Category: Canadian Immigration News

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Canadian Immigration News COVID-19 Immigration & Travel Issues

Medical Exams & Expired COPRs: Canadian Immigration Updates

A doctor, representing exemptions from medical exams for certain foreign nationals already in Canada

The Canadian government has announced some changes to expedite the immigration application process for certain foreign nationals who are already in Canada. In addition, there is now a process in place to replace Confirmations of Permanent Residency (COPRs) which may have expired due to delays or closures as a result of COVID-19.

Temporary Suspension of Immigration Medical Examinations for some Foreign Nationals

On June 30, 2021, the government of Canada released a new temporary public policy that will exempt some foreign nationals within Canada from requiring an immigration medical exam. The public policy applies to foreign nationals in Canada who have been deemed to be low-risk by the government and exempts those individuals from having to complete an additional immigration medical exam as part of an application for permanent residence. The temporary public policy will continue until December 28, 2021. The policy applies to foreign nationals within Canada who:

  • Have submitted a new application for permanent residence or for a permanent resident visa or have a pending application for permanent residence and have not yet completed a new immigration medical exam;
  • Have completed an immigration medical exam within the last 5 years and were found to pose no risk to public health or safety, or complied with a requirement to report to public health authorities for monitoring; and
  • Have not left Canada for more than 6 months in the last year to live in a country that has a higher incidence of a serious communicable disease than Canada, as outlined in the list of countries requiring an immigration medical exam.

The list of countries that require an immigration medical exam can be found here. If you are a family member of a foreign national this temporary public policy may also apply to you based on the above criteria. The government says that this new policy will help to streamline the application process by providing faster application timelines and allowing foreign nationals to receive permanent residence more quickly. 

Permanent Residence Approved Individuals Allowed to Travel to Canada

As of June 21, 2021, any foreign national who holds a valid Confirmation of Permanent Residence (“COPR”) may travel to Canada. This is a change from the previous pandemic era rules that made it so that foreign nationals who held a valid COPR issued after March 18, 2020, could only come to Canada if they met another exemption or were coming from the United States to settle permanently in Canada. However, foreign nationals who held a valid COPR issued before March 18, 2020, were exempt from Canada’s pandemic travel restrictions. Now, anyone who is issued a COPR may travel to Canada as a result of the policy change.

The COPR is tied to an applicant’s passport and their immigration medical examination if an examination is required. If your COPR has expired as a result of not being able to travel to Canada and you are exempt from travel restrictions, Immigration, Refugees and Citizenship Canada (“IRCC”) has indicated that they will work with you in order to reissue a new COPR. If you are an applicant with an expired COPR issued before March 18, 2020, there will be more information coming soon as to how and when you will be able to obtain a new COPR.

The IRCC has indicated that those with expired COPRs should not book flights or attempt to travel to Canada until they receive a new COPR. If you do attempt to enter Canada with an expired COPR, it is not likely you will be granted entry.

Contact Garson Immigration Law in Toronto for the Latest Canadian Immigration 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. 

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.

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Canadian Immigration News Sponsorship

Immigrating to Canada? Be Sure to Consider All Your Options

With Canada beginning to look ahead to relaxing the rules on crossing into the country, it’s expected that immigration will increase as well. With that in mind, we have put together a brief overview of various pathways to immigration to Canada below. Each method has its own regulations and rules, and so consulting with a skilled immigration lawyer is encouraged, but below you’ll find some of the most common methods for immigrating to Canada on a permanent basis.

Express Entry

The Express Entry program is the primary way that Immigration, Refugees and Citizenship Canada accepts skilled worker applications. The Express Entry program is a competitive, invitation-based program that has draws that invite applicants to apply for permanent residence approximately every two weeks.  There are three specific express entry pathways to choose from:

Federal Skilled Worker Program

If you want to come to Canada as a skilled worker, you can apply for express entry under the Federal Skilled Worker Program. Applicants applying under the Federal Skilled Worker Program do not require prior Canadian work experience. Rather, there is a points system on which applicants are graded based on six selection factors including age, education, language, skilled work experience, existing job offers and adaptability. In order to qualify under this program, an applicant must score at least 67 out of 100 points. How the points are allocated and considered by immigration officials are detailed on the Canadian government website so anyone can do a preliminary check to see if they would have a chance to qualify. However, it is important to note that if you are applying for this category as in the Express Entry pool, your application will be ranked using the Comprehensive Ranking System (“CRS”) used to evaluate Express Entry applicants. The CRS includes many of the same selection factors and is used for all Express Entry candidates.

