Category: Work Permits

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Work Permits

We Are Not Farmers: Increased Immigration Can Help Sustain Employment in Key Industries

Person farming in field representing temporary foreign workers

As recovery from the COVID-19 pandemic continues throughout Canada and around the world, certain industries continue to experience labour shortages. The Canadian Government has been reactive to these shortages in various ways, for example, by trying to increase the labour force through expanding immigration options available for foreign nationals who wish to come and work in Canada. The Government is also considering the implementation of future policy changes.

Action may be needed in the agricultural sector

One area that remains impacted by labour shortages is Canada’s agricultural sector. According to a recent report from the Royal Bank of Canada, approximately 40% of Canadian farm operators are set to retire in the next ten years. However, 66% of these producers do not have a succession plan in place.

The report further indicated that there would be a shortfall of 24,000 agricultural jobs over the ten-year period, which will impact positions including general farmers, nursery, and greenhouse workers. The report suggests Canada create new immigration programs in order to bring in 30,000 immigrants over the next 10 years that will work in the farming industry.

Canada’s farming industry relies on workers who come to Canada on a temporary basis as seasonal workers. However, the efficacy of this approach to securing farm labour may wane in the coming years as alternative farming strategies, such as growing crops in greenhouses, require year-round labour. In order to draw labourers to Canada, the report further suggests that a federal process should be created for experienced temporary foreign workers to gain permanent residence status through farm work. This type of program creation would not be completely new to the Canadian Government and Immigration, Refugees and Citizenship Canada, as the Agri-Food Pilot already exists.

Agri-Food Pilot

The Agri-Food Pilot was developed to help address the labour needs of Canada’s agricultural and food sectors. The Agri-Food Pilot provides a pathway to permanent residence for experienced, non-seasonal workers in various industries that are eligible as part of the Pilot. A comprehensive list of the specific industries and jobs can be found on the Canadian Government website. There are further requirements in order to apply for this Pilot, including:

  • eligible job experiences;
  • a job offer;
  • language skills;
  • educational requirements;
  • and more.

The Pilot accepts up to a maximum of 3,000 applicants a year. These applicants are spread between the different jobs and industries included.

Agri-Food Pilot Extended Until May 2025

The Agri-Food Pilot was originally set to end in May 2023. However, the Pilot has been extended and is accepting applications until May 14, 2025.

Based on the aforementioned Royal Bank of Canada report, Canada could also offer some type of immigration alternative in order to incentivize foreign nationals to come to Canada and provide labour in the agricultural sector. However, there is some concern that after granting permanent residency, some agricultural and food industry workers may not continue to work in this sector.

New Program Ideas to Attract Experienced Farm Workers to Canada

The Royal Bank of Canada report also highlighted that skilled farmers and farm proprietors in other countries are losing their jobs due to changing environmental and regulatory regulations. In particular, the Netherlands and New Zealand are likely to face farming cuts. Therefore, one option to aid Canadian immigration is to offer some of these skilled workers permanent residency in exchange for their commitment to continue farming in Canada.

If such a program is created, Canada will have to weigh the international ramifications of inviting such farmers, including relations with the farmers’ home countries as well as the climate consequences.

Temporary Foreign Workers in Canada

Another attempt made to alleviate the labour shortages across Canada is the Temporary Foreign Worker Program. The Temporary Foreign Work Program allows Canadian employers to hire foreign nationals as workers to fill labour shortages.

Recent Updates

Several recent changes have been made to the program, indicating that Immigration, Refugees and Citizenship Canada is prepared to make appropriate updates to the Temporary Foreign Workers Program in response to labour needs. As of January 2023, the family members of Temporary Foreign Workers are now eligible also to receive work permits. The policy change aimed to help Canadian employers with labour shortages while also helping temporary foreign workers and their families.

Program Split Into High-Wage Stream and Low-Wage Stream

The Temporary Foreign Workers Program is split between the high-wage stream and the low-skilled stream. As evidenced by the name, the high-wage stream requires applicants to have higher levels of education, training, and job experience than the low-wage stream. If the Temporary Foreign Worker Program is opened up to more farmers, they will likely be eligible to apply through the low-skilled stream.

