With two official languages, Canada prides itself on its bilingualism, and the Government of Canada has an open interest in maintaining and supporting both the English and French languages within the country. Francophone communities exist in many places across the country, although they are primarily located in Quebec. Quebec has a unique arrangement with the Government of Canada where it can choose to welcome immigrants who want to relocate to the province.

However, the Government of Canada has an interest in maintaining and developing Francophone communities outside of Quebec. In support of those goals, the Canadian Government has implemented new immigration measures to support and drive immigration to Francophone communities in Canada outside of Quebec.

Francophone Immigration to Canada in Recent Years

The Honourable Marc Miller, Minister of Immigration, in support of Francophone immigration recently said:

“Francophone immigration plays a crucial role in strengthening our national identity. The numerous measures we are implementing will attract skilled Francophone workers who will support the economic and cultural development of these communities. Our efforts to ensure the successful reception and integration of French-speaking newcomers support our unwavering commitment to restoring and increasing the demographic weight of Francophone minority communities.”

On January 16, 2024, Immigration, Refugees and Citizenship Canada announced that a new series of immigration measures are set to be implemented in order to enhance the vitality of Francophone minority communities in Canada, outside of Quebec. These new immigration measures come following the Government of Canada’s Action Plan for Official Languages 2023-2028 which highlighted bilingualism in Canada, as the government estimates that nearly 18 percent of Canadians are bilingual.

Francophone Minority Communities Facing Unique Challenges

Since the COVID-19 pandemic restrictions on travel were lifted, there have been some distinctive challenges for certain communities within Canada. Overall, just under 20,000 French-speaking immigrants came to Canada and settled in Francophone communities outside of Quebec. The Government of Canada developed a target of 4.4% French-speaking resident admissions outside of Quebec, and this number was surpassed in December 2023, as French-speaking admissions outside of Quebec totalled around 4.7%.

In the Action Plan, the Government of Canada highlighted the fact that Francophone minority communities across Canada face unique economic and demographic challenges. For instance, although the population of first-language French speakers has grown, it has been outpaced by Canada’s total population growth. This means that the percentage of people who live in Canada who speak French as their first language has proportionally declined since it was recorded in the 2016 census. As such, French minority communities in Canada are increasingly relying on Francophone immigration to keep pace with the population rise caused by increased in immigration in the rest of Canada.

New Francophone Immigration Measures to be Implemented

The immigration measures announced on January 16, 2024, create a plan to address both short-term and long-term issues that will help restore the demographic weight of the Francophone community in Canada. These measures emphasize promoting and recruiting French speakers in Canada and abroad. Certain industries are also highlighted in order to address labour shortages in Canada as part of the overall goal of attracting and maintaining Francophone immigration.

Welcoming Francophone Communities Initiative

This announcement affirmed the renewal of the Welcoming Francophone Communities initiative, through which fourteen communities throughout Canada will continue to receive funding to help new Francophones integrate into the community. The program includes a community in every Province and Territory outside of Quebec. Further, the initiative is expanding to include ten additional communities. A list of the communities that are part of the program can be found on the Canadian Government’s website. Additional details regarding the funding and support that will be provided to the additional communities will be provided at a later date.

Francophone Immigration Support Program

The Government also announced the implementation of a new Francophone Immigration Support Program. The purpose of the new Francophone Immigration Support Program is to provide funding to projects to eliminate barriers to Francophone immigration. The Canadian Government indicates that this program will make it easier for Francophone minority communities to participate in international promotion initiatives and support and recruit Francophone candidates.

Francophone Immigration Outside Of Quebec is Important Policy Goal

The initiatives mentioned above are going to be supported by an investment of over $137 million. The Government of Canada further has lofty goals for increasing Francophone immigration to Francophone communities outside of Quebec and is aiming to increase Francophone immigrant admissions of 6% in 2024, 7% in 2025 and 8% in 2026. These goals are part of what are considered to be ambitious, realistic and achievable targets set out by Immigration, Refugees and Citizenship Canada as part of the 2024-2026 Immigration Levels Plan.

The Government of Canada has made it clear that Francophone immigration outside of Quebec is an important policy goal that it wants to fulfill and the policies being implemented should help to maintain, and foster, the French culture and language in Canada.

Contact Garson Immigration Law for Superior Assistance With Your Canadian Immigration Matters

The knowledgeable immigration lawyers at Garson Immigration Law have extensive experience helping clients resolve various immigration matters, including work permits and student visas. We are a Toronto-based law firm that works closely with clients to find effective solutions for a diverse range of immigration needs. To speak with one of our team members regarding your immigration matter, please do not hesitate to reach out to us online or call us at 416-321-2860.

Over the last few years, the landscape of Canadian immigration has changed immensely. The COVID-19 pandemic impacted immigration in an unprecedented way and its effects are still being felt. Although the Government had planned to increase the number of immigrants accepted each year, immigration largely stopped and created a large backlog, which at one point stood at over 1.8 million applications.

The Source of the Backlog

In a recent report from the Auditor General to Canada’s Parliament, Canada’s immigration application and processing times were highlighted. In the report, the Auditor General found that processing times have improved in most streams, when compared with the heights seen during the COVID-19 pandemic, however, backlogs have continued to exceed the set service standards for most immigration applications. Currently, refugee applications wait in processing for an average of 15 to 20 months after the application has been submitted, and privately sponsored refugees wait approximately 30 months for a decision.

