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A story: "It's home, and I don't want to leave."

Saskatchewan_Regina

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Mar 3, 2016
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A Burnaby student who has lived in Canada since he was three may be forced to leave Canada because his family can't get permanent resident status - See more at: http://www.burnabynow.com/news/education/it-s-home-and-i-don-t-want-to-leave-1.2297619#sthash.O5ZGKUxz.dpuf

Cariboo Hill Secondary Grade 9 student Jonathan Newman is leaving on a jet plane and he doesn’t know if he’ll be back again.
The 14-year-old has lived in Canada since age three, making friends in his neighbourhood near the Burnaby Mountain Golf Course and at Scouts, Sperling Elementary and Cariboo Hill Secondary.
But he, his mom and his dad, David Newman, an SFU communications instructor, can’t stay because of problems with their immigration status.
“It’s home, and I don’t want to leave home,” Jonathan told the NOW. “I’d be fine if I was gone for just a year, but anything more than that, I wouldn’t really like that. I’d be away from all my friends who I’ve known for 11 years now.”
Jonathan’s dad, who holds a New Zealand passport like his son, is caught in a catch-22 when it comes to getting permanent residency in Canada under the current express-entry points system.
Newman senior gets no points for having a continuing position at SFU – even though he has been working at the university continuously for eight-and-a-half years – but he said he is blocked from consideration for permanent positions because of his immigration status.
With the expiry of his post-graduation work permit (Newman finished his PhD at SFU in 2013), he can no longer work in Canada and Jonathan can no longer attend school.
The family is appealing to Minister of Immigration John McCallum through Burnaby North-Seymour MP Terry Beech’s office, hoping the minister will use his discretionary powers to grant the family permanent residency or an invitation to apply on humanitarian and compassionate grounds – so Jonathan can go to Cariboo Hill and the family doesn’t have to pull up its roots in Burnaby.
Newman has a lot of support in SFU’s school of communication, according to professor Jody Baker, who has personally written the immigration minister on his behalf.
“He’s had a huge impact on a lot of students here,” Baker said. “He teaches one of the introductory first-year courses, so he’s got a lot of students, and then he teachers a lot of upper-year courses. They’re very small and very intense.”
Baker said he has invited his friends and colleagues in the school of communication to write letters of support.
The communication student union is also behind him.
“Many of us have taken courses with Dr. Newman and have learned valuable things from him,” president Tiana Marconato told the NOW in an email. “As a student union, we’ll be writing a letter to the minister of immigration urging him to exercise his discretionary powers to grant Dr. Newman and his family permanent resident status so he can continue to teach his courses at SFU. We will also be encouraging students to spread the word and make as much noise as possible on our social media channels.”
The latest news from the immigration ministry is that it is working on changes to its express entry program, but there’s no guarantee Newman would have enough points under the new system either.
“It is premature to comment on possible system changes, timing or whether or not Mr. Newman would be impacted,” reads an emailed statement from communications advisor Nancy Chan.
For Newman, the process has been frustrating.
“There is some dissonance in Canadian immigration policy,” he said in an email to the NOW, “where on the one hand over 28,000 Syrian refugees can be accepted into the country at relatively short notice, and yet highly qualified scholars with years of living and working here (and ongoing work) are forced to leave because they don’t fit the narrow requirements of the points scheme.”
But that’s comparing apples and oranges, according to Chan.
“Canada resettles refugees to save lives and to provide stability to those fleeing persecution who have no hope of relief,” she wrote. “Canada’s resettlement programs are respected internationally because they
provide permanent residence as a long-term solution. Economic immigration programs, such as those under Express Entry which Mr. Newman is seeking to use as a means of obtaining permanent residence, are in place to select immigrants for their skills and ability to contribute to Canada’s economy.”
As for the likelihood the minister would step in and use his discretionary powers in Newman’s case, Chan said ministerial discretionary powers are only used in exceptional cases and each case is considered on its own merit.
Currently in Canada on a visitor’s record, Newman has started moving his family’s belongings into storage. He will fly with Jonathan on Aug. 2 to Vietnam, where they will join David’s wife and Jonathan’s mom, Hien Nguyen, who is currently there to be close to her ailing, elderly mother.
“Hopefully it’s only temporary and we’ll be coming back,” Newman said. - See more at: http://www.burnabynow.com/news/education/it-s-home-and-i-don-t-want-to-leave-1.2297619#sthash.O5ZGKUxz.dpuf
 

nope

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Oct 3, 2015
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I guess I'm confused why an educated professional with a Canadian PhD and a job can't get PR through the Express Entry system? Wouldn't this guy have about the maximum points possible? How does the system work? This article doesn't explain why he gets no points for the position.
 

