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ImmPulse™ Newsletter

US Permanent Residents Now eTA-exempt for Travel to Canada

Foreign nationals seeking to enter Canada need either a visa, or are visa exempt, depending on their country of citizenship. The list of countries whose citizens do or do not require a visa can be found at https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/entry-requirements-country.html.

For those that do not require a visa, generally speaking, they must still secure an ‘Electronic Travel Authorization’, or eTA, to fly to Canada (an eTA is not required to enter Canada by car or boat). This is an electronic process which allows the Canadian government to do some basic vetting prior to travel with regard to, for example, criminal history, or Canadian immigration history.

There are a few exemptions from the need for an eTA, and certainly the largest exemption is US citizens.

However, unlike US citizens, US permanent residents were not exempt from the need for an eTA – until now. The Canadian government has announced that US permanent residents may now fly to Canada, or transit through a Canadian airport, without an eTA. To qualify for the exemption, the US permanent resident must have a valid passport, and proof of their valid lawful US permanent residence status. Such proof would include a valid green card or a valid I-551 [ADIT] stamp in their passport.

This change will alleviate the burden for a large group of people, whether travelling for business or pleasure.

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

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Canadian Immigration Fees Increasing

The Canadian government has announced that effective April 30, 2022, application fees for all permanent residence matters will be increasing. Though this will include fees for categories including family class, business classes, humanitarian classes, and permit holders, the most notable for those who deal with foreign workers and other prospective skilled worker permanent residence applicants, are the changes that impact the economic classes.

In that regard, for principal applicants in: federal high skilled programs, provincial nominees and Quebec skilled worker programs, the ‘Atlantic Immigration Class’, and most economic pilot programs (Rural, Agri-Food), fees will increase from $825CDN to $850CDN. Further, the Right of Permanent Residence Fee (ROPRF – an additional fee payable by all such applicants) will increase from $500CDN to $515CDN. (This is therefore a total increase from $1325CDN to $1365CDN.)

Dependents will also see a fee increase.  Accompanying spouses/common-law partners fees will increase from $825CDN to $850CDN (and will also have the same increase to the ROPRF), and accompanying children’s fees will increase from $225CDN to $230CDN.

[Note that the fee changes in the categories other than the economic classes are different, and should be investigated if applicable.]

Details of the new fee schedule can be found at https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/increase-permanent-residence-fees-april-2022.html.

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 Temporary Foreign Worker Program

Some changes have been announced to Canada’s Temporary Foreign Worker Program (TFWP). This is the program through which employers hire foreign workers utilizing the Labour Market Impact Assessment (LMIA) process. LMIAs require the employer to substantiate their inability to fill a position with a Canadian citizen or permanent resident, and thus justify the hiring of a foreign worker. [There are some LMIA-exempt work permit categories, referred to as the International Mobility Program (IMP), but these are not impacted by the changes discussed herein.]

Effective April 4, the following new provisions apply:

  • The cap on the number of low-wage positions in seasonal industries that employers can fill through the TFW Program is removed. (This essentially makes permanent the seasonal cap exemption announced in 2015.) In addition, the maximum duration of these positions will be increased from 180 days to 270 days per year.
    • This is relevant for industries such as fish and seafood processing
  • LMIAs will be valid for 18 months, an increase from 9 months (and 6 months pre-COVID). This is the time frame by which the employee must make a work permit application, after LMIA approval.
    • Previously approved, still-valid LMIAs can be extended at the request of the employer
    • (In the case of Seasonal Agricultural Workers, LMIAs for the 2022 season will be extended to December 15, 2022.)
  • High-Wage and Global Talent Streams workers will be allowed to seek work permits for a maximum of three, rather than two, years.
    • Low-Wage workers’ allowances will be increased from one to two years (on a three-year pilot program)

Effective April 30:

  • The cap on the percentage of low-wage foreign workers (vs. Canadian citizens/PRs) that an employer can employ under the TFW will be increased from 10% to 20%, and 30% in sectors with demonstrated labour shortages
    • Those with demonstrated labour shortages include food manufacturing, wood product manufacturing, furniture and related product manufacturing, accommodation and food services, construction, hospitals, and nursing and residential care facilities).
  • Further, the policy that automatically disallows LMIA applications for low-wage occupations in the Accommodation and Food Services and Retail Trade sectors in regions with an unemployment rate of 6% or higher will be removed.

The easing of restrictions should allow more favourable conditions for employers to hire necessary foreign workers.

