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Canadian Immigration News

Domestic and International Travel Regulations for Canadians in Response to Omicron Variant

Since the beginning of the pandemic in March 2020, travel regulations around the world have been rapidly changing as countries have to make tough decisions at their borders in order to react to the threat caused by the COVID-19 virus. Although changes in regulations happen often, they happen more rapidly when a new variant of the COVID-19 virus is discovered. Earlier in 2021, the delta variant caused concern around the world and accordingly resulted in policy changes. Now, there is the new omicron variant of the COVID-19 virus which was identified in November in Southern Africa and is confirmed to be present in Canada and the United States in small numbers. Now, both countries are making travel regulation changes in order to try to curb the spread of the new variant. These travel regulations may impact those who have travel plans for the holiday season, so it is important to keep up to date on what is changing in order to avoid being caught out.

November 30 Travel Regulation Changes

On November 30, Canada implemented several new travel restrictions and regulations. To enter the country, travellers coming into Canada must now be fully vaccinated in accordance with Canada’s vaccination requirements. A negative COVID-19 test for a traveller who is not vaccinated is no longer sufficient to enter Canada unless the traveller falls under one of the few exempted categories. For travellers who are not fully vaccinated, there are very limited exemptions available until January 14, 2022, including individuals who are travelling to reunite with family, international students, professional athletes and their support staff, amateur athletes, individuals with a valid work permit (including temporary foreign workers, excluding agricultural and food processing), and most essential service providers. Following January 14, 2022, the exemptions will be even more limited.

Another change that was implemented on November 30th allows Canadians to travel to the United States and return to Canada without a negative COVID-19 test, provided the length of the trip is less than 72 hours. However, it is important to note that travellers must use the ArriveCAN app prior to crossing the border in order to avoid a 14-day quarantine. Further, if you are coming into Canada, you should use the ArriveCAN app in order to facilitate your entry into the country. The app is available for free and can be downloaded from the Google Play Store or the App Store.

Omicron Variant Regulation Changes

The omicron variant has spurred further travel regulation changes as the Canadian government is worried about its spread. Certain countries have been added to the travel ban list and as of December 6, there are 10 countries with entry prohibitions. Foreign nationals who have been in any of these countries over the previous 14 days will not be permitted entry into Canada. The countries on the list are all in Africa and include Botswana, Egypt, Eswanti, Lesotho, Malawi, Mozambique, Namibia, Nigeria, South Africa, and Zimbabwe. If you are a Canadian Citizen, Permanent Resident, or person with status under the Indian Act, you will be subject to enhanced pre-entry and arrival testing, screening, and quarantine measures if you enter Canada after having been in one of the countries on the list within the previous 14 days. The Canadian government will continue to monitor the situation with regard to the omicron variant, so the travel ban list may be expanded if there are substantial outbreaks of the omicron variant in other countries in the coming weeks.

For countries not on the travel ban list, there are additional requirements for all air travellers coming to Canada, except for those from the United States. All travellers that arrive at Canadian airports from outside of Canada now need to be tested at the airport when they land in Canada. This testing requirement comes in addition to the pre-departure test that is required for entry. Following the test at the airport, vaccinated travellers are to isolate until they receive a negative COVID-19 result. Unvaccinated travellers who are permitted to come into Canada will have to isolate for 14 days, taking a test on day one and on day eight of their quarantine. If a traveller who is ordered to quarantine does not have a safe place to isolate, they will be mandated to isolate in a government quarantine hotel. If you are travelling to Canada and entering through an airport, you should expect longer than normal delays, as the airports are worried about the logistics of testing all arriving air travellers from countries that are not the United States.

If you are planning on flying into the United States you will need to get a COVID-19 test no later than 24 hours before your departure. This new regulation comes in response to the Omicron variant concerns. There is still no testing requirement for Canadians to enter the United States over the land border, but it is possible one will be instituted in the future. For now, just make sure to comply with the current regulations in order to avoid being denied entry.

Canadian Domestic Travel Rules

The travel rules apply to domestic travel within Canada as well as international travel coming into Canada. In order to board a Canadian domestic flight, people who are 12 years plus 4 months old and older must be fully vaccinated against COVID-19 in accordance with the government guidelines. All travellers must have received their second dose of a COVID-19 vaccine at least 14 days before their departure date as well. For flights within Canada, a pre-departure COVID-19 test is not required. Full COVID-19 vaccination is also required for Canadians to domestically travel within Canada through the railway system on VIA Rail or Rocky Mountaineer trains.

Going forward, the government could update this policy to include the third booster shot that is being made available. However, a policy change will likely be announced far in advance and certainly after the booster is made widely available to the Canadian population, as it is not widely available at this point.

Contact Garson Immigration Law

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We assist companies and individual professionals across a wide range of industries with designing strategies for their small and large-scale immigration needs both into Canada and the US, as well as from around the globe. We regularly assist clients with Canadian inadmissibility, including inadmissibility for medical reasons, and US inadmissibility. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19.

