Category: Canadian Immigration News

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Canadian Immigration Canadian Immigration News Super Visas

Super Visa Changes Set for Later this Summer

grandparents sitting together

On June 7, Immigration, Refugees and Citizenship Canada announced that some changes are coming to the Super Visa program later this summer. Canada issues approximately 17,000 super visas a year, making the super visa a popular option for family reunification in Canada.

What is a Super Visa?

The super visa is a visa for parents and grandparents of Canadian citizens and permanent residents. It works differently than a standard visitor visa, as visitor visas only entitle the holder to stay in Canada for a maximum of six months before the holder needs to renew their status. Currently, the super visa allows the holder to remain in Canada for up to two years before the holder needs to reapply. As a result of the extended period in which the holder is permitted to stay in Canada when compared with a regular visitor visa, the super visa is an effective option for parents or grandparents who wish to join their children or grandchildren for a prolonged stay in Canada.

Super Visa Eligibility

There are a number of conditions that must be met in order for an applicant to qualify for a super visa. Applicants must satisfy the following minimum requirements in order to qualify:

  • The Applicant must be the parent or grandparent of a Canadian citizen or a permanent resident of Canada;
  • The Applicant’s child or grandchild who is a resident in Canada must provide a letter including:
    • a promise that the applicant will have adequate financial support for the duration of their visit;
    • a list of people in the household of the person providing the letter; and
    • a copy of their Canadian citizenship or permanent resident document.
  • The Applicant must have fully paid and approved medical insurance from a Canadian insurance company that:
    • is valid for at least 1 year from the date of entry; 
    • provides at least $100,000 of coverage; and
    • proof that medical insurance has been paid (quotes are not acceptable).

The above requirements must be provided accurately, or extensive delays, or even rejection of an applicant can occur. Super visas also must be applied for from outside of Canada. Further, Applicants need to be otherwise admissible to Canada, which means the applicant cannot have a poor health record or criminal record that would make them inadmissible to Canada. Applicants must also take an immigration medical exam in order to apply for a super visa.

For the financial support requirement, the government accepts certain forms from the applicant’s child or grandchild as proof of the minimum necessary income required in order to make a super visa application. Some of the documents that can be used as proof are Notice of Assessment (NOA) or T4/T1 for the most recent tax year, employment Insurance stubs, employment letter including salary and date of hiring, pay stubs, or bank statements.

Immigration, Refugees and Citizenship Canada also takes a few more factors into consideration when considering an application. They want to ensure that the applicant is a genuine visitor who will leave Canada by choice at the end of their visit. The factors that are taken into consideration are the Applicant’s ties to their home country, the purpose of their visit, their family and finances, and the overall economic and political stability of the Applicant’s home country. The factors are considered with the requirements set out above by Immigration, Refugees and Citizenship Canada in making a decision on an application. 

Upcoming Super Visa Changes

Immigration, Refugees and Citizenship Canada announced some changes to the super visa program that it is referring to as enhancements. The changes will come into force on July 4, 2022 and should make it even easier for Canadians to reunite with their parents and grandparents in Canada. 

On July 4, super visa holders will have the option to increase their length of stay to five years per entry into Canada. People who have a super visa will have the option to request to extend their stay by up to two years at a time while in Canada. These changes will allow holders of the visa to remain in Canada longer under a single visa when, as the length of stay has been increased from two years to five years.

Another change set to take place on July 4, is a change to make it easier for applicants to obtain approved medical insurance for their application. After July 4, the Minister of Immigration, Refugees and Citizenship will be able to designate international medical insurance companies that can provide coverage for super visa applicants. Currently, applicants can only obtain insurance through Canadian insurance companies, so expanding the number of ways by which applicants can obtain medical insurance should make the application process easier. Allowing applicants to obtain insurances from medical insurance companies outside Canada could also provide opportunities for applicants to save money on their policy, increasing the number of options available for applicants.

Overall, the changes being made should make the super visa program more attractive to potential applicants, and will make the application process easier for those potential applicants. The changes will benefit Canadians by allowing for more family reunifications and allowing those family members who take advantage of the program to remain in Canada for a longer period of time. Based on the changes, there will likely be an uptick in the number of applications for super visas. 

Thinking of Applying for a Super Visa? Garson Immigration Law in Toronto Can Help

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process and regularly work with clients looking to obtain a Canadian super visa. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

If you have any questions about whether you will be able to travel or about the circumstances of an immigration application during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Canadian Immigration News Entry to Canada

Could the Provincial Nominee Program Be Your Ticket to Canada?

In May 2022, Canada’s Provincial Nominee Programs together issued more than 1,400 invitations to apply for provincial nomination. Read on to understand what this means and if applying for provincial nomination could be for you.

What is the Provincial Nominee Program?

The Provincial Nominee Program is an option for workers who have the skills and experience to contribute to a specific province or territory’s economy. Provinces and territories target different groups, so each one has its own unique requirements. For example, provinces and territories could target various groups ranging from students and businesspeople to skilled and semi-skilled workers. This is one avenue through which foreign nationals can become permanent residents in Canada. 

Why did the Provincial Nominee Program come into existence?

Both the federal and provincial governments share responsibility for immigration in Canada under the Canadian Constitution. Before Provincial Nominee Programs existed, the majority of Canada’s immigrants were settling in Ontario, Quebec and British Columbia. Provincial Nominee Programs were launched in 1998 to not only “spread the wealth” of newcomers to this country but also to help ensure that the provinces have more control over who they wish to have settled in their province. 

Each Provincial Nominee Program has at least one stream that aligns with the federal government’s Express Entry selection system. If an Express Entry applicant is also nominated by a province, it gives them additional points on their application. These additional points more or less guarantee an invitation for permanent residence under the Express Entry program.