This report shows that the Canadian Government has recognized that processing times are a problem that needs to be solved by Immigration, Refugees and Citizenship Canada. Recently, there have been some new solutions developed and implemented in order to reduce the backlog and process increased numbers of immigration applications. Immigration, Refugees and Citizenship Canada continues to develop new ways to help reduce processing times, including using new technologies.

New Automated Tools for Modernizing the Immigration System

To account for the projections calling for increased immigration as well as mitigating the existing immigration backlog, Canada has been modernizing its immigration system in various ways, including the use of automation tools to assist with processing certain types of applications.

Automation tools

The use of automation tools has been expanded by Immigration, Refugees and Citizenship Canada in order to assist with processing work permit extension applications and Post-Graduation Work Permit Program applications. These tools will allow for immigration applications to be processed more efficiently, meaning that some applicants will receive a decision on their application sooner.

These automation tools also make processing immigration applications more efficient by assessing the complexity of the application before it is seen by an officer. If the automation tools determine that a file is routine and that the applicant would be eligible for a work permit extension, or that they would be eligible as part of the Post-Graduation Work Permit Program, the file is sent to an officer who then determines if the applicant is still admissible to Canada. The officer then makes a final decision on the application. It is important to note that applications that are not approved by the automation tools may still be manually approved after they are reviewed by an officer.

Automation Concerns

Immigration, Refugees and Citizenship Canada anticipated that many people would be worried about the use of automation tools. There are valid concerns with automation, such as whether the tools work correctly, and if the process is automated, whether or not some people will be rejected by the automation tools without having the benefit of a human reviewing their application. As such, they provided helpful information that should alleviate some of these concerns.

Immigration, Refugees and Citizenship Canada have made it clear that the automation tools are reviewed routinely in order to ensure that they are working correctly. To this end, an assessment of the tools has determined that the impact level of the automation tools is moderate and there are measures in place to mitigate possible risks like discriminatory impacts, privacy and security impacts, and the ability of an officer to overturn a decision made by the tools.

Importantly, Immigration, Refugees and Citizenship Canada has confirmed that the decisions on applications that have been reviewed by automation tools will be consistent with applications that receive a full review by a human. To that end, they have guaranteed that only an officer who works for Immigration, Refugees and Citizenship Canada can refuse an application, as the automated tools in use do not refuse or recommend refusing immigration applications.

Further Changes on the Horizon for Canada’s Immigration System

In November 2023, Immigration, Refugees and Citizenship Canada released a report called An Immigration System for Canada’s Future. The report provides details on many facets of Canada’s immigration system, including immigration application processing and admission. The report stressed the need to reduce immigration waiting times through better intake management.

In addition to automation, the report from Immigration, Refugees and Citizenship Canada details that the Government has been exploring and implementing new digital solutions, adding processing resources, and streamlining the way that immigrants can access immigration services.

With the 2024-2026 Immigration Levels Plan calling for increased immigration to Canada over the next few years, further changes will be required in order to bring immigration processing within reasonable levels. If Immigration, Refugees and Citizenship Canada is to reach its goal of processing 80% of immigration applications within service standard times, further innovation and implementation of new processing methods will need to be developed in the near future.

Contact Garson Immigration Law for Trusted Guidance on Canadian Immigration Applications

The knowledgable team of immigration lawyers at Garson Immigration Law exclusively practice immigration law and regularly advise their clients on a variety of legal matters, including permanent and temporary residence, citizenship applications, and inadmissibility issues. We will guide you through the overwhelming immigration process and work to find effective solutions tailored to your individual immigration needs. To learn more about how we can assist you, contact us online or call us at 416-321-2860.

A key part of Canada’s economic policy for post-pandemic recovery has involved instituting novel immigration programs and expanding existing programs. The implemented measures have resulted in an increase in immigration in accordance with the plans set out by the Canadian Government. However, despite these increases, the Canadian Government continues to unveil new programs in pursuit of new impacts.

In August 2023, Employment and Social Development Canada launched a new pilot program in order to make it easier for temporary foreign workers to remain in Canada, and also make it easier for Canadian employers to hire temporary foreign workers.This particular pilot program is called the “Recognized Employer Pilot for Temporary Foreign Workers.”

Recognized Employer Pilot

According to the Canadian Government through Employment and Social Development Canada, the Recognized Employer Pilot will “help to reduce the administrative burden and simplify the hiring process for repeat Temporary Foreign Worker Program employers who demonstrate a history of complying with program requirements.”

Labour Market Impact Assessments

In order for the majority of Canadian employers to legally hire temporary foreign workers, they must complete a Labour Market Impact Assessment before they can submit a work permit application to hire a temporary foreign worker. A Labour Market Impact Assessment must confirm that the employer has:

• a need for a temporary foreign worker; and
• there are no Canadian citizens or permanent residents who are available to do the job.

Certain employers may be exempt from the Labour Market Impact Assessment, however, such exemptions are not relevant as part of the Recognized Employer Pilot. The Labour Market Impact Assessment ensures that an employer’s job offer is legitimate and also confirms that the employer is in compliance with regulations and program requirements that are promulgated to protect temporary foreign workers.