The immigration lawyers at Garson Immigration Law continue to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have questions about your potential classification, eligibility to travel, or compliance with changing regulations, 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 Study Permits Work Permits

Post-Graduation Work Permit Extension Welcome News for International Students in Canada

The travel restrictions caused by the COVID 19 pandemic have resulted in uncertainties for many people throughout the world and in Canada. One of the groups most heavily impacted by the pandemic era restrictions has been international students, as they were left in a state of limbo when the borders closed. Thankfully, there have been regulations passed since March 2020 that specifically address the concerns that international students have had caused by pandemic travel restrictions. Despite the strain on the immigration system caused by the pandemic, Canada has continued to provide additional ways for international students to come to Canada, such as by expanding the Student Direct Stream earlier this year. 

Now, the Canadian Government provided another update to one of its international student programs, which represents good news for those students who intend to stay in Canada after their education in order to work here in the form of an extension of the online study eligibility period for Post-Graduation Work Permit applicants.

What is the Post-Graduation Work Permit?

The Post-Graduation Work Permit Program is described by the Canadian Government as a program that allows students who have graduated from eligible Canadian designated learning institutions to obtain an open work permit to gain valuable Canadian work experience. Having an open work permit means that the holder of the permit can work for an employer and is not just restricted to one job, which makes the Post-Graduation Work Permit a flexible option for international students.

The Post-Graduation Work Permit provides an avenue for international students to stay in Canada permanently, as experience gained through the Post-Graduation Work Permit Program can help graduates qualify for permanent residence in Canada through the Canadian experience class within Express Entry, and other immigration classes, as certain classes highly value Canadian work experience as part of the selection process. 

Eligibility for the Post-Graduation Work Permit

Eligibility for a Post-Graduation Work Permit is subject to rules set out by the Canadian government. For example, applicants can only receive one Post-Graduation Work Permit in their lifetime. Further, applicants to the program must hold valid temporary status or have left Canada, completed an academic, vocational, or professional training program at an eligible institution in Canada that is at least 8 months in duration leading to a degree, diploma or certificate, have maintained full-time student status in Canada during each academic session of the program or programs of study they have completed and submitted as part of their post-graduation work permit application and applicants must have received a transcript and an official letter from the eligible designated learning institution confirming that they have met the requirements to complete their program of study. Further, Post-Graduation Work Permit eligibility is partly determined by the length of the study period of the applicant, as applicants with more than two years of study experience can receive a permit for up to three years in duration.

The Post Graduation Work Permit may not be available to all students who have graduated from a Canadian school because of the requirement that the graduate has graduated from a designated learning institution that makes you eligible for the Post Graduation Work Permit. If you are thinking of working in Canada after graduation, be sure to check the list of schools that allow you to apply for the permit in order to see if the permit is an option for you. Further, If you have applied for the Post-Graduate Work Permit, you are allowed to work while awaiting a decision on your application if you are or were a holder of a valid study permit at the time of the Post-Graduation Work Permit application, were a full-time student enrolled at a designated learning institution in a post-secondary academic or vocational or professional training program they were authorized to work off-campus without a work permit and did not exceed the allowable hours of work. 

Post-Graduation Work Permit Changes Since March 2020

Part of the eligibility requirements for receiving a Post-Graduation Work Permit is studying in Canada. Studying online at a Canadian designated learning institution while outside of Canada did not meet the eligibility requirements in the past. However, with the onset of the pandemic, many designated learning institutions switched to primarily online study, which would have made international graduates ineligible for a Post-Graduation Work Permit under the rules. Immigration, Refugees and Citizenship Canada recognized the problem with this situation and made it so that online study from outside Canada would count towards the Post Graduation Work Permit eligibility from March 2020 until December 31, 2021. With the December deadline quickly approaching, and the pandemic still ongoing, Immigration, Refugees and Citizenship Canada announced that it would be extending the time in which online study would contribute to Post-Graduation Work Permit eligibility until August 31, 2022. This means that students can study online outside of Canada as part of their degree until August 31, 2022, and have that time contribute toward the eligibility for a Post-Graduation Work Permit. COVID-19 depending, it is possible Immigration, Refugees and Citizenship Canada extends this deadline again, but if you do intend to apply for a Post-Graduation Work Permit it may be time to start thinking ahead to commit to in-person learning at a designated learning institution following the August 31 deadline. 

Contact Garson Immigration Law in Toronto For Custom Immigration Solutions

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. Our immigration lawyers successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19.  If you have any questions about preparing an application or other questions about the Post-Graduation Work Permit Program, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News COVID-19 Immigration & Travel Issues

Planning to Travel? Make Sure You are Aware of the New Canadian Travel Rules

With the winter holidays coming soon, many Canadians will be travelling south across the border in order to visit friends and family in the next few months. It is no secret that due to the COVID-19 pandemic, immigration regulations have been changing rapidly. Canadians have often been caught off guard by these regulation changes, as they update quickly, and are left to suffer the consequences, such as not being allowed to travel, quarantine upon return to Canada, or fines for failing to follow the new rules.

Canadians Face Fines for Crossing the Border

An example of the new rules causing issues for Canadians came recently from British Columbia. Due to the recent floods in British Columbia, Canadians who live in border towns were travelling to the United States in order to buy food, medicine and gasoline that was unavailable because of the floods. Upon return to Canada, the travellers were fined by the Canadian Border Services Agencies for not presenting a negative PCR test when returning from the United States. The fines came despite a supposed exception for Canadians in border towns who were crossing the border to pick up essential supplies. Although the fines have supposedly been rescinded, this incident is just one example of how Canadians have been fined since the beginning of the pandemic era travel rules. With the rules set to change again on November 30 and in January, it is vital to stay up-to-date to avoid issues at the border.