How to apply for a Provincial Nominee Program

The way to apply is dependent on which program you are applying to. There are two processes: paper-based and online (referred to as Express Entry). Regardless of which way you choose to apply, you will be required to pass a medical exam and get a police check.

For the paper-based process, interested foreign nationals must apply through one of the province or territory’s non-Express Entry streams. If you meet the eligibility requirements, the province may nominate you. Once nominated, you can apply for permanent residence through a paper application. This method takes longer than Express Entry.

If you opt to apply through Express Entry, you have two options. First, you can apply under the province or territory’s Express Entry stream. If you are nominated, you create an Express Entry profile and show that you have been nominated. The second option is to create an Express Entry profile in advance and select your provinces and territories of interest. Then, the provinces or territories you’ve selected may send you a “notification of interest.” You will contact them directly and then apply to their Express Entry stream.

An Overview of Provincial Nominee Programs

Each province and territory have their own program to attract skilled workers to their unique economic needs and opportunities. Remember that each program has its own streams – so although the programs available are limited by the number of provinces and territories in this country, there are more than 80 provincial immigration streams overall.

Here is a brief overview of some of the programs that are offered:

  • Alberta Advantage Immigration Program: Involves eight streams that are divided into a category for workers and a category for entrepreneurs. Applicants must meet specific criteria and show an intention to reside in the province long-term.
  • British Columbia Provincial Nominee Program: Consists of three streams called Skills Immigration, Express Entry BC and Entrepreneur Immigration Streams. The program targets skilled workers, international graduates and other professionals with the skills, experience, and qualifications needed in British Columbia.
  • Manitoba Provincial Nominee Program: Has streams for skilled workers and families that are seeking to reside in the province permanently. It is currently being renewed.
  • New Brunswick Provincial Nominee Program: Consists of streams that target entrepreneurs, international graduates and skilled workers.
  • Newfoundland and Labrador Provincial Nominee Program: Focuses on skilled workers, international graduates, and entrepreneurs that meet criteria which include having a job offer, the intention to reside in the province, and the ability to become economically established.
  • Nova Scotia Nominee Program: Seeks eligible skilled workers, international graduates, entrepreneurs and professionals who hope to permanently settle in the province.
  • Ontario Immigrant Nominee Program: Targets foreign workers, international students, business owners or entrepreneurs who intend on settling down permanently in the province as permanent residents.
  • Prince Edward Island Provincial Nominee Program: Targets skilled workers, international graduates, and entrepreneurs. Must intend on living and working in the province and be able to become economically established.
  • Saskatchewan Immigrant Nominee Program: Selects and nominates eligible foreign nationals through its International Skilled Worker: Express Entry and Occupation In-Demand categories.
  • Northwest Territories Nominee Program: Has two streams, Employer Driven and Business, that are broken down into sub-streams, including one specifically for skilled workers.
  • Yukon Nominee Program: Helps eligible employers nominate internationally-trained foreign workers and those in business for Canadian permanent residence.

Contact Garson Immigration Law in Toronto to Assess Your Options for Provincial Nomination

The immigration lawyers at Garson Immigration Law understand that obtaining permanent residence is a goal for many foreign nationals in Canada. As a firm exclusively dedicated to the practice of immigration law, we know the ins and outs of Canada’s immigration system. We successfully guide our clients through immigration processes, from temporary residence to citizenship. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. If you have any questions about an immigration application during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Canadian Immigration News

Possible Solutions to Overcome Canada’s Immigration Backlog

It’s no secret that Canada’s immigration system has been stretched thin, and this has seemingly worsened over the course of the pandemic. With government employees working remotely, Immigration, Refugees and Citizenship Canada’s ability to process applications has been limited. As a result, since 2020 the backlog has doubled to 2.1 million people. 

International students’ applications are not being processed

The backlogs have caused extra strife for those with ongoing study commitments in Canada. Some international students have waited upwards of six months with no information on the status of their applications. Many have even begun their courses online without a student visa. Currently, processing times for student visas are 11 weeks. With the federal government focused on refugees from Ukraine and Afghanistan, in addition to the pandemic-related travel restrictions causing huge delays, some applicants feel like international students are being placed on the backburner.

Others are opting to defer their studies until they learn more about the status of their applications, but that is not an option for all. The reality is that, even for those with the means to do it, it can be devastating to stall an important step in one’s life. Especially when that step involves moving to another country to further your education and make a better life for your family.

For students with spouses, programs like the Spouse Open Work Permit can be essential to ensuring families can stay together. Unfortunately, under this program, many are left waiting and people are growing increasingly impatient. To mend the problem, Immigration, Refugees and Citizenship Canada is hiring new staff, digitizing applications, and reallocating work amongst its global office network. 

Recent tools can help you see updates to your processing time

This year, Immigration, Refugees and Citizenship Canada updated its processing times tool for greater accuracy in predicting the time to process applications. Processing times are updated on a weekly basis for temporary residence applications and most permanent residence and citizenship services. The update now reflects the large volumes of applications that are being processed and any changes that affect the government department’s ability to process.

While helpful in alleviating some of the anxiety many applicants are feeling, the new tool is not exactly a fix. Some applicants are seeing their updates increasing the wait time by more than 3 times. For those that opt to contact Immigration, Refugees and Citizenship Canada via their online form, the information sent back may not actually address their concerns.

