Author: Kranc Associates

Many temporary applications are now submitted to Immigration, Refugees and Citizenship Canada (IRCC – formerly CIC) through their online portal. These applications can include work permits, study permits, and temporary resident visas, along with renewals of such documents.

Until now, utilizing the IRCC online portal could only be done if someone filed his or her application through that portal. Effective immediately, even applicants who filed using other methods – notably paper-based mail-in applications – can register their applications to their online account, and receive IRCC communications through the portal rather than by mail or email. There may be reasons to file applications other than through the IRCC portal, but applicants can now access the same information that can be obtained by those who filed through the portal. This will enhance the ability of applicants, and their counsel, to secure information about cases, and may alleviate the need to, for example, call the IRCC helpline, which can sometimes be a frustrating experience.

Further enhancements to IRCC’s online portal are expected to continue, and we will apprise readers as information becomes available.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Each Canadian Province administers its own Provincial Nominee Program (PNP). These programs allow provinces to nominate a number of permanent residence applicants each year, bound for the particular province, based on criteria set by the province. Most provinces have some version of an ‘economic’ class program, as well as a business program. Each PNP has quotas as to how many people can qualify each year, and how many people can qualify in each particular type of program administered. (Ontario’s overall allotment is currently 5500 per year.)

Ontario has a number of specific economic class programs. These include,

• The Human Capital Priorities program
  • Note that candidates do not proactively apply under this category. Rather, the Ontario PNP nominates people based on its own criteria, from the federal Express Entry pool
• The Employer Pre-screen program
• The International Student – Masters Graduate stream,
• The International Student, – PhD Graduate stream,
• The French-Speaking Skilled Worker stream, and
• The Corporate stream
  • This is for companies investing in Ontario

Ontario used up its 2016 allocation for the Human Capital Priorities program in February. As such, Ontario has not been sending, and will continue not to send, expressions of interest for this program until further notice (probably in 2017).

Effective May 9, at 5pm EDT, Ontario has now paused intake on other streams, due to the high volume of applications. The programs affected are:

• The Employer Pre-screen program
• The International Student – Masters Graduate stream, and
• The International Student, – PhD Graduate stream.

Applications received for these streams will be returned to applicants, and no further applications will be permitted until such time as the Ontario PNP program permits.

However, some applications will continue to be received. The Ontario PNP advises that it will continue to accept applications from Foreign Worker and International Student with a Job Offer applicants as Employer Pre-screen applications are assessed. Only those Foreign Worker and International Student with a Job Offer applicants whose job offer has been approved through the Employer Pre-screen application process may continue to apply to the Ontario PNP.

Also, The Ontario PNP continues to accept and process applications for the French-Speaking Skilled Worker stream, and the Corporate stream.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

In August 2015, Canada introduced ‘Electronic Travel Authorizations’, more commonly known as eTAs. Subject to some exceptions (notably U.S. citizens), an eTA is an approval required by non-visa nationals before traveling to Canada. A full explanation of the requirements for, and the exceptions to, eTAs, is found in our previous ImmPulse™ release at http://www.kranclaw.com/2016/01/electronic-travel-authorizations-beware-the-ides-of-march/. 

Though the program was introduced last August, the date on which the requirement was to become mandatory was set to be March 15, 2016. Just prior to that date, however, Immigration, Refugees and Citizenship Canada (“IRCC”) announced that the mandatory implementation date would be postponed to a future date, as yet undetermined.

IRCC has now announced the new mandatory eTA implementation date: September 29, 2016.

As such, non-visa travellers should again be aware of this requirement, and ensure that they take proper action before travelling to Canada.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

 

 

Subject to various exceptions, the initial conceptual starting point for any work permit application is that an employer must secure a Labour Market Impact Assessment (LMIA) for any position which it wishes to fill with a temporary foreign worker (TFW). Within this scheme there are many rules, including different considerations for low-wage vs. high wage workers.

When it comes to low-wage workers, the system has, for the last several years, imposed various restrictions including a cap on the number of positions an employer could fill with TFWs. Subject to some exceptions in this regard as well, and a phase-in period, an employer has not been allowed to have more than 10% of its workforce composed of low-wage TFWs. This was obviously designed to protect Canadian low-wage workers.

