bothered to properly phase out the old one. They are punishing applicants, refusing people who would have qualified under the system that existed when they applied. Furthermore Canada's reputation internationally will suffer. We publicize one set of rules - and after receiving fees from individuals who qualify under these rules and making them wait for years - we change the system so they do not qualify! Will anyone ever be able to trust what the Government says? Will the Government change the rules again in the future and apply them to individuals who apply now?

There are other serious flaws in the new legislation - too many to mention. One example is that the traditional sponsorship of fiancé(s) no longer exists. If you become engaged to someone abroad and plan to marry him/her in Canada when he/she immigrates - it is no longer possible. However, you can sponsor him/her if you have had a "common law" or "conjugal" relationship with him/her for one year. Many religious and traditional people around the world do not have such relationships. They will now be forced to travel abroad and have their weddings abroad so they can sponsor the person as a husband/wife.

What are your comments regarding the new Minister and the new Immigration legislation? Do you believe the Government is making real progress with it's new legislation? Do you believe the new legislation is being applied fairly to those people currently waiting for years to have their application processed? Do you know of any cases of interest that you would like to share?

Your comments are welcome!

The two major barriers that many immigrants face in becoming integrated and established in Canada are: Language and Employment.

These two are very much interrelated. If you do not have adequate command of the English language (or French in some areas of Canada) it is difficult to find employment to match your education, training, skills, and experience.

In the past, Canada has been well served by selecting persons with less emphasis on language, and then investing in language skills training for newcomers once they immigrate. The new Immigration legislation now puts more emphasis on language skills in the selection criteria. In so doing Canada will lose many highly qualified and skilled immigrants because their knowledge of English (or French) is not considered proficient when their applications are filed.

The Department of Citizenship and Immigration invested heavily in the past assisting new immigrants to enhance their ability to speak, read, and write English (or French). During my career with the Department of Citizenship and Immigration, I had the opportunity to be Manager of Immigrant Settlement Services. In this capacity, I was responsible for funding hundreds of organizations and institutions to provide immigrant settlement services and programs including Language Instructions for Newcomers to Canada (LINC). One organization that plays an important role in Immigrant Settlement Services is the YMCA.

Recently, I had the opportunity to speak to the Manager of Newcomer Services at the YMCA, Greater Toronto, Ms. Penny Pattinson, and two coordinators for important Settlement programs, Ms. Cristina Marquis - Vandiak and Ms. Milena Grubic. I was impressed with the level of expertise, dedication, and commitment by these individuals and their staff. The Management team, without hesitation, identified "language and employment" as the two major barriers confronting new immigrants. I agree.

Ms. Pattinson, has been Manager of Newcomer Programs for two and a half years. She was previously a Health Program Director for the province of Ontario. As Manager, she oversees the delivery of services for two different Immigrant Settlement Programs delivered by a staff of about 50 persons speaking 37 different languages. Ms. Pattinson informed me that the one thing that impressed her most when she took on this position is "the courage of people taking the huge step to immigrate".

LINC ASSESSMENT CENTRE

Where should new immigrants go to enhance their language skills? A good place to begin would be to make an appointment at the YMCA by calling (416) 925-5462 (LINC).You can arrange to have your language skills assessed. You will then be referred to English language classes at no cost to eligible clients. Arrangements for language assessment can be made for the downtown, Scarborough or North York locations.

Who is eligible for free assessment and LINC classes?

• Immigrants to Canada;
• Convention Refugees;
• Applicants for Permanent Residence whose application has been approved;
• Minister's Permit holders.

You will be assessed on your ability to speak, listen, read, and write English. The assessment time is approximately two and one half hours (or longer). This assessment will determine the class level you will attend.

The coordinator of the LINC Assessment and Referral Centre is Ms. Cristina Marquis-Vandiak. She is very experienced in the LINC program and has been with the program since 1995. She is responsible for the coordination of services for approximately 25,000 clients per year.

NEWCOMER INFORMATION CENTRE

Another Settlement program, new to the Department, is the YMCA Newcomer Information Program. This program provides the following services:

• Information of available settlement services (what services are offered and where to access these services);
• Group orientation sessions;
• Promotion of ethnic newspapers.

The official opening of this program took place 23 November 2001. The demand for services has continually grown and last month alone 1,300 clients were served. You need not make an appointment to access this program. The Outreach Coordinator for the program is Ms. Milena Grubic.

The location is as follows:

YMCA
42 Charles St. East, 3rd floor
Toronto

The telephone number is:(416) 928-6690

You can attend during the following times:

• Monday to Thursday from 9 a.m. to 8 p.m.
• Fridays from 9 a.m. to 2 p.m.
• Saturdays from 10 a.m. to 2 p.m.

If you are a new immigrant or have family and friends who might benefit from either language training or other Settlement Assistance programs, I highly recommend that you refer them to the YMCA Newcomer Services.

If you, family or friends have participated in LINC or any other Citizenship and Immigration funded program at the YMCA or elsewhere, I would be pleased if you would share your experience with me.

The Investment the Canadian Government makes in new immigrants pays enormous dividends in benefits to Canada!

One suggestion that I made to the Minister of Citizenship and Immigration at a recent seminar is to have a process in place to review and alter decisions made that are not in keeping with the Immigration law, policy or objectives of legislation. Presently senior officials, including Managers at local Citizenship and Immigration Centres or Program Managers at Visa Posts abroad do not have the capacity to review decisions of immigration officers and visa officers - no matter how inappropriate the decision. I discussed in our first Newsletter many poor decisions without basis and little justification were being made in refusing visitor visas.