Eligibility for a Judicial review to speed up wait times if your matter has already been appealed

For those who have been waiting for a very long time, it may be possible to use the judicial process to speed up the processing of their application. Section 72(1) of the Immigration and Refugee Protection Act provides for judicial review with respect to any matter such as “a decision, determination or order made, a measure taken or a question raised.” Judicial review is exactly what it sounds like – a judge is given the opportunity to review the decision of a decision-maker. 

However, it is only available to those who have exhausted their appeal rights. This means a decision would have already needed to be made by the Immigration and Refugee Board, and an appeal must have already been sought with either the Immigration Appeal Division or the Refugee Appeal Division.

Ask the federal court to order that a decision be made

If you have been waiting a long time, another route you can take is to seek an order for mandamus. Mandamus comes from the Latin word meaning “we command.” Essentially, an order for mandamus is asking the court to order a government officer or public authority to do something they are obligated by law to do. In this instance, the writ of mandamus would ask the court to order Immigration, Refugees and Citizenship Canada to decide on an application within a specific timeframe. This is considered a drastic remedy, and is only used where there is a “clear and indisputable right to the relief sought.”

What is required for mandamus to be issued?

The Federal Court of Canada has exclusive jurisdiction to hear and determine cases on the writ of mandamus. In Apotex Inc v Canada (Attorney General), the Federal Court of Appeal held that eight requirements must be met before mandamus can be issued. These requirements are as follows:

  1. There must be a public legal duty to act.
  2. The duty must be owed to the applicant.
  3. There is a clear right to the performance of that duty, in particular:
    1. the applicant has satisfied all conditions precedent giving rise to the duty;
    2. there was:
      1. a prior demand for performance of the duty;
      2. a reasonable time to comply with the demand unless refused outright; and
      3. a subsequent refusal which can be either expressed or implied, e.g. unreasonable delay.
  4. Where the duty sought to be enforced is discretionary, certain additional principles apply.
  5. No other adequate remedy is available to the applicant.
  6. The order sought will be of some practical value or effect.
  7. The Court in the exercise of discretion finds no equitable bar to the relief sought.
  8. On a balance of convenience, an order in the nature of mandamus should issue.

Unreasonable delays can amount to a refusal to perform

The third requirement for mandamus involves unreasonable delay. When there is unreasonable delay in the performance of a public duty, it can be implied that there has been a refusal to perform. Delays can be considered unreasonable if three requirements are met, as set out in Conille v Canada (Citizenship and Immigration):

  1. The delay in question is prima facie longer than the nature of the process required;
  2. The applicant and his counsel are not responsible for the delay; and
  3. The authority responsible for the delay has not provided satisfactory justification.

Contact Garson Immigration Law in Toronto to Learn More About Your Immigration Options

At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law. We understand that waiting for your immigration application to be processed can be stressful. Our immigration lawyers can help successfully guide you through the immigration process and find solutions for your individual immigration needs.

We work to find effective solutions for our clients in all kinds of immigration matters, including permanent residence, inadmissibility, and US immigration. If you have any questions about an immigration application, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News Refugees Sponsorship

A Brief Overview of Canada’s Refugee System

Over the past year, there have been major humanitarian crises around the world that have resulted in large numbers of displaced persons and refugees. In the summer of 2021, the end of western involvement in Afghanistan led to many people fleeing that country and becoming refugees. Currently, the conflict between Russia and Ukraine has resulted in some 2.8 million refugees fleeing from Ukraine mostly across Ukraine’s land borders into other European countries. Some sources are estimating the conflict will eventually result in around 5 million people becoming refugees. Although most of the refugees from Ukraine are currently still in Europe, eventually some will begin looking for other countries to settle in. Some of these refugees may even end up in Canada, as the Canadian Government has made a commitment to welcoming Ukrainian refugees to Canada on both temporary and permanent grounds. Given that Canada may see an influx of refugees as a result of the conflict, it is important for those coming to Canada to understand how to navigate the immigration and refugee system in order to have the best chance at staying in Canada.

What is a Refugee?

Before delving into the workings of Canada’s refugee system, it is important to know the definition that Canada uses for refugees. Canada defines refugees as people who have fled their countries because of a well-founded fear of persecution. Refugees are unable to return to their home country. A further distinction is made between refugees and immigrants in that immigrants choose to leave their country and settle permanently in another country. Refugees are forced to flee.

Canadian Refugee Streams

The Canadian refugee system is split into two main streams. There is the Refugee and Humanitarian Resettlement Program, for people who are making a claim from outside Canada and there is the In-Canada Asylum Program for people making refugee protection claims who are already within Canada.

Refugee and Humanitarian Resettlement Program

Refugees can come to Canada through the Refugee and Humanitarian Resettlement program through the United Nations Refugee Agency or through private sponsorship. Through the United Nations, refugees cannot apply directly to Canada for resettlement, and it takes some time to process refugee cases.

Private sponsors have sponsorship agreements with the Government of Canada whereby they promise to support refugees. Known as Sponsorship Agreement Holders, the private sponsor must financially support refugees during their sponsorship, provide settlement services to sponsored refugees and help them adjust to life in their community. There are other groups, such as Groups of Five and Community Sponsors who also sponsor refugees, so there are many options available for those looking to come to Canada through private sponsorship.

Coming to Canada from Ukraine? A visa is still needed

For Ukrainians outside of Canada, a visa is still required for travel to Canada. Although Canada is unveiling programs that will expedite the process of Ukrainians coming to Canada in light of the circumstances, there is still some visa requirements to apply for programs such as the Canada-Ukraine Authorization For Emergency Travel program that is being unveiled. The Canadian government has indicated that the visa requirement balances the speed of expediting the immigration process with Ukrainians with safety concerns about who is let into Canada.

