Authors

Publications

Tags

RSS Feed

 RSS 2.0

Archives

Disclaimer

Davis LLP Web Logs or "Blogs" are intended to provide general comments on developments in the law. They are not intended to be a comprehensive review nor are they intended to provide legal advice. Readers should not act on information in the blogs without seeking specific advice on the particular matter. Please contact a lawyer listed on the blog pages for additional details, or to discuss how blog information is relevant to a specific situation.

Immigration Law Blog

Québec introduces new Immigration Program based on experience gained in Québec (Programme de l'expérience québécoise)

By introducing its new "Québec Experience Class" Program ("Programme de l'expérience québécoise", or "PEQ") based on experience gained in Québec, the province will meet an objective it had set for itself in a document released in March 2008 entitled "To enrich Québec - Better Integration". Basically, the PEQ aims to promote the transition from a Temporary Resident status to that of Permanent Resident for Foreign Students and Temporary Workers. The program is expected to enter in force on February 14, 2010, the date on which the amendments to Québec's Regulation Respecting the Selection of Foreign Nationals become effective.

PEQ's intent is to facilitate the application process for a Québec Selection Certificate for Foreign Students having graduated in Québec and Temporary Workers having worked in Québec as a first step prior to obtaining Permanent Resident status from the federal government. By introducing the program, Québec follows the federal example and makes experience gained in Québec and knowledge of the French language key selection factors when applying for immigration in Québec. For such applicants under PEQ, the traditional selection grid will not apply and there will be fewer documents to include with an application. In addition, applications may be sent electronically and will be processed on a documents-only basis.

Specific requirements applicable to Foreign Students are the following: (1) the applicant must have stayed in Québec for at least half of the duration of the educational program's duration and have conformed to the student visa conditions; (2) the applicant must have obtained from an education institution in Québec subsequent to February 13, 2008, either of: i) a diploma of professional education or a certificate of professional education, which alone or combined with an attestation of professional specialization (obtained consecutively) attests to over 1,800 hours of continuous education; ii) a diploma of technical college education; iii) a University degree, whether a bachelor's, masters or doctoral. However, the following international students are excluded from the program: i) students having received a scholarship requiring return to the student's country of origin; and b) students having applied for a new acceptance certificate for studies.

The specific requirements applicable to Temporary Workers are the following: (1) the foreign worker (including the holder of a work permit under a youth exchange program pursuant to an international agreement signed between a foreign country and either of Québec or Canada) must have conformed with the conditions of his/her work permit and be legally in Québec at the time of the application; (2) the foreign worker must have employment in Québec at the time of submission of the application which is classified at level A or B pursuant to the National Occupational Classification and must have been so employed for at least 12 months during the 24 months preceding the application.

Application requirements common to both Foreign Students and Temporary Workers are that applicants must: (1) undertake to financially support themselves and their family members for a period of 3 months; and (2) demonstrate their verbal French language skills at an intermediary level.

By introducing PEQ, the province intends to promote and facilitate the immigration process for individuals who are likely to remain and contribute to the economy as a result of already living and working in Québec.

Quebec announces special immigration sponsorship program for Haiti

On February 3, 2010 Québec's Minister of Immigration and Cultural Communities Ms. Yolande James announced exceptional sponsorship measures for persons from Haiti. These measures will enable family members that are significantly and personally affected by the January 12th earthquake to immigrate to Quebec and join their families.

The measures are twofold:

1) A new humanitarian sponsorship program has been created which gives the possibility to sponsor people who are not currently admissible pursuant to the regular sponsorship program. In accordance with the program, permanent residents and/or Canadian citizens of Haitian origin who reside in Québec may sponsor their brothers, sisters, stepbrothers, stepsisters and children who are over 22 years of age, together with their spouses and dependant children. New forms to be used for sponsoring pursuant to this new humanitarian program will be available starting February 17, 2010.

2) Another measure consists in the possibility of having another person (and his/her spouse, as the case may be) without any family ties to the sponsored person to co-sign the financial undertaking together with the principal sponsor. This measure will apply to both the regular sponsorship program and the humanitarian sponsorship program described above. The co-signatories will be solidarily responsible during the length of the undertaking and the duration of the financial undertaking for the humanitarian sponsorship program will be of 5 years.

The number of immigrants from Haitian origin that Québec will accept pursuant to this program is limited to a maximum of 3,000 persons. The selection criteria applied to applicants will be chosen the degree of distress of the person affected by the earthquake and his/her capacity to integrate into Québec society.

The exceptional measures will be in effect from February 17 to December 31, 2010.