Canada and Hong Kong have long had a robust economic relationship, as many immigrants to Canada come from Hong Kong. Over 200,000 people in Canada indicated in the 2021 Canadian census that they were born in Hong Kong. A few years ago, some new laws were enacted in Hong Kong by the government of China. In response to these new laws, on June 30, 2020, Canada announced a temporary public policy creating two pathways to Canadian permanent residence to facilitate the immigration of particular Hong Kong residents. 

Temporary public policy for Hong Kong residents

The temporary public policy created immigration options by which the people of Hong Kong could immigrate to Canada. The policy was enacted to recognize the contributions made by Hong Kong residents to Canada’s economy and society and to promote democratic values. The policy’s goal is to encourage recent Hong Kong graduates and those with work experience to choose Canada as the country where they want to work, study, and settle. This goal can be achieved by allowing Hong Kong residents to become permanent residents of Canada, along with their family members.

Requirements to qualify for the temporary public policy

For Hong Kong residents to be granted permanent residence status in Canada as part of the temporary public policy, they must meet certain conditions that make them eligible. The Hong Kong resident must:

1. Hold a passport issued by:

• The Hong Kong Special Administrative Region of the People’s Republic of China, or
• The United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

2. Submit an application for permanent residence with the applicable forms provided by the department in the application package for this public policy or by the electronic means made available on the website of the department;

3. Attain a level of proficiency of at least benchmark 5 in either French or English for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens:

• This must be demonstrated by the results of an evaluation by an organization or institution designated by the Minister to evaluate language proficiency, and
• The evaluation must be less than two years old when the permanent residence application is received;

4. Be physically present in Canada at the time when an application for permanent residence under this public policy is made and at the time of granting of permanent residence;

5. Have a valid temporary resident status in Canada;

6. Intend to reside in a province or territory other than the province of Québec; and

7. Be otherwise admissible to Canada.

All of these conditions must be met for an applicant to be considered for permanent residency.

Pathways available to those who qualify

Two specific pathways were created to help facilitate the immigration of Hong Kong residents to Canada.

Stream A – Students 

The first pathway, called Stream A, applies to those who were students in Canada. To qualify as part of Stream A, potential applicants have to have graduated from a post-secondary-designated learning institution in the three years before the date the application for permanent residence is received. The applicant must have graduated with a degree, a diploma, or a certificate. Further, the program must have been at least 50% completed in Canada, either in person or online. 

Stream B – Workers

The second pathway, referred to as Stream B, applies to those who have been working in Canada. Applicants must have completed at least one year of work experience in Canada in the three years before the application is submitted, have graduated and obtained some proof of graduation, like in Stream A, within the previous five years. 

Instead of being educated in Canada, Applicants under Stream B only need a foreign diploma/certificate/credential and an equivalency assessment indicating that the foreign diploma/certificate/credential is equivalent to a Canadian graduate or post-graduate diploma/certificate/credential. So long as the diploma/certificate/credential is for a program that is at least one year in length, the applicant is eligible for permanent residency in Canada under Stream B.

Family Members of Applicants

Another benefit of this temporary public policy is that applicants’ family members can also be granted permanent residence, provided they meet certain conditions. In most cases, the family member must:

• Be in Canada;
• Be included as an accompanying family member in an application for permanent residence by a principal applicant;
• Meet the definition of a “family member” (spouse, partner, or dependent children); and
• Not be otherwise inadmissible.

If a family member is outside of Canada, it is still possible for them to join the applicant as part of the public policy. However, an exemption must be granted.

Extension and Expansion of Open Work Permit Program

The temporary public policy is set to last until August 31, 2026. However, this policy is not the only special immigration program the Canadian government created for the people of Hong Kong. In early February 2023, Canada announced an expansion and extension of the open work permit program for Hong Kong residents, which was set to expire. An open work permit allows the holder to find employment anywhere in Canada for the length of the permit. Canada has extended the deadline to apply for the open work permit program and expanded the eligibility to more Hong Kong residents than before.

Under the upgraded open work permit program, those who have graduated within the last 10 years from a post-secondary learning institution in Canada or abroad are eligible for an open work permit. The work permits granted under this program will last three years, and those who are part of this program can use the experience to apply to become permanent residents of Canada.

This program will be open until February 7, 2025.  Canada believes this program will help provide skilled labour for Canadian employers while maintaining Canada’s good relationship with Hong Kong. 