Most of the typical visa requirements for travel to Canada from Ukraine have been waived based on the government’s plan, however, background screening and biometric information, such as fingerprints will need to be supplied by prospective travellers before leaving for Canada in order to obtain a visa. Immigration, Refugees and Citizenship Canada has said they have set up visa applications centres in countries that neighbour Ukraine, such as Poland and Romania. Although European Union countries have waived the visa requirement they had for travellers from Ukraine, there is no indication that Canada will do the same, despite taking measures to make it easier for Ukrainians to come to Canada.

In-Canada Asylum Program

For those already in Canada, the asylum process is less complicated. Refugee protection is available to those in Canada who have both a well-founded fear of persecution or are at risk of torture, or cruel or unusual punishment in their home countries.

Not everyone is eligible to seek asylum, however. People are not eligible to make a refugee claim if they have been convicted of serious criminal offences or have had a previous refugee claim denied by Canada.

In order to make a claim after already arriving in Canada, you can submit the claim online through the refugee protection portal. A complete application is required, including all of your support documentation as well as the Basis of Claim form. It is a good idea to retain legal help in order to prepare any application.

Help available to Refugees in Canada

After refugees arrive in Canada, there are services available in order to help them adjust to life in Canada. Under the Resettlement Assistance Program, the Canadian Government helps government-assisted refugees with essential services and income support once they are in Canada in order to help them settle. Income support is available for up to one year for refugees who come to Canada who cannot support themselves. The amount is based on basic social assistance rates in each province and territory. There is additional support given during the first four to six weeks after refugees arrive in Canada in the form of helping to find a temporary place to live, helping to find a permanent place to live, assessing their needs, information and help getting to know Canada, and referrals to other federal and provincial programs and to other settlement services. There are further services available that help newcomers get language training in English and French, and access more support services as may be needed.

Call Garson Immigration Law in Toronto for assistance with any potential application

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of recent humanitarian crises around the world. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration changes in response to conflict. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News Refugees

Canada to Begin Accepting Ukrainians Fleeing Conflict to Canada, New Measures Implemented

The current conflict in Ukraine started on February 24 and continues to this day, with devastating impacts on the country and its population. The conflict has had large humanitarian impacts on Ukraine, including the displacement of millions of Ukrainians from their homes. The United Nations has determined that over 2 million Ukrainian people are currently refugees who have escaped the country to neighbouring countries within Europe. The United Nations further estimates that 4 million people may flee Ukraine as a result of the conflict.

Canada responds to Ukraine crisis

Canada has historically been at the forefront of welcoming refugees from conflict around the world and recently demonstrated again its commitment to welcoming refugees to Canada when Afghanistan fell to the Taliban in August 2021. Most recently, the Government of Canada responded to the current conflict in Ukraine by instituting immigration measures for affected citizens shortly after the conflict started.

The immigration measures implemented to address the conflict involved the Canadian Government urgently processing documents for Canadian citizens and permanent residents who were in Ukraine so they could return to Canada, prioritizing applications of people who live in Ukraine to come to Canada, and extending a temporary public policy that lets visitors to Canada, including those from Ukraine, apply for a work permit in Canada. Despite taking these measures, at the time there was no update on how the Canadian Government would treat the numerous Ukrainian refugees. On March 3, about a week after the conflict began, the Canadian Government clarified its policy toward refugees from Ukraine.

Canada to welcome refugees fleeing the conflict in Ukraine

A press release from the Canadian Government affirmed Canada’s support for the Ukrainian people. As a result of the conflict, Immigration, Citizenship and Refugees Canada is introducing new immigration streams for Ukrainians who want to come to Canada permanently or just temporarily.

For those fleeing Ukraine who want to come to Canada temporarily, a new authorization for travel called the Canada-Ukraine Authorization for Emergency Travel will be made available. Under the Emergency Authorization, there will be no limit to the number of Ukrainians who can apply to come to Canada. The Canadian government insists that the Canada-Ukraine Authorization for Emergency Travel is the fastest, safest, and most efficient way for Ukrainians to come to Canada and eliminates many of the normal visa requirements that are usually needed in order to come to Canada from Ukraine. All Ukrainian nationals will be able to apply under the Emergency Authorization, and after a background check and security screening, could have their stay extended by at least two years following arrival.

In the next few weeks, there will also be extended pathways open for applications to Canada. However, before the extended pathways are opened, the Canadian Government encourages Ukrainians to apply through existing programs, ensuring that their applications will be prioritized. The Government has also indicated that it will develop, and quickly implement a special family reunification sponsorship pathway for permanent residence for Ukrainian immediate and extended family members of Canadian citizens and permanent residents. This special family reunification sponsorship pathway will be developed over the next few weeks.

Importantly, it was announced that all Ukrainians who come to Canada as part of these special measures will be eligible to apply for open work permits which will make it easier for Ukrainian nationals to find employment in Canada. Ukrainian visitors, workers and students who are currently in Canada will also be issued open work permits by Immigration, Refugees and Citizenship Canada.

Additional immigration measures taken to support those affected by the Ukraine conflict

In addition to the measures mentioned above, the Canadian Government is supporting Ukrainian immigration in other ways. The first way will be the prioritization of applications for new and replacement travel documents for  Canadian citizens, permanent residents, and their immediate family members. There will also be urgent travelling of single-journey travel documents for immediate family members of Canadian citizens and permanent residents who do not have valid passports.

There have also been measures implemented to prioritize process citizenship grant applications for adoption. Since January 19, Immigration, Refugees and Citizenship Canada has approved around 2,000 applications from Ukrainian nationals and people residing in Ukraine to come to Canada, and this number is sure to rise due to increased prioritization of applications.