November 30 Travel Rule Update

As of November 30, the rules for travelling are set to change again for Canadians. As of November 30, vaccination will be required for travel within and out of Canada. Starting on that date, COVID-19 molecular tests will not be accepted as alternatives to vaccination, unless the traveller is eligible for one of the limited exceptions, such as a medical inability to be vaccinated. The government recommends the traveller obtain and submit the exemption form with their airline prior to travel. Vaccination will be required for travel, and accordingly, the Canadian government updated the list of vaccines it will approve for travellers to be considered fully vaccinated. Prior to November 30, the Canadian government recognized the Pfizer, Moderna, AstraZeneca and Johnson & Johnson vaccines for being fully vaccinated, provided that the traveller had received the correct doses of each vaccine. Starting on November 30, the Bharat Biotech Covacin, Sinopharm and Sinovac CoronaVac vaccines will be accepted by the government of Canada for travel. If you have one of the newly approved vaccines and are planning to travel to Canada after November 30, you should be allowed to enter.

There is a further policy change coming on November 30 that will be appreciated by Canadians. Starting on that date, fully vaccinated individuals with the right to enter Canada who depart and then re-enter Canada within 72 hours of leaving Canada will not have to present a pre-entry molecular test. This exception only applies to Canadian citizens, permanent residents and individuals registered under the Indian Act who depart and re-enter by land or by air and can demonstrate that they have been away from Canada for less than 72 hours. This new exemption extends to children who accompany the traveller who are under 12 years old. This policy change will have a positive impact on a large number of Canadians, as most trips by Canadians to the United States are day trips and the testing policy was effectively discouraging travel. Now, Canadians can visit the United States for short periods of time without having to take a COVID test in order to return to Canada.

More Changes Coming January 15

The changes enacted on November 30 come with some exceptions that will last until January 14, 2022. During this period, individuals in specified exempt groups can continue to enter Canada if they are unvaccinated or partially vaccinated. Currently, the exemptions include individuals who are travelling to reunite with family, International students, professional athletes and their support staff, amateur athletes, individuals with a valid work permit (including temporary foreign workers, excluding agricultural and food processing), and most essential service providers. This means that if you fall in this category, you should be able to enter Canada without being fully vaccinated until January 14, 2022, when the exemption ends.

Following the January 14 deadline, there will still be some limited exceptions as to who can enter Canada without being fully vaccinated. These exceptions include agricultural and food processing workers, foreign marine crew members, those entering on compassionate grounds, new permanent residents, newly resettled refugees, children under the age of 18 who are currently exempt from the travel restrictions and national interest exemptions. If you fall under one of these exceptions, you should be able to travel to Canada without being fully vaccinated after January 14, provided you have the right documentation.

Contact Garson Immigration Law in Toronto for Ongoing Travel Updates

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. If you have any questions about your potential classification or about how you should comply with the changing travel regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News

What does the 2021 National Occupational Classification Mean for Potential Immigrants?

The 2021 National Occupational Classification was released by Statistics Canada and will likely have large ramifications for people who are planning to move to Canada in the future. The National Occupational Classification is a national reference on occupations in Canada that provides a systematic classification structure that categorizes the entire range of occupational activity in Canada. Occupational information is of critical importance for the provision of many programs and services and has a great impact on potential immigration.

The National Occupational Classification is organized by classifying workers based on broad occupational categories and skill levels into unit groups which are several occupations that are combined together. Minor revisions to the National Occupational Classification occur every year, but do not affect the distribution of unit groups. Rather, minor revisions focus on content updates like the addition of job titles to a group. However, every ten years a major revision takes place for the National Occupational Classification where there are changes to the classification such as the introduction of new unit groups and the reallocation of unit groups across skill levels and occupational categories.

The National Occupational Classification impacts immigration because potential skilled workers and temporary foreign workers need to demonstrate to the immigration authorities that their work experience is acceptable to the National Occupational Classification requirements of the program that they are applying under. For example, if a would-be immigrant wants to come to Canada through an Express Entry program, they need to show that their work experience falls under a National Occupational Classification as one of the eligibility factors. This makes the National Occupational Classification important for potential immigrants.

What is Changing in the 2021 National Occupational Classification?

The first major change to the National Occupational Classification as a result of the 2021 major revision is the replacement of skill levels with Training, Education, Experience, and Responsibility categories, abbreviated as “TEER”, which is fitting because the TEER categories basically work as tiers for the National Occupational Classification. As such, the former four categories comprising the skill levels have been replaced by the six-category TEER system. Employment and Social Development Canada explains that changing skill levels to the TEER system will allow for clearer distinctions between categories and more consistent classification, as the occupations and employment requirements under the previous skill level groups were too broad. Under the 2021 National Occupational Classification, there will also be new unit groups created in areas such as data scientists and cybersecurity specialists in order to account for the evolution of the labour market.

