Category: Work Permits

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Work Permits

Moving to Canada: Immigration & Tax Considerations

Recently, our founding partner David Garson co-authored an article with Jack Bernstein of Aird & Berlis LLP to provide an overview of some key business immigration scenarios and the tax implications of each.

The immigration lawyers at Garson Immigration Law continue to monitor the developing situation in relation to COVID-19 and will provide updates as they become available. They are widely recognized for their expertise in the field and work to find an effective solution for each client’s unique business immigration needs. To discuss your circumstances with a member of the firm, please contact us online or call us at 416-321-2860.

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

Webinar: Understanding Continuing Immigration Uncertainty in a Turbulent Time

Two people holding hands representing a couple who now qualify for family admittance into Canada

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

Who Can Access Canada and How

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

1. Entry from the United States

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

2. Entry from outside the United States

  • Foreign nationals prohibited from entry, but for specific exemptions

3. Mandatory Isolation

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

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

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

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

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

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

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

Entry of Specialized Technicians

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

New Immigration Policies

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

In-Canada Applicants

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

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

Quarantine Exemptions

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

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

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

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

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

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

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COVID-19 Immigration & Travel Issues Work Permits

Webinar: Canadian Entry in a Pandemic & Post-Pandemic World

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

Travel Restrictions

As you may already know, the Canadian border is “closed” until at least July 21, 2020. If you are a Canadian citizen, this does not apply to you, as Canadians are always allowed to enter Canada. In addition, those who are not Canadian citizens or permanent residents who qualify as “essential” travellers are permitted to cross the border. The distinction between essential and non-essential travel can be murky, so if you are looking to travel to Canada during the COVID-19 pandemic, it is important to be prepared to justify why you should be allowed entry into Canada. Further, the travel restrictions are slightly different depending on if you are travelling to Canada from the U.S. or from anywhere else in the world.

Travellers to Canada from the U.S.

  • Foreign nationals are prohibited from entry if travelling for “optional or discretionary purpose”, such as tourism, recreation or entertainment.
  • Exemptions include:
    • If entering for work:
      • Work travel must be viewed as non-optional, and CBSA officers retain a large amount of discretion when making the decision to admit you into Canada. For this reason, it is important to be prepared to justify why you, and your entry into Canada, are essential.
      • Those entering Canada from the U.S. can apply for a work permit at the port of entry.

Travellers to Canada from Outside the U.S.

  • There is a blanket prohibition on travel to Canada from outside the U.S. except for those who fit within the following exemptions:
    • Immediate family members of a Canadian citizen or permanent resident;
    • An immediate family member of a foreign national resident of Canada (an authorization letter from IRCC is required);
    • Work permit holders or holders of a work permit approval notice:
      • Unlike those coming from the U.S., if you are visa-exempt you can no longer apply for a permit at the port of entry. You must be pre-approved for a work permit at a consulate prior to entry.
    • Study permit holders or holders of study permit approval notice issued before March 18, 2020;
    • Those deemed by the Public Health Agency of Canada to provide an essential service;
    • Those whose presence is deemed by a Designated Minister to be in the national interest:
      • A foreign national can request a pre-opinion from a Designated Minister to determine if their presence is of national interest;
      • This exemption is extremely discretionary and made on a case by case basis by the Designated Minister.

Quarantine Procedure Upon Entry Into Canada

All persons entering Canada must isolate for 14 days. This quarantine procedure applies to all people, regardless of citizenship or status in Canada. If you are allowed entry into Canada, you must quarantine in order to comply with the law. Upon arrival at the port of entry, you must be able to present a credible quarantine plan to CBSA. Further, CBSA may check up on you to see if you are quarantining properly. If they do decide to check up on you, they will likely call you, but in rare cases, they have been known to check up on people in person. If you do not follow the quarantine procedures, you could be fined up to $1,000,000 and charged criminally.

The following classes of people are exempt from the quarantine rules:

  • Part of a deemed class of persons, including:
    • Persons in trade or transportation;
    • Persons who must cross the border regularly for employment, including critical infrastructure workers;
    • Technicians/specialists required to inspect, maintain, or repair equipment necessary to support critical infrastructure;
      • You must prove to the department of health that you satisfy these exemptions;
  • Those who are determined exempt by a quarantine officer at the port of entry (this is discretionary).

