Category: Canadian Immigration Regulations

Immigration to Canada is projected to increase over the next few years and more permanent residents are being welcomed to Canada than ever before. Millions of permanent residents already reside in Canada, and over 100,000 temporary residents transition to permanent resident status each year.

There are many different pathways to permanent residence, including through a Provincial Nomination Program, Express Entry, and Family Sponsorship. Additionally, individuals can convert their temporary status through study permits or work permits to permanent residence status. 

Permanent resident status is highly desirable for foreign nationals who want to live and work in Canada permanently. Holding permanent residence status affords the holder many rights and privileges, such as eligibility for social benefits, freedom to work or live anywhere in the country, and opens the opportunity to apply for citizenship. However, it is important for individuals to be aware of how to retain such status.

Transition to Canadian Citizenship

Becoming a Canadian citizen will result in someone losing their previously held permanent residence status. In order to apply to become a Canadian citizen, a permanent resident must live in Canada for at least three of the preceding five years, have a sufficient understanding of English or French, and pass a citizenship test relating to knowledge of Canada’s history, government, and laws. 

The transition from permanent residence to citizenship can take approximately one year once someone is eligible to apply for citizenship. Therefore, many people begin the citizenship process as soon as possible. 

However, some people choose to retain their status as a permanent resident, since, if they become a Canadian citizen, they may be required to renounce their citizenship from their birthplace, because not all countries allow dual citizenship. 

Losing Canadian Permanent Residence Status 

In certain situations, permanent residence status can be lost despite the implication in its name that the status is permanent. As such, it is important for those who hold permanent residence status to be educated on the situations that could place the status in jeopardy. 

Residency requirement 

One way that permanent resident status can be lost is through a permanent resident’s failure to comply with the permanent residency obligation. Holders of permanent residence status in Canada are allowed to travel outside of Canada in most cases without jeopardizing their status. However, there is a required amount of time that permanent residents are supposed to stay in Canada in order to maintain their status. Permanent residents must live in Canada for a total of two years (730 days) out of every five year period in order to keep their status These 730 days do not have to be continuous, and the government recommends using a travel journal in order to track time in Canada for the purposes of the requirement.

Exceptions to the residency requirement

There are some exceptions that can apply to the residency requirement, as time abroad can count towards the 730 day requirement in certain circumstances. This exception can apply to individuals who are:

• employed on a full-time basis for a Canadian business or organization in the Canadian federal government, or
• a provincial or territorial government.

In these cases, the individual’s time spent working outside of Canada may count towards their residency requirement. 

Another exception to the residency requirement applies to permanent resident dependent children who travel with a parent who:

• holds Canadian citizenship or permanent resident status,
• works outside of Canada full-time for a Canadian business, or
• work for the federal, provincial or territorial government.

Other ways status can be revoked

Permanent residence status can also be revoked for reasons not related to the residency time requirement. There may be removal orders issued against permanent residents for a variety of reasons, for example, if the permanent resident has misrepresented themselves in their application which is discovered by the Canadian government. 

Removal proceedings can be initiated against a permanent resident in a situation where an individual gained their status after coming to Canada as a refugee. If a permanent resident who was previously a refugee travels back to the country they previously made a refugee claim against, this act can be considered voluntary reavailment. Therefore, the Canadian government may initiate proceedings to vacate the finding that the permanent resident was a refugee and revoke their permanent residence status. 

What happens after permanent residence status is lost?

If permanent residence status is lost before an individual has obtained Canadian citizenship, the permanent resident will subsequently become a temporary Canadian resident for six months. 

Contact Garson Immigration Law for Assistance With Permanent Residency Applications

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. Our immigration lawyers work closely with clients throughout the entirety of the immigration process and provide assistance with completing permanent residency applications. 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 a permanent residency application or your permanent residency status, reach out to us online or by calling us at 416-321-2860. 

It seems like in the new world that has been created by the COVID-19 pandemic the only constant is change, and the constant change is perhaps most aptly demonstrated by Canadian immigration regulations, which have been in a state of flux since March 2020. For those thinking of immigrating or travelling to Canada, it is important to stay updated on the regulations in order to avoid being cut out by a potential change.

