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Important Changes to Employer Compliance Requirements for Non-LMIA Work Permits

In February of this year, Citizenship and Immigration Canada introduced a procedure whereby employers were required to submit, in advance of the filing of any non-LMIA work permit application, ’employer compliance’ documentation. This is carried out by way of submission of the ‘IMM5802’ form, which sets out information necessary to establish the legal basis for the LMIA exemption request. Employers also needed to start paying a fee or $230.

Now, further changes are in store with regard to this requirement.

[LMIAs are ‘Labour Market Impact Assessments’, a procedure whereby foreign workers can be recruited only after an employer carries out substantial recruitment activity, and files an application for approval. Non-LMIA work permits include intra-company transferees, NAFTA or other professionals, and all further types of applications where no evidence of recruitment in Canada is necessary.]

Effective October 26, the current system of submitting the IMM5802 via a specified email address will become obsolete. Rather, employers will need to log in to a new ‘Employer Portal’ (which is as yet unavailable), and carry out necessary activity there. As a bridging measure, IMM5802s will still be accepted with work permit applications submitted up to Nov. 20, 2015, but thereafter, only the employer portal method will be available. Where an IMM5802 was filed on or prior to Nov. 20, but the application is being made on November 21 or later, the employer will need to resubmit via the portal.

To date, no specifics have been provided with regard to the Employer Portal, vis-à-vis access, functionality, requirements for use, or otherwise. Certainly, we will apprise readers once information becomes available. In the interim, employers who are aware that employees will be seeking work permits on or after November 21, should be aware that they will need to utilize the new system, and that the IMM5802 form will no longer be accepted.

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

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Another Provincial Nominee Program Pause – This Time: British Columbia

The Issue

Last week, we reported that the Alberta Provincial Nominee Program was discontinuing the receipt of applications until late January, 2016.

Now, the British Columbia Provincial Nominee Program has announced that it as well is no longer accepting applications in its Skilled Worker or Express Entry streams, until January, 2016.

The Background

The BC Provincial Nominee Program is a program administered by the province of British Columbia, through which applicants can seek permanent residence in Canada. (The nomination also acts as a Labour Market Impact Assessment [LMIA] when issued.) There are various streams.

As noted above, the streams currently being paused are the Skilled Worker and Express Entry streams. Note, however, that applications continue to be accepted in the Health Care Professional (Skilled Worker/Express Entry BC) category as well as the Northeast Pilot Project category. These categories continue to have high demands for qualified professionals. Further, applications continue to be accepted in the entrepreneurial stream, to a maximum of 200 per month.

What You Should Do

Certainly, those who may qualify under other programs such as the Canadian Experience Class, or Federal Skilled Worker program, should seek to utilize those programs wherever possible.

Note that it is expected that the BC program will change its criteria when the program reopens, and the new criteria are not yet announced. For those whose only option may be the BC Provincial Nominee Program, the best thing that can be done at this point, is to ensure that any application to be submitted is complete and ready to go for filing in January of 2016, recognizing, however, the reality that the change in the program may mean that they no longer qualify at that time.

It is also imperative that foreign workers and their employers, take any steps necessary in the interim to ensure that temporary worker status be maintained during any intervening periods.

Though we are not aware at this time of any other province formally pausing the intake of applications, it would seem that this trend may continue in view of the quotas each province or territory has, the current labour market conditions, and the backlog of applications already in process. For those who still wish to apply in other provinces, it may be advisable to proceed quickly, before any further changes are made.

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

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Pause in Alberta Provincial Nominee (Permanent Residence) Program

The Issue

The Alberta Immigrant Nominee Program (AINP) has just announced that it is no longer accepting applications in any of its streams, until January 27, 2016.

The Background

The AINP is an Alberta program through which applicants can seek permanent residence in Canada. (The nomination also acts as a Labour Market Impact Assessment [LMIA] when issued.) There are various streams, but one of the key streams allows foreign workers already in Canada to be nominated by their employers, and as such, qualify for the program. It has sometimes been an important alternative to the ‘ordinary’ permanent residence application categories such as Federal Skilled Worker or Canadian Experience Class.

It has been clear in recent months (if not years), that the AINP has become overburdened. Processing times for AINP applications can be 2 years or more.

The AINP has indicated that it currently has an inventory of some 10,000 applications awaiting assessment, with hundreds more being received each month. Note that pursuant to its agreement with the federal government, the AINP has been allotted only 5500 nomination certificates for 2015. (Numbers for 2016 are not yet known, but in view of economic conditions, we would expect that the allotment will not grow, and may indeed shrink.)