How We Can Help

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

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

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Work Permits

Canadians Exempt From U.S. Freeze on Work Permits

On June 22, the Trump administration announced it would be extending a ban on new green cards issued outside the United States for the remainder of this year. It was also announced that there would be an immediate freeze on temporary work visas, including those used by technology companies and multinational corporations to bring in non-citizen workers. The announcement initially caused alarm and confusion for thousands of Canadians who wondered if they would be impacted.

The Trump administration released a Presidential Proclamation that stated: “In the administration of our nation’s immigration system, we must remain mindful of the impact of foreign workers on the United States labour market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labour”.

The ban on new visas applies to H-1B visas, H-2B visas for non-agricultural seasonal workers, J-1 visas for cultural exchanges and L-1 visas for managers and other key employees of multinational corporations. The ban on H-1B visas will heavily impact technology company workers and their families.

A senior official in the Trump administration suggested that the restrictions will open up 525,000 jobs for Americans, however not everyone is supportive. The chief executive officer of the U.S. Chamber of Commerce made a statement about how the ban will harm the American economy:

“Putting up a ‘not welcome’ sign for engineers, executives, IT experts, doctors, nurses and other workers won’t help our country, it will hold us back,” he said. “Restrictive changes to our nation’s immigration system will push investment and economic activity abroad, slow growth, and reduce job creation.”

Canadian Workers Exempted

When the announcement was first made, it was unclear how, or if, it would impact the thousands of Canadians employed or looking to become employed in the U.S. More than 4,000 Canadians filed for H-1B visa applications in each of the last two years. Furthermore, Canadian executives of cross-border corporations operate with L1 business visas. A freeze on L-class visas for Canadians would have a significant impact on the operations of affected corporations.

However, on Wednesday, two days after the initial announcement, the American Immigration Lawyers Association informed its members that it had received assurances from U.S. Customs and Border Protection that Canadians were to be exempted from the order. The well-established arrangement between the two countries, which permits Canadians to enter the U.S. without a visa so long as they have a passport, remains in place. Further, Canadians are permitted to continue to request non-resident worker status at the point of entry from U.S. border officials.

How the Freeze Could be a Boon for Canadian Businesses

While the freeze will no doubt have a negative impact on skilled workers entering the U.S., some Canadian businesses see it as an opportunity for growth in Canada. With thousands of skilled workers barred from entering the U.S. from around the globe, Canada may be positioned to secure unprecedented numbers of top talent across several industries. Businesses with both a Canadian and U.S. presence, in particular, may look to hire people originally bound for the U.S. and have them work in Canada instead.

After the regulation was announced earlier this week, one company, the tech giant Shopify, began to actively entice workers to move to Canada instead of the U.S., taking to social media to post:

“If this affects your plans consider coming to Canada instead. If getting to the U.S. is your main objective you can still move on south after the H1-B rules change. But Canada is awesome. Give it a try.”

Another business specializing in recruiting tech workers for businesses looking to expand operations in Canada is actively looking into ways they can track down and reach out to workers who have been shut out of the U.S. under the new rules. It appears likely that other companies and recruiters will soon follow.

How We Can Help

If you or your business requires assistance with individual or large-scale immigration matters, we are here to help. Our lawyers are exceptionally experienced in all immigration matters, including assisting businesses with skilled worker permits.

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

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COVID-19 Immigration & Travel Issues Work Permits

Travelling to Canada During COVID-19: Who Qualifies as Essential?

As announced earlier this month, the Canada-United States border will remain closed to all non-essential travel until June 21 at the earliest. This means that while travel is restricted, the border is not completely closed, as personnel deemed to be essential can still cross the border. People have still been coming into Canada from abroad, albeit in much smaller quantities compared to before the ban was imposed.

In the time period from the initial border closure on March 23 to the date of this posting, approximately 200,000 international travellers have landed at Canadian airports, including approximately 76,000 Americans. Although these numbers may seem large, especially when our borders are supposed to be all but closed to non-essential travel, the number of travellers let in during this time period represents a 97-99% decrease from last year’s number of visitors to Canada over the same time period in 2019.

What is Non-Essential Travel?

Before attempting to travel to Canada, it is important to take note of the Canadian Border Services Agency examples of non-essential travel. Some examples of non-essential travel that may result in travellers being returned to the United States at the border include:

  • Visiting family, friends, a girlfriend, boyfriend or fiancé;
  • Attending a party or celebration;
  • Going to a restaurant for take-out;
  • Driving in transit for the purpose of taking a shortcut through Canada to get to a U.S. destination faster
  • Sightseeing;
  • Fishing or hunting; and
  • Opening or checking on a cottage or seasonal home.