When applying to Canada there will now be a dedicated service channel for Ukrainians in Canada and abroad available to call at 613-321-4243. Collect calls to this number will be accepted. Further, emails inquiries to Immigration, Refugees and Citizenship Canada containing the keyword Ukraine2022 will be prioritized. Immigration measures will continue to be updated and can be found on the Canadian Government webpage. An example of an immigration measure that was updated is one that allows Ukrainians who are not fully vaccinated to enter Canada if they have a temporary resident visa, temporary resident permit, or written notice of approval for an application for permanent resident in Canada.

The Canadian Government has further indicated that it is taking additional steps to prepare for the increased volume of applications in order to efficiently process applications. Be sure to look out for additional measures to help the Ukrainian people in the coming weeks as the conflict continues, and Ukrainians continue to leave their country.

Coming to Canada? Contact Garson Immigration Law for assistance with making an application

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulation. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to the current conflict in Ukraine and will provide updates as the situation develops. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News

Good News for Potential Newcomers to Canada: 2022-2024 Immigration Levels Plan Calls for Record Immigration

Recently, the government of Canada revealed some of its plans to help reduce immigration times for those who wish to come to Canada. With an immigration backlog of around 1.8 million applications, and some applicants waiting for an answer to their application for more than two years, new information on how the immigration system will be made more efficient was needed.

As we move forward into 2022, there has been greater clarification on how the immigration backlog will be cleared, along with some avenues to become permanent residents of Canada.

New Immigration Levels Plan Unveiled

As expected, the Canadian government unveiled a new Immigration Levels Plan on February 14. Every year, the government releases an Immigration Levels Plan that gives a number of permanent residents entry guidelines as a goal to be admitted into Canada each year for the following three years. The previous Immigration Levels Plan called for 411,000 new permanent residents to be admitted to Canada in 2022.

The new Immigration Levels Plan for 2022-2024 calls for increased immigration levels when compared with the previous plan. The updated plan aims to welcome 431,645 permanent residents in 2022, 447,055 in 2023, and 451,000 in 2024. This represents a significant increase in the target number for new residents when compared with the previous plan.

The new plan offers a look into how different pathways for immigrating to Canada may open in the near future. For example, a majority of the immigrants accepted under the new plan will be Economic Class immigrants. Of the Economic Class immigrants, the Immigration Levels Plan accounts for 83,500 people to come to Canada under the Provincial Nominee Program. Overall, Express Entry admissions are projected to be lower in 2022 and will increase in 2023 and 2024 based on the new plan. Around a quarter of the admissions in 2022 under the new plan will be part of the family class with the majority of family admissions being part of the Spouses, Partners and Children class. Nearly 20% of the remaining admissions will come from refugees and protected persons, in addition to humanitarian admissions.

In addition to the above, there will be several other pathways to permanent residence including, a pathway for talent retention that would grant permanent residence to temporary residents already in Canada through time limit pathways for essential workers that was launched in Spring 2021. It is further likely the special measures for granting permanent residence to refugee claimants working in health care during the pandemic will continue based on the language in the Immigration Levels Plan.

Immigration System Modernization

A large part of paring down the number of applications in the backlog and keeping Canada’s immigration system backlog free in the future has to do with modernizing the immigration system in order to keep up with application demands. In order to address the issues with immigration, the Canadian government promised $85 million that would be put towards reducing the number of outstanding applications.

For the first time in Canadian history, the year 2021 saw the largest number of immigrants admitted to Canada. Given the current backlogs and the goal of welcoming record numbers of immigrants over the next few years, the efficiency of the immigration system is of the utmost importance. Going forward, more concrete plans have been revealed discussing how the immigration system will be modernized to be made more efficient.

To address the current needs, the $85 million will be used to help hire more staff in order to return processing times to the standard. Digitization of applications has also begun which will help increase the speed of processing. The digital application portal is also going to be expanded to include more types of applications this summer. Part of the online application portal will be a permanent residence application tracker, which is supposed to launch by the end of February. The online tracker should help applicants easily access their application information and check the status of their application.

In the future, one of the efficiency improvements mentioned is the expansion of the use of advanced data analytics for processing applications. Data analytics will help immigration officers sort and process applications submitted from outside Canada. Immigration, Refugees and Citizenship Canada has revealed that using data analytics has resulted in routine applications being processed 87% faster while maintaining program integrity. Program integrity is maintained as an immigration officer will always view an application and make the final decision, rather than leaving a decision up to the analytics alone.

Express Entry News

As of now, Express Entry draws in the Federal Skilled Workers Program are still not happening. Immigration Minister Sean Fraser addressed this issue and said that while there is not a definite date set for when draws will resume, he did say that draws for Federal Skilled Workers will resume in the near future. Further, it is possible we will see occupation-specific express entry draws in the future based on comments from the immigration minister. Although details are a bit sparse right now, in the months to come more information will come to light about the future of Express Entry as the world moves into a post-pandemic era.

Thinking about coming to Canada? Garson Immigration Law in Toronto Can Help

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 and will provide updates as the situation develops. If you have any questions about preparing an application or eligibility under the Immigration Levels Plan, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News

End Of The Backlog? Canada’s Big Immigration Plans For 2022 Unveiled

As part of their 2021 election platform, the Liberal Party of Canada included policy promises related to immigration, as immigration was heavily impacted by the COVID-19 pandemic. Specifically, part of the Liberal Party platform indicated that if re-elected, the Liberal Party would reduce immigration processing times that had been impacted by COVID-19 to under 12 months.

