Category: Entry to Canada

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Entry to Canada

Need to Know Canadian and International Travel Regulations for 2023

aeroplane

The winter holiday season is traditionally one of, if not the busiest time for travelling in Canada, and throughout most of the world. The increase in traffic during the holiday season has conventionally led to longer wait times for travel and increased complications because of the volume of people who seek to travel during the busy holiday season. Indeed this holiday season, many flights were cancelled or delayed due to inclement weather and staffing shortages, causing those impacted to miss important holidays and vacations. 

Now, travel is more complicated than it has been in a very long time as a result of the COVID-19 pandemic. Most countries around the world instituted new travel policies that have been in flux since the spread of the virus began in earnest in March 2020. Canada had some of the strictest regulations regarding travel into the country until earlier this year, when many of the restrictions were lifted. However, some restrictions on entry into Canada remain, and it is important for those who are planning to travel to Canada to be aware of the prevailing regulations in order to have the best chance of being permitted to enter Canada upon arrival. 

Travelling Abroad

Those who are travelling abroad from Canada may want to consider reviewing the Canadian Government’s travel advisory page. The travel advisories give a status for each foreign destination and detail the risks that travellers may face should they travel to a country with a travel advisory. 

There is currently a blanket level 2 travel health notice for COVID-19 related to travel to all countries. This means the Canadian Government advises that there is an increased risk of travelling and is encouraging travellers to practise enhanced health precautions.  Beyond travel advisories, travellers may also experience restrictive regulations for entry into foreign countries, so it is important to be informed before embarking on a trip. 

Travel Regulations Continuously in Flux

Canadian travel regulations have been constantly in flux since the beginning of the pandemic. 

Travellers should keep up with these frequent changes since entry to Canada will only be allowed if certain conditions are met. Several iterations of border restrictions have taken place in Canada, including distinguishing between essential and non-essential travellers, mandating quarantines for travellers entering the country, requiring COVID-19 testing prior to entry, requiring declarations to be made using an app before entry, and limiting access to Canada for those who are not vaccinated.

However, a few months ago, the rules for entry into Canada were greatly relaxed, which should be a relief to travellers seeking to gain entry into Canada. 

Current Canadian Travel Regulations

Currently, there is no requirement to show proof of COVID-19 vaccination before entry or upon arrival in Canada, and the random testing regime enforced at Canada’s borders has also been discontinued. 

After-entry quarantine requirements have been lifted, and masks are no longer required for planes or trains, though they are still recommended. Use of the ArriveCAN app is also no longer required for entry. However, the Canadian Government does recommend using the ArriveCan app to complete customs and make other declarations before travelling to Canada to save time at the border.

Most of these changes have taken place in tandem with changes made to travel around the world in an effort to restore pre-Pandemic travel conditions. In the future, new restrictions on travel to Canada may be implemented in response to new viral outbreaks, but they are likely to be focused on specific countries as opposed to being worldwide restrictions. The Canadian government has already had to institute regulations from specific countries that are still struggling with high COVID-19 cases.

Travel from China: New Restrictions Added 

There has been a recent surge in cases of the COVID-19 virus in China, and many countries of the world have reacted to the uptick by reinstituting travel bans on visitors from China. The United Kingdom, the United States, France, and many other countries have instituted COVID-19 testing for passengers arriving from China. Now, Canada has followed suit and is imposing restrictions on travellers to Canada who are coming from China as a temporary public health measure. The restrictions will be in place for 30 days or more if extended.  This temporary public health measure brings with it new regulations that travellers from China must follow.

As of January 5, 2023, air travellers aged two and older arriving in Canada from China, Hong Kong, or Macau must provide evidence of a negative COVID-19 test taken prior to departure in order to be allowed entry into Canada.