Participating in the Recognized Employer Pilot

In order for employers to be part of the Pilot Program, certain conditions must be met. Employers must have a minimum of three positive Labour Market Impact Assessments for the same occupation over the past five years from a list of occupations that are designated by the Canadian Government as “in shortage” and are supported using Canadian Occupation Projection System data. Employers are also eligible when they regularly access the Temporary Foreign Workers program to fill in-demand positions and meet the highest standards for:

• working conditions;
• living conditions; and
• worker protection.

Employment and Social Development Canada will determine employer eligibility as part of the Recognized Employer Pilot based on the above-listed factors. If an employer is not chosen to participate in the Pilot Program, they may still hire workers through the Temporary Foreign Workers Program.

Applications and Dual Purpose Labour Market Impact Assessment

Employers who are expected to meet the requirements for the Recognized Employer Pilot will be invited to apply for the program using a dual purpose Labour Market Impact Assessment, which doubles as an application for the Recognized Employer Pilot Program. In many cases, this can be applied for through the Labour Market Impact Assessment Portal. Alternatively, a completed PDF application form may be sent to Employment and Social Development if an exemption from using the online portal applies.

The Labour Market Impact Assessments granted as part of the program will be valid for up to 36 months.

Benefits to Employers

Employers who qualify and participate in the Recognized Employer Pilot will have their future Labour Market Impact Assessment application processes simplified for in demand jobs. Simplified Labour Market Impact Assessment forms will also be available, which will enable employers, who are part of the program, to hire additional Temporary Foreign Workers during the Pilot Program term.

Employers that are chosen to participate in the Pilot Program will also receive a Job Bank designation to highlight their recognized status. As a result, confirmation of being vetted by the Canadian Government may make employers who participate in the Pilot Program may become more attractive to potential workers.

Program Timeline

The Recognized Employer Pilot is set to begin in September 2023 and is set to last for three years. However, the Pilot Program will be rolled out in two phases; therefore, not all employers will be able to participate in the program immediately upon its inception.

Participation will depend on the employer’s industry. Stage One, commencing in September 2023, will allow employers in the Primary Agriculture stream to be able to apply for the program in time for the 2024 hiring season. Stage Two is scheduled to commence in January 2024 and will be open to employers in other industry sectors.

Applications under both streams will be accepted until September 2024, so employers have time to prepare if they want to participate in the program.

Contact Garson Immigration Law for Advice and Assistance in Immigrating to Canada

At Garson Immigration Law, we are exclusively dedicated to helping individuals, families, students, and workers navigate the complexities involved in immigration matters. With an eye toward the ever evolving regulations and emerging immigration programs, our experienced immigration lawyers work closely with clients to understand their unique needs and develop a tailored solution. If you have any questions about coming to Canada as a temporary foreign worker, or are interested in preparing a Labour Market Impact Assessment for your business, please contact us online or by phone at 416-321-2860 to learn how we can assist you.

Canada’s immigration system has undergone substantial change in recent years. As the restrictions resulting from the COVID-19 pandemic eased, Canada unveiled new immigration plans in order to increase immigration numbers. Immigration to Canada reached an all-time high in 2022 and is set to do so again in 2023. Increased immigration to the country provides opportunities for more foreign nationals to come to Canada and eventually become permanent residents. To help reach these immigration targets, Canadian companies seek to hire more foreign workers to address labour shortages, and there are initiatives in place to encourage international students to study in Canada.

Increasing immigration numbers are positive in many ways. However, there is an unscrupulous side to the rising immigration numbers that seems to be becoming more prevalent. As immigration to Canada continues to increase, immigration scams have seemingly become more common, resulting in devastating and far-reaching consequences for the victims involved. Scams can impact immigrants in various ways, so it is important to work with an experienced immigration lawyer to ensure that you apply to legitimate immigration streams.

International Students From India Facing Deportation

Recently it became known that hundreds of international students from India had fallen victim to various immigration scams and are facing potential deportation. The scam involved international students coming to Canada on the basis of fraudulent letters of admission from Canadian schools.

According to reports, many of these students were lured to Canada in 2018 and 2019 by corrupt travel agents or visa agents in India who promised them admission to Canadian institutions in exchange for large amounts of money. The agents then provided the students with fake admission letters and other documents, which the students then used to obtain study permits for Canada.

Once the students arrived in Canada, they discovered that the letters of admission were counterfeit and that they had been scammed. Many of the students were left in a difficult situation, with no way to pay for their tuition and living expenses and no legal way to stay in Canada. As their status is set to expire, many students face the threat of deportation, despite holding work permits and having Canadian employment experience.

Other Recent Immigration-Related Scams

Unfortunately, there have been additional immigration-related scams which have recently been uncovered in Canada. In the last six months, there have been several other immigration-related scams that have been reported. In-Canada scams, such as phone scams, can disproportionately impact immigrants. These scams involve a caller who impersonates a Canadian government worker, such as an agent of the Canadian Revenue Agency, directly asking for the named individual and requesting funds in order to fulfill a false payment. Due to cultural differences and language barriers, immigrants may be more susceptible to these scams.

Scams may also impact individuals outside of Canada who are seeking to immigrate to Canada in some capacity. It was recently discovered that in 2022, a man from Ghana was asked for money by a fake law firm in order to pay for a “Canadian health ministry insurance fee” as part of a supposed work permit application in relation to an offer to work at a church in Newfoundland and Labrador. When the man became suspicious and investigated further, he found that the church did not actually exist and the agency was fraudulent.