Federal Skilled Trades Program

Another way to come to Canada with Express Entry is under the Federal Skilled Trades Program. In order to be eligible under this program, applicants must work in one of the following trades:

  • Industrial, electrical and construction work;
  • Maintenance and equipment operation;
  • Supervisors and technical jobs in natural resources, agriculture and related production;
  • Processing, manufacturing and utility supervisors or central control operators;
  • Chefs and cooks; and
  • Butchers and bakers.

Canadian Experience Class

The Canadian Experience Class is for skilled workers who have Canadian work experience and want to become permanent residents. The Canadian Experience Class is different from the Federal Skilled Worker Program in that applicants MUST have some Canadian work experience in order to apply. Applicants must have worked for at least one year in the last three years preceding their application in order to apply. Applicants must meet certain language communications levels, and their skills must qualify them for managerial or professional roles, or a skilled trade. Notably, there is no education requirement under this class, but education can increase an applicant’s competitiveness once they are in the applicant pool.

Provincial Nomination Programs

Another potential way to immigrate to Canada is through the Provincial Nomination Program. In Canada, the provinces control some of their own immigration through the Provincial Nomination Programs. If you are looking to move to a specific province, you can apply through Express Entry by contacting the province with your application, or by indicating on an Express Entry application that you are interested in immigrating to a specific province. All of the provinces and territories except for Quebec and Nunavut participate in the program. Each province is allowed to set out various streams under which applicants can apply for residency.

Family Sponsorships

Another way to come to Canada is through family sponsorships. If you establish that you can support a spouse or child financially, you can sponsor them to come to Canada. Additionally, it is important to demonstrate that no sponsored family member will require social assistance once they are in Canada.

You can sponsor a sibling, niece, nephew, or grandchild if they meet the following criteria:

  • They are related to you by blood or adoption;
  • Both their biological parents are no longer alive;
  • They are under 18 years of age; and
  • They are single

You can also sponsor one relative of any age, related by blood or adoption, so long as you have no living relative closer than the person you want to sponsor, who you could sponsor instead, and you do not have any relatives who are Canadian citizens or permanent residents.

Contact Garson Immigration Law for Experienced Representation in Immigrating to Canada

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.

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Canadian Immigration News

Canada to Relax Policies Around Medical Inadmissibility

Under the Immigration and Refugee Protection Act (the “Act”), foreign nationals seeking to enter Canada either temporarily or permanently may be found medically inadmissible if they have a health condition that “might reasonably be expected to cause excessive demand on health or social services.”

This policy means that immigrants with certain mental health or physical health conditions could be excluded from Canada based on the increased demand they would place on federal and provincial services. However, there have been concerns that the existing regulations unfairly screened people out who would be able to make an economic and social contribution to the country. In response, the federal government is now set to relax these regulations, as described below.

What Constitutes “Excessive Demand”?

Excessive demand under the Act is a calculation that is linked to the average health and social services costs per capita. The cost threshold is updated yearly as a result of the year-over-year changes to the costs of individual services. In 2020, the cost threshold was set at $21,204.

The aim of having a cost threshold for migrants is to reduce the impact associated with migration on the health and social services programs within Canada. The implication of the cost threshold is that it can potentially prevent immigrants with serious mental or physical health problems from coming to Canada that could place undue strain on the system.

The cost threshold has been the subject of debate in the past few years, as a parliamentary immigration committee found in 2017 that the rule should be repealed because it was not in line with Canadian values of inclusion. This study may have prompted the Canadian Government to make temporary changes to the threshold in 2018 when the threshold number was effectively tripled, and certain policy changes were made while working with the provinces and territories. The policy changes allowed for 62 applicants who previously would have been denied entry to Canada to come to Canada and make economic contributions.

Proposed Changes to the Immigration and Refugee Protection Act Concerning Medical Inadmissibility

Now in 2021, the proposed changes in the Act will make it easier for immigrants to come to Canada. The first change will make the cost threshold for foreign nationals seeking to come to Canada three times the Canadian average cost per person, a significant increase over the $21,204 figure from 2020. The new regulation should strike a more appropriate balance between protecting health services and promoting inclusion.

Another change will be redefining what “health and social services” mean under the Act in order to provide more clarity. Significantly, this change removes the reference to certain social services, such as special education, from the definition. This means that if someone is trying to immigrate to Canada and their child will require special education, that special education should not be considered as part of the new cost threshold calculation.

Lastly, there will be increased clarity as to who the officers are that are responsible for reviewing medical and non-medical information submitted by immigration applicants.

If you are planning to come to Canada and have submitted the requisite documents for a medical assessment, the IRCC is supposed to give you an answer as to your eligibility within 90 business days of receiving all the required documents.  Overall, these changes should make it easier for immigrants to come to Canada.