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

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Canadian Immigration Measures to Assist Ukrainian Nationals

Given the ongoing humanitarian situation in Ukraine, Canada has implemented various processes to allow Ukrainians to enter or remain in Canada. The measures are summarized at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures.html. These include measures for various situations including those already in Canada, how Canadians with relatives in Ukraine can assist, allowances for travel to Canada, and other provisions.

In this article, we wish to highlight one area of the measures, namely, allowances for temporary travel to Canada at this time, for those not already here. Under the ‘Canada Ukraine Authorization for Emergency Travel’ (CUAET), Ukrainians are able to come to Canada temporarily for an initial three-year period (renewable thereafter), and are allowed to work, if a work permit is sought. Highlights of the program:

  • Application fees are waived
  • The visa granted is for 10 years or until your passport expires, whichever comes first
  • The visa allows exit from, and re-entry to, Canada during the validity of the visa
  • Processing will be on a priority basis
  • Allows for the option to seek a (fee-exempt) work permit as well, at the time of application
  • Students under 18 will be granted study permits
  • Applicants require a Ukrainian passport or other national identity document
    • Others may still be permitted entry through a Temporary Resident Permit, to be determined by the adjudicating officer
  • The requirement for full vaccination using approved vaccines, is waived.

There are of course further details about this particular program, which can also be found at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/cuaet.html.

Canadian citizens, or even Canadian employers, (or even those in other parts of the world) who are familiar with any Ukrainian citizens who may benefit from this program, may wish to relay this information to relevant parties, and follow the relevant guidelines.

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

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Entry to Canada Will No Longer Require a Pre-Arrival COVID Test

In ongoing measures which ease COVID-related rules, the government of Canada has announced that, effective April 1, fully vaccinated travellers no longer require a pre-entry COVID test for entry to Canada.

As always, it is important to be aware of caveats. Some things to keep in mind:

  • Random on-arrival COVID tests will still be administered, and may lead to quarantine if results are positive. (There is no requirement to quarantine prior to receiving test results.)
  • For the limited class of persons still permitted to enter Canada unvaccinated, there is no change to the pre-arrival test requirements. This includes an on-arrival COVID testing, and a day-8 test, with a 14-day quarantine period, if non-essential.
  • All travellers must also continue to submit the required information to the ArriveCAN app before arrival in Canada. Travellers who arrive in Canada who have not uploaded the necessary information to the ArriveCAN app, may require a COVID test and 14-day quarantine on arrival, whether or not vaccinated. For those travelling by plane (or boat) the ArriveCAN information must be submitted within the 72 hours before boarding.

For further details on general COVID-related requirements, please see prior issues of ImmPulse™, including the January 6, 2022 issue, and the February 22, 2022 issue. Please also see refer to government source information:

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

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Canada Easing COVID-related Border Measures

The government of Canada has announced that, effective February 28, certain COVID-related requirements will be eased with regard to entry to Canada. The most notable elements in the context of foreign workers and business travellers are:

  • On-arrival testing will be limited to only those randomly selected. Such travellers will not be required to quarantine while awaiting test results.
    • Please note that with few exceptions, only fully vaccinated travellers can travel to Canada at this time.
  • Travellers will have the option of providing either
      • a PCR test within 72 hours prior to their scheduled flight or land crossing [i.e. the current/prior requirement],
        OR, now,
      • an antigen test on the day before their scheduled flight or land crossing. This may make things simpler – and cheaper – for many travellers.
    • Note as well that asymptomatic travellers with positive COVID tests from between 10 and 180 calendar days prior to entering Canada are also able to enter Canada.

Further details can be found at https://www.canada.ca/en/public-health/news/2022/02/government-of-canada-lightens-border-measures-as-part-of-transition-of-the-pandemic-response.html.

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

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Summary of COVID-based Business/Work Related Canadian Travel Requirements

Since March of 2020, various rules and procedures have gone into and out of effect with regard to travel to Canada (for our purposes, with regard to business or work-related travel). There have been, at varying times, different types of travel restrictions, quarantine requirements – sometimes at a prescribed hotel, allowances for vaccinated travellers, and other COVID-related regulations. Rules seemed generally to be easing recently, particularly for vaccinated travellers, but the Omicron variant has led to some changes again. As such, we believe it is worthwhile to summarize the current state of affairs vis-à-vis COVID and how it impacts business/work travel to Canada.

Pre-Arrival COVID Tests

  • Applicants entering Canada, whether or not vaccinated, must, at this time, secure a negative PCR COVID test no longer than 72 hours before (a) boarding a plane to Canada – i.e. the last flight, if there are layovers, or (b) before arrival, if entering by land. The test must be taken outside Canada. (For a time, trips of less than 72 hours outside Canada were permitted without a COVID test for return. COVID tests have been reinstituted for all travellers.)
  • There are exemptions for children under 5, and certain crew members, those in essential services, and cross-border communities.
  • Travellers can also provide a previous positive test result taken between 14 and 180 days prior to travel (10 and 180 days effective January 15, 2022).
  • Results must be uploaded through the ArriveCan app (https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html).