Newcomers to Canada should be on the lookout for scams and should be cautious if they receive a photo call asking for money, particularly in relation to immigration applications. If an offer seems too good to be true, it very well might be. Therefore, it is important not to make any quick decisions and ensure you proceed cautiously. To ensure that you obtain the best, legitimate advice regarding Canadian immigration, be sure to work with a trusted immigration lawyer.

Proceeding with Caution

Immigration scams are a tragedy for both the affected students and the Canadian education and immigration systems as a whole. Canada has a reputation as a welcoming and inclusive country that values diversity and education. However, incidents like this threaten to undermine that reputation. International students are extremely lucrative to Canada’s economy, as they pay higher tuition fees than Canadian-born students. Aside from a financial incentive, immigrants holding a Canadian education often become permanent residents and citizens, consequently becoming a valuable source of labour.

Determining how best to prevent similar scams is a critical consideration. While the Canadian government could implement stricter regulations and oversight of the education and immigration industries, this would likely see pushback from post-secondary education institutions. Alternatively, colleges and universities in Canada could work to improve their recruitment practices and partnerships with international agents to ensure that they are only working with reputable and trustworthy individuals and organizations. However, these measures can be difficult to implement given the varying nature of these types of scams and regulating such scams from within Canada could be difficult.

In any event, it is important for individuals seeking to immigrate to Canada to work with trusted and reputable individuals and ensure they undertake appropriate due diligence to mitigate their risk of becoming a victim of a scam.

Contact Garson Immigration Law in Toronto for Assistance with Immigration Applications

Garson Immigration Law is a Toronto-based immigration law firm that proudly helps clients find solutions to their unique immigration needs. Our skilled immigration lawyers provide clients with advice on a range of immigration issues, including permanent residence applications and overcoming inadmissibility. Our exclusive focus on immigration law allows us to understand the unique concerns and obstacles faced by our clients, such as the recent scam discoveries, and adapt to the ever-changing immigration landscape in Canada. To speak with a member of our team regarding your immigration questions, contact us online or call us at 416-321-2860.

Canada continues to anticipate welcoming a record number of immigrants into the country throughout the rest of the year and beyond. Canada is expected to soon begin welcoming up to 500,000 immigrants by 2025, according to the most recent 2023-2025 Immigration Levels Plan. However, recent policy decisions will impact the number of permanent residents Canada welcomes in the coming years.

In March 2023, the Canadian Government made various policy changes which will impact immigrants arriving in Canada. These changes included an amendment to the Safe Third Country Agreement impacting refugees arriving in Canada through unofficial border crossings, in addition to a new pathway announced by Immigration, Refugees and Citizenship Canada, which will be introduced as part of the Economic Mobility Pathways Pilot, allowing more immigrants to come to Canada.

The Economic Mobility Pathways Pilot

The Canadian Government created the Economic Mobility Pilot Pathway to help skilled refugees immigrate to Canada through existing economic programs and help support Canadian labour market needs. 

The program combines refugee resettlement with economic immigration, allowing for the humanitarian and financial goals of immigration to be accomplished through one integrated program. This Pathway gives Canadian employers access to a new source of potential employees who can fill existing job openings. 

In 2021, the Economic Mobility Pathways Pilot program helped settle approximately 500 skilled refugees and their families in Canada as part of the second phase of the Pilot. In turn, this helped several Canadian industries overcome severe labour shortages.

Program Provides Support and Resources to Newcomers

One key feature of the Economic Mobility Pathways Pilot is that it helps qualifying newcomers get into Canada and supports them beyond their arrival alone. 

The program helps newcomers access a range of services and supports, including, among other things:

• language training;
• pre-arrival services;
• employment coaching; and
• assistance with skills recognition and credentialing. 

Further, program applicants are eligible to have the fees associated with biometrics, pre-departure medical assessments, and applications waived. Those who are selected as part of the program are also given access to loans that they can use to meet the financial requirements for coming to Canada.

Eligibility for the Economic Mobility Pathways Pilot 

To be eligible to come to Canada under the Economic Mobility Pathways, Pilota refugee must:

• be a Convention or country of asylum refugee;
• be outside Canada and their country of persecution;
• have no durable solution in the country they are living in; and
• have a document that shows their refugee status, such as:
  • a valid, positive Refugee Status Determination,
  • proof that they are an asylum seeker abroad, registered or recorded by the hosting state, or
  • proof that they are registered as a person of concern by the United Nations High Commissioner for Refugees.

Applicants must otherwise be admissible to Canada and must be eligible for one of the economic immigration programs included as part of the Pilot. This requires an applicant to have:

• sufficient English or French language skills;
• education or job training/ work experience; and
• a job offer from a Canadian employer for full-time work.

Options to Immigrate to Canada through the Economic Mobility Pathways Pilot Program

Applicants can apply on their own to the Economic Mobility Pathways Pilot. However, there are various methods of assistance available to applicants. 

The Canadian Government has partnered with seven different non-governmental organizations which help refugees come to Canada through the Economic Mobility Pathways Pilot. These non-governmental organizations help by identifying refugees who may qualify while abroad and working with participating Canadian partners to connect refugees with Canadian employers nationwide. British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, and Yukon have all agreed to participate as part of the program through the Provincial Nominee Program. 