torontosm

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Apr 3, 2013
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nope said:
I guess I'm confused why an educated professional with a Canadian PhD and a job can't get PR through the Express Entry system? Wouldn't this guy have about the maximum points possible? How does the system work? This article doesn't explain why he gets no points for the position.
Or, why does he even need PR? Can't he remain in Canada on a work visa?
 

siriusnick

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Jun 14, 2016
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Canada immigration policy is a known embarrassment.

On one hand, government keep crying about aging population, aging labor and higher health care burden.

On another hand, keep kicking Canadian-trained highly skilled highly paid young international professionals out of country to "protect" local labor and unemployment rate, in the mean time accepting outlanders with some third world country degree and no job offer into the country eating away social benefits while looking for a job with minimum wage.

Bravo, bravo.
 

muxican

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nope said:
I guess I'm confused why an educated professional with a Canadian PhD and a job can't get PR through the Express Entry system? Wouldn't this guy have about the maximum points possible? How does the system work? This article doesn't explain why he gets no points for the position.
He is probably getting close to no points out of the 100/110 of the age factor and I think a PhD doesn't get extra points over an MSc. Based on the previous score cutoffs, without an LMIA or a provincial nomination you must be on your early 30's or younger to get selected.
 

Alexios07

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nope said:
I guess I'm confused why an educated professional with a Canadian PhD and a job can't get PR through the Express Entry system? Wouldn't this guy have about the maximum points possible? How does the system work? This article doesn't explain why he gets no points for the position.
If he's around 40 years old and be the primary applicant with max IELTS plus 2 years of Canadian work exp (he got his PhD since 2013). Max he can score is 439.
 

tejasmhaskar

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siriusnick said:
Canada immigration policy is a known embarrassment.

On one hand, government keep crying about aging population, aging labor and higher health care burden.

On another hand, keep kicking Canadian-trained highly skilled highly paid young international professionals out of country to "protect" local labor and unemployment rate, in the mean time accepting outlanders with some third world country degree and no job offer into the country eating away social benefits while looking for a job with minimum wage.

Bravo, bravo.
Easy on the judgment there! What makes you think that they are kicking the international students out of the country? International students enrolled in a 2 year post-secondary program automatically qualify for a 3 year PGWP which eventually puts them under CEC Inland category which in turn makes it easier to get an ITA and ultimately get a PR.
As for your comment about the outlanders from "Third World Country" (as you call it), these applicants are typically in the 25-29 age bracket with an MSc or a PhD and 3+ years of post qualification experience. As regards to their degrees, CIC has had them validate their degrees through WES already. And you will find many outlanders coming from top 50 grad schools (World Ranking). So, that "some third world country degree" as you like to call, is definitely better than getting a PG diploma from "some tier 2 COLLEGE (not a University) from Canada". And, there are quite a few students who enter Canada to study in these colleges and these are also the guys who end up flipping burgers and cleaning the floors after their graduation.
Bottom line - It is as difficult for inland applicants as it may be for outlanders (but its definitely not so bad). Learn to respect other people' education and background.

P.S. - I don't mean to degrade anybody out here. I have flipped enough burgers and wiped dirty floors numerous times. Everyone who is making an effort to earn their livelihood legally deserves RESPECT!
 

Alexios07

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tejasmhaskar said:
Easy on the judgment there! What makes you think that they are kicking the international students out of the country? International students enrolled in a 2 year post-secondary program automatically qualify for a 3 year PGWP which eventually puts them under CEC Inland category which in turn makes it easier to get an ITA and ultimately get a PR.
As for your comment about the outlanders from "Third World Country" (as you call it), these applicants are typically in the 25-29 age bracket with an MSc or a PhD and 3+ years of post qualification experience. As regards to their degrees, CIC has had them validate their degrees through WES already. And you will find many outlanders coming from top 50 grad schools (World Ranking). So, that "some third world country degree" as you like to call, is definitely better than getting a PG diploma from "some tier 2 COLLEGE (not a University) from Canada". And, there are quite a few students who enter Canada to study in these colleges and these are also the guys who end up flipping burgers and cleaning the floors after their graduation.
Bottom line - It is as difficult for inland applicants as it may be for outlanders (but its definitely not so bad). Learn to respect other people' education and background.