The TEERs are numbered 0 to 5 and each one contains different requirements and a varying number of unit groups. TEER 0 is for management occupations. TEER 1 is for those who have completed a university degree or several years of experience in a specific occupation within TEER 2. TEER 2 requires completing post-secondary education at a community college, institute of technology, or CÉGEP in Quebec, or completion of an apprenticeship of two to five years. TEER 2 further includes occupations with supervisory or significant safety responsibilities such as police officers or firefighters. TEER 3 requires Completion of a post-secondary education program of fewer than two years at community college, institute of technology, or CÉGEP; or apprenticeship training of fewer than 2 years; or more than six months of on-the-job training, training courses, or specific work experience with some secondary school education. TEER 4 requires completion of secondary school and TEER 5 has no formal education requirements. Information on what specific jobs are classified within each TEER is publicly available if you are unsure as to what category a certain profession would fall under.

Potential Impact of the National Occupational Classification for Immigrants

The impact of the National Occupational Classification on potential new immigrants who are thinking of immigrating to Canada will vary based on how the immigrants plan on gaining admission into Canada. For some immigrants, such as those who want to come via a family sponsorship the National Occupational Classification changes will have no impact. However, for those who are planning to come under an employment stream such as Express Entry, there could be large ramifications as the allocation of jobs in each TEER category varies from those of the former skill level groups. Therefore, depending on the occupation of the person applying there could be an increased, or decreased chance of being eligible because of the changes.

In the coming months, there will likely be more information released regarding the more specific impacts of the 2021 National Occupational Classification, as it is set to be adopted in the coming year. When further details are released be sure to contact Garson Immigration Law with any questions or if you need help preparing an application. If you think the changes could change your chances of coming to Canada on a work permit, or on a more permanent basis through Express Entry, be sure to give us a call.

Contact Garson Immigration Law in Toronto for Highly Skilled Assistance with a Variety of Canadian Immigration Needs

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout 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 immigrating to Canada or about changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News

IRCC Annual Consultation Provides Information on New Municipal Nominee Program, Immigration Levels Plan

Every year, Immigration, Refugees, and Citizenship Canada conduct an annual consultation on immigration in Canada. The consultation contains important information on potential upcoming changes and programs to immigration in Canada. This year, the consultation consulted with the provinces and the Federation of Canadian Municipalities on the Immigration Levels Planning and the Municipal Nominee Program. Both of these programs provide additional pathways through which potential migrants can migrate to Canada in order to become permanent residents.

Municipal Nominee Program

The Municipal Nominee Program is a new program that is described as a regional economic immigration program for permanent residency by Immigration, Refugees, and Citizenship Canada. The program arose out of a 2019 mandate on Minister of Immigration and Immigration, Refugees and Citizenship Canada. The mandate of the Minister was to introduce a Municipal Nominee Program that will allow local communities, chambers of commerce, and local labour councils to directly sponsor permanent immigrants. As part of the mandate, at least 5,000 spaces would be included as part of the program.

The core objective of the Municipal Nominee Program is to have a wider distribution of immigrants upon entry to Canada away from just the major cities. In order to select which municipalities will be part of the program, there will be criteria set out for community participation. Parameters such as the population size of communities, number of newcomers that communities have traditionally received and priority economic sectors/ labour shortages in occupation could also be used to inform criteria for community participation.

A big part of the rationale for the program is not only to attract immigrants to municipalities that historically experience less immigration but also to try and incentivize the immigrants to stay in that community. There is a worry about retention within the community chosen for the Municipal Nominee Program for those who come to Canada through the program, much like with the Provincial Nominee Programs. The government has identified some factors that are related to retention such as meaningful employment and career development opportunities for the newcomer, as well as for family members; welcoming communities; community infrastructures such as affordable housing, schools, and healthcare services. These factors will likely be considered in the selection of immigrants for the Municipal Nominee Program.

It is still unknown when the Municipal Nominee Program will be launched to welcome prospective immigrants to Canada. However, it is encouraging that the government is focusing on the program by conducting research and laying out some of its expectations for the program. When launched, the program will likely be a pilot program like the Rural and Northern Immigration Pilot, the Atlantic Immigration Pilot, and the Agri-Food Pilot. This means that the program will be given a sort of 5 year trial period during which point Immigration, Refugees and Citizenship Canada can decide whether to make the program permanent. If you think you may want to immigrate to Canada under the Municipal Nominee Program, make sure to stay informed for updates for when the program will be launched, and how to apply to be part of the program.

Immigration Levels Plan

Also included within the consultation was some clarity regarding the Immigration Levels Plan. The Plan is designed to contribute to an immigration system that fosters economic growth, supports diversity, and helps build vibrant, dynamic, and inclusive communities while maintaining border integrity to preserve the safety and security of Canadians.

The 2021-2023 Immigration Levels Plan is the plan from the Canadian Government that details the number of immigrants that the Government plans to accept from 2021 to 2023. There is a total number of permanent residents that Canada expects to welcome each year, with the number increasing each year. The number of permanent residents was not met for 2020 because of the travel restrictions caused by the COVID-19 pandemic, so the levels for the next few years are higher than previously anticipated before the pandemic. For example, the target number for 2021 is 401,000, revised from the pre-pandemic target of 351,000. The number of immigrants is further broken down into immigration categories through which immigrants are accepted to Canada, such as the Provincial Nominee Program, Federal High Skilled, and the pilot programs discussed above. Economic immigrants represent the majority, with approximately 56% of the total permanent residents welcomed. Family class is the next highest at 26% and then refugee and humanitarian classes at 16%.