Contact Garson Immigration Law Regarding Medical Inadmissibility to Canada

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. 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 medical inadmissibility or how the changing regulations might affect 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 COVID-19 Immigration & Travel Issues

IRCC to Grant Permanent Residence to 90,000 Essential Workers & Graduates

On April 14, 2021, Marco Mendicino, the Minister of Immigration, Refugees and Citizenship, announced three new temporary streams for permanent residence for essential workers and international graduates who are already in Canada and contributing to the economy.

Two of the new streams apply to existing temporary workers in the health care sector and in other essential industries, and the third targets recent graduates from eligible Canadian post-secondary institutions. The policy will come into effect on May 6, 2021, and will end on November 5, 2021, or once the intake caps have been met.

The Temporary Policy Aims to Address Demographic Challenges

With the senior population increasing each year and birth rates down overall, it is expected that there will be only 2 working-age people for every senior in Canada by 2035. This is down from nearly 7 working-age residents per senior in the early 1970’s. If the trend continues, the financial burden to pay for public services such as health care and pension income may become too great to bear for future generations.

Further, the COVID-19 pandemic has caused a significant decrease in the number of immigrants Canada was able to welcome in 2020. Last year, Canada saw just 185,130 immigrants; over 45% fewer people than in the previous year. To remedy this, the federal government has set a goal of welcoming 401,000 permanent residents in 2021, and these new streams will be a significant contributor to reaching that goal.

Further, the pandemic and the strain on various industries across the country over the past year has clearly demonstrated the importance of temporary workers in essential fields such as health care, retail, construction and manufacturing. In recognition of this, the Minister said:

The pandemic has shone a bright light on the incredible contributions of newcomers. These new policies will help those with a temporary status to plan their future in Canada, play a key role in our economic recovery and help us build back better. Our message to them is simple: your status may be temporary, but your contributions are lasting—and we want you to stay.

Who Can Qualify for Permanent Residence Under Each of the New Streams?

Applicants will be eligible under three new streams, and must meet certain minimum criteria, including:

  • Applicants must be employed in Canada at the time of application.
  • Applicants must meet the minimum proficiency requirement in one of Canada’s official languages.
  • Applicants must reside in Canada and possess valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time of application and when it is approved
  • Applicants must intend to reside in a province or territory other than Quebec.
  • Applicants must not be inadmissible for any reason under the Immigration and Refugee Protection Act (the “Act”) or the Immigration and Refugee Protection Regulations (the “Regulations”).

Specific criteria for each of the three streams is as follows (full eligibility details can be viewed by clicking on each of the streams below):

1. Temporary Health Care Workers

  • Intake cap of 20,000
  • Applicants must have the equivalent of at least one year of full-time experience, in Canada, in one of the specified health care occupations.

2. Temporary Workers in Other Essential Occupations

  • Intake cap of 30,000
  • Applicants must have the equivalent of at least one year of full-time experience, in Canada, in one of the designated essential occupations, which include retail, transportation, various trades, agriculture, and repair services.

3. Recent International Graduates from a Canadian Institution

  • Intake cap of 40,000
  • Applicants must have completed a program of study at a Canadian “Designated Learning Institution” no earlier than January 2017.
  • Applicants must have been granted one of the eligible credentials as part of the completion of their program of study, such as a degree, diploma or certificate.
  • Applicants must have had the necessary authorization to complete their studies in Canada.

Three Additional Streams Created for French-Speaking or Bilingual Candidates

The IRCC has also created three additional streams for candidates who speak French or are bilingual, in order to contribute to Francophone minority communities in Canada. These streams and the eligibility criteria are similar to those set out above for essential workers and recent graduates, although there are no intake caps.

Eligibility for Family Members of Principal Applicants

Family members of principal applicants under each of the new streams, whether the family is in Canada or abroad, may also be eligible for permanent residence status if they meet the following criteria:

  • The family member must meet the definition of “family member” in subsection 1(3) of the Regulations.
  • The family member must not be inadmissible under the Act or the Regulations.
  • The principal applicant must have been found eligible for permanent residence under the new policy.
  • The principal applicant must have included the family member as an “accompanying family member” in their application for permanent residence.

Contact Garson Immigration Law for Assistance with Permanent Residence Applications Under the New Public Policy

If you are having trouble navigating the various options and requirements, Garson Immigration Law has the experience and knowledge necessary to help guide you through the process of immigrating to Canada.

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We will review your eligibility under the new streams for permanent residence 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 your options for immigration under changing public policy, 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

Updates for Refugees Migrating to Canada

The pandemic has impacted all international travel, including those arriving in Canada as Refugees. Below, we will provide an update on the factors affecting those arriving Canada during the pandemic. In addition, the Minister of Immigration has announced a family reunification policy for those fleeing mistreatment by Daesh, otherwise knows as ISIS, discussed in more detail below.