 Alternatively, travellers can provide documentation confirming they tested positive for COVID-19 more than ten days before their departure flight but not more than 90 days beforehand. These measures apply to anyone travelling from China, Hong Kong, or Macau, regardless of nationality or citizenship. This means that Canadian citizens, permanent residents, and temporary residents coming back into Canada will also be subject to these regulations. 

For Trusted Legal Guidance, Contact Garson Immigration Law in Toronto

Garson Immigration Law is a firm exclusively dedicated to practicing immigration law. We successfully guide clients through the immigration process as COVID-19 regulations continue to change. Our team of experienced professionals will work with you to find an effective solution for your individual immigration needs and ensure your application is positioned for success. 

The immigration lawyers at Garson Immigration Law continue to monitor the immigration changes concerning COVID-19 and will provide updates when regulations change. Should you have any questions about immigration applications during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Canadian Immigration Entry to Canada Express Entry

More Occupations Now Eligible for Express Entry

The 2021 National Occupational Classification has been adopted by Immigration, Refugees and Citizenship Canada. As a result, many aspects of immigration to Canada will be impacted, especially the Provincial Nominee Program and Express Entry. Because the 2021 National Occupational Classification has reclassified skill types from the 2016 National Occupational Classification into TEERS (“Training, Education, Experience and Responsibilities”), some potential applicants will be better positioned to gain entry into Canada through Express Entry both on the federal and provincial levels.

Express Entry Options 

Express Entry allows foreign nationals to apply for permanent residence in Canada based on the contributions that they can make to the Canadian economy. A few different options are available for foreign nationals to apply for Express Entry to Canada. Some options are for federal express entry, whereas others allow foreign nationals to apply on a provincial level. Each stream has different requirements. 

Canadian Experience Class

The Canadian Experience Class of Express Entry is for foreign nationals who are skilled workers with Canadian work experience. Applicants must have worked in Canada for at least one year out of the previous three years. This experience gained in Canada must have also been while the foreign national was legally allowed to work in Canada as a temporary resident.

Although no minimum education level is required for applicants under the Canadian Experience Class, education can help make an application more competitive. The applicant must have skills that qualify them for a managerial or professional role or a skilled trade. Finally, to be considered, applicants must be at the language level in writing, reading, listening, and speaking as required for their chosen job. The level of skills in language needed depends on the type of job that is being applied for, as certain occupations are deemed to require a higher level of language skills than others.

Federal Skilled Worker Program

Unlike the Canadian Experience Class, the Federal Skilled Worker Program does not require the applicant to have Canadian work experience to apply. To be granted Express Entry under the Federal Skilled Worker Program, the applicant must meet a minimum threshold of points. The points are calculated from six selection factors: age, education, language, skilled work experience, existing job offers, and adaptability.

Federal Skilled Trades Program

The Federal Skilled Trades Program is for applicants who work in a select number of trades. Applicants must have at least two years of full-time work experience in their field within the last five years. This work experience can consist of full-time or part-time work, so long as the total hours worked amount to two years of experience. There is no education requirement for this program, but education can improve the applicant’s rank in the Express Entry pool. Applicants also need to have sufficient English or French language skills to apply.

Finally, applicants for the Federal Skilled Trades Program require a valid offer of full-time employment for at least a year or a certificate of qualification in their skilled trade issued by a Canadian provincial, territorial or federal authority to apply.

Provincial Nominee Program

The Provincial Nominee Program allows Canadian provinces to invite foreign nationals to apply to live within their borders. The provinces each have their own programs, and each sets its own requirements for applicants to meet to apply under their Provincial Nominee Program. The Provincial Nominee Programs allow the provinces to target foreign nationals with specific skills and experience that will benefit the province. If an applicant is selected under a Provincial Nominee Program, the applicant must then apply to the federal government for permanent residence status. 