Should the Municipal Nominee Program be enacted, the number of immigrants accepted within the program would likely fall under the purview of the pilot programs in the Immigration Levels Plan. This means that the program would be operated for up to five years, during which time Immigration, Refugees and Citizenship Canada could decide to make the program permanent by presenting it to parliament for approval.

Contact Garson Immigration for all your Immigration Matters

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 work to adapt to the new immigration situation that has been brought on by the COVID-19 pandemic. If you are thinking of immigrating to Canada and are not sure which immigration pathway would be best for you, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News

What Does the 2021-2022 Departmental Plan Mean for New Immigrants?

Details about the future for immigrants in Canada are starting to emerge as we are now a few weeks removed from the 2021 Canadian Federal election. Following the election, it was unclear what changes the Government would be making in immigration going forward. Now, some of the details are clearer as Immigration, Refugees and Citizenship Canada have released its 2021-2022 Departmental Plan which provides insights into how immigration to Canada is going to be evolving over the next few years.

Visitors, International Students and Temporary Workers

The first core responsibility of Immigration, Refugees, and Citizenship as outlined in the Departmental Plan relates to visitors, international students, and temporary workers. The goal in this area is to facilitate the entry of migrants who wish to come to Canada temporarily while protecting the health, safety, and security of Canadians. 

Facilitation of Entry to Canada 

The Departmental Plan provides some details about how entry will be facilitated amidst the COVID-19 pandemic. Immigration, Refugees and Citizenship Canada plans to continue to evolve in response to the pandemic era restrictions on entry. Since the onset of the pandemic, measures such as exempting certain migrants from biometric testing and providing greater flexibility to foreign workers in Canada in changing employers while they are already in Canada have already been implemented. There are plans for an increase in processing capability for applications to come to Canada and there will be more ways for potential migrants to submit temporary residence applications online. 

Going forward, Immigration, Refugees and Citizenship Canada will continue to modernize its offerings. One example of this modernization develop a new version of MyAccount in order to streamline the process by which applications to come to Canada are considered. It is important to note that for the time being, applications from people who are exempt from travel restrictions will be prioritized.

Facilitating Entry for Students 

The Departmental Plan details how the COVID-19 restrictions have had a large impact on attracting international students to Canada. Given the significant impact that international students have on the Canadian economy, Immigration, Refugees and Citizenship Canada made sure to implement measures to facilitate their entry. Some of the measures included the extension of deadlines for biometric enrollment, more flexibility in providing documents required to finalize study permit applications, more flexibility regarding on-campus and off-campus work, and permission to travel to Canada for students attending a designated learning institution with a COVID-19 readiness plan. In the future, International Students can look forward to an improvement in the digital services provided by Immigration, Refugees and Citizenship Canada through the launch of a dynamic e-application for all student programs.

There are further details in the Departmental Plan for some changes to the Post Graduate Work Permit program. The program allows international students to work in Canada after graduation for a period of up to three years. Changes were made in response to COVID-19 restrictions to allow students more flexibility in remaining eligible for the program if they were studying online. Going forward, opportunities to improve the program will continue to be supported by Immigration, Refugees and Citizenship Canada, although there was no commitment to extend the COVID-19 era changes to the 2021-2022 year. 

Immigrant and Refugee Selection and Integration

The second core responsibility relates to Immigration, Refugees and Citizenship Canada facilitating the admission, economic and social integration of immigrants and refugees who intend to stay in Canada permanently.

Multi-Year Immigration Levels Plan

During the COVID-19 pandemic, immigration to Canada fell drastically. Earlier this year, the 2021-2023 multi-year levels plan was released and it set out a plan to help remedy the lower number of immigrants who came to Canada since the pandemic started by allowing more permanent residents to come to Canada from 2021 through 2023. In the Departmental Plan, the number of permanent residents Canada plans to welcome ranges over the coming years but is set to increase incrementally each year until 2023, with a maximum of 430,000 permanent residents being welcomed at the highest level of projection. 

Despite the drop in immigration to Canada, Immigration, Refugees and Citizenship Canada has reported increased processing time for permanent resident applications because of the pandemic. In order to address this and meet the targets from the multi-year levels plan, Immigration, Refugees and Citizenship Canada will process-critical applications for residency remotely, enhance its digital services by introducing virtual landings for in-Canada applications and provide extra flexibility for submitting required documents and biometric information.

Economic Class and Family Reunification

Almost 60% of the planned new admissions of permanent residents under the multi-year levels plan will come from economic categories. This includes permanent residents who want to come to Canada under the federal high skilled category through Express Entry, Canada’s online application management system, and the Provincial Nominee Program. Going forward there will be improvements made in the electronic application system, monitoring of the Competitive Ranking System, and establishment of a more systematic approach to managing integrity based on an evaluation of Express Entry published in 2020. 