In order to hire foreign workers, most employers are required to complete a Labour Market Impact Assessment. However, in an effort to encourage more foreign workers to immigrate to Canada, Labour Market Impact Assessment exceptions could be made in the agricultural industry.

Looking forward, if Canada wants to address the ongoing labour shortages properly, it is anticipated that further policy changes will need to be made in conjunction with developing new programs.

Contact the Immigration Lawyers at Garson Immigration Law Trusted Advice Regarding Immigration to Canada

The immigration lawyers at Garson Immigration Law answer questions about immigration to Canada and help clients understand what immigration programs and streams are best suited to them. We successfully guide clients through the immigration application process while staying up-to-date on policy changes and new immigration programs. Our skilled lawyers work to find effective solutions to resolve your immigration needs. To speak with an experienced member of our team regarding your immigration questions, or to learn more about applying to the Agri-Food Pilot, contact us online or call us at 416-321-2860.

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Work Permits

Additional Work Permit Application Options are Now Available for Foreign Nationals in Canada

Canadian immigration policy set by the federal government is informed and created based on various humanitarian, economic and other reasons. Canada prides itself on being on the forefront of international humanitarian efforts and its immigration policies reflect that. For instance, the Canadian government quickly implemented several measures to help the people of Ukraine and Afghanistan shortly after conflicts escalated in both countries. 

Since the onset of COVID-19 in March 2020, Canada has gone through many challenges, and changes in the immigration sector have been occurring rapidly. More recently, the Canadian government has been rolling out temporary immigration policies in order to try and stimulate Canada’s economic recovery from the lull caused by the pandemic. These temporary immigration policies are informed largely by Canada’s economic needs and have benefitted foreign nationals by providing them with new avenues by which to immigrate to Canada and attain temporary or permanent residence status.

New Supporting Measures for Iranian Temporary Residents in Canada 

In 2022, following the protests which erupted in Iran, the Canadian government condemned the Iranian government’s response to the protests and levied sanctions against the country due to the gross and systematic human rights violations.

Canada responded to these issues on both an international and domestic level, as many immigrants to Canada come from Iran. Iranians in Canada who became Canadian citizens or permanent residents are permitted to stay in the country indefinitely, however, those individuals who remain in Canada on temporary visas will be provided with additional support, as the expiration of a temporary visa typically requires the individual to return to their country of origin. 

New Measures to Remain in Effect Until February 2024

As of March 1, 2023, additional measures have been implemented to make it easier for Iranians to extend their temporary status in Canada and move between temporary streams. This will make it easier for people from Iran on temporary visas to continue studying, working or visiting family by applying for a new permit from inside Canada. Further, an open work permit pathway will be made available for Iranians already in Canada. 

The Canadian government has also promised that applications from Iranians in Canada will also be processed on a priority basis. Finally, some of the processing fees will be waived for Iranians who want to continue to live in Canada. If Canadians want to Iran, passport and permanent resident travel document fees for citizens of Canada in Iran will also be waived.

These measures will be in effect from March 1, 2023 until February 28, 2024. It is important to check with Immigration, Refugees, and Citizenship Canada for updates and additional information on these measures if you believe they will apply to you. 

New Temporary Public Policy on Applying for Work Permits

Temporary work permits allow individuals to work in Canada temporarily. Temporary work permits fall into two categories: employer specific work permits and open work permits. 

In August 2020, shortly after the beginning of the COVID-19 pandemic, Canada enacted a new temporary public policy that allowed visitors to Canada to apply for a work permit without having to leave Canada first. Usually, work permit applicants must be outside Canada when applying for a work permit. However, this temporary public policy changed that in light of the travel difficulties created by the pandemic. 

As of February 28, 2023, this temporary public policy has been extended until February 28, 2025. Foreign nationals who are currently in Canada as visitors may receive a job offer and can apply for a work permit without having to leave Canada. Further, those who are applying as part of this public policy who held a valid work permit in the past year before applying can also request interim work authorization in order to commence employment more quickly than if they had to wait for full authorization on a work permit. 