This list is not necessarily exhaustive and entry to Canada may be barred for other reasons, if the purpose of the travel is deemed by the Canadian Border Services Agency to be non-essential. However, if you are a Canadian citizen or permanent resident, you have the right to enter Canada but must isolate for 14 days following entry.

Mandatory 14-Day Self Isolation Period

Anyone entering Canada during the restricted border period must have a plan to quarantine for 14 days, regardless of the presence of the characteristic symptoms of COVID-19. There are penalties for not following a quarantine plan, which may include:

  • A fine of up to $750,000
  • Six months of jail time
  • Being found inadmissible, removed from Canada and banned from entering for 1 year

Police officers have checked up on around 2,200 Canadians who are supposed to be in self-isolation since returning from abroad. The monitoring of travellers coming back to Canada may be increased based on comments Prime Minister Trudeau made recently:

“[W]e need to do more to ensure that travellers who are coming back from overseas or from the United States … are properly followed up on, are properly isolated and don’t become further vectors for the spread of COVID-19.”

Although no arrests have been made, it is important to adhere to the 14-day self-isolation as there could be both serious legal and health consequences for breaking self-isolation.

What is Essential Travel?

Essential travel refers to travel for reasons that are non-discretionary and non-optional. Some examples of essential travel purposes include:

  • Work and study
  • Critical infrastructure support
  • Economic services and supply chains
  • Shopping for essential goods, such as:
    • Medication
    • Items necessary for the health and safety of an individual or family
  • Health, immediate medical care, safety and security

Other categories of people that are considered essential and exempt from the travel restrictions provided they do not show COVID-19 symptoms include people who are making medical deliveries required for patient care, work in the trade and construction sector who are important for the movement of goods and people, cross the border regularly to go to work and those who have to cross the border to provide or receive essential services.

International Students

International students who have a valid study permit are considered exempt from the travel restrictions and will be able to enter Canada as long as they comply with certain conditions. International students will be subject to a health check by an airline official to ensure that they do not show signs of COVID-19, they must comply with the 14-day quarantine period after arrival in Canada and they must bring their valid study permit.

Visitor Visas

Despite the travel restrictions caused by COVID-19, visitor visas to Canada are still being processed. However, on the visitor visa application, the applicant must specify if they qualify for an exemption from travel restrictions or that their travel to Canada is essential in order for their visitor visa application to be processed. The process for receiving a visitor visa has become more stringent as a result of COVID-19.

How We Can Help

Being turned away at the border can be very costly in terms of both money and time, so advice from a legal team experienced in both Canadian and U.S. immigration law is essential. If you have doubts about whether you should be classified as essential or non-essential we are here to help.

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

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Work Permits

CERB Application Made Easier for Temporary Foreign Residents

In response to the COVID-19 pandemic, the Canadian Government established the Canada Emergency Response Benefit (“CERB”). CERB provides workers with $500 per week for up to 16 weeks if the worker has stopped working because of reasons related to COVID-19.

The federal government website setting out the rules around eligibility and the application process states that workers are eligible for benefits under CERB if they:

  • Reside in Canada and are at least 15 years old; 
  • Have stopped working for reasons related to COVID-19 or are eligible for Employment Insurance regular or sickness benefits or have exhausted their Employment Insurance regular benefits or Employment Insurance fishing benefits between December 29, 2019 and October 3, 2020; 
  • Had employment and/or self-employment income of at least $5,000 in 2019 or in the 12 months prior to the date of their application; and,
  • Have not quit their job voluntarily.

Additionally, applicants submitting their first or a subsequent claim, must not have earned more than $1,000 in employment and/or self-employment income for 14 or more consecutive days within the four-week benefit period of the first or subsequent claim.

CERB for Temporary Foreign Residents

The Canadian government had previously announced that the CERB is available to non-citizens and permanent residents, as long as they meet the eligibility requirements, which include residing in Canada and having a valid Social Insurance Number.

Additionally, last week, it was reported that the federal government has taken new steps to make it easier for international students and other temporary foreign residents to receive CERB benefits.

According to a memo sent to claims processors for CERB, short-term immigrants are only required to give their word that they have a valid work permit or have applied for a renewed one in order to obtain CERB payments. Up until this change, such workers had been required to email an image of their valid work or work/study permit or confirmation they had applied to renew an expired one, to Employment and Social Development Canada.