Ontario has its own Provincial Nominee Program called the Ontario Immigrant Nominee Program (OINP). The Ontario Immigrant Nominee Program offers a variety of different streams for potential applicants. Recently, the Ontario Immigrant Nominee Program implemented the 2021 National Occupational Classification. This means that the changes to the 2021 National Occupational Classification will now apply to applicants to Ontario. For example, the point allocations for employment/labour market factors for evaluating applicants have been changed to conform with the National Occupational Classification. 

2021 National Occupational Classification Changes 

The new National Occupational Classification has changed which foreign nationals are eligible for permanent residence. Included as part of the new classification are 16 occupations that are now eligible for Express Entry. This expansion will allow more foreign nationals to come to Canada, become permanent residents, and provide Canada with more diverse immigration applicants.

The new occupations eligible for Express Entry are as follows:

  • payroll administrators;
  • dental assistants and dental laboratory assistants;
  • nurse aides, orderlies and patient service associates;
  • pharmacy technical assistants and pharmacy assistants;
  • elementary and secondary school teacher assistants;
  • sheriffs and bailiffs, correctional service officers, by-law enforcement, and other regulatory officers;
  • estheticians, electrologists and related occupations;
  • residential and commercial installers and servicers;
  • pest controllers and fumigators;
  • other repairers and servicers;
  • transport truck drivers, bus drivers, subway operators and other transit operators;
  • heavy equipment operators; and
  • aircraft assemblers and aircraft assembly inspectors. 

Foreign nationals with these jobs who want to become Canadian permanent residents can now do so through Express Entry. Overall, this expansion of Express Entry should help Canada to address labour shortages and benefit the Canadian economy. 

Contact Garson Immigration Law in Toronto for Comprehensive Advice on Express Entry

Garson Immigration Law has a wealth of experience helping clients immigrate to Canada through the Express Entry programs. Our knowledgeable team of Toronto immigration lawyers keeps apprised of all provincial and federal immigration developments so we can provide clients with the most effective, robust legal solutions possible. In addition to advising clients on the Canadian immigration process (including inadmissibility issues, citizenship, and temporary and permanent residence matters), we also provide trusted guidance to Canadians looking to immigrate to the United States. To schedule a confidential consultation, contact us online or by phone at 416-321-2860.

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Entry to Canada

Major Changes Implemented at Canadian Borders

Since the onset of the COVID-19 pandemic, Canada has implemented some of the most stringent border controls in the world. Over the past two and a half years, crossing the border has entailed showing essential worker status, being subject to long quarantines, and ongoing changes to the regulations. The newly implemented entry requirements are likely to make crossing the Canadian border much more accessible.

It is important to note however that despite the border restrictions, Canadian citizens and permanent residents were always able to cross the border to come back to Canada, albeit with some quarantine requirements.

Some Border Restrictions Lifted in September

On September 30, sweeping changes were made which largely changed the travel process of arriving in Canada. These changes impacted COVID-19 testing at the border, the use of the ArriveCan application, and vaccine requirements.

Random Testing

Random COVID-19 tests for travellers have been one border control initiative that Canada has used in order to try and help stop the spread of the virus. Approximately 5% of fully vaccinated travellers who enter Canada by air are subject to the random testing. The problem with the PCR COVID-19 tests that being used for this random testing is that they sometimes cannot differentiate between those who are actively infected with COVID-19, and those who were infected in the past and have since recovered. Therefore, false positives were causing unnecessary quarantine requirements.

Many have questioned the efficacy of the random testing at the border since its inception in late 2021 because of these issues, and the figures show that less than 2% of COVID-19 cases in Canada are linked to international travel.

ArriveCan App

Canada has now made using the ArriveCan app optional for travel into Canada going forward. The ArriveCan app was implemented in the middle of 2021 by the Canadian Government as a mandatory part of travel to Canada. Through the app, travellers provided their health information, travel documents, port of entry, and estimated time of arrival before crossing the border. Downloading and filling out ArriveCan was necessary for foreign nationals to enter Canada, as they could be denied entry if their information was not provided. For Canadians, entry to Canada could not be denied if they did not use the ArriveCan app, however, those who did not could face an eight day quarantine as well as COVID-19 testing.