Contact Garson Immigration Law for Comprehensive Advice on Canadian Permanent Residency

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. The skilled immigration lawyers at Garson Immigration Law will work to find an effective solution for your individual immigration needs and have experience with helping clients apply for work permits and permanent residence. If you have any questions about applying for a work permit or permanent residence, do not hesitate to contact us online or at 416-321-2860.

2022 was a record year for immigration in Canada, and 2023 is expected to break more records. While immigration comes with many benefits, it also opens the door for scammers to take advantage of those seeking entry into Canada. Navigating the Canadian immigration system can be difficult for many reasons, such as language barriers or difficulty understanding what the appropriate next steps are to take in the application process. Further, it is becoming more and more difficult to discern whether an opportunity is legitimate or a scam. Scammers are becoming even more undetectable and are targeting immigrants to Canada in various employment and immigration scams. 

Scams targeting immigrants and Canadians alike

While immigrants are subject to immigration-specific scams, this generally vulnerable population is also being targeted by scams that Canadians are falling susceptible to once they are in the country.

Scams targeting all Canadians 

Immigrants may fall victim to common scams unrelated to the immigration realm because of their lack of familiarity with Canada, the prevalence of coercive actions by government authorities in their country of origin or threats of criminal charges and deportation. An example of a common scam is one in which a scammer impersonates a Canadian Revenue Agency official either over the telephone or by way of email or text message. 

Recently, an international student at Concordia University in Montreal fell victim to a phone scam and lost $11,000. In response, the student association at Concordia University stated that they would warn students about the potential for scammers to take advantage of them. However, some people have called on universities to be more proactive and take steps early on to educate students about the potential warning signs of common scams. 

Immigration-related scams

In recent years, there have been various scams specifically targeting immigrants which have been reported across the country. These scams tend to target individuals who are geographically outside of Canada and want to immigrate to Canada. 

In December 2022, a man from Ghana almost fell for an employment scam that he came across on social media while still in Ghana. The man stated that he completed various paperwork in order to gain employment as an outreach minister at a church in Newfoundland and Labrador. However, after finishing his application, he was asked for $1,000 dollars as a “Canadian health ministry insurance fee.” When he investigated this request further, he discovered that the church did not exist, nor did the law firm that asked for the fee. 

Recently, an immigration consultant has been accused of swindling dozens of recent immigrants out of amounts greater than $5,000 by misrepresenting herself as a lawyer and promising clients that she would provide them with an open work permit and a route to obtaining permanent residency. 

Tips on Scam Awareness

Scams operate by threatening the targeted individual and putting them in an uncomfortable position where they feel obligated to pay the scammer to prevent the alleged threat from occurring. Often, scams suggest that if an individual does not provide them with money, a significant consequence will ensue, such as a monetary penalty, jail time, or loss of status in Canada. 

By becoming familiar with the means of communication which the Government of Canada and Immigration, Refugees, and Citizenship Canada contacts people can potentially help immigrants from falling victim to a scam that is attempting to impersonate a government official. Immigration, Refugees and Citizenship Canada has published instructions for immigrants that explain how Canadian immigration officials behave to help educate those coming to Canada and increase their awareness when they believe they may be communicating with authority figures. Officers from Immigration, Refugees and citizenship will never threaten to arrest, deport, assault or kidnap anyone, nor will they attempt to collect fees or fines in order to prevent such an action. 

Resources for scam awareness provided by the Government of Canada

The Canadian Government advises that some scammers have even used false agent names and numbers in order to appear legitimate. However, those who believe they may be the target of a scam can utilize various resources and security measures to ensure that their communications are with a legitimate government official. 

An individual can request the name and number of the immigration agent from the person they are speaking with and they can subsequently contact the Immigration, Refugees and Citizenship Canada Support Centre services to confirm the agent’s identity before providing the requested information. 

There are additional scam awareness resources which the Canadian Government has provided to help promote scam awareness among all newcomers. 

Contact Garson Immigration Law for Immigration Assistance 

Garson Immigration Law is a firm exclusively dedicated to immigration law in Canada and the United States of America. We guide clients through the immigration process and provide tailored advice each step of the way. The immigration lawyers at Garson Immigration Law work to develop practical solutions for each client’s individual immigration needs. We work hard to ensure that each client is positioned for success throughout the application process. If you have any questions about your immigration application, contact us online or call us at 416-321-2860 to learn how we can assist you.

2023 is on track to be a record year for immigration into Canada, according to the plans of the Canadian Government. The 2023-2025 Immigration Levels Plan accounts for increasing levels of immigration into Canada over the next three years. Further, the Canadian Government has recently been focusing on immigration growth as the world moves towards a new normal following the height of the COVID-19 pandemic. 