Applicants can also apply through the Atlantic Immigration Program or the Rural and Northern Immigration Pilot in addition to the Provincial Nomination Programs. The Atlantic Immigration Program provides a pathway to permanent residence for those who want to live and work in New Brunswick, Nova Scotia, Prince Edward Island or Newfoundland and Labrador. The Rural and Northern Immigration Pilot was created in order to help spread economic immigration to smaller Canadian communities. The number of immigrants accepted under these programs is much smaller than the number of applicants accepted as part of the Provincial Nomination Program.

Economic Mobility Pathways Pilot Program Expansion in 2023

In March 2023, it was announced that Canada would launch a new economic pathway under the Economic Mobility Pathways Pilot in order to help Canadian employers hire those in need of asylum. The government announcement indicated that the new program will help employers hire people to fill a wide array of jobs that are currently needed in Canada, such as:

• nurse aides;
• personal support workers;
• long-term care aides;
• software engineers;
• web designers;
• mechanical and electrical engineers and technicians; 
• teachers;
• tourism and hospitality workers; and
• truck and delivery service drivers.

This expansion will allow 2,000 qualified refugees to be accepted as part of the new Pathway – a significant increase from the 500 allocated in 2021. The announcement also included information about how the Pathway will be easier to apply for, and applications will be considered more quickly than in the past. Further, there will be increased funding for partner organizations in order to make it easier for qualified candidates to apply for the Pathway.

More information on the Pathway is expected to be released later this year.

Contact the Immigration Lawyers at Garson Immigration Law in Toronto for Advice on Immigration Pathway Programs

At Garson Immigration Law, our skilled lawyers are exclusively dedicated to the practice of immigration law. We work with clients to guide them through the immigration process while keeping an eye on changing immigration regulations to ensure that clients understand all of their options when seeking to immigrate to Canada. We pride ourselves on finding robust legal solutions to the most challenging immigration situations for businesses and individual clients. Our firm assists with a wide variety of immigration matters, such as permanent residence applications, citizenship, work and study permits, and U.S. immigration. To schedule a consultation with one of our lawyers, please call 416-321-2860 or contact us online.

In March 2023, President Biden travelled to Ottawa for an official state visit to Canada, the first state visit from a sitting president of the United States since 2016. Many things were discussed during the visit, including the role of NORAD in defending North America, support for Ukraine amidst the war between Russia and Ukraine, the Canada United States Mexico Agreement, mining and mineral supply chains, climate change and the pivot to clean energy, and the situation in Haiti.

However, key policy ramifications from President Biden’s state visit to Canada may come in an immigration context. The state visit involved discussions regarding the Canada-United States border, including the Safe Third Country Agreement. During the visit, Canada and the United States agreed to update the Safe Third Country Agreement in a manner that will impact tens of thousands of asylum seekers from around the world.

The Purpose of the Safe Third Country Agreement

In order to understand what changed as a result of President Biden’s visit, it is important to know what the Safe Third Country Agreement (the “Agreement”) is and how it applies to asylum seekers coming to Canada. 

The Safe Third Country Agreement regulates how refugee claims are processed at the shared border between Canada and the United States. Under the Safe Third Country Agreement, asylum seekers are supposed to claim asylum in the first country they arrive in. For example, if an asylum seeker first arrives in the United States, they are supposed to make their refugee claim in the United States, instead of coming to Canada and then making their claim. 

Discouraging “Asylum Shopping”

The Agreement was adopted partially because Canada and the United States recognized each other as safe countries. Therefore, it was acknowledged that asylum seekers should seek safety through the refugee process of whichever country they entered first. This requirement also prevents asylum seekers from engaging in what is known as “asylum shopping”, a process where some asylum seekers look to make their refugee claim in a country they want to claim in. Asylum shopping goes against the idea that asylum seekers should claim refugee protection in the first available safe country they can.

The Agreement originally applied to Canadian entry by way of official land border crossings, by trains, or planes in some instances. The Agreement was originally announced in 2002 and did not apply to unofficial land border crossings between Canada and the United States. 

Legal History

The Safe Third Country Agreement has been a controversial topic in Canada since its implementation. Some parties like that it helps to reaffirm Canada’s relationship with the United States. However, others have criticized the Agreement, arguing that it restricts asylum seekers’ rights by forcing them to claim asylum in the United States in certain cases. 

These issues came to a head during President Trump’s administration, as there were legal challenges to the Safe Third Country Agreement. Immigration changes under President Trump’s administration regarding the rights and treatment of refugees in the United States brought the Safe Third Country Agreement into the spotlight. The legal challenge in 2020, initiated in part by the Canadian Council for Refugees, sought to have the Safe Third Country Agreement declared unconstitutional due to the treatment of some refugees by the United States. During this time, the law changed rapidly. 

During the first challenge, the Safe Third Country Agreement was found to infringe upon the guarantees in the Charter of Rights and Freedoms. However, the Agreement stayed active for 6 months following that decision in order to allow Canadian Parliament to respond to the change. The Federal Government appealed the decision, and Immigration, Refugees and Citizenship Canada maintained that the Safe Third Country Agreement remained in place. Since these legal challenges, the application and law regarding the Safe Third Country Agreement has been in a state of flux. 

Changes to the Safe Third Party Agreement as of March 24, 2023 

Following the meeting between the Canadian and American heads of government, the Safe Third Party Agreement has been changed. 