Requirements Under this Temporary Public Policy

In order to apply under this public policy, applicants must:

  • have valid visitor status in Canada on the day they apply for the work permit; and
  • have a job offer that is supported by a Labour Market Impact Assessment, or 
  • a job offer that is Labour Market Impact Assessment exempt. 

A job offer requires a written offer of a full-time, non-seasonal job for a period of at least one year. Applicants must also submit their application before February 28, 2025, and meet all other admissibility criteria.

Although this program only applies to those who have valid status in Canada at the time of application, the Canadian government has recently instituted other programs for people who are out of status that allow them to apply for permanent residence. 

Contact the Lawyers at Garson Immigration Law in Toronto for Assistance with Work Permit Applications 

The trusted immigration lawyers at Garson Immigration Law exclusively practice in the area of immigration law. Advising on immigration in both Canada and the United States of America, our immigration team successfully guides clients through the immigration process, including work permit applications. Our knowledgeable lawyers remain current on all legislative changes to ensure that clients comply with the most recent requirements. We strive to understand each client’s unique needs and work to find an effective solution for every situation. If you have questions about an immigration application, reach out to us online or call us at 416-321-2860 to learn how we can help you.

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Work Permits

The Labour Market Impact Assessment: Hiring Foreign Workers as a Canadian Employer

Employers in Canada can look to hire foreign nationals when they have employment shortages or require an employee-specific skill set to do a particular job, when they are unable to find a Canadian who can satisfy the role. For foreign nationals, coming to Canada as a temporary resident with a work permit is an avenue to work within Canada legally. This route may also lead towards an application for permanent residence. 

Applying for a work permit can be an arduous process, as the application is complex and will vary based on the skills and qualifications of the individual applicant. The process can also be complicated for employers who want to hire foreign workers, as they must comply with complex regulations set forth by Immigration, Refugees and Citizenship Canada.

Requirements for Canadian Employers to hire Foreign Workers 

Canadian employers who hire foreign nationals must comply with the regulations promulgated by the government of Canada. Due to Canada’s interest in protecting its domestic labour market to ensure that jobs remain available to Canadians, the regulations for hiring foreign nationals are strict. 

Employers who do not comply with the regulations may lose the ability to hire foreign nationals or face other sanctions levied by the government. Sanctions can include, but are not limited to, the employer being banned from the temporary foreign worker program, denial of Labour Market Impact Assessments in the future, and the revocation of any current Labour Market Impact Assessments.

Labour Market Impact Assessment

Often, Canadian employers who wish to hire temporary foreign workers require a Labour Market Impact Assessment be completed. A Labour Market Impact Assessment must confirm that there is a need for a temporary foreign worker and that there are no Canadian citizens or permanent residents available to do the job. In some cases, there are exemptions which remove the Labour Market Impact Assessment requirement.

To receive a Labour Market Impact Assessment, employers must apply to Employment and Social Development Canada. The Labour Market Impact Assessment application process varies depending on the type of employee the employer wants to hire. There are different applications for high-wage, low-wage, agricultural, and seasonal agricultural workers. 

High wage is defined as offering a wage at or above the median hourly wage in the province or territory of employment. Low wage is a wage below the median hourly wage in the province or territory of employment. The median wages for each province and territory are available to employers so that they know which Labour Market Impact Assessment stream to apply for. If a Labour Market Impact Assessment has been issued to an employer, they are encouraged to provide a copy of the confirmation letter to their temporary foreign workers.

Compliance Reviews

Employer Compliance Reviews are a component of the Labour Market Impact Assessment process. Reviews are completed to ensure that the employer complies with any previous Labour Market Impact Assessments they have received. To ensure compliance, the Employer Compliance Review will confirm whether employees hired under the Labour Market Impact Assessment are:

  • Employed in the same role set out in the offer of employment;
  • Earning substantially the same wages as set out in the offer of employment; and
  • Working in conditions substantially the same as was set out in the offer of employment.

Compliance reviews are not limited to employers of temporary foreign workers who have a Labour Market Impact Assessment. Certain foreign nationals who can be hired through programs that do not require Labour Market Impact Assessments can still be subject to Employer Compliance Reviews.