For 2021, there will be a total of 76,000 to 105,000 Family Class admissions into Canada. More applications will be processed in 2021 as well, which will lead to more admissions in future years. Further, in response to the economic impacts of the pandemic, a temporary public policy was introduced to reduce the income requirement for Family Class admissions, which makes it easier for more people to meet the requirements to bring their family members to Canada. This policy will continue in 2021. There are also plans to intake spousal sponsorships digitally, which will allow for the more than 70,000 spousal sponsorship applications received to be processed.

Overall Positive Changes for Immigrants 

Through the Departmental Plan, Immigration, Refugees and Citizenship Canada have indicated throughout that it will be making many application processes easier and more accessible for migrants who wish to come to Canada. In accordance with the immigration level plan, Canada is set to welcome many immigrants over the next few years. If you are thinking of Immigrating to Canada there are more options available now than there have been in the past, so make sure you choose the option that is right for you.

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 work to best help clients with their immigration needs. If you have any questions about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration News

What Does the Federal Election Mean for Immigration in Canada?

The 2021 Canadian Federal election took place on September 20 and all major media outlets have called the election for the Liberal Party, meaning Justin Trudeau will remain Prime Minister of Canada. The Liberal Party continues to hold a minority government, with the election resulting in a largely similar outcome to the one held in 2019. Given a resumption of the status quo, it is unlikely there will be major changes to Canadian immigration policy during the current term. However, the Liberal platform published in the lead-up to the election does include some immigration objectives indicating it is possible that there will be some changes in the coming years. Below, we’ll review some of the key points in the Liberal’s most recent platform addressing immigration.

Eliminating the Citizenship Application Fee

For example, part of the Liberal platform calls for the elimination of citizenship application fees for permanent residents by 2022-2023. Eliminating the application fee has been part of the Liberal Party platform since the 2019 election. Currently, the fee is $630 for an adult (18 and over) and $100 for minors. Eliminating the fee would take some of the burden out of the immigration process for potential new citizens who are already permanent residents.

Supporting Francophone Immigration Beyond Quebec

Another part of the 2021 Liberal platform is a promise to “[c]ounter the lost demographic weight of francophones in Canada through an ambitious national strategy to support Francophone immigration outside of Quebec”. There are not really any specifics within the platform for how this goal is meant to be achieved, but it is possible that the federal government will try to create some new French-speaking immigration streams for future migrants in order to fulfill their promise. Within Quebec, the current administration promised to continue to support the French-language knowledge of immigrants who come to Quebec.

Reducing Immigration Delays

There were also promises to make changes in the immigration system in response to delays caused by the COVID-19 pandemic. Processing times for applications have slowed down in response to the pandemic and the Liberal platform says that they will reduce these processing times to under 12 months. The platform does not directly say how this will be accomplished, but by increasing the number of people processing and deciding on applications, this goal could be achieved.

Reuniting Families More Quickly

Additionally, there has been discussion of implementing a program to issue temporary visas to spouses and children abroad while they wait for the processing of their permanent residency application so that families can be reunited sooner. Related to this, the Party would also like to introduce electronic applications for family reunification, which should help streamline that process.

Improving Access for Refugees & Skilled Labour

There was some mention of refugees within the Liberal platform as well, as the Liberal Party promised to work with employers across Canada to welcome 2,000 skilled refugees to fill labour shortages in sectors such as health care. Following the withdrawal from Afghanistan earlier this year, the Canadian government announced a plan to allow 20,000 Afghan refugees into Canada. Now, there is talk of increasing that number from 20,000 to 40,000.

Related to the promise to welcome skilled refugees into Canada, the Liberal platform proposed establishing a Trusted Employer system to streamline the application process for Canadian companies hiring temporary foreign workers to fill these labour shortages. Further, the platform promised to improve the Global Talent Stream by simplifying permit renewals, upholding the two-week processing standard, and establishing an employer hotline to allow companies to attract and hire workers. Finally, there was a promise to reform economic immigration programs to expand pathways to permanent residence for temporary foreign workers and foreign international students through the Express Entry points system.

Overall, although the Liberal electoral victory represents a return to the status quo, the changes proposed in their most recent platform mean that immigration policy in Canada may see some change in the coming years. If the various parties can work together effectively in the House of Commons, we may see some of these suggested policy changes implemented in the coming months and years.

Contact Garson Immigration Law in Toronto

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 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
Canadian Immigration News

Canada Welcomes Refugees Displaced by Regime Change in Afghanistan

Following the withdrawal of United States forces from Afghanistan earlier in August, the Afghan government fell last week, despite predictions that the regime would hold on for at least another month. The speed of the Taliban advance surprised the world and culminated in the flight of the Afghan government and the capture of Kabul on August 15. As the world was caught unaware, the situation in Kabul has become desperate as nations including Canada and the United States scramble to evacuate personnel. Scenes from the Kabul airport show hundreds of people packed into military cargo planes, and hundreds more attempting to secure a flight out of the country. Flights have been arriving in Canada from Afghanistan, and will continue to arrive as Canada plans to fly regular flights into Afghanistan in order to evacuate more people.