What You Should Do

Employers and employees should be aware of not only the temporary halt to application intake, but also the long waiting times that will likely continue into the future. Certainly, those who may qualify under other programs such as the Canadian Experience Class, or Federal Skilled Worker program, should seek to utilize those programs wherever possible. For those whose only option may be the AINP, the best thing that can be done at this point, is to ensure that any application to be submitted is complete and ready to go for filing on January 27, 2016. It is also imperative that foreign workers and their employers take any steps necessary in the interim, to ensure that temporary worker status be maintained during any intervening periods.

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

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Implied Status – The Explicit Explanation

An important, and often misunderstood, element of Canadian immigration law is ‘Implied Status’. Simply put, Canadian law provides that if someone is working in Canada, and submits an inland application to renew his work permit before it expires, he is permitted to continue to work until the work permit application is adjudicated.

Without going too deeply into the black letter law, what the relevant regulations actually says, is that a person is permitted to work in Canada without a work permit…

“until a decision is made on an application made by them [to renew their work permit], if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;” (Immigration and Refugee Protection Regulations s. 186(u))

This Implied Status has different implications for those who remain in Canada during the relevant period, versus those who may need to exit and return.

  1. For People Who Remain in Canada

The implication of Implied Status for someone who remains in Canada while a work permit renewal application is pending seems quite simple: he can continue to work even though his work permit is expired. A few issues still need to be considered:

  • Though there is nothing wrong with Implied Status, it can cause some secondary issues, such as the temporary loss of provincial health coverage. (There are often ways to deal with this, but it still something to consider.)
  • Though the wording makes it completely legitimate to work in Canada while in Implied Status, recognize that the wording of the section says that the person is at that time working without a work permit. This is not a paperless work permit – it is just the right to work without a work permit. This puts the person in the same general category as, for example, foreign journalists, foreign performers, and business visitors. Again, there is nothing wrong with this, but it is not the same as working under a work permit. This can raise nuanced questions such as whether this time counts toward time spent working in Canada for the purposes of permanent residence. Notwithstanding this wording, CIC has always recognized this as legitimate work time for such purposes.

2.  For People Who Exit and Seek to Re-enter Canada

However, different issues arise when a person wishes to depart Canada and return while in Implied Status. This is not an infrequent occurrence. Some of the issues in this regard include:

  • The wording of the section indicates that the person may continue to work if they have “remained” in Canada after the expiry of their work permit. If someone departs Canada, in accordance with the plain reading of the section, he has not ‘remained’, and as such, Implied Status terminates.
  • Notwithstanding the foregoing, CIC has made some pronouncements to alleviate some of the hardship encountered for those who must leave Canada, and then seek to return. These include:
    • As a first option available to an officer at a Port of Entry, a person may be permitted to return to Canada, however, only as a visitor. Their right to work will not be ‘reinstated’ until the work permit application is adjudicated. (The applicant will also need to show the ability to support himself during the intervening period.)
    • An officer may also issue a work permit if he determines on the CIC computer system that the work permit has been approved at the inland processing centre, where the application was filed.
    • If the inland application has not yet been adjudicated, the officer may permit someone to apply for their work permit at the Port of Entry at that time. Though this is also not an infrequent situation, it is something that cannot be taken for granted.
  • Recognize that it is still possible for an officer to deny entry altogether. The availability of the ‘saving’ provisions noted above is not automatic. In particular, where an officer feels that some action is being taken for expediency to abuse or ‘manipulate’ the system, this could cause issues. This could happen, for instance, where an impatient inland applicant decides to drive to the border and just get his work permit by immediately re-entering Canada. Unless there is a legitimate reason, the renewal process is designed to be conducted inside Canada. (CIC otherwise looks at this as clogging already busy ports of entry.)

Where possible, we typically advise our clients not to leave Canada while under Implied Status, to avoid some of the issues noted for those who exit and seek to re-enter. We recognize that sometimes departure is unavoidable, and where it is to occur, we seek to mitigate the potential risks (e.g. by providing evidence of the inland application, and submissions as to why a work permit could be issued at the Port of Entry), but the best protection is still just not leaving Canada.

Implied Status is an important and useful tool for foreign workers in Canada, particularly in view of seemingly ever-lengthening inland application processing times. It is important though to recognize the specific considerations above, in order to ensure that Implied Status does not lead to loss of status.