Inspections 

Canadian employers who hire foreign nationals may be subject to inspections during the first six years of employment under a foreign worker’s work permit. Inspections may be required if the government receives a complaint of non-compliance with a Labour Market Impact Assessment, a past finding of non-compliance with a Labour Market Impact Assessment is found, or simply by random selection. Inspections ensure that the terms of employment specified in a Labour Market Impact Assessment are being followed and that workers are being treated fairly. 

Hiring Temporary Foreign Workers without a Labour Market Impact Assessment

If an employer believes that an exemption to the Labour Market Impact Assessment applies to their prospective hire, they should pursue it. If an exemption applies, the employer must select which exemption applies and include it in their offer of employment to the foreign national.

Another way that employers can avoid a Labour Market Impact Assessment is through the International Mobility Program. This program allows employers to hire workers without a Labour Market Impact Assessment when there would be a significant benefit to Canada through broad economic, cultural, or other competitive advantages. This program also applies to scenarios where Canadians can take advantage of other reciprocal benefits in a country. 

Applications in this category are assessed on a case-by-case basis and certain work permit categories are more likely to be accepted than others. Applications should include a significant benefit analysis and can include economic, social, and cultural benefit considerations. For an application under the International Mobility Program to have the best chance of success, it is important to include as many benefits as possible.

Contact Garson Immigration Law for Assistance with Hiring Foreign Workers

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. Our immigration lawyers have a wealth of experience working with Canadian companies to help them bring foreign workers into Canada. We can work with you to assist your business in the application process for a Labour Market Impact Assessment. We can also help to ensure that businesses comply with the assessment, and we can assist in the preparation of an inspection. If you have any questions about Labour Market Impact Assessment and hiring foreign workers for your business, contact us online or call us at 416-321-2860.

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Canada to U.S. Immigration Work Permits

Visa Options for Canadians Conducting Business in the U.S.: Part 1

With COVID-19 restrictions rolling back and international travel becoming increasingly accessible, more Canadians may consider expanding their business operations into the United States. As there are several forms of immigration documentation for cross-border business, entrepreneurs must choose the best option to maximize their chances of admission.

Unlike travelling to the United States for tourism, Canadians who seek entry to the U.S. for business require a visa. Which visa is required depends on the nature of the business activity to be carried out in the U.S. In this two-part blog series, we set out the types of visas available to those seeking to conduct cross-border business between Canada and the United States.

B-1 Visa: Temporary Business Visitors

Those seeking to enter the United States as temporary visitors, who intend to engage in business activities of a commercial or professional nature, must first obtain a B-1 visa.

Duration of a B-1 visa

The initial period of stay allowed under a B-1 visa is one to six months. An extension of up to an additional six months can be granted if required to carry out your business activities.

Activities covered by a B-1 visa

Some activities permitted under a B-1 visa include:

  • Consulting with business associates;
  • Travelling to attend scientific, educational, professional, or business conventions or conferences on specific dates;
  • Settling an estate;
  • Negotiating a contract;
  • Participating in short-term training; and
  • In some situations, transiting through the U.S. for business purposes.

Eligibility requirements for a B-1 visa

To be eligible for a B-1 visa, applicants must demonstrate the following:

  • The purpose of their trip is to enter the U.S. for legitimate business;
  • They plan to remain for a limited, specified period of time;
  • They have sufficient funds to cover their travel expenses and stay in the U.S.;
  • They have a residence outside of the U.S. that they have no intention of abandoning;
  • They have other ties that bind them to their home country that will ensure they return to their home after their visit to the U.S.; and
  • They are otherwise admissible for entry to the U.S.

No dependent visas allowed under a B-1 visa

Note that family members of a B-1 visa holder are not eligible for dependent visas. Instead, each dependent must apply separately for a B-2 visa to join the B1 visa holder in the United States. (A B-2 visa permits the visa holder to enter the U.S. for tourism, medical treatment, a social event, or participation in amateur contests for no pay.)

E-1 Visa: Treaty Traders

E-1 visas are available to designated treaty traders. A treaty trader is a person or business resident in a country with a treaty partnership with the United States and requires entry into the U.S. to facilitate the trade of goods or services. Canada and the United States have such a treaty partnership.