P.S. - I don't mean to degrade anybody out here. I have flipped enough burgers and wiped dirty floors numerous times. Everyone who is making an effort to earn their livelihood legally deserves RESPECT!
I think he's talking about people using LMIA to get in then keep working minimum wage jobs. These types of people are a majority in the Express Entry system:



Canadian economy is a service economy. We need software dev, IT workers, accountants, designers, professors, nurses etc. not cooks and mcdonalds shift managers.

Obviously, the outland workers with degrees from top 50 grad schools won't even need pnp or lmia to get a slot in the EE system. Those int'l students who end up flipping burgers also are not remotely close to be qualified for EE, so we don't even need to mention them in here.
 

jes_ON

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nope said:
I guess I'm confused why an educated professional with a Canadian PhD and a job can't get PR through the Express Entry system? Wouldn't this guy have about the maximum points possible? How does the system work? This article doesn't explain why he gets no points for the position.
He would get points, just not the bonus points for a valid job offer (many university faculty jobs are contract / temporary, and you need a permanent job offer for the bonus points). It sounds like the university won't apply for an LMIA, so one wonders how badly they actually want him...

It is also difficult for contract teaching positions to "count" the hours as full-time... some places only "count" the in-classroom hours, so it looks like a part-time position when it is actually full-time (if you include the out-of-classroom hours). So it may look like his 3 years of teaching experience is only 1 year... if it looks like less than 1 year, then that could also be a hughe problem. There are ways of dealing with this, where some applicants have succeeded and others have not... the following is an example of a sessional instructor trying to get EI -

https://www.cautbulletin.ca/en_article.asp?ArticleID=2300

(Experience older than 3 years does not count for CEC, nor does experience as a student - which he was, until 2013).

He could have applied under the BCPNP, though, so ironically, this may be a case of the professor not doing his homework...
 

nope

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Oct 3, 2015
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jes_ON said:
He would get points, just not the bonus points for a valid job offer (many university faculty jobs are contract / temporary, and you need a permanent job offer for the bonus points). It sounds like the university won't apply for an LMIA, so one wonders how badly they actually want him...

It is also difficult for contract teaching positions to "count" the hours as full-time... some places only "count" the in-classroom hours, so it looks like a part-time position when it is actually full-time (if you include the out-of-classroom hours). So it may look like his 3 years of teaching experience is only 1 year... if it looks like less than 1 year, then that could also be a hughe problem. There are ways of dealing with this, where some applicants have succeeded and others have not... the following is an example of a sessional instructor trying to get EI -

https://www.cautbulletin.ca/en_article.asp?ArticleID=2300

(Experience older than 3 years does not count for CEC, nor does experience as a student - which he was, until 2013).

He could have applied under the BCPNP, though, so ironically, this may be a case of the professor not doing his homework...

Those are good points -- I assumed that he was tenure track, and I've never heard of a professor being offered a university job here and then not getting a visa; that's a category that's almost exempt from immigration regulations, in a lot of countries. You're probably right, he's likely working as a sessional lecturer or an adjunct, and doesn't have the commitment from his employer.
 

scylla

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jes_ON said:
He could have applied under the BCPNP, though, so ironically, this may be a case of the professor not doing his homework...
I was going to say this exactly. Unfortunately it looks like he created the bad situation he's in himself through lack of research.
 

thejkhan

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No sympathies from my side.

Canada cannot take everyone who wants to be here.

This guy had a better chance than outlanders - he had a PGWP and could make use of it to get Canadian experience points. He also gets points for PhD.

Anyways, if they don't want to leave, they'll be forcefully deported. Emotional appeals through media won't work and I hope no one listens.
 

djshshajtm

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He messed up and forgot to look around for PNP.
It^s his fault.
Zero symphaty for him and his family.

There are many many cases like this,
the difference is whether you take ownership and do your own research or not.

Him complaining to the media won^t change a thing.
 

bestofluck

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Jonathan might complete his studies outside Canada and apply through EE. i am sure many of us will be still here in the pool till then. :p Its 1.5 yrs to 2 yrs for many of us. Not a big deal !