Recently, Canada has been introducing several new immigration programs and expanding its existing programs to help the country meet its immigration goals. In late December 2022, Canada’s Global Talent Stream was expanded as Employment and Social Development Canada made a policy change that will allow a more diverse group of immigrants, who possess experience in various fields, to come to Canada.

What is the Global Talent Stream?

Canada’s Global Talent Stream is a program designed to help employers hire highly skilled foreign workers quickly and efficiently. The program is part of the Temporary Foreign Worker Program, which allows employers to temporarily hire foreign workers to fill shortages in the domestic labour market. The Global Talent Stream program is designed to streamline the process for employers to hire skilled workers in designated occupations, including science, technology, engineering, and mathematic sectors.

Under the Global Talent Stream program, eligible employers can apply for a Labour Market Impact Assessment exemption, allowing them to hire foreign workers without needing to undergo a standard Labour Market Impact Assessment. Eligible employers can hire foreign workers more quickly and with less paperwork than they would otherwise have to.

Employee and Employer Eligibility for the Program

To be eligible for the Global Talent Stream program, employers must meet certain criteria, which include demonstrating that they have a genuine need for the foreign worker and that they have made efforts to recruit Canadians for the position before trying to hire foreign workers. In addition, foreign workers must meet certain requirements in order to be eligible to apply for the program. These requirements include having a job offer from a Canadian employer and possessing a post-secondary degree or equivalent work experience. 

A further benefit to both workers and employers of the Global Talent Stream is that foreign workers can be eligible for expedited processing of their work permit applications which can take as little as two weeks. 

Employers must pay $1,000 for each position they request as part of the Global Talent Stream. The funds are used to cover the cost of processing each application and cannot be paid by the temporary foreign workers who are part of the program. Employers who have not employed a temporary foreign worker in the past six years are subject to review prior to gaining access to the Global Talent Stream. 

Global Talent Stream Expansion

On December 22, 2022, the Global Talent Stream was expanded as five more occupations were added to the list of eligible occupations in the program, bringing the total number of eligible occupations under the Global Talent Stream to 17. The five new occupations include:

• civil engineer;
• electrical and electronics engineer;
• mining engineer;
• aerospace engineer; and 
• computer engineer. 

There is a small caveat relating to computer engineers, as those who are software engineers and designers are not included as part of the eligibility under the Global Talent Stream. All of these occupations have their own code under the 2021 National Occupational Classification in order to differentiate between the different types of engineers that are being added to the Global Talent Stream. 

Expansion is Reaction to Canadian Labour Market Shortages

This expansion of the Global Talent Stream comes from Canada’s reaction to the labour market needs and shortages. The expansion of the Global Talent Stream at the end of 2022 seems to be a specific response to a shortage of engineers in Canada. 

Accompanying the program expansion is the new maximum employment length for which employees are eligible to work. The Global Talent Stream used to allow for a maximum duration of employment of two years, however, the employment duration has been amended to allow for a maximum of three years. 

Ongoing Review of Immigration Programs

The Global Talent Stream is a program that is reviewed and updated on a regular basis to ensure that it continues to meet the needs of Canadian employers and the labour market. While Canada continues to grapple with the ongoing labour shortages, it is likely that additional policies will be promulgated in 2023 that allow foreign workers to come to Canada on expedited terms.

Contact Garson Immigration Law for Assistance with Coming to Canada, or Hiring Foreign Workers

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We work with clients to develop effective solutions for unique circumstances. Our immigration lawyers have a wealth of experience to draw upon when advising potential applicants on immigration to Canada, or helping Canadian employers mitigate risk and ensure compliance with national law when hiring foreign workers. If you have any questions about your immigration application or are an employer interested in hiring foreign workers, reach out to us online or call our office at 416-321-2860 to speak with a member of our team.

On November 14, it was announced that Canada had come to a new agreement with Italy that gives youth more opportunities when applying for international work and travel experience under the International Experience Canada Program. The new agreement between the two nations allows youth, categorized as those aged 18 to 35, to work and travel between the two countries for up to 12 months at a time. Participants can participate in the program twice, which allows for a total of 24 months under the program.

As part of the program expansion, International Co-op and Young Professional immigration streams will be added. According to Immigration, Refugees and Citizenship Canada, these new streams will help youth gain international experience abroad.

What is the International Experience Program?

The International Experience Canada Program allows Canadian citizens that are aged 18 to 35 the opportunity to work and travel abroad. The program includes over 30 countries that have entered into agreements with Canada and expedites the process by which its applicants can receive a visa to work in or travel in one of the countries.