However, the government – without public announcement – has altered this rule. Now, “employers in seasonal industries hiring TFWs in low-wage seasonal positions that are no more than 180 calendar days in length…” may exceed the cap, effectively allowing unlimited recruitment in various industries. The change defines seasonal as a situation where “both the industry and the occupation experience significant fluctuations in labour demand between “peak” and “off-peak” periods, usually occurring on or around the same dates every year”. [Note that there was a prior exemption made for the seafood industry of a 120 day work period, but this new provision is (a) obviously for a longer period, and (b) applicable to any ‘seasonal’ business.]

As with many changes to the Temporary Foreign Worker Program, there are proponents and opponents. Among the opponents are the restaurant industry which claims that this creates a double standard. As of this time, there is no indication, however, that this new provision will be broadened.

In its current form, the exemption can only be used one time, per work location, for applications received no later than December 31, 2016. No formal announcement has been made about future years, but this type of program will likely become more a fixture of the system.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Effective June 1, 2016, foreign francophone (French-speaking) workers  destined for locations outside the province of Quebec, may be able to secure Work Permits without the need for their employer to first secure a Labour Market Impact Assessment (LMIA). This could be a great boon for both Canadian employers and the foreign workers they seek to hire.

The LMIA exemption, called the ‘Mobilité Francophone stream’ will apply to francophone workers who are in managerial, professional, or technical/skilled trades, who will be working in francophone-minority programs outside Quebec.

Full details are not yet available, and we will certainly provide them when released.

 

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

As readers will know, we have been anticipating the implementation of the mandatory Electronic Travel Authorization (“eTA”) requirement on March 15, 2016. eTAs are applications required by travellers to Canada from countries where a visa is not required. Subject to limited exceptions (notably US citizens), anyone boarding an airplane starting March 15 would require an eTA. For details about the program, its requirements, and its impact on travellers to Canada, please see http://www.kranclaw.com/2016/01/electronic-travel-authorizations-beware-the-ides-of-march/.

However, the Canadian government has just announced that the implementation of the mandatory eTA requirement is being postponed until the fall of 2016. No specific date has been provided.

Please note that, though not mandatory, it is still possible to obtain an eTA at this time, which will be valid for 5 years. Frequent travellers may still be well-advised to seek an eTA now to avoid difficulties in the future.

We will of course provide further information about the program as soon as it becomes available.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Under Canada’s former Conservative government, various amendments to Canada’s Citizenship Act were enacted, with rather restrictive features. Among other matters, the time needed to get citizenship after becoming a permanent resident was increased, time spent in Canada before securing permanent residence was no longer counted, and perhaps most notably, the government could revoke citizenship for certain people convicted of terrorism and related offences.

Canada’s new Liberal government, elected in November 2015, is set to reverse or change many of the amendments enacted by the prior government, in accordance with its election promises.

Though not enacted yet, the government has announced that the following changes will soon be forthcoming with regard to Canadian citizenship law.

The Canadian government will:

• Repeal the provision whereby Canada can revoke citizenship of dual nationals convicted of ‘terrorism’, or related crimes.
• Repeal a provision whereby citizenship applicants must declare their intent to continue to reside in Canada. The new government has stated that Canadian citizens should not be restricted from their ability to move outside Canada.
• Reduce the physical presence in Canada timeframe required by permanent residents for eligibility before seeking citizenship. The current 4 out of the last 6 years, will be changed to 3 out of the last 5 years.
• Allow time spent in Canada before becoming a permanent resident to be counted toward the citizenship physical presence requirement set out above. The law will allow citizenship applicants to count days in Canada as a temporary resident as ½ days for up to a maximum of 1 years’ worth of residency for the purposes of a citizenship application.
• No longer require 183 days of physical presence within each of the years of the residency requirement, as had been established by the prior government.
• Require language and knowledge tests only for applicants aged 18 to 54 (as had been the law prior to the current legislation). The Conservative government had expanded the range to include those aged 14 to 64.