However, this email requirement has been waived and those processing CERB claims are now only required to verbally obtain confirmation of an applicant’s work permit details, according to the memo sent to Employment and Social Development Canada officials handling CERB applications. 

This directive will apply to otherwise eligible CERB applicants who have a “900-series” Social Insurance Number, which includes applicants ranging from students to refugee claimants to temporary foreign workers and executives transferred from other countries, all of whom are not Canadian citizens or permanent residents.

Further Information

The CERB benefit is available from March 15, 2020, to October 3, 2020, but may only be claimed for 16 weeks during that time. Applicants must file their claim no later than December 2, 2020 for payments retroactive to a date within that period.

Applicants are asked to apply online, but may also apply by calling the toll free number 1-833-966-2099.

CERB is available to those who stop working for reasons related to COVID-19, such as: 

  • Losing their job;
  • They are in quarantine or sick due to COVID-19;
  • They are taking care of others who are in quarantine or sick due to COVID-19; and/or
  • They are taking care of children or other dependents whose care facility is closed due to COVID-19.

However, a worker is not eligible for the benefit if they voluntarily quit their job.

Applicants will be asked to provide their personal contact information, their Social Insurance Number and to confirm that they meet the eligibility requirements. Recipients of CERB payments may be asked to provide additional documentation to verify their eligibility at a future date. Applicants are not required to provide a medical certificate to prove they are in quarantine or sick from COVID-19. Additionally, a Record of Employment is not required to apply for CERB, although employers are encouraged to provide a Record of Employment in the event that any employee should subsequently apply for Employment Insurance benefits.

It should also be noted that an applicant’s eligibility will largely be based on information provided by the applicant. If an applicant received benefits based on incorrect or invalid information, they will likely be required to repay any amounts extended to them under the CERB program.

Get Advice

It is a difficult time for all, and the situation is constantly evolving. The immigration lawyers at Garson Immigration Law continue to monitor changes closely and will provide ongoing updates as the situation evolves. If you have questions about how COVID-19 might impact your business’s immediate and long-range immigration needs, or an existing or in-progress work permit, please reach out to the immigration lawyers at Garson Immigration Law by contacting us online or by calling us at 416-321-2860.

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Work Permits

Canada/U.S. Border Closure Extended to June 21st, 2020

In response to the COVID-19 pandemic, both Prime Minister Trudeau and U.S. President Donald Trump previously announced their decision to close the border by mutual agreement on March 18th, 2020. The policy took effect on March 20th.

When the border closure was first announced, Prime Minister Trudeau indicated that it would be temporary but did not provide an estimate for when the restriction would be lifted.

However, this week, Prime Minister Justin Trudeau announced that the United States had agreed to extend the mutual ban on non-essential border crossings for another 30 days. 

During his announcement on May 19, Trudeau stated: 

“We’ve given ourselves another month before we have to have the right answers to those questions on non-essential travel.

Even now, we know that we need to do more to ensure that travellers who are coming back from overseas or from the United States, as Canadians, are properly followed up on, are properly isolated and don’t become further vectors for the spread of COVID-19.

We’re working closely with the provinces to ensure that arrival of people into Canada — even now, but certainly, once we get to a point where non-essential travel picks up again in the coming months, I guess — we need to have strong measures in place.”

Acting U.S. Department of Homeland Security director Chad Wolf made a similar announcement on the same day, explaining that the U.S. would be extending its border closures with Canada and Mexico by an additional 30 days. He stated:

“The President has made it clear that we must continue to keep legitimate, commercial trade flowing while limiting those seeking to enter our country for non-essential purposes. Non-essential travel will not be permitted until this administration is convinced that doing so is safe and secure.”

Asked about the issue later that day, President Donald Trump stated:

“As things clean up in terms of the ‘plague,’ we’re both going to want to do the normal — we want to get back, everything we want to get back to normal.”

Currently, the United States has over 1.5 million confirmed COVID-19 cases and over 93,000 deaths; Canada has reported 80,102 cases and 6,028 deaths, as of this posting.

While Quebec has been the epicentre of the COVID-19 pandemic in Canada, with approximately 55% of all cases and over 60% of all deaths, Ontario has also been hard hit, representing almost 30% of all Canadian cases and 32% of all deaths. Ontario Premier Doug Ford has expressed his opinion on the continued border closure, stating last week:

“Right now, we’re going to have to keep the borders closed … we just can’t risk it.”