While using ArriveCan is now optional, it is likely that in many cases, using ArriveCan will help to expedite crossing the border by giving the Canadian Border Services Agency the information they would request from travellers at the port of entry in advance. As such, some people may choose to still use the app in the interest of efficiency.

Vaccine Requirement

Canada’s border has been restrictive since the COVID-19 pandemic began, and the vaccine requirement for travellers has been part of those restrictions. Unvaccinated travellers have largely not been allowed to enter Canada since vaccines became widely available. Unvaccinated Canadians could cross the border back into Canada, but faced long quarantines upon entry into Canada.

Now that the vaccine requirement has dropped, those who did not have vaccine exemptions will now be able to enter Canada regardless of their vaccination status, thereby removing a source of inadmissibility to Canada. The United States maintains a vaccine requirement for entry into the country and it is not clear at this time when the requirement will be lifted.

An interesting ramification of the vaccine policy change is that Canada’s sports teams will lose part of the home field advantage they have enjoyed since the vaccine policy was implemented. Opposing teams with unvaccinated players could not bring those players to Canada to play Canada’s teams, giving the Canadian teams an advantage in some cases when opposing teams had key players who were not considered fully vaccinated.

Additional Changes

The masking requirements on trains and airplanes have also dropped and there will be no vaccine requirements for domestic travel in Canada. Further, the quarantine requirement has been dropped.

The changes and their impact

These changes bring Canada in line with the majority of European countries, as many disposed of their entry requirements earlier this summer. The changes should bring more travellers into Canada, as the potential pool of travellers has increased overall, and travel could become more efficient without as many restrictions on entry.

Contact Garson Immigration Law with any Questions Regarding Entry to Canada

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. Our lawyers successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. If you have any questions about if you will be able to travel or about an immigration application during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Entry to Canada Humanitarian & Compassionate Grounds

Humanitarian & Compassionate Grounds in Canadian Immigration

Canadian immigration is a complicated process that can take many years. Unfortunately, some people who want to immigrate to Canada are unable to meet the eligibility criteria for any of the most common immigration options, such as Express Entry or the Provincial Nominee Program. That doesn’t mean you can’t immigrate to Canada at all; it just means you need to take a different route. In this blog, we will discuss what humanitarian and compassionate grounds are and how they might apply in your case.

Humanitarian and compassionate grounds are an alternate route to immigration

If you are not eligible for a visa because of inadmissibility or are expected to be deported, humanitarian and compassionate grounds are an alternative means to allow you into Canada. Section 25 of the Immigration and Refugee Protection Act provides the following:

Humanitarian and compassionate considerations — request of foreign national

25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

Humanitarian and compassionate grounds are available in exceptional cases

This option is available to individuals in exceptional cases. Applications are assessed according to some of the following factors:

  • How well are you settled in Canada;
  • Family ties to Canada;
  • Best interests of any children who are involved; and
  • What could happen to you if the request is denied.

Humanitarian and compassionate grounds are not available for those applying for temporary residence applications. They are also not available for those with an active and pending refugee claim, or for those who have received a negative decision from the Immigration and Refugee Board within the last year. Applicants can only submit one application. While the consequences of denial are considered, Immigration, Refugees and Citizenship Canada does not consider risk factors like cruel and unusual treatment or punishment, persecution or other risks to life.

Humanitarian and compassionate grounds are not available for those facing persecution

If you are ineligible from applying for humanitarian and compassionate grounds based on a need for protection against persecution or cruel and unusual punishment, you will likely be denied. This is not the program for you. Instead, you will want to consider applying for the in-Canada refugee process.