Immigration fee increase due for the end of April

Last week, the Government of Canada announced that Immigration, Refugees and Citizenship Canada will be increasing fees for all permanent residence applications. The fee increase will impact economic, permit holder, family, and humanitarian class applications.

The last time that immigration fees were increased was in 2020, when Immigration, Refugees and Citizenship Canada raised immigration rates to account for inflation. When immigration rates were increased in 2020, it was announced that there would be an increase in the fees every two years in order to adjust for inflation.

The overall increase in the amount of fees required for permanent resident applications is generally not significant, with the maximum increase being $50, some fees only being increased by $5, and some fees remaining at the same number they were set at in 2020. The fees for permanent resident travel documents, certification or replacement of immigration documents and permanent resident cards are not due to increase as a result of the changes. The fee increases will become effective on April 30, 2022. Those looking to make an application for Canadian permanent residence may want to try to have their application completed before the end of April in order to take advantage of the lower fees. Still, it is preferable to have a complete application submitted rather than rushing to complete an application to save on the application fees, so those in that situation should wait in order to submit a completed application. After April 30, the fees should be consistent for two years so it will be easy to anticipate the cost of an application until April 30, 2024.

On top of the fees for permanent resident applications increasing, the right of permanent residence fee, a fee that is required to be paid on top of any other fees for an application is increasing as well. The right of permanent residence fee will be increasing from $500 to $515 on April 30 when the other fees increase. The right of permanent residence fee is a fee that must be paid when an application for permanent residence is approved. It can be paid at the time of application and will be refunded if an application is denied or withdrawn. The Canadian Government insists that paying the fee at the time of application will help to avoid delays in the application approval process. Further, there are severe consequences for not paying the fee, as the fee must be paid in order for the applicant to be granted permanent residency. If an applicant cannot afford the fee, the Canadian Government offers loans in order to pay the right of permanent residence fee. One must apply for a loan for the fee in order to be considered. The Canadian Government provides instructions on how the fee can be paid depending on where the applicants want to pay the fee from.

The right of permanent residence fee does not apply to all applicants, as some applicants are exempt. The right of permanent residence fee does not apply to the dependent children of a principal applicant or sponsor, sponsorship applications for adopted children, sponsorship applications for an orphaned brother, sister, niece, nephew or grandchild, and sponsorship applications for protected persons, including applicants eligible on humanitarian and compassionate grounds and convention refugees.

Canadian passport simplified renewal process updated

As borders around the world open up again, the Canadian Government anticipates that more Canadians will be travelling internationally. In order to help accommodate Canadian citizens travelling abroad, the government has simplified the renewal process for passports.

As of March 31, Canadians in Canada and outside of Canada can use the simplified process to renew expired passports as long as the passport was issued in the last 15 years. The simplified process applies to more than just expired passports, as it is also available to Canadians who have had their passport lost, stolen, or damaged. Before March 31, the simplified renewal process was not available for passports that had expired for more than a year or passports that were lost, stolen or damaged.

The simplified renewal process allows applicants to renew without having a guarantor or providing their original documents, like proof of citizenship or photo identification that was needed for the original passport. Now, all that is needed is two photos, two references, a completed passport renewal form and payment of the fees for renewal.

The simplified renewal process will help Canadians with expiring or expired passports receive a new passport in a shorter amount of time. The Canadian Government has said that passport renewal requests are starting to increase as borders around the world reopen and recommends that Canadians apply early for new passports if they are needed.

Need help with an application? Garson Immigration Law in Toronto can help

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

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

The COVID-19 pandemic has had far-reaching impacts on Canadian society since it began in March 2020. Currently, as we are in the recovery stage, many parts of Canada and certain industries, in particular, are facing labour shortages. Despite adding over 337,000 jobs in February 2022, a combination of a low unemployment rate and many companies seeking to fill job vacancies at this time has resulted in a labour shortage. As a result of this trend, the Canadian government has taken steps to update the Temporary Foreign Worker Program in order to make it easier for Canadian employers to fill job vacancies with foreign workers when there are no Canadians available to do those jobs.