One such recent example that came to my attention involved a woman who was refused a visitor visa with the only reason given that "She was not sufficiently established…" in her home country. Visa officers often do not elaborate on the reasons for refusal and often inform applicants that it is not necessary to provide any more reasons. The fact of the case is that this woman just gave birth to her 11th child. Her Canadian relatives (sisters and family) invited her here to spend time with them as she was undergoing depression related to having her 11th baby. She was invited by her sister and other family in Canada to take a vacation here. She was invited to take along her baby. She would leave her husband and other 10 children in her home country. The older children would help take care of the younger ones.

Examples of decisions inland involve the inconsistencies in refusing extensions of visitor status to persons being sponsored to remain in Canada, even though applicants are instructed to apply for extensions. At times, arrests and detentions take place without appropriate grounds.

Persons can often be arrested and detained without warrants under the Immigration Act. Some officers have been known to abuse their authority.

There were many other cases given as examples of "poor" decisions, but too many to share with you here.

My suggestion is that the Department employ Ombudsmen both abroad and in Canada with the authority to change poor decisions. The Department wastes a great deal of time, money, and energy defending cases at hearings and appeals, including judicial reviews. In addition, many such cases are never reviewed, as the review process is very costly and not affordable by many individuals.

What is your opinion about an internal review process? Are you aware of any questionable decisions? Please provide your comments to us. We can share this with other readers in future editions of the Newsletter.

Canadian Immigration Training Academy (CITA) welcomed its first students this year. We believe that in a multicultural country like Canada, which has been developed by immigrants, there should be a Training Academy that specializes solely in Immigration training.

The interest in CITA's program is growing. The timing for immigration training is excellent given that the new immigration legislation was recently implemented and because the new Citizenship and Immigration Minister has made the registration and/or licensing of Immigration Consultants (Practitioners) a priority. Our intensive training program includes actual case studies and some of them are real examples provided by trainees.

We want to take this opportunity to thank the readers for the interest shown in the Immigration training program. We also wish to inform those people interested that were unable to attend earlier, that the next session is due to commence in August.

We would like to share with you several written comments received recently from our trainees:

"When I came to the class for the first time I was very nervous for the reason that I was away from studies for over twenty years. I feel I am gaining confidence due to such factors as the size of the class. I understand more and more every time in the sessions. Thanks."

"Everybody who migrates to Canada has to deal with immigration and citizenship, so I joined Canadian Immigration Training Academy. Now … I think that was the right step. I not only have more understanding of Canadian immigration law now, but I think that in certain situations I am in a position to assist other people as well. So that is success."

"…Thank you for admitting me to this Immigration Program and I feel very good in sessions. I personally feel I am overcome with your training and experiences having passed on to us and could help our customers in a better way…"

These are several questions that are frequently asked about our academy and program:

Question: How long does it take to complete the program?
Answer: The first module is 9 weeks long with classes held two nights per week.

Question: How is it possible to finish so soon?
Answer: The course is an intensive program that involves 5 hours of lecture per week as well as home readings and exercises.

Question: What skills will be taught?
Answer: Our students develop and improve their interview, assessment, investigation, and report writing skills.

Question: How many students are there in a class?
Answer: At CITA we are committed to provide a more private and interactive environment for our students. The average class size is 10 students.

Question: Is job placement assistance available?
Answer: CITA has possible job placements available to our students.

Question: What kind of job can you expect to get once you finish the training?
Answer: There are many job opportunities. You may gain employment with immigration lawyer or practitioner firms, with immigration assistance agencies or organizations funded by government. You may work for yourself as a sole practitioner or apply to work for the Immigration Department.

You can find more information about CITA and register for immigration training on our website at www.citacademy.com or by calling (416) 661-6376.

The Immigration Department does not encourage people to hire a professional to aid them with applications or immigration problems, but many immigration processes are complex if you do not have the experience in this field. For example, many competent lawyers refer immigration cases to other lawyers, consultants/practitioners like me. In fact, I have represented lawyers who have sponsored their own family class relatives.

I have been working in immigration matters for 35 years now. I spent 30 years with the Department and am familiar with all the programs, whereas this may be your first application. I have assisted many persons with their applications whose family class members have been refused and I have been successful, but as they waited to get professional help, it cost them additional expenses and lengthy delays.

My advice to you is that it may be helpful to you to have the services of a consultant, immigration lawyer or practitioner - but be careful to select someone that is competent and trustworthy.

The new Immigration Minister has set as one of his priorities to register and license immigration practitioners/consultants. Many Immigration Practitioners and Immigration lawyers belong to one of 2 major associations who endorse registration and licensing so that clients receive protection from incompetent and unscrupulous lawyers, consultants, and other persons who take advantage and prey on desperate people. Fees are often exorbitant, empty promises are made, and services are inadequate due to lack of training, skills or experience.

Visa Offices (abroad) and Immigration Centres in Canada should refuse to permit those without accreditation to represent individuals. There should be penalties for those who deliberately take advantage of people.

In conclusion, there are two important points to consider when you are seeking services in Citizenship or Immigration matters:

• It may be costly not to be represented by someone competent, as the consequences of not doing something correctly can be significant;
• When selecting someone to represent you, you should ensure the person has the necessary knowledge, training, and experience to represent and assist you. Membership in one of the Canadian Immigration Associations can be helpful. If you are in doubt, you could ask for references.

Have you had any experiences where you wish you were represented? Have you had any bad experience with an immigration lawyer or practitioner? Do you know anyone who has? Your comments are welcome.

We would like to extend a big THANK YOU to all our readers, especially those who have sent us feedback on our free Canadian Immigration SOLUTIONS e-Newsletter. We love hearing from you! Keep your comments and suggestions coming! We appreciate all your kind words and support.

Please click here to send us your comments.

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