As the collapse of the Afghan government was predicted around the world, albeit at a slower pace, Canada had already started to bring refugees into Canada, with the first refugees arriving on August 5. As of August 5, it was thought that there would be much more time to safely evacuate more refugees. In spite of the rapidly changing situation, the Canadian government has already released a plan in order to help the Afghan people who have been impacted by the conflict.

Canada Expands Afghan Resettlement Program

As of August 13, Canada has expanded its resettlement program in order to bring more Afghans to safety. The Canadian government announced that Canada will resettle 20,000 vulnerable Afghans threatened by the Taliban who have been forced to flee Afghanistan. The government has stated that Canada will continue to implement special immigration programs for Afghans who contributed to Canada’s efforts in Afghanistan. Also, there will be a new program introduced that will focus on particularly vulnerable groups that are already welcomed in Canada through existing resettlement programs, including women, human rights defenders, journalists, persecuted religious minorities, LGBTQIA+ individuals, and family members of previously resettled interpreters.

Speaking on the situation, Minister of Immigration Marco Mendicino said:

“Offering refuge to the world’s most vulnerable speaks to who we are as Canadians, particularly in times of crisis. As more Afghan refugees continue to seek shelter in Canada, we’re redoubling our efforts to help 20,000 Afghans refugees—who remain vulnerable wherever they go—find safety here. The situation in Afghanistan is heartbreaking, and Canada will not stand idly by.”

In order to apply for the special programs for Afghan nationals, those eligible can visit the Canadian government website, as the Canadian embassy in Afghanistan has suspended operations. Unlike some other programs, applicants do not need to be present in Afghanistan or return to Afghanistan in order to apply. Unlike other refugee programs, there is a special program for those who assisted the government of Canada in Afghanistan.

In order to be eligible under this program, you need to be an Afghan national whose employment involved a significant and/or enduring relationship with the government of Canada. Examples of who may be eligible under this program are interpreters who worked with the Canadian armed forces, staff who worked at the Embassy of Canada to Afghanistan and others. Further, applicants had to have been in Afghanistan on or after July 22, 2021, and would otherwise be inadmissible to Canada.

If you did not assist the government of Canada in Afghanistan, you can still apply under the Humanitarian program for Afghan nationals in need of resettlement. This program will be available to Afghan nationals who are outside of Afghanistan and do not have a durable solution in a third country. This group will further include people such as women leaders, human rights advocates, journalists, and people who assisted Canadian journalists, persecuted religious minorities, LGBTQIA+ individuals and immediate family members of someone who fits into one of the aforementioned categories. There is additional eligibility for extended family members of people who helped the Government of Canada who have already been resettled to Canada. This includes family members still in Afghanistan.

Government-Assisted Refugees and Privately Sponsored Refugees

In order to be resettled within Canada, refugees can be government-assisted or privately sponsored. Government-assisted refugees must be referred to Canada by the United Nations Refugee Agency or another designated referral agency. You cannot apply directly. The privately sponsored refugees program lets groups sponsor eligible refugees who are part of an eligible group. Sponsor groups support a refugee for the sponsorship period, which is usually up to one year and includes support for the refugee in the form of start-up costs, such as furniture and housing, monthly support for housing, food and transportation, and social and emotional support.

If you are in Afghanistan or are an Afghan national in a different country, there are options available to you in order to come to Canada. If you want to come to Canada, make sure to investigate which option would be best for you and your family.

Contact us

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 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
Canadian Immigration News COVID-19 Immigration & Travel Issues

The Potential Impact of a Canada Border Services Agency Strike on Travel

Last week, Canada announced that fully vaccinated American citizens and permanent residents would be able to travel to Canada for non-essential reasons beginning on August 9. The two-week quarantine requirement will not apply to these travellers, which means that Canada should be open for tourism again with the lifting of the travel restrictions that have been in place since the onset of the COVID-19 pandemic in March 2021.

Strike Could Impact Land Borders and Airports

However, another potential issue that could threaten border crossings is looming. On July 27, two unions representing the Canada Border Services Agency (“CBSA”) announced that the majority of their members voted to give them a strike mandate. This means that the CBSA could strike as soon as August 6, a few days before the border is set to reopen to American tourist travel.

If the CBSA workers do indeed strike, the border will remain open for travel, as many of the workers are deemed essential. However, potential consequences could include a slowdown of commercial traffic at the border and ports of entry, mail delays and problems collecting duties and taxes on goods entering Canada. The strike would not only include CBSA officers at the land border but also those at airports as well, so if the strike happens, all travel into Canada will likely take considerably more time.

The unions are fighting for salary parity with other law enforcement officers, better protections against harassment and discrimination, and a remote work policy for non-uniformed members. While the news of a potential CBSA strike was just announced, apparently there have been tensions for some months between the agency and the federal government. The union president has indicated that there were discussions with the federal government about some of the Agency’s demands at least two months ago, but no agreement has been made to date. CBSA officers have been working without contracts since 2018.

As of now, the government and the CBSA have a week to come to an agreement in order to prevent a strike. If a strike happens, expect longer than usual waits at the border as well as possible delays in the shipping of international goods. As always make sure to stay up to date with the most recent news if you are planning to travel, as the situation is evolving from week to week.