Immediate temporary foreign worker changes

Some of the changes to the Temporary Foreign Worker Program were enacted at the same time the changes were announced, on April 4, 2022. The first change is a permanent one, as there will no longer be a limit to the number of low-wage positions that employers in seasonal industries, like fish and seafood processing can fill using the Temporary Foreign Worker Program. There has been a temporary exemption to the seasonal cap applied to those in seasonal industries since 2015, and that exemption will now be permanent. Additionally, the Government has changed the maximum duration someone can be employed in a seasonal position from 180 days to 270 days. These changes should help employers hire more seasonal workers, as the longer duration will make seasonal jobs more attractive to potential employees.

The next change implemented is a change to Labour Market Impact Assessments. Labour Market Impact Assessments are documents that prospective employers must submit to the Canadian Government in order to show that hiring a foreign worker to be employed in Canada will have no negative effect on the Canadian labour market. Prior to the COVID-19 pandemic, Labour Market Impact Assessments were valid for 6 months. During the pandemic, the period of validity was extended to 9 months. Now, as a result of the changes, Labour Market Impact Assessments are valid for 18 months, a doubling of the previous period of validity. These changes will help employers hire foreign workers, as having 18 months of validity will make it more economical for employers to complete a Labour Market Impact Assessment.

The last change that has been implemented is a change to employment under the High Wage and Global Talent Streams. Previously, these streams had a maximum employment duration of two years. This has now been increased to 3 years. The Canadian Government insists that this change will help workers access pathways to qualify for permanent residency, enabling them to contribute to our workforce for the long term.

Changes coming at the end of April

Not all of the announced changes were implemented on April 4, as two of the announced changes are scheduled to be enacted on April 30. The first change that will go into effect on April 30 will impact identified sectors that have labour shortages. For seven sectors with demonstrated labour shortages, such as Accommodation and Food Services, employers will be allowed to hire up to 30% of their workforce through the Temporary Foreign Worker Program for low-wage positions for 1 year.  All other employers will be allowed to hire up to 20% of their workforce through the Temporary Foreign Worker Program for low-wage positions until further notice, an increase from the former 10% cap for many employers. The second change coming on April 30 will impact Labour Market Impact Assessments. The Canadian Government will end the current policy that automatically refuses Labour Market Impact Assessment applications for low-wage occupations in the Accommodation and Food Services and Retail Trade sectors in regions with an unemployment rate of 6% or higher.

Impact of the changes on Canada

Some Canadians may be worried that more jobs are being taken by foreign workers, and there will not be enough jobs available for Canadians. However, these fears are largely misplaced, as the Temporary Foreign Worker Program only accounted for 0.4% of Canada’s workforce in 2020, and the changes being discussed will not increase the proportion of foreign workers by such a significant amount that would deprive Canadians of jobs. Further, the Canadian Government has ensured that it will carefully monitor the implementation of these new policies and continue to review the policies to ensure that they are addressing real labour shortages without displacing Canadian workers.

As part of the implementation of the new policies, Service Canada is implementing a series of measures to increase its processing capacity for Labour Impact Market Assessments, as well as measures to expedite the processing of Labour Impact Market Assessment applications. There will be increased staffing across Canada in order to help meet these expectations. Further, applications can be completed online in order to reduce the total processing time.

Lastly, there is further work underway as part of new proposed regulations that will help prevent the mistreatment or abuse of temporary foreign workers during their stay in Canada. This summer, it is anticipated that more regulatory amendments will be added to the Immigration and Refugee Protection Regulations in order to create better protections for foreign workers coming to Canada.

Coming to Canada? Garson Immigration Law in Toronto can help with your application

The knowledgable team at Garson Immigration Law guides clients through the immigration process, with an eye toward the ever-changing regulations in light of the COVID-19 pandemic. We find solutions to the most challenging immigration issues affecting both individual and corporate clients. If you have any questions on how changes to the temporary foreign worker program will impact employers or employees looking for seasonal employment, do not hesitate to reach out to us online or by calling us at 416-321-2860.