There are a wide variety of countries from all over the world that participate in the program, including many countries from the European Union, Australia, South Korea, Japan, Costa Rica, Chile, and more. A full list of the participating nations can be found on the Canadian Government website.

These agreements between Canada and the other participating countries are reciprocal, so citizens of those countries can come to Canada to work or travel under the same sort of program. Further, through the agreements under the International Experience Program, work permits for Canadians who want to work abroad are easier to obtain, more flexible, less expensive, and processed more quickly than work permits applied for under other programs.

Applying Under the International Experience Program 

The Canadian government has laid out a series of steps and recommendations for potential applicants to complete in order to apply for the International Experience Program.

Researching Life in a Different Country

First, the potential applicant has to do some research on which country they would like to use the International Experience Program to visit or work in. It is recommended that potential applicants research available jobs in the country and the cost of living.

Determining Eligibility for a Work Permit

Next, the applicant needs to review the particular country they have chosen to ensure that they would be eligible for a work permit in that country. Although the reciprocal agreements of the International Experience Program make it easier for applicants to obtain work permits, obtaining a work permit is not guaranteed. The countries that participate in the program may have different conditions for obtaining a work permit. These conditions can include the age of the applicant, their residency, financial status, duration of their stay in the country, and other work restrictions based on the potential type of employment in the destination country.

If an applicant is eligible for a work permit, they must decide which type of work permit to apply for, depending on the destination country’s rules. An open work permit, referred to within the International Experience Program as a “working holiday”, allows the holder to work for any employer, in more than one location and does not require an offer of employment in order to apply. An employer-specific work permit requires the applicant to have an offer of employment before application and can mandate where the applicant works, how long they can work, the type of work they can do, and the employer that they work for. Each country will have different requirements and may not offer both types of work permits, so it is important for applicants to research which permits are offered in their destination of choice.

Gathering the Required Documentation

Once an applicant has decided on which work permit is appropriate for them, they have to gather the appropriate documentation. Most applications require the applicant to show proof of funds to cover expenses when the applicant arrives, while the applicant finds work (on an open work permit), and to pay for the applicant’s return ticket. Other required documents usually include proof of medical insurance and a copy of the applicant’s passport. Some countries may require other documents, such as the applicant’s birth certificate, a criminal history record check, a medical exam, or photos of the applicant. 

After these steps are completed, the applicant can finally complete and submit their application. Again, each country will have a different application process with varying requirements, so it is important to follow the specific directions closely in order to ensure the best chance of an application being approved.

Opening Doors for Future Immigration Through the International Experience Canada Program

As a result of the reciprocal nature of the program, foreign nationals can come to Canada under roughly the same terms as Canadians visiting other countries. The most flexible way applicants can come to Canada is on a working holiday, which is essentially an open work permit. Alternatively, the Young Professionals category is for employer-specific work permits and is less flexible than a working holiday.

There are further options available for citizens of countries that have agreements with Canada for youth mobility programs. Citizens of countries that do not have agreements with Canada may still be able to apply for the International Experience Canada Program with the help of some recognized organizations.

Some of the work that participants do in Canada could help them immigrate to Canada on a more permanent basis following the term of their International Experience permit. Participants could apply for another work permit or try and obtain permanent residence with express entry. Some express entry programs require Canadian work experience, and the International Experience Canada Program helps provide that to its participants.

Contact Garson Immigration Law for Comprehensive Advice on Canadian Immigration & Work Experience

Garson Immigration Law is passionate about helping potential newcomers to Canada obtain temporary or permanent residence through work and study permits, visitor visas, family sponsorships, express entry, and business immigration processes. Led by David Garson, a recognized leader of immigration law in Canada, we provide robust legal advice and creative solutions to secure the best path forward for our clients. To schedule a confidential consultation with one of our experienced immigration lawyers, call 416-321-2860 or contact us online.

If you’re considering applying to immigrate to or seek refugee protection in Canada, it’s essential to understand the key terms commonly used in this area of law. Immigration is complex and involves several steps that may be difficult to navigate for someone who does not have experience with the process.

Immigration law is a broad term that refers to all laws relating to people moving from one country to another. This includes people moving permanently or temporarily, refugees or asylum seekers seeking refuge in another country because they fear persecution in their home country. In this blog post, we review some of the most common acronyms that relate to immigration law.

Canadian Immigration & Refugee Acronyms – Public Bodies

CBSA (Canada Border Services Agency)

The Canada Border Services Agency (CBSA) is the administrative agency responsible for the flow of travellers and international trade.