Closing the Loophole

The amended Agreement has closed a loophole that asylum seekers previously used to enter Canada. The Safe Third Party Agreement previously did not apply to unofficial border crossings between the United States and Canada. Asylum seekers were taking advantage of this loophole in order to cross into Canada through unofficial crossings, most notably at Roxham Road in Quebec. Almost 40,000 people made asylum claims in Canada, with the majority being made in Quebec from those who entered Canada through the unofficial crossing at Roxham Road.

Now, migrants can no longer claim asylum in Canada within 14 days of arriving in Canada if they arrive through an unofficial border crossing. However, there are exceptions under the amended Agreement for individuals who have family members with legal status in Canada, unaccompanied minors, or already have a Canadian visa or work permit. 

Canada Agrees to Accept 15,000 Migrants

Canada has also agreed to accept 15,000 migrants from the Western Hemisphere as part of the Agreement. Additional information regarding this agreement will be revealed later this year.

The long term ramifications and impacts of the decision to amend the Safe Third Party Agreement remain to be seen. In the short term, the amended Agreement is anticipated to reduce the number of asylum seekers entering Canada from the United States. It is also expected that the Agreement, in its new state, will lead to further legal challenges and discussions as to whether the changes were justified. 

Contact Garson Immigration Law in Toronto for Trusted Advice on Immigrating to Canada

The skilled lawyers at Garson Immigration Law are dedicated to the practice of immigration law. Our firm prides ourselves on developing robust legal solutions to the most complex immigration situations for both businesses and individual clients in relation to various matters, including permanent residence, citizenship, work and study permits, and U.S. immigration. To schedule a confidential consultation with one of our immigration lawyers, please call us at 416-321-2860 or contact us online.

On March 10, 2023, the Forum of Ministers Responsible for Immigration met in Halifax to discuss the future of immigration in Canada. The Forum of Ministers is a decision-making body intended to support a flexible, timely and effective system of immigration for Canada. The Forum develops strategic plans to weigh the economic and social ramifications of immigration to Canada.

The Forum of Ministers meet twice yearly to discuss Canada’s immigration policy and plan for how immigration to Canada may change in the coming years. The Forum of Ministers has representatives from the federal, provincial, and territorial governments to represent the interests of each of those parties when developing Canada’s immigration policy. Since immigration responsibility is shared between the federal, provincial, and territorial governments, the collaboration between different levels of government is important. 

In the aftermath of the COVID-19 pandemic and its impact on immigration, these meetings have even more importance for Canadian citizens, permanent residents, and new immigrants to Canada.

Meeting of the Forum of Ministers Responsible for Immigration 

In their recent meeting in Halifax, the Forum of Ministers Responsible for Immigration discussed increasing provincial and territorial participation in the immigration selection process, increasing allocations from the Provincial and Territorial Nominee Programs and more modernization in the immigration system, including Express Entry. 

Some of the key points in their discussions have been highlighted below.

Provincial Nominee Program Discussions

The Forum of Ministers discussed increasing provincial and territorial involvement in economic immigration selection, in addition to increasing the allocations allowed for the Provincial and Territorial Nominee Programs. 

Increasing provincial and territorial involvement and independence concerning economic immigration selection will allow for the provinces and territories to better cater immigration to those areas towards the economic needs that they have. As the Provincial and Territorial Nominee Programs are growing, it is important that the provinces and territories have more say in the immigrants that they want to admit from the programs. 

According to Immigration, Refugees and Citizenship Canada’s first Multi-Year Allocation Plan, there has been 44% growth in Nominee Program allocations for 2023. Further, the number of permanent residents admitted under the Provincial and Territorial Nominee Programs is set to increase for the next three years.

Expansion of Pilot Programs

Part of the discussion pertained to the ability of the provinces and territories to make immigration decisions and expansion of the immigration pilot programs, such as the Atlantic Immigration Pilot and the Rural and Northern Immigration Pilot. These pilot programs offer opportunities for potential immigrants with specific qualifications to settle in areas of Canada that traditionally do not receive as much immigration interest.

Another critical point of the discussion revolved around improving the application processing times and reducing duplication. Modernization and efficient systems are key aspects of the immigration system in the coming years.

Foreign Credential Recognition 

The Forum of Ministers also discussed ways of improving Foreign Credential Recognition. Foreign Credential Recognition is the process of verifying that the training, education and/or experience an applicant has obtained in another country and whether they meet the federal, provincial or territorial requirements for practicing or working in certain professions in Canada. 

Approximately 20% of Canadian occupations are estimated to be regulated, including accountants, architects, carpenters, physicians, electricians, nurses and teachers. The Ministers’ interest in this area relates to labour shortage issues that have impacted Canada in the last year. There was a particular focus on internationally educated healthcare professionals, as the country has developed special programs to attract healthcare workers to Canada since the beginning of the COVID-19 pandemic.

Asylum seekers 

Some ministers alerted to the high volumes of asylum seekers crossing into Canada between ports of entry, as large numbers of asylum seekers can put pressure on the provinces who must support the asylum seekers while their claims are being processed. This has become an issue between the provinces due to recent asylum seekers entering into Ontario and Quebec through places like Roxham Road. Although Quebec has sovereignty in relation to its own immigration matters, issues like seeking asylum concern the federal government as well. 