Following the 2021 election, immigration delays continued largely due to the ongoing COVID-19 pandemic. In late 2021, the immigration backlog stood at 1.8 million applications. Some permanent residency applicants have been waiting for a response from Immigration, Refugees and Citizenship Canada for more than two years with no word on the status of their applications. Now, after a long period of relative inaction, the Canadian government has acknowledged that there are problems in the immigration system and has outlined how some of the problems will be addressed in the near future.

Government action on reducing immigration processing times

In late 2021, the Federal Government recognized that there is an issue with the immigration backlogs and committed to solving the problem. The Government’s solution firstly entailed allocating $85 million as an investment to help process permanent residence and temporary residence applications to Canada in 2022. At the time, it was unclear as to how exactly the money would be allocated and some called for a more permanent solution to immigration efficiency issues, rather than a one-time investment.

In a press conference at the end of January, Immigration Minister Sean Fraser addressed concerns about the immigration backlog that Canada is currently experiencing. In the press conference, Immigration Minister Fraser indicated that the $85 million that is to be allocated to immigration will be used to hire more staff, which should allow for a greater volume of immigration applications, including study permits, work permits, permanent resident applications, visitor visas, and proof of citizenship applications to be processed. The extra help in processing applications is being provided with the goal of bringing application processing times to a standard one year processing time. Extra resources will not be spent on family unification applications, as the processing time already meets the one year processing time standard.

Although these changes should improve processing times, Immigration Minister Fraser cautioned those with waiting applications to temper their expectations:

I should point out that these will not solve all of the problems with Canada’s immigration capacity overnight, but they will start to make a difference. And some will start to make a difference very quickly.

Accordingly, the difference will be felt by many who are waiting on a decision on their application, as there will be more accurate processing times available on the Canadian government website soon in order to alleviate some of the stress of those who are waiting to provide them with a more definite date for when their application will be processed. Further promising news is that the government intends to clear the backlog of permanent residence applications by the end of 2022 and begin processing new applications more quickly in the near future.

More permanent immigration changes should benefit applicants

Beyond the temporary measures that have been enacted in order to clear the immigration backlog caused by difficulties associated with the COVID-19 pandemic, the government is looking at making permanent changes to the immigration system that should increase efficiency and reduce processing times for potential applicants.

There are plans for Canada to allow more foreign health care workers to move to Canada. Processing applications for health care workers will continue to be prioritized, as it has been during the pandemic. Health care worker applicants can expect lower than usual processing times, however how much lower than usual is unclear as of now.

Application digitization should streamline process

The government is planning to expand a pilot project that allows 10-20 percent of permanent resident applicants to file their applications online. Later in 2022, all permanent resident applications will be digitized, eliminating the need for paper forms, and speeding up the process for those involved. As part of the digitization effort, there will be confirmation that an application has been submitted, which should give some peace of mind to applicants.

Another tool that will make the application process easier is an applicant tracking tool for spouses, partners, and dependants. This will allow those given access to the application to track the application in real-time, which was not possible under the previous paper based system. The digitization efforts will allow the government to roll out this additional tool to help streamline the application process.

The government may also expand the number of virtual citizenship ceremonies and introduce an electronic oath of citizenship so that people who are approved to become a Canadian citizen can become a citizen faster. It is unclear as to whether these measures will continue following the COVID-19 pandemic, but the government is weighing its options. Currently, 600,000 people have been approved for citizenship and are awaiting a ceremony. Having ceremonies online would certainly decrease the time between approval and citizenship for many applicants. There needs to be a balancing between those who want an official ceremony and those who are accepting of a digital ceremony, as gaining citizenship is a momentous occasion for many people so the government is remaining cognizant of providing a formal ceremony with the want from some for increased efficiency.

Garson Immigration Law in Toronto can help with your citizenship application

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law continue to help potential immigrants to Canada prepare their applications in spite of the rapidly changing regulations. If you have any questions about preparing an immigration application to Canada during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News

Immigration Backlogs Create Uncertainty for Immigrants Looking to Come to Canada

It is early January and the spread of the Omicron Variant of COVID-19 has continued. In response to rising caseloads in Canada, the Center for Disease Control in the United States has changed its travel recommendation for Canada to avoid travel. While the border is still open for travel both ways, it is important to keep an eye on the news for any developments, as changes in regulations occur more rapidly when case levels are high.

The COVID-19 pandemic has created delays in many aspects of society ever since its onset in March 2020. One of the most glaring delays so far through the pandemic has been seen in Canada’s immigration system. There have always been immigration backlogs in the Canadian immigration system. It is not a novel problem. Prior to the onset of the pandemic, there was a backlog of permanent residence applications, temporary permanent resident applications, and citizenship applications.

Immigration Backlog Continues to Grow

 The COVID-19 pandemic and other events in 2021 created conditions that resulted in massive increases in the immigration backlogs in Canada. International travel restrictions resulted in an inability for new permanent residents to come to Canada, pandemic conditions reduced the processing capabilities of Immigration, Refugees and Citizenship Canada, and Canada undertook a large commitment to resettling refugees from Afghanistan, which strained the immigration system even further. By July 6, 2021, the backlog of permanent residence applications had risen by 70% when compared with the number recorded prior to the beginning of the pandemic in February 2020. As of December 2021, the backlog of applications has reportedly grown to 1.8 million applications across the different immigration categories.

Backlog Solutions

Government officials have recognized that a backlog problem exists and will be seeking to resolve it in various ways. The first way that the government can reduce the backlog is through the Immigration Levels Plan. The Canadian Government releases an Immigration Levels Plan every year that details the number of permanent residents that the government wants to admit into Canada. The current plan calls for 411,000 permanent residents to be admitted in 2022, but it can be updated in February 2022 as another plan is supposed to be released. It is possible that the permanent resident goal will be increased in order to account for the substantial backlog.

