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IMPACT – MEDIUM
What is the change? Citizenship and Immigration Canada has begun returning Canadian Experience Class permanent residence applications that were filed on or after Oct. 20, 2014, because a cap of 8,000 applications had already been reached on that date. Applicants were not notified that the cap was reached.
What does the change mean? Those who filed Canadian Experience Class permanent residence applications Oct. 20, 2014, or later are required to resubmit their applications using Canada’s new Express Entry system.
Background: In May 2014, Canada capped the number of Canadian Experience Class permanent residence applications before the new Express Entry system took effect. The cap was exhausted in October, but because of problems in notifying people, applicants continued to file applications. Those that were filed after Oct. 20, 2014 are now being returned.
Canadian Experience Class applicants must now use the Express Entry system when applying for permanent residence. Under a points-based system, those ranked highest will receive an invitation to apply for permanent residence. The first invitations to apply, issued Jan. 31, made it clear that applicants with job offers have a significant advantage over applicants without offers.
BAL Analysis: Employers should work with their BAL attorney to explore options for affected temporary foreign workers to retain work authorization.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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