Duration of an E-1 visa

Under an E-1 visa, the initial stay permitted to a treaty trader is two years. Additional two-year extensions are available if needed. There is no limit to the number of extensions that may be granted, but E-1 visa holders must always maintain the intention to leave the U.S. at the end of their trading activities.

Types of trades permitted under an E-1 visa

Permitted trading between Canada and the U.S. under an E-1 visa includes:

  • Goods;
  • Services;
  • International banking;
  • Insurance;
  • Transportation;
  • Tourism;
  • Technology; and
  • Some news-gathering activities.

Dependents allowed under an E-1 visa

Unlike B-1 visas, E-1 visas allow the visa holder to have their spouse and children under 21 years of age accompany them to the United States.

E-2 Visa: Treaty Investors

E-2 visas are available to treaty investors: those who are admitted to the United States because they are investing a substantial amount of capital into a U.S. business.

Eligibility requirements for an E-2 visa

Prospective applicants seeking entry to the U.S. as a treaty investor must meet the following requirements:

  • They must be a national of a country with which the United States has a treaty of commerce and navigation;
  • They must have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide business enterprise in the U.S.; and
  • They wish to enter the U.S. solely to develop and direct the investment enterprise. This is established by showing the treaty investor owns at least 50% of the enterprise or has operational control of the enterprise through a managerial position or otherwise.

“Substantial amount of capital” for E-2 visas

As stated above, a treaty investor must contribute a substantial amount of capital toward a U.S. business enterprise to qualify for an E-2 visa. Whether the capital invested is “substantial” considers whether it is significant in relation to the total cost of either purchasing an established business enterprise or establishing a new one.

The capital must be sufficient to ensure the visa holder’s financial commitment to the enterprise’s success. It must also be of such a magnitude that it demonstrates the likelihood of the visa holder’s successful development and direction of the enterprise.

The lower the cost of the business enterprise, the higher the investment required to be considered “substantial” for the purpose of eligibility for an E-2 visa.

Garson Immigration Law: Providing Comprehensive Business Immigration Advice in Toronto

Garson Immigration Law is committed to finding innovative and effective solutions for clients seeking to conduct business in the United States. Our highly skilled team of immigration lawyers works with you to find the best approach and make your cross-border enterprise as hassle-free as possible. Our proximity to the U.S.-Canadian border has given us extensive experience understanding what is needed to satisfy all immigration criteria.

Garson Immigration Law also provides robust legal solutions in a broad range of other immigration matters, including Canadian citizenship, temporary residency, and permanent residency. To book a consultation, please contact us online or by phone at 416-321-2860.

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Express Entry Study Permits Work Permits

New Government Strategy Great News for Temporary Residents Looking to Become Permanent Residents of Canada

In September 2022 the Canadian Government released the new strategy regarding proceedings for immigrants in Canada. The news will have a great impact on temporary residents of Canada who wish to become permanent residents. Immigration Minister Sean Fraser tabled a plan to change the way that both foreign workers and international students, who have significant experience in employment areas with labour shortages, can become permanent residents.

Government Rationale for making it Easier for Temporary Residents to Transition to Permanent Residents

In a publication from Immigration, Refugees, and Citizenship Canada, the Canadian Government outlined the rationale for expanding the pathways available to temporary workers to access permanent residency.

The proposed changes will help boost Canada’s economy which international students and temporary foreign workers play a crucial role in. The Canadian Government recognizes that an important part of Canada’s immigration system is having pathways by which temporary residents can become permanent residents. By creating additional pathways to permanent residency, the government increases the attractiveness of Canada as a destination for international students and temporary foreign workers. Often, the ultimate goal for many temporary immigrants to Canada is to achieve Canadian permanent residency before their temporary status expires.

Additional Pathways Created to Reduce Labour Shortage

According to the government, increasing the number of pathways for permanent residency will allow Canada to meet labour needs and address long-term labour shortages in the future. These changes will also help strengthen the relationship between Canada’s labour market and its immigration programs.

In considering these changes, the Canadian Government has indicated that it will be mindful of the balance between the immediate needs of Canadian employers, Canada’s long-term economic goals, protecting vulnerable workers, and ensuring opportunities for domestic workers.