As we previously explained, the border closure prohibits all non-essential travel, such as vacations and cross-border shopping, but allows essential travel without restricting trade, commerce and essential employees. 

Looking Ahead

We do not yet know when the border will reopen to non-essential travellers, but the Prime Minister has not ruled out a further extension beyond June 21st. However, once more travel is permitted, it is expected that additional precautions will be in place.

According to Canada’s Chief Public Health Officer, Dr. Teresa Tam, the current restrictions on travel have been essential to Canada’s ability to flatten the curve during the first wave of the virus. In order to continue in these efforts once the border reopens, it is expected that all people arriving in Canada will be subject to a 14-day quarantine period upon arrival. Given that, it seems like it will be a while yet before causal day or weekend trips across the border will be a feasible option.

Border communities in Canada have reacted positively to the ongoing closure, as essential border crossings have been operating smoothly, while the restrictions have helped to limit the community transmission of COVID-19.

Get Advice

It is a difficult time for all, and the situation is constantly evolving. The immigration lawyers at Garson Immigration Law continue to monitor changes closely and will provide ongoing updates as the situation evolves. If you have questions about how COVID-19 might impact your business’s immediate and long-range immigration needs, or an existing or in-progress work permit, please reach out to the immigration lawyers at Garson Immigration Law by contacting us online or by calling us at 416-321-2860.

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Work Permits

Canada Announces New Policy for Temporary Foreign Workers To Fill Positions More Quickly Amid COVID-19 Pandemic

This week, the Canadian Government announced a new, temporary policy that will drastically reduce the time it takes for temporary foreign workers (TFWs) to start a new job. This new policy took effect on May 12, 2020.

While it would typically take 10 weeks or more for a TFW to start a new job, the new policy will cut that time down to 10 days or less.

As we had previously discussed, Canada is in urgent need of TFWs. Specifically, many employers in sectors that have ongoing labour needs and who provide critical goods and services to Canadians, such as agriculture, agri-food and health care, find themselves with an urgent need for additional employees. As stated by the Honourable Marco E.L. Mendocino, Minister of Immigration, Refugees and Citizenship:

Immigrants, temporary foreign workers and international students are making considerable contributions to Canada’s response to the unprecedented challenge that COVID-19 poses. We know and value their efforts and sacrifices to keep Canadians healthy and ensure the delivery of critical goods and services. The new policy we are announcing will allow Canadian businesses to recruit the workers they need and help unemployed workers contribute to the Canadian economy during this pandemic.

As a result of the COVID-19 pandemic, many TFWs with employer-specific work permits lost their jobs. While some left Canada, others have been unable to leave due to international travel restrictions or the reduction in flights available. Under existing rules, to change jobs TFWs need to apply for a new work permit and then wait for it to be issued before starting to work at their new job.

The new policy will allow workers who are already in Canada and have secured a new job offer, typically backed by a Labour Market Impact Assessment, to obtain approval to begin working in their new job, even while their work permit application is still being processed. 

Eligible Workers

To be eligible, the worker must:

  • Be in Canada with valid status;
  • Have an employer-specific work permit or have been working under a work permit exemption; and
  • Have submitted an application for a new work permit with a valid job offer under either the Temporary Foreign Worker Program or the International Mobility Program.

Application Process for Workers

If eligible, the work permit applicant must submit a request to Immigration, Refugees and Citizenship Canada (IRCC).

The applicant must: 

  1. Apply for a new work permit from inside Canada. Most people must apply online, but if they can’t because of a disability or because there is a problem with the online application, they can apply on paper.
  2. After applying for the new work permit, the worker must fill out the IRCC Web form.

The request will be reviewed within 10 days, and if approved, authorization for the worker to start working in their new job will be sent to them by email.

Process for Employers

The Government has stated that there is no change to the role of the employer in the process for hiring foreign workers. 

As a result, an employer continues to be required to: 

  • Have, or obtain, a valid positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada;
  • Name the worker in a position on the LMIA; and 
  • Notify Service Canada.

However, for an employer-specific, LMIA-exempt situation, the employer must submit an offer of employment through the International Mobility Program Employer Portal. 

It should also be noted that on March 20th, 2020, IRCC announced that the normally mandatory two-week recruitment period that is part of the LMIA process will be waived in key occupations related to the agriculture and agri-food sectors until October 31, 2020.