COVID-Related Considerations for Refugees Arriving in Canada

The COVID-19 pandemic has impacted all travel in and out of and within Canada. It has also impacted travel for all groups of would-be travellers, including Refugees. The Canadian federal government has warned that the ability to resettle Refugees has been restricted due to COVID-19 prevention measures in Canada and around the world.

Currently, Refugees are required to attend a Canadian Orientation Abroad session with the International Organization for Migration (“IOM”) before they depart for Canada. The purpose of the session is to provide Refugees with information to monitor and prevent the spread of COVID-19 before, during and after arrival. During the session, Refugees are told about the 14-day quarantine requirement upon arrival in Canada and are given information about the support they can receive from the Resettlement Assistance Program.

Further, Refugees are to undergo a fitness-to-fly check for COVID-19 signs and symptoms with an IOM nurse or doctor. Additionally, they are expected to comply with all of the other regulations for travellers coming into Canada. This includes the mandatory hotel stay for those arriving in Canada by air. However, the accommodation and transportation will be arranged by a government-funded resettlement service provider.

The pre-flight regulations may be difficult for Refugees to adhere to as people fleeing from persecution may not have the time or resources to follow these regulations, such as obtaining a negative COVID test within 72 hours of boarding their flight.

For Refugees entering Canada, keep in mind that at this time if you are entering Canada from the United States, you will be temporarily required to remain in the United States. This regulation applies to entrance through official ports of entry by land, air and sea. Further, as of right now, according to the Canadian Government website the Safe Third Country Agreement remains in effect. This means that Refugee claimants are required to request protection in the first safe country they arrive in unless they qualify for an exception to the Agreement. The Agreement is currently being challenged in the court system, so keep an eye out for updates.

Announcement by the Government of Canada on victims of Daesh

For a few years now the Government of Canada has been accepting Refugees and other survivors of Daesh (commonly known as ISIS) from the Middle East into Canada. Survivors of ISIS include Iraqis and Yazidis (a minority group within Iraq) who have been the victims of threats or acts that include sexual slavery, enslavement, torture, inhumane or degrading treatment, family separation, forced displacement, or forcible transfer causing serious bodily or mental harm.

Since 2017, over 1,400 Refugees fleeing the terrorist organization have settled in Canada to start a new life. Last week, Minister of Immigration Marco Mendicino announced a new policy to help more Yazidis and other survivors of Daesh reunite with their families in Canada. Speaking about the new policy, the Minister said:

“Having survived abuse, torture and even genocide at the hands of Daesh, the Yazidis and other groups are among the most vulnerable refugees in the world. That’s why Canada resettled over 1,400 survivors of Daesh. Guided by compassion, we are now redoubling our efforts to reunite their families. Our new policy will ensure that more Yazidis and other survivors can be reunited with loved ones so that they can start new lives in Canada.”

The new policy should help reunited extended family members, including siblings, grandparents, aunts, and uncles, along with those who may have been previously unable to apply for resettlement. This new policy represents a reversal in policy, as the Canadian Government had previously ended the policy to help family members come to Canada in 2020. The Refugees may be privately sponsored or referred to Canada for resettlement by the United Nations Refugee Agency. The majority of the people under this program have been settled in Toronto, London, Winnipeg, and Calgary.

Contact us

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are experts in successfully guiding clients through the immigration process. 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.

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Canadian Immigration News

Ontario is Open for Business: Coming changes to the Provincial Nominee Program

The Ontario Immigrant Nominee Program (OINP) is part of Canada’s Provincial Nominee Program that allows potential immigrants who want to come to Canada in order to contribute to the economy of Ontario to apply to immigrate to Ontario. In 2020,  the program brought a total of 15,303 new immigrants to Ontario. The program works in partnership with the Government of Canada through Immigration, Refugees and Citizenship Canada (IRCC). Just last week, the provincial government announced upcoming changes intended to help the program better respond to market needs, which we’ll discuss below.

The Basics of Ontario’s Immigrant Nominee Program

There are three ways you can qualify for a nomination under the OINP:

1. Employer Job Offer Category

This category is for workers who already have a permanent job offer from an Ontario employer. There are three streams in the employer job offer category. In order to qualify you must a full-time and permanent job offer from an Ontario employer. The streams under this category are:

2. Human Capital Category

This category is for workers who have valuable work experience, education, language skills, and a profile in Canada’s Express Entry system; or for graduate students. There are two sub-categories in this category, which are the International Graduates category and the Ontario Express Entry category.

International Graduates

To qualify under the Masters Graduate or PhD Graduate streams, you must have a graduate degree from an eligible Ontario university and apply within two years of getting your degree.

Ontario Express Entry

To qualify under Ontario’s Express Entry streams, you must have received a notification of interest from Ontario and have an up-to-date profile with your most current work experience, language tests and education in the federal government’s Express Entry system. There are three different streams under this sub-category. The streams are for French Speaking workers, Human Capital Priorities and skilled trades.