Another way that the Canadian Government has proposed to lower the backlog is more active. Prime Minister Trudeau’s government has pledged to put $85 million toward processing permanent resident and temporary resident applications in 2022. The monetary pledge should help the Canadian immigration system modernize with more digitization that will allow more applications to be processed. Considering the Immigration Levels Plans calls for the most newcomers to be admitted to Canada in Canadian history, some updates to the immigration system are surely needed. However, given that the $85 million investment is supposed to be a one-time payment, some critics have responded and said it will not be enough, and that the backlog will take around three years to clear at this rate. Although the number of applications being processed is returning to pre-pandemic levels, other immigration services, such as permanent residence renewal are also needed, so hopefully, the funding is allocated to ensure that those who need immigration services receive them.

Immigration Streams are Impacted Differently by the Backlog

 In order to help alleviate the backlog, Canada will need to start admitting immigrants from different immigration categories. Through Express Entry, there are a few different paths by which potential immigrants can come to Canada and become permanent residents. The issue currently with Express Entry is that the government is not admitting applicants under all of the categories, and it is not clear when admittance will resume for some of the categories.

We have already seen some immigrants receiving invitations to apply for permanent residence as early as 2022. On January 5, 2022, 392 invitations to apply for permanent residence were issued. All of these invitations were issued as part of the Provincial Nominee Program. The government has been consistently inviting applicants to apply under the Provincial Nominee Program throughout 2021, inviting new applicants approximately every two weeks and it looks like the invitations will continue into 2022.

The Canadian Experience Class is another stream under Express Entry through which potential immigrants can be admitted for permanent residence. For most of 2021, there were many invitations issued under the Canadian Experience Class, as the number of invitations issued at one time is generally larger than under the Provincial Nominee Program. However, there have been no invitations issued under the Canadian Experience Class since September 14, 2021. Though it is likely we will see invitations to apply issued under the Canadian Experience Class again soon if Canada is to meet its immigration goals for 2022.

Many immigrants used to be accepted under the Federal Skilled Worker Program and the Federal Skilled Trades Program. However, there were no invitations issued for these programs in 2021 as Canada decided to focus on the Canadian Experience Class and Provincial Nominee Program instead. It is possible that invitations will restart for these programs in 2022, but pandemic policy will play a big role in determining if invitations will be issued, as many applicants for these streams come from outside of Canada, making invitations more complicated amidst the restrictions caused by COVID-19.

Thinking of Applying to come to Canada? Garson Immigration Law Can Help

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration developments in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News

A Look Ahead to Immigration in Canada for 2022 and Beyond

Canada experienced a momentous year for immigration in 2021. Despite the ongoing COVID-19 pandemic, Canada welcomed more new permanent residents into the country than in any other year in Canadian history. 2022 should be an interesting year for immigration in Canada as the country continues to grapple with COVID-19 and the Omicron Variant.

Immigration to Canada in 2020, 2021 and the Future

During the initial stages of the COVID-19 pandemic, Canadian immigration numbers fell dramatically as travel restrictions and other challenges resulted from the unprecedented situation. Immigration in terms of the number of permanent residents admitted into Canada in 2020 was 184,500, a large drop from the 341,000 permanent residents that were admitted in 2019. The Canadian Government was determined to increase the number of admitted permanent residents in 2021 because of the lower number in 2020 and announced this intent in the Immigration Levels Plan that was unveiled in 2020.

In 2021, 401,000 new permanent residents were welcomed to Canada, representing a massive increase over the number of admitted new permanent residents from 2020, showing that Canada has adapted to some of the strain caused by the pandemic.

Going forward, Canada’s plan is to admit even more permanent residents year over year. The Immigration Levels Plan for 2021-2023 calls for 411,000 new permanent residents to be admitted in 2022, and 421,000 new permanent residents to be admitted in 2023. However, these figures may be altered when Canada unveils the next Immigration Levels Plan for 2022-2024, as the previous Immigration Levels Plan called for 351,000 immigrants in 2021, before being updated to the 401,000 figure that was reached. This shows that the numbers can change from plan to plan, and based on the extra uncertainty in these times, it would not be surprising to see the figure change when the next Immigration Levels Plan is revealed. The 2022-2024 Immigration Levels Plan should be unveiled in February, at which point we will be able to determine if Canada will continue to welcome record numbers of new immigrants into the country each year.

Medical Test Exemption Extension

Earlier this year, the Canadian Government announced a temporary public policy that exempted some foreign nationals who are applying to come to Canada from the medical exam that is normally required when foreign nationals are immigrating to Canada. On June 30, 2021, Canada changed the medical examination policy by allowing some foreign nationals who were to enter Canada to be exempt from the examination until December 28, 2021. In-Canada permanent residence applicants were exempt from an additional immigration medical exam if they have applied or are applying for permanent residence, already reside in Canada, completed an immigration medical exam in the last five years and an Immigration, Refugees and Citizenship Canada officer found the completed medical exam to be low risk or no risk to public safety.

Now, Canada has extended the exemption for permanent residence applicants who meet the requirements until March 31, 2022. Family members of applicants who meet the criteria for the exemption may also be eligible for an exemption under the policy if they meet the requirements as well. The exemption on medical tests should make immigration processing easier for the federal government, and with immigration already at all-time highs based on 2021, any extra efficiency will help process the extra applications.

Travel Rules Set to Change Again January 15

Throughout 2020 and 2021, international travel rules for Canadians and foreign nationals who sought to enter Canada changed continuously, leaving many unaware of the entry requirements involved to enter the country.