The ongoing issues in Ukraine were also raised as the Ministers want the federal government to clarify how long the Canada-Ukraine Authorization for Emergency Travel initiative will be open for, and to take additional measures to help Ukrainians living in Canada. During this discussion, alternative pathways to permanent residency for Ukrainians who wish to stay in Canada were also considered. 

The Future of Immigration in Canada is Bright

Overall, immigration will play a large role in shaping Canada’s economic and social future. This meeting provided clarity as to how Canada’s immigration processes are slated to develop in the coming years, and shed light on what we can expect to see from the federal, provincial and territorial governments in the near future. 

Contact Garson Immigration Law for your Canadian Immigration Needs

The skilled immigration lawyers at Garson Immigration Law are ready to meet your immigration needs. Our firm helps clients understand the available entry streams to Canada, such as the Provincial Nominee Program, and ensures that they move swiftly through the application process. 

The team at Garson Immigration Law have the skills and experience required to help clients through various immigration-related issues. If you have any questions about your immigration application, contact us online or call us at 416-321-2860 to schedule a consultation.

November has started with excellent news for prospective permanent resident applicants to Canada. On November 1, the Canadian government released the 2023-2025 Immigration Levels Plan. Every year, the Canadian government must release an Immigration Levels Plan by November 1, according to the rules in the Immigration and Refugee Protection Act. 

The annual Immigration Levels Plans project how many permanent residents Canada intends to admit over a year, for the next three years. There are targets and ranges that are set for different categories of permanent residents, as well as the total number of permanent residents that Canada aims to admit into the country. The new plan will supplant the previous 2022-2024 Immigration Levels Plan announced earlier this year and provide record numbers of immigration to Canada. 

Record numbers of total immigrants expected for the next three years

As expected, the 2023-2025 Immigration Levels plan accounts for increased immigration to Canada, with an even greater focus on economic immigration.  There are increases in the number of total immigrants targeted for projected admission each year. The targets for 2023 to 2025 are as follows:

• 2023: 465,000
• 2024: 485,000
• 2025: 500,000

This represents an increase over the 2022-2024 Immigration Levels Plan in terms of the total target of projected admissions. The 2022-2024 plan accounted for 447,055 admissions in 2023 and 451,000 in 2024. 

Economic Immigration Main Focus of Projected Admissions

When broken down into categories for projected admissions, it is clear that the main focus is on economic immigration. Immigration Minister Sean Fraser confirmed that economic immigration is indeed the primary focus of the current Immigration Levels Plan in an announcement to the press on November 1:

“Make no mistake. This is a massive increase in economic migration to Canada, we have not seen such a focus on economic migration as we’ve seen in this immigration levels plan.”

Economic immigration will comprise more than 50% of the immigration for 2023, 2024, and 2025 according to the Immigration Levels Plan based on the ranges given as part of the plan. Economic immigration is split into different categories within the plan, with a target number allocated to each category. Within economic immigration, the categories heavily vary regarding the target number that each category has been assigned.

Increased Provincial Nominee Program Targets

The largest category, with a target of 105,500 immigrants in 2023, is the Provincial Nominee Program. The Provincial Nominee Program target numbers increase for all three years of the plan. The Provincial Nominee Program allows the provinces of Canada to invite permanent residence applicants to apply under various streams. Each province manages its own Provincial Nominee Program, so there may be different streams, requirements, and selection criteria across the country.

Federal High Skilled Category 

The new plan includes a target of 82,880 immigrants for the Federal High Skilled category in 2023. The Federal High Skilled category consists of the Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class. These programs are part of Express Entry. The Express Entry programs require invitations, and the Canadian Experience Class requires work experience to apply for permanent residency. Applicants for these programs are judged on certain factors such as age, education, language, skilled work experience and job offers.

Federal Economic Public Policies Set to End by 2024

A part of the 2023-2025 Immigration Levels plan that does not follow the trend of an increasing target every year is the Federal Economic Public Policies category. There is a target of 25,000 immigrants for 2023 under this category, but no target for this category in both 2024 and 2025. The reason for not having a target for 2024 and 2025 is that the Federal Economic Public Policies are time-limited public policy programs that allow temporary residents in Canada to transition to permanent residency. As these policies were enacted in response to the COVID-19 pandemic, they are set to terminate by the end of 2023.

Other Economic Categories

Other programs within the economic classification of the 2023-2025 Immigration Levels Plan include Federal Business, Economic Pilot programs, Caregivers, and the Atlantic Immigration Program. These categories target immigration below 10,000 for 2023 but increase in number each year throughout the plan.

Family Immigration Second Largest Target Under 2023-2025 Immigration Levels Plan

Family immigration represents the second largest category under the 2023-2025 Immigration Levels Plan, with a target of 106,500 total family immigrants for 2023. Further, the total number of family immigrants will increase yearly until 2025. Of the 106,500 total family immigrants targeted for 2023, 78,000 will be spouse, partner, and children sponsorships. Spouses, partners, and children can be sponsored for residence if the sponsor can financially support them upon arrival in Canada. The remaining 28,500 target immigrants for 2023 under the family immigration category are allocated to parent and grandparent sponsorships. 