There will be some additional enhancements to the administration of the Citizenship Act, but the above represent a major revision of citizenship law in Canada. Anyone impacted by these changes should of course seek appropriate counsel as to any actions that may be necessary.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

What’s New

Immigration, Refugees, and Citizenship Canada (IRCC, formerly CIC) today announced that effective February 17, 2016, two new LMIA-exempt work permit categories will be available.

Under the International Mobility Program, these categories will be:

• Television and Film Production Workers (considered under ‘significant benefit’), and
• Performing Arts (considered under ‘reciprocal benefit’)

(a)          Television and Film Production Workers

Under this category, “foreign nationals in the television and film industry whose position or occupation is essential to a TV or film production may be eligible for an exemption from the Labour Market Impact Assessment (LMIA) requirement”. The exemption is to be applied by officers who are satisfied that “the work is essential to a TV or film production (and) would create …significant economic benefits and opportunities for Canadians”.

Documentation in support of such an application that will be required are:

• A letter of support from the production, which contains, among other matters:
  • Name and contact information for production
  • The working title of the production, and where and when it will take place
  • The name of the applicant, and a statement that his/her position is essential to the production
  • Details of benefit to Canada, including:
    • The number of Canadian jobs that will be created
    • Estimated budget
• A letter from the relevant union/guild, which contains, among other matters:
  • A description of the union/guild
  • The working title and location of production.
  • The name of the applicant, and a statement that the union does not object to the issuance of a work permit to the foreign national

IRCC indicates that this exemption will apply to high wage categories, based on the province of destination (as per http://www.esdc.gc.ca/en/foreign_workers/hire/median_wage/index.page).

(b)          Performing Arts

This category will facilitate entry of foreign nationals “working in dance…, opera, orchestra, and live theatre”. The officer will require evidence of reciprocal employment opportunity for Canadians. Such evidence may include letters from the Canadian performing arts company confirming that Canadians are receiving opportunities abroad in similar endeavours. (It need not be a 1:1 ratio, just general information that Canadians are getting opportunities abroad.) Note that information about reciprocity may be obtained, depending on the particular art form, from, e.g. The Canadian Dance Assembly, Orchestra Canada, The Canadian Actors’ Equity Association, or Opera.ca.

General

In both cases, work permits can be issued for up to two years, and all other LMIA-exempt requirements apply, such as, and including, the need for the completion of the ‘Employer Compliance’ portal information, and payment of the fee, in advance of the application.

Please note that in addition to the allowances herein, there are other pre-existing categories of performing artists who may in any event be exempt from the need for a work permit. Each case must be checked separately to determine which route is appropriate.

What You Should Do

If you are in a discipline where the above may be applicable, you should consider whether either of these legal options is available to you. In order to utilize either of the categories, you should also make sure that you are familiar with all specific requirements, and adhere to them. Please note again that these provisions come into effect on February 17 only.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

The Background

The Alberta Immigrant Nominee Program (AINP) is a program whereby the province of Alberta nominates candidates to become permanent residents of Canada.

There are a number of AINP streams including:

• The Employer Driven Stream whereby foreign workers in Alberta (and in some cases, not yet in Alberta) may seek nomination for permanent residence; as well as
• The Strategic Recruitment Stream, with subcategories for:
  • Compulsory and Optional Trade Categories
  • Engineering Occupations, and
  • Post-Graduate Workers

The program has been popular, and has received numerous applications. Indeed, in an attempt to reduce their backlog, the Alberta Provincial Nominee Program (AINP) put a pause on accepting applications in 2015.

What’s New

The AINP has just announced that, effective immediately, it is again accepting applications in all streams.

[Applicants whose applications had previously been accepted for processing before the pause, need not take any further action; their applications will continue to be processed in due course.]

 

Current Considerations

It is not beyond the realm of possibility that the AINP will again see an upswing in applications, and that a further pause would therefore be implemented. As such, anyone contemplating use of the AINP would be well-advised to take action now to avoid the possibility that their application not be processed due to a further pause in the future.