3. Business Category

This category is for entrepreneurs looking to start a new or buy an existing business in Ontario. This category has one stream. You must an entrepreneur from outside of Canada who is looking to implement a new business idea or buy and grow an existing business in Ontario.

Application process

There are three steps to the application process. Firstly, you have to make sure you qualify with the mandatory requirements for that stream. Next, you have to apply to be nominated by the Ontario government, through the OINP e-Filing Portal. The process of completing the application takes roughly 2-3 hours and costs range from $1,500-3,500 depending on which stream you are applying under. The final step, if your application is successful, is applying to the Government of Canada for Permanent Residence status, as the Government of Canada has the final say on who is ultimately accepted to become a permanent resident of Canada.

Province Introducing Expression of Interest System

On March 15, some changes to the program were announced, as regulatory amendments were made in order to introduce an Expression of Interest (EOI) system for the OINP program.

Ontario expects implementing the EOI system will bring some benefits, such as helping to manage strategic intake, increasing the OINP’s labour market responsiveness and helping to better respond to regional labour market meets.

OINP applicants are divided into different streams, and the EOI system will apply to three of these streams. The streams that EOI applies to are:

Although these streams have been closed to new applicants, and remain so, the Ontario government has indicated that they will be open for new applicants in the “coming weeks”.

The EOI system is a points based registration system that will help Ontario select skilled immigrants to meet the province’s labour needs. The system changes the OINP application process for the above streams by making it so applications are not filled on a first-come-first-served basis, as they were before the change. This change bodes well for workers with impressive resumes, as they will become more likely to be selected under the program.

Contact Garson Immigration Law in Toronto

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are experts in successfully guiding clients through the immigration process. 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.

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Canadian Immigration News Work Permits

Canada Offers Priority Processing to Hong Kong Residents

Despite the border being closed to travel, immigration to Canada is still possible, and the government has made efforts to ensure that the borders are indeed open to immigration. One such place that has been a focus of the Canadian government is Hong Kong.

Immigration from Hong Kong

There have been some recent developments in Hong Kong that may impact the people of the Chinese Special Administrative Region’s ability to travel. The Hong Kong government last week proposed new legislation that would give its immigration department “unfettered powers” to stop people from leaving the region. Based on the composition of Hong Kong’s legislature, this amendment is likely to pass, and if it does pass it will go into effect on August 1, 2021. So what does this mean for the people of Hong Kong? Some commentators suggest that dissidents and even civilians who have expressed some dissent could be banned from leaving the territory after August 1.

Luckily for people in Hong Kong who may want to leave, the Canadian government directed Immigration, Refugees and Citizen Canada (IRCC) to provide for special measures for residents of Hong Kong to come to Canada.  Following events in 2020 such as the imposition and implementation of the national security law in Hong Kong, Canada renewed its commitment to the people by creating special regulations.  For Hong Kong residents, time may be running out for you if you intend to leave the Special Administrative Region.

Open Work Permits for Hong Kong Recent Graduates 

One of the special regulations enacted was a temporary public policy that exempts certain Hong Kong residents from work permit requirements. This public policy was enacted in order to attract educated Hong Kong youth to Canada.

In order for a Hong Kong resident to apply for an open work permit, certain conditions must be met. The individual applying must hold a valid passport issued by the Hong Kong Special Administrative Region or by the United Kingdom to a British National Overseas. If a work permit is granted, it will be valid for a period of three years, or until the holder’s passport expires, whichever comes first. Therefore, if you are applying for a work permit, make sure that your passport expires more than three years from the date of approval in order to maximize the time allowed in Canada under the permit.

A second condition is that the applicant must have graduated no more than five years before applying for this open work permit. You also must be able to demonstrate that you have earned a degree such as a bachelor’s, master’s, or doctorate from a designated post-secondary learning institution in Canada or abroad, or alternatively a diploma for a minimum two-year program from a designated post-secondary learning institution in Canada or abroad. For those who received their education outside of Canada and received a degree, you do not need an Educational Credential Assessment (“ECA”) right away, but an immigration officer may request one at a later date. If you were educated outside of Canada and received a diploma, you need an ECA in order to apply for this work permit.

Applying for this work permit is currently done online. In order to apply, you must have a letter of introduction for your open work permit, a valid job offer, and be able to work once you complete your 14-day quarantine in Canada. An open work permit means that the permit is not tied to any specific employer. This means that even the employment used to secure the permit is terminated, the permit holder can seek employment elsewhere in order to remain in Canada.