Please note that the Safe Third Country Agreement is still in effect! If you are an individual entering Canada through a land-based port of entry, you will be returned to the United States unless you meet an exception. The exceptions are as follows:

  1. Family members – You meet an exception if you have a family member who is a Canadian citizen, permanent resident, or protected person who has had a claim accepted by the Immigration and Refugee Board or had their removal order stayed on humanitarian and compassionate grounds. That family member must have a valid work or study permit and must be the age of majority.
  2. Unaccompanied minors – This is available to those under the age of majority who are not accompanied by a parent or legal guardian, who don’t have a spouse or common-law partner and who do not have a parent or legal guardian in either Canada or the United States.
  3. Document holders – This is available to refugee claimants who have a valid Canadian visa, valid work permit or study permit, hold a travel document, or are not required to get a temporary resident visa to enter Canada but must do so to enter the United States.
  4. Public interest – This is available to refugee claimants who have been charged with or convicted of an offence in the United States or a third country that could subject them to capital punishment (the death penalty) and are not otherwise inadmissible in Canada.

An application for humanitarian and compassionate grounds will not delay a removal order

If the reason for your application on humanitarian and compassionate grounds is that you are subject to a removal order, the application will not delay your deportation. However, your application will continue to be processed after removal. Immigration, Refugees and Citizenship Canada will notify you of the final determination of your application in writing.

Key takeaways on humanitarian and compassionate grounds

If you are applying for permanent residence on humanitarian and compassionate grounds, there are several things to keep in mind:

  • It is very difficult to be successful in an application for humanitarian and compassionate grounds. This is an option reserved for exceptional circumstances.
  • An application for humanitarian and compassionate grounds is not available to certain foreign nationals. Be sure to review the eligibility requirements before applying to avoid wasting time.
  • If you are seeking refugee protection in Canada, applying for humanitarian and compassionate grounds is not for you.
  • Finally, an application for humanitarian and compassionate grounds will not slow down a removal order. You will still be required to leave the country as planned.

Contact the Immigration Lawyers at Garson Immigration Law in Toronto for Help Immigrating to Canada

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

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

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Canadian Immigration Canadian Immigration News Entry to Canada

Could the Provincial Nominee Program Be Your Ticket to Canada?

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

What is the Provincial Nominee Program?

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

Why did the Provincial Nominee Program come into existence?

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

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

How to apply for a Provincial Nominee Program

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

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

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

An Overview of Provincial Nominee Programs

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

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

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

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

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

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Entry to Canada Work Permits

Express Entry is Back! New Immigration Policies Coming Summer 2022

Recently, Canada entered a general labour shortage. When the shortage was recognized in early April 2022, some immediate changes to the Temporary Foreign Worker Program were made in order to allow more workers to enter Canada. Additionally, further changes due to be enacted on April 30 were announced at the time, and those changes which will impact sectors with demonstrated labour shortages have been enacted. In order to address the labour shortage, the Government of Canada has started to update policies in order to help create more opportunities for Canadian employers to find employees. The updated policies will impact immigration to Canada later in 2022, so it is important for potential new immigrants to be aware of the policies in order to be in the best position to make a successful application.

Express entry changes

The April 22 labour shortage update from Immigration Minister Sean Fraser featured important information on updates to Express Entry that will take place later this year. The onset of the COVID-19 pandemic in March 2020 caused some significant changes to Express Entry, as closed borders and risk averse policies slowed travel and immigration into Canada. Canada rebounded in 2021, accepting a record number of new permanent residents, but the Express Entry system was still heavily impacted by the pandemic changes, as certain classes of applicants were no longer accepted to become permanent residents.

During much of the pandemic, applicants under the Provincial Nominee Program were issued invitations to become permanent residents. There were some applicants invited for those who applied under the Canadian Experience Class, although there were less than there had been prior to the pandemic. However, applicants under the Federal Skilled Worker and Federal Skilled Trades Programs were not issued invitations under Express Entry for a large portion of the pandemic because of the frequency of applications under those programs coming from outside of Canada.