IRCC (Immigration, Refugees and Citizenship Canada)

Immigration, Refugees and Citizenship Canada (IRCC) is a federal government administrative body responsible for the arrival of immigrants, providing protection to refugees, and programs that help other foreign nationals settle in Canada. It is also responsible for granting citizenship and issuing Canadian travel documents.

IRPA (Immigration and Refugee Protection Act)

The Immigration and Refugee Protection Act (IRPA) is the legislation that outlines the rules of immigration and refugee protection in Canada. Under the IRPA, the Minister has the authority to develop additional rules, which become part of the Immigration and Refugee Protection Regulations (IRPR). While the IRPA tends to stay the same, the IRPR are updated more easily and should be regularly consulted by the immigration professionals handling your matter.

IRB (Immigration and Refugee Board of Canada)

The Immigration and Refugee Board of Canada (IRB) is the largest administrative tribunal in Canada. It makes decisions pertaining to immigration and refugee matters to ensure fairness, efficiency, and compliance with the law. It also determines who gets refugee protection in Canada. The IRB is independent of Immigration, Refugees and Citizenship Canada (IRCC) but reports to Parliament through IRCC.

ID (Immigration Division)

The Immigration Division (ID) is the branch of the Immigration and Refugee Board (IRB) that oversees hearings to determine whether a foreign national or permanent resident is admissible to enter and stay in Canada or if they should be removed. The ID takes action at the request of Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). It also reviews the reasons for detention when a permanent resident or foreign national is detained.

IAD (Immigration Appeal Division)

The Immigration Appeal Division (IAD) is the branch of the IRB that hears appeals about immigration-related decisions. Specifically, the appeals it hears are as follows:

• Family class sponsorship applications refused by IRCC;
• Removal orders made against permanent residents;
• Permanent residents who have not fulfilled residency obligations; and
• Minister of Public Safety appeals of Immigration Division (ID) decisions where the person is not deemed inadmissible.

RPD (Refugee Protection Division)

The Refugee Protection Division (RPD) decides on claims made by refugees who are in Canada. This is the start of the refugee protection process for claims that have already been deemed eligible by the Immigration and Refugee Board (IRB).

RAD (Refugee Appeal Division)

The Refugee Appeal Division makes decisions on appeals from the Refugee Protection Division (RPD) to allow or reject refugee protection claims. The RAD can change the RPD’s decision, send the decision back to the RPD to be heard once more, or confirm the RPD’s decision.

Canadian Immigration & Refugee Acronyms – Other Terms

CLB (Canadian Language Benchmark)

The Canadian Language Benchmark (CLB) assesses the ability of newcomers to Canada to speak English or French.

FN (Foreign National)

The term foreign national (FN) is a term that refers to a person who is in Canada that is not a Canadian citizen or a permanent resident of Canada.

H&C (Humanitarian and Compassionate [Grounds])

Humanitarian and compassionate grounds (H&C) is a means to enter Canada for those who do not qualify for other immigration programs. It is available in exceptional circumstances to those applying for permanent residence. H&C is not a viable option if refugee protection is required.

NOC (National Occupation Classification)

The National Occupation Classification (NOC) is a standardized system that classifies jobs. This is used to assess worker qualifications for those with experience outside of Canada.

PNP (Provincial Nominee Program)

The Provincial Nominee Program (PNP) is an immigration program available to individuals interested in settling in a particular province of Canada. Most provinces have programs for attracting workers with the requisite skills, education, and experience to contribute to the province’s economy. It is a program for those who wish to obtain permanent residency in Canada.

POE (Port of Entry)

A port of entry (POE) is a legal place where individuals can enter Canada. The Government of Canada dictates POEs. It is the first airport or land crossing that you stop at in Canada. Every person is subject to examination at every POE, which usually requires the presentation of identification documents and will question you about your stay in Canada.

PR (Permanent Resident [Status])

PR. Although the initials “PR” stand for permanent resident, this term is commonly used to denote that an individual has permanent resident status in Canada. For instance, your friend may tell you, “I finally got my PR after applying a few months ago.” Someone with PR is not a Canadian citizen.

TD (Temporary Resident)

Temporary residents (TR) are foreign nationals who have been authorized to enter Canada on a temporary basis.

Contact Garson Immigration Law in Toronto for Guidance with Canada’s Immigration Process

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

We work to find practical solutions for our clients in all immigration matters, including permanent residence, inadmissibility, and US immigration. If you have any questions about an immigration application, do not hesitate to contact us online or call us at 416-321-2860.