Priority Processing

Residents of Hong Kong have also received other benefits from the IRCC. Aside from the aforementioned work permit program, priority processing is also being afforded to residents of Hong Kong for a multitude of different documents. The documents included in priority processing are:

Contact Garson Immigration Law in Toronto for Assistance With Immigrating to Canada from Hong Kong

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are experts in successfully guiding clients through the open work permit application process. 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 also 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 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.

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Canadian Immigration News Sponsorship

Options for Immigrating to Canada in 2021

The COVID-19 pandemic has had a massive impact on immigration to Canada over the past year. In 2020, the number of permanent residents admitted to Canada dropped almost 50% when compared with 2019.The travel bans and restrictions that have been instituted as a result of the COVID-19 pandemic have vastly decreased levels of international travel. However, despite this decline, immigration to Canada is still possible in 2021.

The Canadian government’s stated goal for 2021 is to admit 401,000 new residents this year. Regarding this goal, Canada was supposedly well ahead of schedule; by mid-February the government was 40% ahead of the pace needed to meet the 401,000 number. Despite this, some institutions doubt Canada’s ability to reach its new resident goal and instead anticipate the welcoming of around 275,000 new residents. Included in the government goal of accepting 401,000 new residents are the number of immigrants that are to be accepted under the various available admissibility categories. Overall, the plan provides for 232,500 total economic immigrants, 103,500 total family immigrants and 59,500 refugees and other protected persons.

Below, we will provide an overview of some of the various immigration options open to those seeking to relocate to Canada on a permanent or temporary basis.

Permanent Residency

Being a Canadian permanent resident means that you are allowed to live in Canada permanently, and with the permanent resident status, you are entitled to many benefits of living in Canada. These benefits include eligibility for most social benefits available to Canadians, including health care coverage, freedom to live and work anywhere within Canada, the ability to apply for citizenship after the stay requirements are met, and protection under Canadian law. In order to maintain permanent resident status, you must remain in Canada for 730 days during any given 5 year period. Failure to comply with this requirement could lead to the status being revoked.

Family Sponsorships

Over one quarter of the admitted residents that the Canadian government is accounting for fall within the family category. 80,000 of these immigrants are anticipated to be spouses, with the remainder being comprised primarily of parents and grandparents. In order to sponsor a Canadian spouse or a dependent child for residency, you have to be able to establish that you can support them financially upon arrival in Canada. It is extremely important that you show that no sponsored family member will require social assistance once in Canada. You can also sponsor a sibling, nephew, niece or grandchild if they meet certain criteria, including:

  • they are related to you by blood or adoption,
  • both of their biological parents are no longer alive,
  • they are under 18 years of age, and
  • they are single.

Economic Immigration

The majority of the allotted immigrant slots are for economic immigrants, with 108,500 of the immigrants slated to be considered as Federal High Skilled Immigrants. Federal High Skilled Economic immigration represents the majority anticipated immigration in 2021. The Federal High Skilled category includes the Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class.

Federal Skilled Worker Program

The Federal Skilled Worker Program is a form of Express Entry for skilled workers with foreign work experience who want to immigrate to Canada permanently. In order to qualify under the program, the applicant must meet a minimum points threshold based on six selection factors including:

  • Age
  • Education
  • Language
  • Skilled work experience
  • Existing job offers
  • Adaptability

The Applicant must also be able to demonstrate that they have sufficient funds to settle in Canada, or that they have a valid job offer in Canada.

Federal Skilled Trades Program

The Federal Skilled Trades Program is available to applicants that work in specific fields with at least 2 years of full-time work experience within the 5 years prior to submitting an application. Entering Canada under this program is available to people in the following trades:

  • Industrial, electrical and construction work;
  • Maintenance and equipment operation;
  • Supervisors and technical jobs in natural resources, agriculture and related production;
  • Processing, manufacturing and utilities supervisors or central control operators;
  • Chefs and cooks; and
  • Butchers and bakers.

Canadian Experience Class

Applicants applying for Express Entry under the Canadian Experience Class must have worked for at least one year in Canada in the three years preceding their application.  There are language requirements involved and the applicant’s skills must qualify them for managerial or professional roles, or a skilled trade. There are ways to make an application more competitive, such as having more educational achievements. Note that this immigration program does not allow the applicant to settle in Quebec.

Provincial Nominee Program

There are a further 80,000 economic immigrant spots allotted to the Provincial Nominee Program. The Program is for workers who have the skills, education and work experience to contribute to the economy of a specific province or territory, want to live in that province, and want to become permanent residents of Canada.

However, what differentiates this program from the other programs is that it is run through the provinces and territories, rather than the federal government. This means that each province may have different criteria for admittance under the program, and varying allotments of available spots. In order to apply to live in a province or territory under the Provincial Nominee Program, you have to follow the specific instructions set out by the specific province. The criteria involved for the application can vary, but each will require a medical exam and a police check with the application. Quebec and Nunavut do not participate in the program.