The Five Pillars of the Plan

The strategy that will be used for expanding the pathways to permanent residency is outlined as part of a five-pillar approach on the Immigration, Refugees, and Citizenship Canada website.

Pillar one

Pillar one uses the 2022-2024 Immigration Levels planned targets for immigration to provide Canada with a larger, permanent labour supply. As part of the plan, more temporary workers will be able to transition to a permanent residence status in an effort to help Canada’s economic growth in the years following the COVID-19 pandemic.

Pillar two

Pillar two will rework the Express Entry system by increasing flexibility in immigration selection tools in this system. The changes will allow the Immigration Minister to respond to labour market needs and economic priorities through immigration.

This pillar also highlights the desire to increase Francophone immigration by selecting candidates with specific attributes, like in-Canada experience. There will be a review of the Comprehensive Ranking System criteria for Express Entry with potential changes coming to Canadian work experience and education, language proficiency, and job offers. When draws for express entry begin to ramp up again, these changes will have a big impact on who receives invitations.

Pillar three

Pillar three will make improvements to permanent economic immigration programs by focusing on essential workers in high-demand occupations. This will entail adopting the new 2021 National Occupational Classification. Adopting the National Occupational Classification will amend the eligibility requirements for certain professions as it expands the number of pathways available for potential immigrants to apply under. New occupations will be eligible for Express Entry under the 2021 National Occupational Classification, which should increase the number of applicants eligible for Express Entry.

The Government has also indicated that pillar three will improve access to information for newcomers to Canada in order to ensure that they meet the necessary qualifications and help connect them to federal and provincial or territorial programming.

Some professions, such as physicians, will have barriers lifted where essential workers are in high demand. Further, improvements to pilot programs will impact availability to in-home caregivers and agricultural workers.

Pillar four

Pillar four focuses on supporting specific communities in attracting and retaining newcomers to Canada, with an emphasis on Francophone immigration. The Government is focused on supporting Francophone minority communities that exist outside Quebec, with a target of having 4.4% French speaking immigration by 2023.

This pillar also highlights a new Municipal Nominee Program which will be developed to help communities meet their labour needs. On a larger scale, the Federal Government has indicated that it will continue to work with the provinces to develop new pathways for the Provincial Nominee Programs in order to help the provinces meet their labour needs and adapt to the labour market.

Pillar five

Pillar five involves an increase in administrative capabilities for Canada’s immigration system. The Government is seeking to improve immigration applicant experience and modernize the immigration system through technological improvements. The goal is to expedite the process in order to welcome new permanent residents as quickly as possible. Though there are no specific details given as to the type of improvements that the Government is looking to add, more information will likely be revealed in the coming months.

For Guidance in Transitioning from Temporary Residence to Permanent Residence Contact Garson Immigration Law

Garson Immigration Law is 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 immigration lawyers at Garson Immigration Law have a great deal of experience and can provide assistance with your application. To speak with a lawyer and find out more about how we can assist you, contact us online or call 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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Work Permits

Canada’s Open Border Means the Country is Open For Business

As of April 1, vaccinated travellers will be able to cross the Canadian border without presenting a negative COVID-19 test at the border. The most recent changes to the Canadian border entry regulations will make travel more attractive, as the regulations will open the border to vaccinated, non-essential travellers.

With the border as open to travel as it has been at any point since the COVID-19 pandemic began in March 2020, travel for all purposes will likely increase. Business travel, in particular, may become more appealing for companies that operate on both sides of the border as no testing requirement reduces the cost and risk of cross-border travel.

Travelling to Canada as a Business Visitor

Depending on the length of stay and the nature of the visit, some travellers can come to Canada as business visitors without requiring a full work visa. The Canadian government defines a business visitor as someone who has come to Canada to participate in international business activities without being part of the Canadian labour market and/or is visiting Canada temporarily to look for ways to grow their business, invest, and advance business relationships.

Business visitors generally stay in Canada for a short time, from a few days to a few weeks. However, business visitors are permitted to stay in Canada for up to six months. For stays of longer than six months, a business visitor qualification is not enough. If a stay for more than six months is planned, the visitor may be considered a temporary worker and may have to apply for a work permit.