Travel from Specified Countries

  • For a brief period, travellers from certain African countries (namely Botswana, Egypt, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, and Zimbabwe) had enhanced measures applicable. (Previously there were restrictions from other countries such as, e.g., India.) There is no longer any differentiation for these countries. Any COVID regulations generally applicable, are applicable in the same way to these countries.

Vaccinated Travellers

  • Generally speaking, asymptomatic vaccinated travellers (of more than 14 days) may now access the Canadian immigration system as they would have prior to the implementation of COVID-related regulations. This includes for discretionary purposes. This also means that those who could seek a work permit at a port of entry before the COVID regulations, can do so at this time – no need for an online procedure.
  • The list of accepted vaccines has been updated, and can be found at https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada.
  • Note however, that travellers – and notably business travellers/workers for our purposes – still need to have a quarantine plan available in the event of a positive COVID test on arrival, as such tests are sometimes randomly carried out (this can be submitted through the ArriveCan app as well). To be prepared for the possibility of a test on arrival, pre-registration may be of value, and information re the arrival test facilities can be found at https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada#airport-test-providers, depending on the airport.

Unvaccinated Travellers

  • Unvaccinated travellers continue to be subject to the regime of restrictions on their ability to enter Canada for discretionary purposes, with certain exceptions, and the need for quarantine unless in an essential sector. In terms of ‘essential sector’, the categories can be found at https://www.publicsafety.gc.ca/cnt/ntnl-scrt/crtcl-nfrstrctr/esf-sfe-en.aspx.
  • The essential issues in this regard are discussed in our previous edition of ImmPulse™ at http://www.kranclaw.com/2020/04/covid-19-and-canadian-immigration-latest-update/. [The information should be read recognizing that there have been updates since that time, but it does summarize the issues of quarantine, differentiation between those entering from the US vs. other countries, and the general rules surrounding entry to Canada under COVID.]
  • This also means that unvaccinated visa-exempt nationals, other than those arriving from the U.S., must still make an online application.

January 15, 2022

  • Starting January 15, 2022, certain groups who are currently exempt from entry requirements, will only be allowed to enter Canada if they are fully vaccinated. These groups include:
    • individuals travelling to reunite with family (unvaccinated children under 18 years of age will retain exemption if travelling to reunite with an immediate or extended family member who is a Canadian, permanent resident, or person registered under the Indian Act);
    • international students who are 18 years old and older;
    • professional and amateur athletes;
    • individuals with a valid work permit, including temporary foreign workers (outside of those in agriculture and food processing); and
    • essential service providers, including truck drivers.
    • After January 15, 2022, unvaccinated or partially vaccinated foreign nationals will only be allowed to enter Canada if they meet the criteria for limited exceptions, which apply to certain groups such as agricultural and food processing workers, marine crew members, those entering on compassionate grounds, new permanent residents, resettling refugees and some children under the age of 18. Exempt unvaccinated travellers will continue to be subject to testing, quarantine, and other entry requirements.
    • Non-exempt unvaccinated or partially vaccinated foreign nationals will be prohibited entry into Canada.

Inland Travel

Inland Work Permit Applications for Visitors

  • The policy that allows for visitors in Canada to apply for employer-specific work permits from within Canada (online) has been extended to February 28, 2022. (Only those who held a work permit in the prior year before the application may also seek interim work authorization.)

Summary

This is a brief summary only, applicable primarily to business travellers/workers. There are of course nuances and caveats to all the above, and there is the constant possibility of a change to the rules at any moment. Updated information can be seen at https://travel.gc.ca/travel-covid. This is also of course separate from all other immigration requirements re requirements to seek business entry, a work permit, etc. Appropriate advice should be sought for any particular situation, but we trust that this summary is of value to our readers.

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

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Canada to Implement New Occupational Classification System

Anyone involved in securing work permits for foreign nationals in Canada knows that (with few exceptions for open work permits), the occupation to which the work permit relates must be based on the job’s government-mandated occupational classification. This classification system is known as the ‘NOC’ – The National Occupational System. Ensuring that the correct NOC is used in a work permit will have numerous implications for salary, permanent residence options,  LMIA allowances, and more.