This summer, Express Entry changes will happen that will help bring the Express Entry system closer to how it was prior to March 2020. Express Entry invitations for the Canadian Experience Class, Federal Skilled Worker Program, and Federal Skilled Trades Program are set to resume in early July. Although there has not been an exact date given for when invitations will resume, applicants can begin preparing knowing that invitations will begin this summer. Immigration, Refugees and Citizenship Canada also indicated in the announcement that new Express Entry applications will be back to being processed within the six month service standard. Currently, processing times are above the six month service standard and the government is striving to bring these processing times back down. Processing times for specific applications can be checked on the Canadian Government website.

Immigration numbers for the first quarter of 2022 are encouraging for those who wish to come to Canada, either by work permit or express entry. Canada processed more than 156,000 express entry applications from January 1 to March 31, and more than 100,000 work permit applications in the same time period. With Express Entry opening back up, it is possible we will see even higher numbers of permanent resident and work permit applications accepted in the second half of 2022, which is great news for those who are thinking of coming to Canada.

Big news for international graduates as Work Permit Program expanded

Part of the April 22 announcement included news that is relevant for international graduates in Canada. Canada offers graduates who have graduated from eligible Canadian designated learning institutions to obtain an open work permit that allows them to work in Canada via the Post Graduate Work Permit Program. The experience gained with the Post Graduate Work Permit can help holders to qualify for permanent residence through the Canadian Experience Class.

Beginning this summer, International student graduates who hold a valid Post Graduation Work Permit that expires in 2022 and are in Canada will be able to apply for an open work permit that will last up to 18 months. Prior to this change, the Post Graduate Work Permit was not extendable, and applicants were only able to work under the permit for the initial length granted by the permit. The government hopes this change will allow applicants to continue contributing to the Canadian economy, gain more valuable work experience for Express Entry applications, and help address Canada’s labour shortage. The change to the Post Graduate Work Permit will impact a large number of people, as tens of thousands of former students transition to permanent residences each year from the Post Graduate Work Permit Program. The Government estimates that around 95,000 holders of a Post Graduate Work Permit will have their permits expire during 2022, and the new changes to the program will benefit as many as 50,000 applicants.

Information regarding applications for the Post Graduate Work Permit Program extension will be available soon, as the Canadian Government has indicated that they are developing a simplified, expeditious process for this program and that more details will be available in the weeks ahead. If you are one of the 95,000 people who is eligible for another permit under this policy, be sure to continue to check for updates on how to apply if you plan on taking advantage of the program.

Applying for Permanent Residence? Garson Immigration Law is here to help

Garson Immigration Law and its immigration lawyers is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. If you have any questions about an immigration application during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Entry to Canada Inadmissibility

Canadian Border Restrictions Set to Relax on April Fools’ Day

The Canadian border policy has continuously changed, in response to the threats the virus poses to the population of Canada and the health care system, since the onset of the COVID-19 pandemic nearly two years ago. Recently, the government changed border regulations on February 28, relaxing restrictions on entry into Canada. At the same time, the Canadian Government adjusted its Travel Health Notice and no longer recommended that Canadians avoid travel for non-essential purposes. At the same time, the Government changed the testing requirements for entering into Canada, as it was announced that travellers could either present a negative molecular COVID-19 test within 72 hours of crossing the border or could present a negative COVID-19 rapid antigen test taken within 24 hours of crossing the border. The testing requirement for entry has been controversial, as many have been advocating for the Government to eliminate the requirement in order to help facilitate short-term trips abroad from Canada, especially south of the border to the United States.

Canadian border policy changing again

Now, as they have throughout the pandemic, the regulations for travel across the border have changed again. Starting on April 1, 2022,  pre-entry tests will no longer be required for fully vaccinated travellers entering Canada by land, air, or water. Until April 1, travellers must follow the February 28 travel pre-entry testing requirements. While testing before arrival is now no longer a requirement for entry into Canada for fully vaccinated travellers, travellers may still be subject to random COVID-19 testing at the border after arrival in Canada.