Qualifying as a Business Visitor

There are some conditions a visitor must meet to qualify as a business visitor in Canada. To qualify as a business visitor, the visitor must plan to stay in Canada for less than six months, not plan to enter the Canadian labour market, have their main place of business and source of income and profit outside of Canada, and have documents that support their application to be a business visitor.

Further, the visitor must meet Canada’s basic entry requirements like having a valid travel document, such as a passport, enough money for their stay and to return home, having a plan to leave Canada at the end of the visit, and not being a criminal, security, or health risk to Canadians. To satisfy a Canadian Border Services Agency officer that you are a business visitor, it is a good idea to also travel with a letter of support from your foreign employer or an invitation from your Canadian host, contact details for your Canadian host, and contracts, conference materials or other documentation relating to your visit. Longer stays may require additional documentation in order to help establish business visitor eligibility.

Entering Canada

Fully vaccinated travellers may enter Canada as of April 1 without providing proof of a negative COVID-19 test at the border. However, to enter as a business visitor, there are a few additional requirements needed before entry is allowed, depending on where the visitor is coming from. Certain countries may require a visitor visa in order for the visitor to come to Canada. The Canadian Government makes an important distinction between business people and business visitors. Business people are those who do work in Canada under a free trade agreement. Business people do not require a visa in order to enter Canada.

Business visitor activities

The activities that a business visitor can conduct during their stay in Canada partly depend on the country the visitor is from. Visitors from any country can:

  • Buy Canadian goods or services for a foreign business or government
  • Take orders for goods or services
  • Go to meetings, conferences, conventions, or trade fairs
  • Give after-sales service as part of a warranty or sales agreement
  • Be trained by a Canadian parent company that you work for outside Canada
  • Train employees of a Canadian branch of a foreign company
  • Be trained by a Canadian company that has sold you equipment or services

The United States and Mexico Nationals have additional privileges as business visitors under the Canada-United States-Mexico Agreement. Under the Agreement, the United States and Mexican nationals can take part in activities, not on the above list, such as research, marketing, and general services.

Work Visas

If someone wants to come to Canada for business for more than six months, in most cases, they require a work permit. There are employer-specific work permits and open work permits. The most common type of work permit is the employer-specific work permit which allows the applicant to work in a specific role for a specific employer. To qualify for this work permit, the applicant must have a job offer before they come to Canada. Visa-exempt applicants can apply at the port of entry for this work permit.

Openwork permits are not specific to any job or employer; they allow the applicant to seek employment anywhere in Canada for the entirety of the length of the permit. Openwork permits are less common and are more likely to be granted to The spouse or common-law partner of a skilled worker or international student in Canada, international students at in Canada who qualify for the Post-Graduation Work Permit Program, dependent family members of someone who has applied for permanent residence in Canada, and holders of employer-specific work permits who are being abused or at risk of being abused at their place of work.

Toronto Immigration Lawyers Assisting with Business Visitor Eligibility

The immigration lawyers at Garson Immigration Law regularly help clients who seek entry into Canada as business visitors by helping ensure clients have the proper documentation to meet the eligibility hurdles involved. 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.

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Canadian Immigration Canadian Immigration News Study Permits Work Permits

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

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

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

What is the Post-Graduation Work Permit?

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

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

Eligibility for the Post-Graduation Work Permit

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

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

Post-Graduation Work Permit Changes Since March 2020

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

Contact Garson Immigration Law in Toronto For Custom Immigration Solutions

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

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Business Visitors COVID-19 Immigration & Travel Issues Work Permits

The New Canada-UK Trade Continuity Agreement

After the United Kingdom departed from the European Union, certain agreements between England and other countries as a result of its former membership with the EU no longer applied. For example, the United Kingdom was included as part of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) while it was still included within the European Union. Under CETA, citizens of European Union states are eligible to apply for work permits in Canada. An important feature of this work permit program is that they allow for expedited processing as a result of the fact that they do not require the applicant or the employer to submit a Labour Market Impact Assessment. For United Kingdom nationals in Canada who came under the auspices of CETA, there was a sort of limbo state where they were unsure of how their status would be viewed in light of the UK’s departure from the European Union.