Contact Garson Immigration Law in Toronto for Guidance on Canada’s Immigration Options

Even though travel has slowed, it is still possible to immigrate to Canada. If you are having trouble navigating the various options and requirements, Garson Immigration Law has the experience and knowledge necessary to help guide you through the process if you are planning to immigrate to Canada.

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. 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

How is a Conjugal Relationship Defined for Immigration Purposes?

When one hears the phrase, ‘conjugal relationship’, they will generally interpret this to mean a romantic relationship between two people. However, a recent decision of the Federal Court of Canada has expanded the definition of conjugal relationship to apply to a platonic partnership between a gay man and a straight woman who share a child.

What is the ‘Conjugal Partnership’ Category Under the Immigration and Refugee Protection Act?

When a Canadian citizen or permanent resident wishes to sponsor a foreign partner for immigration to Canada, this is commonly done through the spousal or common-law category. However, there are relationships similar to a marriage or common-law partnership that do not fit within that category, and are therefore classified as ‘conjugal relationships’.

The eligibility requirements under the conjugal relationship category were originally set out by the Supreme Court in the 1999 decision, M. v. H. ([1999] 2 SCR 3). In that decision, the court listed a number of factors that can determine a conjugal relationship, including:

  • shared accommodation (such as sleeping arrangments)
  • a history of sexual and personal behaviour, including romantic feelings and a commitment to one another
  • sharing of household chores or other services
  • shared social activities, which they conduct as a couple among their community and families
  • shared financial support, or ownership of property
  • shared children
  • the societal perception of the pair as a couple

Based on this description, the category is generally applied to individuals who view themselves as a romantic pairing, but for one reason or another are not considered to be spouses or common-law partners. In many cases, this may be because the foreign partner may reside in a country where they are not permitted to divorce a former spouse, or because the relationship is not supported by law or social customs (for example, LGBTQ2A+ pairings).

Federal Court Grants Conjugal Status to Non-Romantic Pairing

In the case at hand, the applicant, A.P., had immigrated to Canada several years ago because he feared persecution in his home country for being gay. He was granted protected person status and became a permanent resident in Canada. After he had been living in Canada for some time, he was travelling abroad and met up with A.M., a female friend from university. The two were intimate when they were together, and A.M. became pregnant. The pair made attempts to share parenting from afar and tried unsuccessfully to relocate to the country where they had met.

Throughout all of this, A.P. had not been forthcoming with A.M. about his sexuality, and they were perceived by some friends and family as a romantic couple. Once they decided to move forward with the plan for A.P. to sponsor A.M. for immigration to Canada, A.P. told A.M. he was gay. The pair decided to move ahead with their application.

A.P. said that he loved A.M. and was committed to her and their child, however, their application was rejected by immigration officers, and again on appeal. The Immigration Appeal Division (IAD) said the pair could not meet the “sexual component of conjugal partnership”. The IAD also cited a lack of communication between the couple, saying the lack of candour between A.P. and A.M. was not representative of a typical conjugal relationship.

When the couple brought their case before the Federal Court, the judge found in their favour, saying:

“I find the fact of their different sexual orientations does not foreclose the possibility of AP and AM establishing that they are in a committed relationship of some permanence.”

The case was remitted back to the IAD, where a different panel will assess the matter.

The Federal Court’s finding opens up the possibility that the conjugal relationship category could be applied to more unconventional pairings in the future.

Contact Garson Immigration Law in Toronto for assistance Sponsoring Family Members for Canadian Residency

At Garson Immigration Law, we are dedicated exclusively to the practice of immigration law and we regularly provide assistance to clients looking to sponsor family members for immigration to Canada. We are widely recognized for our expertise in the field and will work to find an effective solution for your individual immigration needs. To discuss your circumstances with one of our experienced immigration lawyers, please contact us online or call us at 416-321-2860.

Categories
Canadian Immigration News COVID-19 Immigration & Travel Issues Work Permits

Webinar: Understanding Continuing Immigration Uncertainty in a Turbulent Time

Last week, our firm’s own David Garson and Jessica Ravenhurst hosted a webinar for clients in order to clear up some of the confusion surrounding the recent changes to immigration policies that Canada has made in light of the ongoing COVID-19 pandemic. If you are looking to travel to Canada and worried about how the travel restrictions and quarantine protocol may impact you, the full webinar is available to view at the link posted below.