As part of the rapidly changing travel regulations during the COVID-19 pandemic, some Canadian travel regulations changed on January 15 as part of a planned regulation change from November. Now, fewer foreign nationals will be able to enter Canada if they are unvaccinated as some of the previously existing exemptions have been removed. The new regulations may create issues for those who were previously classified as essential and were allowed to cross the border regardless of vaccination status, as now some of those people will be deemed inadmissible unless they fit into a narrow group of exceptions.

January 15 New COVID-19 Regulations are Now in Effect

The previous exemptions included exemptions for foreign nationals who were travelling to reunite with family, international students, professional athletes and their support staff, amateur athletes, individuals with a valid work permit (including most temporary foreign workers), and most essential service providers. Now, foreign nationals trying to enter Canada under these categories will need to be fully vaccinated in order to enter Canada.

There are some limited exceptions to the new regulations that allow certain foreign nationals who are not fully vaccinated to still enter Canada after the January 15 changes. 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 a foreign national falls under one of these grounds and is trying to enter Canada, they should be allowed to enter under the new regulation changes.

CBSA Created Confusion Over Regulation Changes for Truckers

In anticipation of the regulations changing, there were rumblings from the Canadian Government in early January that international truckers would be exempt from the vaccine requirements that were mandated as part of the January 15 regulation changes. Shortly before the implementation of the changes, Canada Border Services Agency indicated that any reports that unvaccinated Canadian truckers would remain exempt from the quarantine rules were incorrect.

Policy Implications of an Exemption for Truck Drivers

There are critics on both sides of the regulations, some arguing that the regulations should apply to truck drivers equally like they do to the rest of Canadians, and some arguing that truckers should continue to be exempt from the quarantine requirements.

Those who want the regulations to apply to truck drivers are worried that unvaccinated travel across the border could lead to an increase in COVID-19 cases while we are in the midst of one of the most severe case level loads since the beginning of the pandemic. There is also some concern about putting economics above public health if an exemption is created for truckers and the perception that Canadians will have regarding the exemption, considering the regulation change, which was made clear back in November.

Proponents of truck drivers receiving an exemption argue that their former status as essential should continue because of the supplies they bring into Canada. Further, there is some worry that a vaccine mandate for truckers would worsen supply chain issues and negatively impact the Canadian economy because of the reduced amount of truck drivers that will be available when the new regulations kick in. It is possible about 10% of Canadian truckers will be prevented from performing cross-border trips because of the new regulations. Some infectious disease specialists have found that a vaccine requirement for truckers would not make a large difference in the overall context of the pandemic.

Despite Pushback, the Regulation Change Applies to Truckers as well

Now, the Canadian Border Services Agency has clarified that not fully vaccinated non-Canadian truckers will be turned away at the border if they are unable to show proof of vaccination or a valid medical contraindication for the COVID-19 vaccines. Further, Canadian truckers will need to meet the requirements for pre-entry, arrival, and day eight testing as well as quarantine requirements if they are not vaccinated upon entry into Canada.

Mandatory Testing Pushback

In December, the Canadian Government announced that there would be mandatory COVID-19 testing for all foreign air travellers coming into Canada aside from those coming from the United States. There has been pushback on this policy from the airlines, as Canada’s largest airlines and Pearson International Airport asked the federal government to drop the rule requiring vaccinated travellers to test upon arrival for COVID-19.

There has been pushback because the COVID-19 Omicron Variant has been pervasive throughout Canada and while a large number of COVID-19 tests are being used at the airports, some provinces have had to restrict the number of tests given to Canadians to those who are at a higher risk of being hospitalized or those who are in a setting where the virus could spread more quickly. Testing on arriving airline passengers yields around a 1% positive rate for COVID-19 as opposed to the 28% rate on domestic tests.

Many experts say the mandatory testing at airports adds little value in preventing the spread of the Omicron variant. Those who wish for the policy to be changed may have their wish come true, and Chief Public Health Officer Dr. Theresa Tam indicated that the testing policy is going to be re-evaluated soon.

Concerned About Being Able to Cross the Border? The Lawyers at Garson Immigration Law in Toronto Can Help

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

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration situation 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 whether you will be able to travel during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.