Refugees and Protected Persons Targets Decline as Ukraine and Afghanistan Refugee Plans End in 2023

Refugees and Protected persons comprise the last major category under the 2023-2025 Immigration Levels Plan. Overall, there is a target of 76,305 Refugees and Protected persons to be admitted as permanent residents in 2023. Unlike the family and economic categories, the number of refugees to be admitted as permanent residents will decline in 2024 and 2025. The likely reason for the decline in refugee numbers is that currently, Canada has made special dispensations for people affected by the situations in Ukraine and Afghanistan, and the current plans for allowing a large number of refugees into Canada from those countries end in 2023. It remains to be seen how the target number of refugees changes in the next Immigration Levels Plan, as world events that lead to refugees coming to Canada can be unpredictable.

Considering Immigrating to Canada? Contact Garson Immigration Law in Toronto

Garson Immigration Law is a firm exclusively dedicated to practicing immigration law. The knowledgeable immigration lawyers at our firm have a wealth of experience helping clients prepare applications for Express Entry, Provincial Nomination, and Family Sponsorships.  If you are considering applying to become a Canadian permanent resident, do not hesitate to contact us online or by calling 416-321-2860.

In a recent statement to the Toronto Star, Ontario Premier Doug Ford expressed the need for more skilled workers to fill the province’s current labour shortage. While newcomers to Canada could help address this issue, it is not likely to be a quick fix. It currently takes approximately 26 months for workers’ applications to be processed and 18 months for those using the Express Entry process.

So far, in 2022, Ontario has brought in 9,700 workers through immigration. While this is a decent sum within only seven months, Ontario had hoped to receive 18,000 workers. There are 378,000 jobs vacant in the province, with many in health care and construction.

The immigration system can help Canadian employers

Increasingly, Canadian employers are looking to the immigration system to help fill the gaps in labour. Canada’s labour force grows thanks to the many new Canadians who come to start a better life and, in turn, contribute to the Canadian economy.

According to a report prepared by the Business Council of Canada, nearly two-thirds of companies surveyed report recruiting workers through Canada’s immigration system. Others hire immigrants who already reside in Canada. Immigration can not only help enhance diversity in the workplace, but it can also help provide the expertise that cannot be attained in Canada but is essential to an enterprise’s growth. Half of the employers surveyed by the Business Council of Canada support increasing admission targets for immigrants in the economic class in particular.

Immigration programs that support economic growth in Ontario

The following programs may be helpful to foreign nationals hoping to immigrate to Ontario and support the local economy through their labour:

Provincial Nominee Program

The Provincial Nominee Program is created for workers with the requisite skills, experience, and education to contribute to a Canadian province’s economy. The workers must want to live in the particular province and become permanent residents of Canada. Each province or territory has its own stream that reflects its unique needs.

Ontario’s program is called the Ontario Immigrant Nominee Program. Unlike some other provincial programs, Ontario’s economic immigration program operates in partnership with Immigration, Refugees and Citizenship Canada. The Ontario Immigrant Nominee Program nominates applicants for permanent residents, and Immigration, Refugees and Citizenship Canada makes the final decision. There are nine streams prospective immigrants can choose from:

1. Employer Job Offer: Foreign Worker Stream: For foreign workers who have a job offer in Ontario.
2. Employer Job Offer: International Student Stream: For recent graduates who have a job offer in Ontario.
3. Employer Job Offer: In-Demand Skills Stream: For foreign workers who have a job offer in Ontario in an in-demand profession.
4. Masters Graduate Stream: For foreign nationals who possess a master’s degree from an Ontario university.
5. Ph.D. Graduate Stream: For foreign nationals who have a Ph.D. degree from an Ontario university.
6. Human Capital Priorities Stream: For foreign nationals who have required language abilities, work experience, and education.
7. Skilled Trades Stream: For foreign workers with work experience in Ontario in eligible skilled trades.
8. French-Speaking Skilled Worker: For foreign nationals who speak French that are proficient in English.
9. Entrepreneur Stream: For foreign nationals who want to establish a new business or grow an existing Ontario business in the province.

Federal Skilled Worker Program

The Federal Skilled Worker Program is available to those with the required language ability, education, and skilled work experience. If these requirements are met, a foreign national’s application will be assessed in a points system with regard to the following:

• Age;
• Education;
• Work experience;
• Valid job offer;
• Language skills (English and/or French); and
• Ability to settle and adapt in Canada.

Federal Skilled Trades Program

The Federal Skilled Trades Program is for foreign nationals who want to become permanent residents of Canada for being qualified in a skilled trade. At a minimum, applicants to this stream must:

• Meet requisite language skill levels;
• Have two years of full-time work experience in a skilled trade within the last five years;
• Meet the job requirements for that skilled trade; and
• Have either a valid full-time offer of employment for at least one year or a certificate of qualification in the skilled trade from a Canadian authority.

Canadian Experience Class

The Canadian Experience Class is for skilled workers with Canadian work experience who hope to become permanent residents of Canada. The minimum requirements for this program include:

• Meeting certain language requirements;
• Having at least one year of skilled work experience in Canada; and
• Having obtained that experience in Canada under a temporary resident status with work authorization.

Garson Immigration Law Can Help You Assess Your Canadian Immigration Options

At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law and provide reliable advice on the Canadian immigration process. Our immigration lawyers work to find practical solutions for our clients in all kinds of immigration matters, including citizenship, inadmissibility, and US immigration. If you have any questions about an immigration application, do not hesitate to contact us online or call us at 416-321-2860.