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

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Further Consequences to Employers for Immigration Non-Compliance

Background

Since June 2014, the government has introduced various measures to ensure higher standards for, and better compliance with, Canada’s Temporary Foreign Worker Program (TFWP). Measures introduced include:

  • The realignment of recruitment requirements based on salary rather than NOC Code [NOC is the National Occupational Classification – a dictionary of occupations organized by levels of job sophistication]
  • The imposition of a ‘transition plan’ requirement for high wage occupations in a Labour Market Impact Assessment (LMIA) application, to show how the employer will transition the position from the foreign worker to a Canadian. Such plan is to be reviewed for compliance if a later LMIA is sought for the same position.
  • An increased numbers of inspections and audits.

The government has now announced yet another measure by which it seeks to enforce compliance with the TFWP. Effective December 1, 2015, it will begin imposing ‘Administrative Monetary Penalties’ (AMPs) for non-compliant employers.

Administrative Monetary Penalties

As the name suggests, the government will begin imposing monetary penalties for employers who fail to comply with their immigration/labour market obligations under the TFWP. The program will be administered by Employment and Social Development Canada (ESDC), who oversee the TFWP.

Employers must be careful to recognize that TFWP requirements include both direct foreign worker issues such as providing the salary for which a work permit was approved, but also some less obvious requirements such as ensuring that a workplace is free from physical or sexual abuse.

Though rather complex, we summarize the system for imposing the penalties as follows:

  1. Violations are broken down into three types: A, B, and C.
    • Examples of Type A violations:
      • Failure to maintain required documents for 6 years
      • Failure to attend an inspection when required
    • Examples of Type B violations:
      • Failure to hire or train Canadians if that was a factor in work permit issuance
      • Failure to comply with recruiting regulations (which often require that no employee be required to pay for his/her recruitment)
    • Examples of Type C violations are:
      • Failure to be actively engaged in the business under which the employment offer was made
      • Failure to make reasonable efforts to ensure that a workplace is free from abuses (including sexual, financial, physical, etc.)
  1. For each violation, the adjudicating officer assesses points within a range, depending on his/her opinion of the severity of the violation. Note that level of severity is different than the violation type as set out above.The severity ranges are:
    a. 0 to 6 points: for violations regarding labour market considerations
    b. 0 to 3 points: for failure to make reasonable efforts to remedy or minimize an issue
    c. 0 to 10 points: for violations involving one of the disallowed abuses
  1. The officer assesses additional points depending on whether the violation is a first, second, or subsequent violation.
  1. With all the points accumulated, the officer goes back to reference the total points assessed against a table which breaks down points as against whether violations are Type A, B, or C. The table prescribes the monetary penalty for the points assessed in each of violation types A, B, or C. The maximum amount per violation at this time, is $100,000.

For Example, a portion of the chart reads as follows:

 

Points Type A-Lrg. Bus. Type B-Lrg.Bus. Type C-Lrg.Bus.
0 or 1 $0 $0 $0
2 $750 $1000 $2000
3 $1000 $2000 $10000

 

  1. Some further, but no less important notes:
    • Where one violation impacts multiple employees, it will be considered as multiple violations
    • Employers will be permitted 30 days to respond to initial findings
    • Inspectors are given the authority to report to other government agencies, unrelated violations or legal breaches  that they uncover in the course of their investigations (e.g. human rights matters)
    • Penalties do vary depending on the size of the business; small employers, defined as those with fewer than 100 employees or less than $5M in annual revenue, may face smaller penalties, depending on the violation type, and the point level
    • Though we focus here on the monetary penalties, note as well that ineligibility periods to hire more foreign workers have also been increased, depending on the number of points assessed (based on a different chart). An employer may even be permanently barred from hiring another foreign worker
    • Violations can relate to non-LMIA work permits as well as LMIA based work permits (e.g., if an employer is violating a provision relating to an Intra-Company Transfer, that is no less an issue than a situation based on an LMIA)

What Employers Should Do

It is clear that Canadian immigration/TFWP compliance requirements continue to grow ever stricter. It is further clear that the chance of being inspected is increasing. Employers cannot take the chance of failing to comply with the relevant requirements. Taking these newest measures together with the already existing requirements, it is imperative that employers remain compliant.