For those familiar with Shakespeare’s Julius Caesar, you will know that ‘Beware the Ides (i.e. the 15th) of March’ was a warning to Caesar of his impending doom. In our case, the 15th of March is also a D-Day of sorts, whereafter travel to Canada will become more complex, and failure to carry out necessary advance procedures will lead to the inability to travel to Canada. More specifically, after March 15, many people who in the past could simply just get on an airplane to travel to Canada will now have to carry out an advance, mandatory, application for an ‘Electronic Travel Authorization’, better known as an eTA

The 15th of March is closer than it seems, and we are starting to prepare our clients for what to do in advance of the mandatory implementation date. Indeed, we are suggesting that clients commence using eTA’s at this time, and that clients implement internal procedures to ensure that when the need for travel arises, they will be aware of actions to be taken, and not be caught off-guard.

Accordingly, we are providing our clients with a basic information sheet about eTA’s, and we are setting out herein a copy of that information sheet. This ‘alert’ will therefore be a bit longer than usual, but we hope that it will be of value to readers to ensure their knowledge of, and to commence their preparation for, eTA implementation.

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Electronic Travel Authorizations – eTA’s

 Implementation

• March 15, 2016
• Voluntary application allowed prior to that date

Who needs an eTA 

• Citizens of countries whose nationals do not require a visa for Canada, who
  • Are entering by air (not land or sea)
    • Even if only transiting through Canada (subject to exceptions below)
• If someone is not sure if they are from a country that needs an eTA, there is a list that can be checked at http://www.cic.gc.ca/english/visit/visas-all.asp. (The list also provides for some uncommon cases, such as certain countries where there are two types of passports.)

Who does NOT need an eTA

• US citizens
  • NOTE:
    • US permanent residents travelling by air DO need an eTA
    • Dual US/other citizens must use their US passport to qualify for an exemption
• Those holding a current Canadian visa or Temporary Resident Permit
• Those with a valid study or work permit (issued since August 15, 2015)
• Accredited Diplomats
• French citizens who reside in and are travelling from St. Pierre and Miquelon
• Those who already have status in Canada and are entering from the US or St. Pierre and Miquelon (during the currency of their valid status)
• Visiting Forces on official duties
• Members of flight crews, civil aviation inspectors and accident investigators
• Those travelling to the United States from a country other than Canada, or travelling to a country other than Canada from the United States, who qualify under the
  • Transit without a Visa Program, or
  • The China Transit Program, or
  • Whose planes are refueling only en route to or from the United States
  • NOTE:
    • Travellers in the above-noted programs are qualified through airlines, not through applications made by individuals, and
    • People transiting through Canada otherwise still do need an eTA

Visa Nationals who can use an eTA rather than a visa

• In addition to the above provisions, Canada Immigration is also allowing certain people to seek an eTA rather than a full visa. To qualify, the applicant must be a citizen of:
  • Brazil
  • Bulgaria
  • Mexico
  • Romania

who

◦   Holds a current US non-immigrant visa, or
◦   Has held a Canadian visa in the past 10 years

• Please note that the exact implementation date of this program has not been advised, but should occur shortly after March 15. In the interim, those in the categories above would still need visas.

Other Important Information

• Those who might ordinarily be criminally inadmissible must still apply for an eTA. The eTA process will allow for explanation, and the adjudication of the right to travel.
• eTAs are valid for 5 years, or to the expiration date of a passport, whichever comes first
• All Polish and Lithuanian citizens will require an eTA (prior to the eTA regime, those with machine readable passports only were visa exempt)
• Processing times should be rather quick, but some considerations (e.g. discovery of a criminal matter, the need to verify certain information, etc.) may cause delays.
  • It is advisable to allow enough time for the processing of the matter. Where possible, we would say even as far in advance as one month.
• eTAs are electronically linked to passports. Getting a new passport means needing to get a new eTA
• There are limited acceptable payment methods, without exception. Payment must be made by Visa, MasterCard and or American Express

How to Apply for an eTA

• The web site for eTAs can be found at http://www.cic.gc.ca/english/visit/eta-start.asp which will in turn lead you to the application page
• Should there be any questions, or need for assistance with the procedure, Kranc Associates will be pleased to guide applicants through the process

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The information in this article is for general purposes only, and not intended as legal advice for any particular situation.