Despite the relaxation of testing regulations, foreign nationals coming into Canada must be vaccinated, as there are only limited exceptions available for those who are unvaccinated to be granted entry. Unvaccinated Canadians and foreign nationals who are granted entry will be tested on arrival into Canada and have to quarantine for 14 days upon arrival.

Although the border is open, some travellers may still be inadmissible

Despite the border being more open to travel when compared to almost any other point during the pandemic, this does not mean all foreign nationals who wish to enter Canada will be permitted to enter. Again, to enter Canada most foreign nationals need to be fully vaccinated against COVID-19. Being fully vaccinated for the purpose of travelling to Canada means that you have received a full dosage of a vaccine accepted by Canada for travel, and received your last dose at least 14 calendar days before entry into Canada. Prior to arrival, vaccinations must be uploaded onto the ArriveCAN app. In order to see if you can come to Canada as an unvaccinated foreign national, a short questionnaire can be taken on the Government of Canada website that will provide you with an answer based on your reason for travelling to Canada.

Aside from vaccine status, there are other reasons that can make foreign nationals inadmissible for entry into Canada.

Criminal Inadmissibility

If you have a criminal offense on your record, it is important to make preparations before you travel to Canada in order to have the best chance of gaining entry, as criminal offenses can render foreign nationals inadmissible for entry into Canada. For American travellers, it is important to note that the Canadian Border Services Agency has access to FBI background record information that could render Americans with a criminal record in the United States inadmissible for entry into Canada, so disclosure before entry may be the best option for gaining entry into Canada.

It is worth noting that some criminal offences in the United States may not be considered criminal offences in Canada. For example, if a criminal record is for a marijuana-related offence, the offender may still be allowed to enter Canada, as possession of marijuana is legal in Canada. Possession of up to 30 grams is allowed in Canada, so if a charge was for under that amount, the offender may not be denied entry. However, if a charge involves being in possession of over 30 grams or trafficking, the offender may not be permitted to enter.

Certain charges that are considered to be serious can make individuals inadmissible for entry into Canada on accord of the serious criminality label given to those charges. One example of a charge with serious criminality is a DUI offense. Even if you have committed a charge with serious criminality, there are still ways in which you can enter Canada.

Temporary Residence Permit

A temporary residence permit, as evident through its name, allows a holder to come to Canada temporarily. Those with a criminal record who are not eligible for rehabilitation, or who need urgent entry into Canada can apply for a permit.  The requirement in order to apply for a temporary residence permit is having a valid reason to travel to Canada, and the reason for travel to Canada outweighs any potential risk posed. Through a legal opinion letter, a skilled lawyer can explain their client’s criminal record to the Canadian Border Services Agency, its impact, and why the client deserves to be granted a temporary residence permit.

Criminal Rehabilitation

Criminal rehabilitation can resolve entry issues for coming into Canada on a permanent basis, as opposed to a temporary residence permit. If an application for criminal rehabilitation has been approved, a criminal record will no longer prevent the traveller from entering Canada. A requirement of applying for criminal rehabilitation is that a minimum of five years has elapsed since the completion of the most recent criminal sentence. When making an application, the Canadian government will consider the Canadian equivalent of the crime in making a decision on if the applicant is considered rehabilitated.

Deemed Rehabilitation

Deemed rehabilitation is an option if at least 10 years have elapsed since the last conviction of a charge that is not considered to be serious. The nature of the charge, the extent of the traveller’s record and the amount of time passed are all factors that are considered in deemed rehabilitation. There are some limitations on deemed rehabilitation, as this exception only applies to charges that, if committed in Canada, come with a maximum prison sentence of fewer than 10 years.

Contact Garson Immigration Law in Toronto with any admissibility related questions

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.