Get Advice

It is a difficult time for all, and the situation is constantly evolving. The immigration lawyers at Garson Immigration Law continue to monitor changes closely and will provide updates as the situation evolves. If you have questions about how COVID-19 might impact your business’s immediate and long-range immigration needs, please reach out to the immigration lawyers at Garson Immigration Law by contacting us online or by calling us at 416-321-2860.

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Business Visitors Work Permits

Canada’s International Mobility Program for Performers: An Overview

With several major cities and film and television production hubs in Vancouver, Toronto and other pockets of the country, Canada is a major destination for entertainment performers in a variety of professions. Whether moving to Canada temporarily to work on a television production or playing a two-night concert in Toronto or Winnipeg, all performers arriving to work in Canada must obtain either a temporary work permit or authorization to enter and work without a permit.

Typically, employers looking to bring foreign employees into Canada on a work permit must also obtain what is known as a Labour Market Impact Assessment, which is further explained below. This assessment can add significant time and cost to the process of obtaining a permit, however, some employers and employees in the entertainment field are exempt through the International Mobility Program (IMP). Below, we look at the basics that performers and employers should know about both work-permit exempt entry as well as how the IMP can save employers time and money when hiring foreign workers for longer-term positions in the entertainment industry.

Two Streams of Entry for Foreign Performers and Associates

When it comes to performers entering Canada for work, there are two ways to go about it. The path to be taken will be dependent on the type of work the person will be engaging in and the length of time they will be in the country. In some cases, those entering Canada for a limited engagement will not require a work permit and will be considered a business visitor instead. For those looking to work in Canada for an extended period of time, they will be classified as a temporary foreign worker and will require a work permit. The time required for each stream is quite different and anyone looking to enter Canada as a performer (or hire a foreign worker in Canada) should be aware of the timing in advance to be sure they start the process early enough to avoid production delays.

No Work Permit Required

For those entering Canada for work that is not deemed part of Canada’s labour force, a work permit or visa is not required. However, it is still important to declare the purpose for the trip and obtain the necessary authorization to enter for work purposes. Examples of entertainment-related work that will generally exempt performers, crew and other associated employees from the need to obtain a work permit requirement are:

  • Limited engagement concert tours
  • Touring theatre productions
  • Musicians and buskers performing in music festivals
  • Competition judges

Work Permit Required

Those who are entering Canada for an extended working arrangement are generally considered to be entering the Canadian workforce and will therefore be required to go through the necessary process of obtaining a work permit. Typically, anyone entering Canada to work on a television or film production in Canada will be considered a temporary foreign worker rather than a business visitor. Similarly, anyone said to be entering into an employment relationship with a Canadian employer will also require a permit. An employment relationship is an arrangement that requires a performer to perform on a regular basis over a period of time in the same venue. To illustrate this concept, consider a musician playing a three-night gig at a bar (business visitor) vs. a musician hired to perform two nights per week for a period of six months (temporary foreign worker).

Ordinarily when a Canadian employer is looking to bring a foreign worker into the country under a work permit, they will also be required to go through the process of obtaining a Labour Market Impact Assessment (LMIA). This requires the employer to advertise the position in Canada and demonstrate that the role could not otherwise be filled by a Canadian citizen or permanent resident. However, under Canada’s International Mobility Program, certain roles are exempted from the LMIA process, saving significant time and cost for all involved.

For example, film and television productions in Canada are not required to obtain an LMIA for performers and crew brought in from outside of Canada. The reason for this is that attracting high value film and television productions to Canada creates a significant economic benefit for Canadians in general. Commonly, when a television show or film is produced in Canada, a portion of the cast and some of the crew may be brought in from outside of the country, but the production also often hires locally for supporting roles and a large portion of the crew. These roles are often well-paying and unionized, therefore providing a significant benefit to the local area.

Anyone who is unsure of which stream will be appropriate for their needs, or who requires guidance in navigating the complex immigration requirements should reach out to an experienced immigration lawyer to discuss their options well in advance to ensure they avoid potential delays.

Effects of COVID-19 on Entry into Canada for Performers

Due to the current global pandemic, large gatherings of people are currently not permitted in the country, which means that concerts, theatrical productions, and even television sets have been temporarily cancelled or shut down. Further, the Canada/U.S. border is currently closed to anything other than essential travel. As a result, it’s likely that any performer seeking entry into Canada at the present time would be turned away as being non-essential. It is unknown when things will begin to return to some version of “normal”, allowing bars and restaurants to reopen, theatres to begin staging shows or movie and television production to resume.