Employers should, at the very least,

  1. Review all current documentation relating to each foreign worker (or foreign workers generally)
    • This would include documentation that may not name the employee specifically, e.g. a company abuse policy
  2. Establish a procedure/system to ensure ongoing compliance with the regulations.

Canadian employers hiring foreign workers cannot afford to take for granted the compliance provisions implemented by the Canadian government.

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

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LMIAs, the Job Bank, and Foreign Employers – Solving the Problems

As those familiar with the Canadian work permit system will know, Labour Market Impact Assessments (LMIAs) are applications used by employers to seek permission to hire foreign workers for a particular position. Within the application, employers must substantiate that a Canadian citizen or permanent resident could not be found for that position.

Before filing an LMIA application, an employer must carry out certain mandated recruitment efforts. Among the requirements is that an employer must recruit in three sources, one of which must be the federal Job Bank (or the provincial counterpart in some cases).

Recently, the government introduced new Job Bank registration procedures such that only Canadian citizens could register as employers on the Job Bank. There is no doubt that non-Canadian employers can act as employers for the purposes of an LMIA application. However, this new requirement made it virtually (if not completely) impossible for foreign employers to place an ad on the Job Bank, thus in turn making it impossible to secure LMIA approval.

The government has been apprised by various stakeholders (including a representation from Kranc Associates), about the issue and its impact. The government seems to now recognize the concern, and we expect that changes will be made to accommodate this situation.

In the interim, as difficult as this seems to believe, ESDC/Service Canada sources have advised that foreign employers need not advertise on the Job Bank. Rather, they must still use three recruitment sources, but they do not need to include the Job Bank as one of those sources. (It is still required, however, that one of the ads still run beyond the initial four week period.) In that regard, an unannounced change was made to the ESDC web site which now indicates:

  • Employers recruiting higher-skilled workers, in areas where the use of the Job Bank or its provincial/territorial counterparts is not considered an effective method of recruitment, must provide a written explanation of the alternative method used with their LMIA application. (emphasis added)

We do expect that the Job Bank will ultimately be altered to allow foreign employers to access it more easily. In the interim, and as risky as it may sound, it would seem that foreign employers may avoid the Job Bank (but not the other requirements of the LMIA process), as long as they explain why this has been done. We would hope that the fact that you can’t actually use the Job Bank is a good reason not to use it.

Happy Canada Day to all!

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

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Ontario introduces ‘Ontario Express Entry’

The Province of Ontario, which has had in place a provincial nominee immigration system for a number of years, announced recently, that it will be adding a further element to its immigration programs.

In addition to the ‘ordinary’ provincial nominees (where typically, an employer ‘sponsors’ a qualified applicant), Ontario will now implement a program that dovetails with the new federal ‘Express Entry’ permanent residence system.

The Federal Express Entry system generally allows applicants to file a profile, based on qualification on an underlying federal permanent residence program. The underlying federal programs are the Canadian Experience Class (CEC – based primarily on a minimum of one year work experience in Canada, Federal Skilled Worker class (FSW – based on a point system where various factors are taken into account including age, occupation, education, etc.), and the Federal Skilled Trade Worker program (FSTW – based on qualification in a specified trade). The Ontario program will nominate only from the CEC and FSW categories, not the FSTW program.) Thereafter, Citizenship and Immigration Canada selects applicants to apply for permanent residence from the pool of profiles, based on a further set of criteria. The system also requires applicants who do not already have a Labour Market Impact Assessment to add their name to the Job Bank, and employers may then select candidates they may desire.

Now, the Ontario provincial nominee program will select up to 2700 applicants from the Express Entry pool each year. In effect, Ontario is now able to select immigrants in the same way that employers generally might otherwise, based on its needs. (Note that the overall Ontario quota is 5200 per year. The balance of nominees would come from the already existing nominee program.)

There are two ways to qualify for Ontario Express Entry.

  1. Ontario Express Entry: Human Capital Priorities Stream

To qualify applicants must have:

  • Pending application under the Federal Express Entry system;
  • Minimum of 1-year of full time, or full time equivalent work experience under NOC occupation level 0, A or B;
  • Canadian equivalent Bachelor’s degree, Master’s degree or PhD;
  • Minimum CLB level 7 in IELTS general exam;
  • Intention to reside in the Province of Ontario;
  • Minimum of 400 points under the Federal Express Entry Comprehensive Ranking System.
  1. Ontario Express Entry: French-Speaking Skilled Worker Stream

To qualify applicants must have:

  • Pending application under the Federal Express Entry system;
  • Minimum of 1-year of full time, or full time equivalent work experience under NOC occupation level 0, A or B;
  • Canadian equivalent Bachelor’s degree, Master’s degree or PhD;
  • Minimum CLB level 7 in TEF exam;
  • Intention to reside in the Province on Ontario;
  • Minimum of 400 points under the Federal Express Entry Comprehensive Ranking System.