Canada-United States Land Border: No Plan Yet for United States to Allow Non-Essential Travel

As we wrote last week, the United States had not yet announced a plan for opening its land border with Canada, despite Canada unveiling its plan to open its land border with the United States next week. Currently, Canadians can fly into the United States, but crossing at the land border remains restricted to essential travel only.

There is currently no plan for opening the border and the American government has not given any indication as to if the border restrictions that are set to expire August 21, 2021 will be extended into September. There are signs that the border situation is being discussed within the government, no official announcements have been made. Given Canada’s vaccination rate, the Canadian border opening to Americans, and internal pressure from Americans to reopen the border it seems likely the land border will open in late August. One consideration that may prevent reopening is an American wish to coordinate the border policy at both their north and south borders, and there is some reluctance to open the border with Mexico, which may, in turn, end up delaying the opening of the Canadian border.

Contact Garson Immigration Law in Toronto

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 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
Canadian Immigration News Study Permits

More Countries Added to the Student Direct Stream

Last week, Immigration, Refugees and Citizenship Canada (“IRCC”) updated the Student Direct Stream (“SDS”) by adding seven new countries to the list of countries that are included as part of the stream. The new countries added to the stream are as follows:

  • Antigua and Barbuda
  • Brazil
  • Colombia
  • Costa Rica
  • Peru
  • Saint Vincent and the Grenadines
  • Trinidad and Tobago

Other countries that were already part of the program include China, India, Morocco, Pakistan, the Philippines, Senegal, and Vietnam. In order to be eligible to apply under this stream, you must be a legal resident of one of the listed countries.

What is the Student Direct Stream?

The SDS is an expedited processing stream for students who hail from the enumerated countries. It offers a way for prospective students to receive a study permit more quickly than they would through the normal study permit application process. The IRCC says that most SDS applications are processed within 20 calendar days of receipt of the application. However, they do concede that some applications may take longer than the 20 day period. If your application does not meet the SDS criteria, it will be reviewed as a regular study permit application.

In order to ensure faster processing, the IRCC recommends that you provide your biometric information as soon as possible and meet all the eligibility requirements for the application. The processing fee for the application is $150. The IRCC also reminds potential applicants that the SDS grants a study permit that is independent of a visa, and a study permit by itself does not permit the holder to enter Canada, as a would-be student may need a visitor visa or electronic travel authorization.

Eligibility for the Student Direct Stream

In order to be eligible for faster processing through the SDS, there are a number of requirements that applicants need to fulfill. You must:

  • be a legal resident of one of the countries listed above
  • have an acceptance letter from an accredited Canadian post-secondary designated learning institution
  • live outside of Canada when you apply
  • have proof you have paid your tuition for your first year of study (see more information below)
  • have a Guaranteed Investment Certificate (GIC) of CAN $10,000 (see more information below)
  • have a Certificat d’acceptation du Québec (CAQ) from the Ministère de l’Immigration, de la Francisation et de l’Intégration (note this is only if you’re planning to study in Quebec)
  • get a medical exam before you apply (if required)
  • get a police certificate before you apply (if required)
  • have your most recent secondary or post-secondary school transcript(s)
  • successfully complete a language test demonstrating either:
    • an International English Language Testing System (IELTS) academic or general training score of 6.0 or higher in each skill (reading, writing, speaking and listening), or
    • a Test d’évaluation de français (TEF) score that is equal to a Canadian Language Benchmark (CLB) score of at least 7 in each skill (reading, writing, speaking and listening)

Depending on where you are applying from, the IRCC may request additional documents to supplement those required above. If additional documents are requested, such as a medical exam or police certificate, your application will take longer to process.

Proof of Tuition Payment

For proof of payment of tuition for the first year of study, the applicant can submit

  • A receipt from the Designated Learning Institution
  • An official letter from the Designated Learning Institution confirming payment of tuition fees
  • A receipt from a bank showing that tuition fees have been paid
  • proof that the tuition fee amount has been transferred into a repository account at the Designated Learning Institution to be applied to the tuition bill at a later date

Guaranteed Investment Certificate Requirement

In order to satisfy the GIC requirement, the bank that gives the GIC must:

  • confirm that you bought a GIC by giving you 1 of the following:
    • a letter of attestation
    • a GIC certificate
    • an Investment Directions Confirmation or
    • an Investment Balance Confirmation
  • hold the GIC in an investment account or a student account that you can’t access until you arrive in Canada
  • make you confirm your identity before they release any funds to you
  • release the funds to you by providing:
    • an initial lump sum once you identify yourself upon arrival in Canada
    • the remainder of the funds in monthly or bi-monthly installments over 10 to 12 months

If you complete all of these requirements, it will expedite the processing of your application. In order to apply under the SDS, you must apply online as there is no paper application. In addition to the $150 application fee, you should be prepared to pay the biometric fee if you are required to provide biometrics as part of your application. If you need to give biometrics, the IRCC will send you a letter detailing how to complete this process.

Overall, the expansion of the Student Direct Stream will make it easier for international students from diverse backgrounds to come to Canada to study. In the future, the stream could be expanded to include even more countries, so if you are not eligible right now, it is possible you will be in the future.

Contact Garson Immigration Law in Toronto for Experienced Legal Representation in Study Permit Applications

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 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.