New United Kingdom-Canada Immigration Regulations

Now, Canada and the United Kingdom have come to a new agreement in order to replace CETA. The new agreement between the two countries is called the Canada-UK Trade Continuity Agreement (Canada-UK TCA). The new agreement is largely a continuation of the CETA conditions, except this agreement is solely between the UK and Canada.

The impact of Brexit on UK nationals who are already in Canada is that there residency is now governed by the Canada-UK TCA rather than CETA. If a UK national came to Canada under a CETA work permit, in order to apply for an extension they now will need to make their application under Canada-UK TCA.

Similar to the CETA, the Canada-UK TCA will allow UK nationals to come to Canada through different classifications including investors, business visitors, contractors and professionals, intra-company transferees and engineering and scientific technologists. Each category has different application requirements, and each provides for a different amount of time within Canada before an extension will be necessary.

Investors

Personnel who are involved in an investment can be granted a visa for one year with the possibility of extension. In order to be classified as an investor, one must:

  • Be the actual investor,
  • Be in a position to establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive, or
  • Be employed by an enterprise that has committed a substantial amount of capital.

Intra-Company Transferees

International companies may send their employees to work in Canada as an intra-company transferee. People eligible under this classification have to be senior personnel, specialists, or graduate trainees. Coming to Canada as an intra-company transferee allows someone to stay in Canada for an initial period of up to three years or for the length of their contract. There is also an extension potential of up to 18 months.

Business Visitors

Short-term business visitors are more restricted on how long they can stay in Canada, and what they are allowed to do when they are here. Business visitors can only stay in Canada for up to 90 days during any given six-month period. Further, they must come to Canada for the purposes of a specific project and are prohibited from selling goods or services or receiving payment from a Canadian source.

Contractors and Professionals

For this category, an applicant must be contracted to provide an eligible service for no longer than one year. In order to apply under this category, applicants must have a university degree or some sort of qualification demonstrating their knowledge to an equivalent level.

Engineering and Scientific Technologists

For this group, the applicant must have a job offer in place and their employer must submit the offer of employment to the Canadian government. The applicants must also show that they have the necessary qualifications to carry out their duties within Canada. Engineering applicants must have acquired at least a 3-year post-secondary degree whereas scientific applicants need at least a three-year degree in a scientific discipline.

Overall, the implementation of the Canada-UK TCA will ensure that workers in Canada from the United Kingdom can apply for extensions under the same conditions from CETA. Additionally, the agreement ensures that new UK national applicants can still come to Canada, provided that they fall into one of the categories under the agreement.

Cross-Border Vaccine Clinic Update

Last week, we wrote about how some Canadians were able to cross the Canada-United States border in order to receive vaccines within the United States. The Blackfeet tribe located in the state of Montana had received extra vaccines and set up a clinic to offer them to Canadians. This cross-border vaccine program initially received approval from both the Canadian and American governments, and Albertans began to cross the border in order to be vaccinated. Meanwhile, some Canadians in British Columbia and Ontario attempted to cross the border to be vaccinated only to be turned away at the border. This created some confusion amongst Canadians, as some Canadians were allowed over the border, while others were denied as the “essentiality” of travelling to be vaccinated was disputed by United States Customs and Border Patrol.

Now, the situation has been made clearer. Crossing the border to receive a vaccine is not “essential” so Canadians will be unable to cross the border for the purpose of receiving a vaccine. The essential classification that determines crossing will remain in place for at least another month as it was confirmed that the border restrictions that have been in place since March 2020 will continue to be in place until at least June 21, 2021.

If you happen to be in the United States already or do have an essential reason for crossing the border, you can book a vaccine appointment within the United States, however, border patrol will not let you cross the border if that is the primary purpose of your visit.

Contact Garson Immigration Law in Toronto for Timely Immigration Advice and Assistance

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are dedicated to successfully guiding clients through the immigration process. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
Canadian Immigration News Work Permits

Canada Offers Priority Processing to Hong Kong Residents

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

Immigration from Hong Kong

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

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

Open Work Permits for Hong Kong Recent Graduates 

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

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

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

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

Priority Processing

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

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

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are experts in successfully guiding clients through the open work permit application process. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are also continuing to monitor the immigration fallout in relation to COVID-19 and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.