In December, the 72-hour testing exemption for travelling to the United States from Canada and back was repealed, and the rules are set to change again on January 15. Starting on January 15, most foreign nationals travelling into Canada will need to be fully vaccinated on arrival in order to enter Canada. This includes many people who would have been able to enter prior to the change on account of the essential designation for their travel, such as students, some foreign workers and family members of Canadian citizens or permanent residents.

In the future, it is likely that the travel rules, including the testing requirements, will change again at some point. Currently, given the current challenges with the Omicron Variant, it is likely that we will see more restrictions on travel than a relaxation of the regulations, but later this year, it is possible that we will see some of the more stringent rules for travel into Canada be lifted if COVID-19 rates go down worldwide.

Express Entry

Express Entry is one of the main ways that immigrants who wish to become permanent residents come to Canada, as it allows immigrants to apply for permanent residence based on how they can contribute to the Canadian economy.

In 2021, the COVID situation in Canada caused changes to the Express Entry system. For example, applicants under the Canadian Experience Class and Provincial Nominee Program were accepted into Canada. However, applicants under the Federal Skilled Worker and Federal Skilled Trades Programs were not issued invitations under Express Entry in 2021. It is possible this trend will continue because many applicants under the Canadian Experience Class and the Provincial Nominee Program are already located within Canada, which makes it easier for Canada to issue invitations to them.

It is possible this trend will continue into 2022 depending on how the pandemic progresses. However, future applicants may want to try to apply for permanent residence under the Canadian Experience Class or the Provincial Nominee Program based on how Express Entry was handled in 2021.

Contact Garson Immigration Law for Any of Your Immigration-Related Needs

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application.

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in Canada and the U.S. in relation to COVID-19 and will provide updates as the situation develops. If you have any questions about if you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Canadian Immigration News

Private Sponsorship of Refugees Helps Bring Those in Need to Canada

Earlier this year, the Afghan government fell, and the Taliban took control of the country. The result of the events in Afghanistan created a large number of refugees. However, Canada was ready for the development and announced a plan to accept 20,000 refugees from Afghanistan who had been impacted by the conflict into Canada. In August, the first of these refugees started arriving in Canada and they have continued to travel to Canada throughout the rest of 2021. As of December 2, 2021, Canada has welcomed around 4,000 Afghan refugees into the country, including 472 NATO-identified locally engaged staff on December 8. Canada will continue to welcome more refugees from Afghanistan throughout the rest of 2021 and 2022.

Privately Sponsored Refugees

Many of the refugees coming to Canada from Afghanistan are now privately sponsored refugees. The privately sponsored refugees from Afghanistan recently began arriving in Canada, with the first group of 250 people arriving on December 2. More privately sponsored refugees from Afghanistan will continue to arrive as Canada is still not close to its goal of welcoming 20,000 Afghans into the country.

The private sponsorship program allows Canadians to play an integral role in welcoming refugees to Canada, by sponsoring them. Sponsors can be groups of Canadians or organizations, including faith groups, ethnocultural associations, or settlement organizations. Private sponsorship of refugees was established in the late 1970s and has since helped welcome around 333,000 refugees to Canada, making it a viable option for bringing refugees to Canada.

How to Privately Sponsor a Refugee

In order to privately sponsor a refugee, there are certain requirements that first must be met. The private sponsor must support a refugee for the entirety of the sponsorship period, which is usually up to one year. The support that the sponsor is required to provide includes start-up costs for items such as furniture and clothing, ongoing monthly costs for basic necessities, including housing, food, and public transportation, as well as social and emotional support for the sponsored refugee.

Canadian citizens and permanent residents cannot sponsor refugees on their own. Instead, a potential private refugee sponsor must be part of an approved group that can sponsor refugees. Sponsorship Agreement Holders sign agreements directly with the Government of Canada to help support refugees when they arrive in Canada. Constituent Groups work with Sponsorship Agreement Holders to sponsor refugees. Groups of five or more Canadian citizens or permanent residents who sponsor refugees to settle in their communities are Community Sponsors.

Deciding on a Refugee to Sponsor

If you are part of a group that can sponsor refugees, your group must then decide how to sponsor a refugee and potentially which refugee you would like to sponsor.

There are some groups of refugees that have been approved to come to Canada by the government. The Blended Visa Office-Referred Program helps groups sponsor refugees that have been determined to be the most in need while lowering the cost of sponsorship. The Blended Visa Office-Referred Program reduces the financial burden on private sponsors, prioritizes the most vulnerable refugees through referral organizations and connects sponsors with refugees that have already been screened and interviewed, making them ready to travel sooner. Up to six months of financial support is offered by the government after the refugees arrive in Canada.

Sponsoring a Refugee with Special Needs

There is also an option to sponsor a refugee who has special needs through the Joint Assistance Sponsorship Program. The requirements to sponsor through this program are more stringent than for the Blended Visa Office-Referral Program. Only Sponsorship Agreement Holders and Constituent groups can sponsor through the Joint Assistance Program and sponsors through the program must support the refugee sponsors for up to 24 months. The Government of Canada does provide some financial assistance to those in the program in order to offset some of the 24-month support cost.

Sponsoring a Specific Refugee Family

A third option to privately sponsor a refugee is to sponsor a specific refugee or refugee family. If you choose to sponsor a refugee you know, the Government of Canada indicates that the processing time could be longer than if you sponsor through the Blended Visa Office Referred Program or the Joint Assistance Program. Further, the government will not provide financial assistance for the sponsorship. The process for sponsoring a refugee privately also depends on your type of sponsorship group.

Contact Garson Immigration Law

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are here to help you with any potential application or immigration question you may have. Do not hesitate to reach out to us online or by calling us at 416-321-2860.