The four-digit NOC codes are based on a matrix where (a) the rows represent nine general fields of work, for example, health occupations and business occupations, and (b) the columns represent five possible levels within each occupational category ranging from managerial, to those usually requiring a university education, to ultimately those requiring no formal education. The matrix can be seen at https://noc.esdc.gc.ca/Structure/Matrix (at a two-digit level, and then can be drilled-down upon from there). An appropriate NOC must be considered for any work permit application (as well as in many permanent residence applications, and notably economic class applications).

The government of Canada has now announced that the NOC system that has been in place for many years will be ‘upgraded’. Changes are expected to go into effect in the latter half of 2022, but readers should be generally aware of the new system in order to be ready when the changes happen.

A new five-digit codes will break occupational skill/background requirements down into six categories, to better reflect criteria necessary for the job, relating to Training, Education, Experience, and Responsibilities (the acronym for which is ‘TEER’).  Occupational groupings will be modified as well to reflect a hierarchy of levels reflecting:

  • Broad Occupational Categories
  • Major Groups
  • Sub-major Groups
  • Minor Groups, and
  • Unit Groups.

Fuller details will of course be provided as they become available, but the common breakdown of NOC 0/A/B occupations (managerial and typically post-secondary education) vs. NOC C/D (secondary or no prior education) will be replaced, and we will all need to adapt and understand how this will impact work permit applications.

We will keep readers apprised in future issues of ImmPulse™, but this is certainly an important development.

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

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Foreign Workers – Medical Coverage While on ‘Maintained Status’

Canada has a socialized medical system – administered through the provinces. The system is available to people with various forms of residence status in Canada, including foreign workers (for our purposes, we will be looking at foreign workers only in this article). However, there are various rules for eligibility, set by each province, typically including an applicant to have a minimum amount of time spent in a particular province, and valid eligible immigration status. The specifics will vary from province to province.

Separately from this, there is a rule in the federal immigration system whereby foreign workers already in Canada who apply to extend their worker status, but have not yet received a renewal of their work permit before the expiry of their current work permit, are considered to be under ‘Maintained Status’ (formerly ‘Implied Status’). This means that the government allows the person to continue to work without a work permit, until the matter is adjudicated. This is a perfectly legitimate legal basis under which to work in Canada.

A problem sometimes occurs though in the intersection of the provincial health insurance eligibility rules, and federal Maintained Status. The question becomes: is a foreign worker entitled to their provincial health coverage while on Maintained Status? The status may be legitimate under the federal rules, but what does it entitle a worker to in the provincial system? The federal and provincial systems do not always align in this regard.

For one province at least, Ontario, there has been some recent clarification. Under the Ontario Health Insurance Plan (OHIP), a six-month extension of OHIP coverage will be allowed, pending receipt of the new work permit. To secure this coverage, an applicant must contact oerc@ontario.ca and provide:

  • The most recent expired work permit
  • Confirmation of continued full-time employment for an employer in Ontario
  • Confirmation from IRCC that the temporary foreign worker applied to extend his/her work permit prior to its expiry date, such as a receipt from IRCC
  • Residency documentation, and
  • Identity documentation.

In some cases, where, for example, a determination about OHIP coverage while Maintained Status is pending, a person may have to pay medical costs, but may be able to seek reimbursement once the determination is made.

Though these provisions are not as explicit in all provinces, the same theory should hopefully be applicable everywhere, and be confirmed as time goes on.

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

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Direct Flights from India to Canada Resume

Effective September 27, the ban on direct flights from India to Canada has ended, and direct travel is now permitted. There are, however, some caveats and requirements, including:

  • Travellers must obtain a pre-departure negative COVID-19 molecular test result from the Genestrings Laboratory (located at Indira Gandhi International Airport, New Delhi) on a test conducted within 18 hours before scheduled departure time. The test report will generate a QR code to be presented to the airline before boarding.
  • Travellers who previously tested positive for COVID-19 can present a positive molecular test result issued by a certified laboratory in India. Date of collection must have been between 14 and 180 days before scheduled departure.

 

Travellers who still travel to Canada from India via an indirect route, must provide negative COVID-19 molecular test results from a third country before their flight to Canada. (Travellers from India should also be aware of the COVID-19 related issues in the intermediary country as their rules may of course impact on the ability to enter, stay, or depart from, those countries.)

 

Travellers to Canada should also be aware of all other COVID-19 related travel requirements, including who is quarantine exempt, and the remaining possibility of the requirement for quarantine in the event of a positive COVID-19 test after arrival in Canada. Further information can be found at https://travel.gc.ca/travel-covid. (And of course, all this is still in addition to the considerations of the purpose of travel, whether a work permit is needed, etc., as would exist even without the realities of COVID-19.)

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