The immigration lawyers at Garson Immigration Law will continue to monitor all developments surrounding immigration in relation to COVID-19 and will provide updates as we receive them. If you have questions about the International Mobility Program, entering Canada as a performer, or how COVID-19 might impact your business’s immediate and long-range immigration needs, please reach out to Garson Immigration Law online or by calling us at 416-321-2860.

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Work Permits

Crossing the U.S./Canada Border During COVID-19

While both Canada and the U.S. struggle to slow the spread of COVID-19 in both countries, several travel restrictions have been implemented over the past several weeks. One of those restrictions has been the decision to close the border between Canada and the United States to all but essential travel for an indefinite period. The decision to close the border was announced by both Prime Minister Trudeau and President Trump by mutual agreement on March 18th, and the policy took effect on March 20th.

This closure has left people with many questions about the length of time the restrictions will be in place, as well as how essential vs. non-essential travel is being determined at the border. Below, we will outline the information that has been provided in an attempt to provide clarity wherever possible.

Restrictions Will Not Be Lifted Anytime Soon: Prime Minister

When the border closure was first announced on March 18th, Prime Minister Trudeau indicated that the protocol would be temporary but did not provide an estimate for when the restriction would be lifted. Nearly a month after the initial announcement, the Prime Minister again spoke on the subject on April 14th, when he addressed questions about when the country could expect things to “get back to normal”.

With respect to the border issue specifically, the Prime Minister said that the current restrictions are likely to remain in place for several more weeks, saying:

In regards to the American border, travel restrictions are going to remain extremely important in terms of containing the spread of COVID-19 in Canada, and we’re going to continue to work with the Americans and people around the world to ensure that we continue with these restrictions.

The current agreement between the countries regarding the closure of the border currently extends to May 21st, and must be renewed before then, however it remains to be seen how long it will be extended for.

Essential vs. Non-Essential Travel

One of the key issues that the closure has raised is how border officials will determine essential vs. non-essential travel. This appears largely to be decided on a case-by-case basis, though anyone attempting to cross the border for tourism or recreational purposes can expect to be turned away.

The U.S. Embassy & Consulates in Canada website has provided some clarity on what is considered essential for those entering the U.S. from Canada:

  • Citizens and lawful permanent residents returning to the U.S.
  • Individuals travelling to receive medical treatment in the U.S.
  • Individuals travelling to attend educational institutions
  • Individuals travelling to work in the U.S.
  • Individuals travelling to assist with emergency response or public health matters
  • Individuals engaged in lawful cross-border trade (e.g. transport truck drivers)
  • Individuals travelling for government, diplomatic or military purposes

One key point stressed by both Canada and the U.S. is that shipments, trade and commerce will not be affected by the travel restrictions in an effort to protect the supply chain on both sides of the border.

It should be noted that while travel for the purpose of assisting with medical or health care is currently permitted, some are starting to question whether health care providers should be allowed to travel between the two countries. In a recent article in the National Post, a former chief diplomatic officer in the U.S. Department of Homeland Security’s policy office noted that there is pressure on both sides of the border to restrict health-care workers from crossing the border in order to further limit the spread of the virus.

“Credible Quarantine Plan” Required for Anyone Returning to Canada

In his comments on April 14th, the Prime Minister also announced tighter restrictions for those returning to Canada, effective midnight on April 15th. Anyone returning to Canada from abroad will now be required to present a “credible quarantine plan” or they will be forced to spend their first 14 days in the country in a government-provided quarantine location, such as a hotel. This follows a previous policy implemented in March under the Quarantine Act which required anyone returning to Canada to self-isolate for 14 days.

A credible plan would require that the person have somewhere they can go that would not put anyone vulnerable at risk, where they can isolate for the required period. If, for example, the plan included sharing accommodations with elderly or immunocompromised relatives, the plan would not be considered credible.

The response on both sides of the border is continuing to evolve at a rapid pace. The immigration lawyers at Garson Immigration Law continue to monitor changes closely and will provide ongoing updates as the situation changes. If you have questions about how COVID-19 might impact your business’s immediate and long-range immigration needs, or an existing or in-progress work permit, please reach out to the immigration lawyers at Garson Immigration Law by contacting us online or by calling us at 416-321-2860.