After the Province of Ontario selects eligible applicants from the Federal Express Entry Pool, candidates who are selected will receive a ‘Notification of Interest’. This will allow them to submit an application for nomination under the Ontario Provincial Nomination Program.

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

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Electronic Travel Authorizations for Non-Visa Nationals PLUS Biometrics for All Visa-Nationals

The ability for people to enter Canada– including those entering for business purposes – continues to narrow. Two new programs, discussed below, will drastically change the requirements for travellers. Anyone dealing with the need to bring to Canada foreign workers or business visitors, must be aware of the new requirements, and how the programs will impact their businesses.

Electronic Travel Authorizations

Citizenship and Immigration Canada (CIC) is implementing a system whereby visa exempt foreign nationals will be required to file for an Electronic Travel Authorization (“eTA”) before entering Canada. The program goes into effect August 1, 2015, but there is a grace period provided, and mandatory filing will begin on March 15, 2016. This requirement will not impact those seeking a work or study permit (as the government secures information for such cases through its existing systems), but can certainly apply to people in a business scenario, and most notably, those seeking to enter as business visitors.

In addition to the foregoing, CIC will introduce an Interactive Advance Passenger Information (IAPI) system, whereby passengers boarding an airplane will need to show that they are properly documented under the eTA system, failing which, boarding could be denied.

The eTA program will be an online system. The information sought will be less onerous than that sought in a visa application; essentially (though the exact wording has not yet been released), applicants will be required to provide information that they would otherwise be providing when arriving in Canada – typically about issues which may cause inadmissibility. An application will cost $7CDN and eTAs will be valid for 5 years, or until the passport provided expires, whichever comes first (travel must be done with the passport used in the application).

Notable exemptions from the eTA requirement are:

  • US Citizens (obviously reducing the program impact for a significant number of travellers)
  • Persons entering only as a member of a transportation crew member
  • Most persons transiting through Canada
  • (and, the Queen of England. Really!)

Note as well that US permanent residents (who are visa exempt) still require an eTA if flying to Canada.

This system generally mirrors a similar system in the United States (the Electronic System for Travel Authorization [ESTA]), and is part of a joint effort to essentially create a North American perimeter (which explains the exemptions for US Citizens entering Canada, and Canadian citizens entering the US).

Biometrics for [almost] All

Further to the above, Canada’s Prime Minister announced today that over the next 5 years, the government will begin implementing requirements that ALL visa-requiring visitors to Canada  – and some non-visa nationals – obtain Biometric screenings as part of the application process. To date, biometrics have been required for nationals of only 30 countries (some examples are: Pakistan, Syria, Afghanistan, and Colombia). Once fully implemented, the two defined groups that will require biometrics are:

  • Anyone who requires a visa, and
  • Anyone seeking a work or study permit, whether requiring a visa or not, with the notable exceptions of US citizens

Summary/Considerations

These programs heighten the need for HR personnel or others involved in business immigration matters to ensure that they are up to date on all requirements, and plan well in advance for the arrival of any foreign worker or business visitor. Failure to do so, will lead to frustration and possible refusals.

 

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

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Out-Of-Warranty Repairs: Long Overdue Relief for Foreign Repair Personnel

Background

Since the beginning of time (or so it seems), Canadian immigration law has had a large black hole from which no one could escape. That black hole was the ‘gap’ between the legal allowance for foreign repair personnel to service equipment in Canada while still under warranty or service agreement,  but thereafter, the disallowance to carry out such service. Unless a repairperson could be characterized under some other non-LMIA category (e.g. Intra-Company Transfer or NAFTA/Free Trade Agreement professional), he/she would typically be unable to enter Canada to service the equipment (or would require an unduly burdensome LMIA). This was a source of great frustration. Canadian companies had equipment which legitimately needed service by an overseas vendor or expert, but there was no legal ‘tool’ by which to get these people to come to Canada.