Who Can Access Canada and How

In order to come to Canada, you must be considered essential. Since the onset of the pandemic in March, there have been three Orders in Council (“OIC”) that govern Canadian immigration law. These OICs dictate who is allowed into the country, and the conditions that must be followed in order to access Canada:

1. Entry from the United States

  • Foreign nationals prohibited from entry if entry is deemed to be “optional or discretionary”

2. Entry from outside the United States

  • Foreign nationals prohibited from entry, but for specific exemptions

3. Mandatory Isolation

  • All persons entering Canada (including Canadians and permanent residents) must self-isolate for 14 days

When considering these OICs, it is important to note there are some specific exemptions that allow people with certain status, or relation to a Canadian citizen or permanent resident to enter Canada. In June, a rule change by the government allowed for immediate family members to enter without needing to show they are coming to Canada for an essential purpose.

Immediate family members of Canadian citizens can enter Canada, provided they meet the criteria for entry and follow certain precautions:

  • Spouse or common law partner, dependent child, parent or step-parent, guardian, or tutor
    • Common law partner in Canada means living together for at least a year
  • No written authorization required
  • 15 day rule
    • The 15 day rule means that you have to be staying in Canada for at least 15 days if you are coming to visit
  • 14 day quarantine plan upon arrival

Now, it is not just immediate family members who can enter Canada, as there was another exemption for extended family members of Canadian citizens and permanent residents. This exemption requires:

  • Must be in an exclusive dating relationship (minimum of 1 year), a non-dependent child, grandchild, sibling, or grandparent to be eligible
    • “Exclusive dating relationship” means you have spent some time together in person
  • Statutory declaration
    • Canadian citizen or permanent resident has to complete this declaration, have it notarized and swear they have been in this exclusive relationship
    • The declaration must be submitted to immigration to receive authorization to travel to Canada
  • Written authorization required
  • 15-day rule applies
  • Mandatory 14 day quarantine upon arrival

If you have more documentation to prove your relationship, bring it to the border in case the CBSA officer asks. Remember that the CBSA officer has the authority to refuse you, so bring extra documentation to the port in order to increase your chance of being admitted into Canada. It is important to note that people on temporary work permits cannot have their family members come under this rule.

Entry of Specialized Technicians

  • Specialized technicians are part of the “essential service” group exemption for the non-US OIC and Mandatory Isolation OIC
  • The category includes technicians specializing in the maintenance, repair, installation, and inspection of equipment necessary to support critical infrastructure
  • A Travel Authorization Letter no longer required for installers
    • This is a recent rule change, installers no longer need to go through the consulate to receive travel authorization letters
  • For a quarantine exemption, must show immediacy of the work
    • You must be sure that you have sufficient documentation if you want a quarantine exemption
    • CBSA officer has the discretion to decide the quarantine exemption

New Immigration Policies

There have recently been some public policy updates that will benefit people in Canada who are uncertain of their status as a result of COVID-19 related consequences.

In-Canada Applicants

  • Changing employers if on closed work permit
    • Normally would have file a change of conditions permit
    • Now, you will still be required to submit the application but there is a process you can follow to show immigration you qualify for a change of conditions permit
    • Once filed we have noticed two possible scenarios happen:
      1. Work permit is expedited within 10 days
      2. If not approved, you may be granted interim authorization to work while you are waiting for the work permit application to process
  • Applying for a work permit if a visitor
    • You can try to seek interim authorization to work
      • You must be applying for a employer-specific work permit
  • Applying for restoration if out of status
    • There is a mechanism called restoration where within 90 days of falling out of status you can apply to restore your status
    • There has been an extension for some people to apply for restoration until the end of the 2020
    • There is also a similar interim work permit authorization to obtain an employer-specific permit

Another tip: when applying for these new work permits, always apply for the maximum amount of time you can under the program that you are applying under. In our experience, the government will not deny your work permit for asking for the maximum amount of time you can.

Quarantine Exemptions

A 14-day quarantine is required for anyone coming into Canada unless they can prove that they should be exempt from quarantine. In order to prove you should be exempt, you have to prove that your essentiality overrides the need to quarantine. When asking for a quarantine exemption, there are two different avenues in which you can take in order to try and obtain the exemption.

  1. You can make a pre-application to Public Health Canada before you come to Canada to try to obtain approval to avoid quarantine.
  2. The other method involves making your case for exemption at the port of entry, without making a pre-application.

In our experience, visitors to Canada have had more success making the case for exemption at the port of entry when compared with making a pre-application to Public Health Canada.

Alternatively, you may be granted a modified exemption whereby you have to quarantine, except for in specific circumstances such as going to work. If a modified exemption is granted it may be granted in such a way that you are essential in quarantine, but you are allowed to leave quarantine only to travel to and from work.

We recognize that people have questions about the Canadian border situation, and many of the intricacies regarding the current situation were likely addressed by David and Jessica in our webinar. To view the full webinar on the topics addressed above, please click here.

The immigration lawyers at Garson Immigration Law are continuing to monitor the developing situation in relation to COVID-19 and will provide updates as the situation develops. If you have any questions about being able to cross the border 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.