What’s New

Effective May 21, 2015, this has finally changed. Citizenship and Immigration Canada (CIC) has recognized this problem (and indeed the harm it causes to Canada). To remedy the situation, CIC has expanded the non-LMIA work permit category of ‘Emergency Repair’ to include repairs/maintenance beyond the warranty or service period. (For those who wish to refer to the technical legal source, this would be LMIA Exemption Code C-13.)

‘Emergency Repair’ is a category that CIC has used to override the need for a Labour Market Impact Assessment, and thus, allow a foreign worker to apply directly for a work permit at a Port of Entry, or Visa Post, as the case may be. Until now, this exemption was available only to foreign workers to provide “emergency services, including medical services, for the protection or preservation of life or property”. This was a very limiting approach, and it was typically a difficult onus to satisfy an officer that there was urgency to the matter.

Now, this provision has been expanded to allow foreign workers to come to Canada “to repair industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement”. This is a MAJOR change. The need to demonstrate “…protection or preservation of life or property” has been eliminated (or at least altered to accommodate this provision). This provision recognizes the need for preventative work and/or repair, without which there would be a negative impact on productivity (which, it would seem, is commonly the case in the need for maintenance or repair).

Program Requirements

This is indeed an important change. Please note, however, that there are still some conditions, including requirements that:

  • Specific knowledge is needed for the repair;
  • The manufacturer have no commercial presence in Canada; and
  • Canadian jobs would be greatly affected without timely repair/service.

Further, there is some specific documentation required, including:

  • A letter from the home employer with information to satisfy CIC of the employee’s status with the company and purpose of visit;
  • The IMM5802 – the ‘Employer Compliance’ documentation now required for all non-LMIA work permit applications; and
  • Evidence of the foreign employee’s proprietary or specialized knowledge to repair the equipment.

These work permits will be available for periods of up to 30 days – which is usually enough to complete the necessary work. Arguments can be made, where appropriate, for longer durations.

Summary

This is a very welcome breakthrough which finally addresses a problem which has caused great difficulties to Canadian companies, as well as the foreign companies/employees who are required to service them. Subject, as always, to meeting the substantive legal and procedural requirements, bringing foreign repair personnel to Canada should become much less cumbersome.

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

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Changes to Canada’s China Transit Program

Background

Citizenship and Immigration Canada (CIC) has for some time offered a unique program eliminating the need for visas for a limited class of Chinese nationals.

The program, called the China Transit Program (CTP) allows Chinese nationals who are travelling to or from the United States to transit in Canada without a visa. To qualify the Chinese national would have to hold a valid US visa and travel to Canada on an approved airline (Air Canada, Air Canada Rouge, Air China, WestJet, Cathay Pacific, China Southern, Philippines Airlines, Jazz Air, Sky Regional Airlines Inc., and Air Georgian). Further, the Chinese national would have to be transiting through an approved airport. At this time, the approved airports are Vancouver International, or Toronto Pearson (Terminal 1).

Requirements of the program

Some conditions of the program are:

With regard to travel to the United States:

  • The traveller must hold a confirmed onward ticket for a direct flight to the US
  • The flight must leave the same travel day (no layover or overnight stay)
  • Travellers changing flights in Canada must arrive during the hours of operation of the U.S. in-transit pre-clearance facility.

With regard to travel from the United States:

  • The traveller must arrive in Canada from the US on a direct, non-stop flight (on an approved airline)
  • The traveller must not have overstayed his/her US visa
  • The traveller must have valid travel documents for the country or countries to which they are flying from Canada
  • The traveller must hold a confirmed onward ticket for a flight that will leave Canada on the same travel day

In addition to all the above, the traveller travelling to the United States must be arriving from a particular airport. Until now, those airports have been:

  • Beijing
  • Guangzhou
  • Shanghai
  • Hong Kong
  • Manila
  • Taipei

What’s New

What is new is that CIC has just announced that effective June 1, the list of airports from which travellers may arrive has been expanded to include:

  • Tokyo Narita
  • Tokyo Haneda, and
  • Seoul Incheon

This list is expected to grow when Electronic Travel Authorizations are introduced, which is expected in the next year.

This program is important for various reasons including increased revenue for Canada, simplified immigration processing, and reduced bureaucracy at various levels of CIC administration.

Important Considerations and Applications of the Program/
How to Access The Program

It is important to note that it is the airline or airport which applies for CTPs, not the individual. As such, if there are persons or groups (including businesses) who wish to make use of the provision, they should get in contact with the airline(s) to ensure that they can take advantage of the program. This may important for, among others, multi-national corporations with operations in China and the United States.

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