IMPACT — HIGH

The Canadian government recently announced that family members, including spouses and working-age children, of certain temporary foreign workers will be able to apply for work permits in January.

Key Points:

  • For a two-year period beginning in January 2023, working-age children and spouses of temporary foreign workers employed in a high-skill occupation — including jobs in healthcare, trades and hospitality — can apply for work permits.
  • Previously, spouses were the only family member eligible for a work permit if the primary applicant worked in a high-skill occupation.
  • This temporary measure will be implemented in three phases, beginning with the high-wage stream of the Temporary Foreign Worker Program and the International Mobility Program:
    • Phase 1: Family members of workers coming to Canada through the high-wage stream of the Temporary Foreign Worker Program or the International Mobility Program will be able to apply for an open work permit.
    • Phase 2: Family members of workers from the low-wage stream of the Temporary Foreign Worker Program will be able to apply for an open work permit.
    • Phase 3: Authorities will meet with agricultural partners and stakeholders to assess if it is feasible to expand the measure to family members of agricultural workers.

Additional Information: The Canadian government estimates that family members of more than 200,000 foreign workers could begin working in Canada, offering a greater opportunity for both foreign workers seeking to work in Canada and for employers addressing their labor needs.

BAL Analysis: Canadian authorities announced the expansion of work permit eligibility to family members of temporary foreign workers to address labor shortages across the country.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT — MEDIUM

The Canadian government recently launched the 2023 International Experience Canada program, increasing the number of younger foreign nationals who can apply.

Key Points:

  • Beginning Jan. 9, 2023, foreign nationals from 36 countries between the ages of 18 and 35 (depending on their nationality) can apply for the 2023 IEC program to work in Canada for 12 to 24 months. Applicants can apply through the:
    • Young Professionals category. Young Professionals participants receive an employer-specific work permit to gain targeted professional work experience that is within their field of study or career path.
    • International Internship category. International Co-op (Internship) participants receive an employer-specific work permit that allows students to gain targeted experience in their field of study.
    • Working Holidays category. Working Holidays participants receive an open work permit that allows them to work anywhere in the host country to support their travels.
  • The duration of stay, number of times an individual can apply and what categories the individual can apply for is dependent on their nationality. Applicants are encouraged to use this website to determine their eligibilities.
  • The 2023 IEC program will permit 90,000 foreign nationals to apply to work and live in Canada.
  • More information regarding the 2023 IEC program is available here.

Additional Information: IEC program participants’ dependents are not allowed to come to Canada through the IEC program. However, they can apply to visit, study or work in Canada through other visa pathways.

BAL Analysis: Canadian authorities launched and expanded the 2023 IEC program to help employers fill labor gaps, including for seasonal work opportunities in Canada’s tourism industry.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT — MEDIUM

The Canadian and Italian governments have introduced the bilateral Youth Mobility Agreement, allowing certain Canadian and Italian nationals to live and work in the two countries.

Key Points:

  • The Youth Mobility Agreement allows Canadian and Italian nationals between the ages of 18 and 35 to live and work in each country for up to 12 months through three possible immigration categories.
    • Young workers category. Young Professionals participants receive an employer-specific work permit to gain targeted professional work experience that is within their field of study or career path.
    • International internship category. International Co-op (Internship) participants receive an employer-specific work permit that allows students to gain targeted experience in their field of study.
    • Working Holidays category. Working Holidays participants receive an open work permit that allows them to work anywhere in the host country to support their travels.
  • Canadian and Italian nationals are able to participate in the Youth Mobility Agreement twice, allowing participants to live and work in Canada or Italy for up to 24 months.

Additional Information: Eligible Italian nationals can find more information regarding the Youth Mobility Agreement through Canada’s International Experience Canada Program website; eligible Canadian nationals can find more information about the program through this website.

BAL Analysis: Canadian and Italian authorities introduced the Youth Mobility Agreement to improve bilateral relations and labor market access for their youth between the ages of 18 and 35.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT — MEDIUM

The Canadian government recently announced that it will soon transition to the 2021 National Occupational Classification system.

Key Points:

  • Canadian authorities will transition to the 2021 NOC system on Nov. 16. This means:
    • The current 2016 NOC skill type and skill level structure (NOC 0, A, B, C and D) will be replaced with a six-category system, representing the training, education, experience and responsibilities (TEER) needed to work in an occupation.
    • Four-digit occupation codes will become five-digit codes.
    • The eligibility criteria for all programs that use NOC will be updated.
  • The TEER categories and examples of jobs are as follows:
TEER Occupation types: Examples:
TEER 0 Management occupations Advertising, marketing and public relations managers
Financial managers
TEER 1 Occupations that usually require a university degree Financial advisors
Software engineers
TEER 2 Occupations that usually require a college diploma, apprenticeship training of two or more years, or supervisory occupations Computer network and web technicians
Medical laboratory technologists
TEER 3 Occupations that usually require a college diploma, apprenticeship training of less than two years or more than six months of on-the-job training Bakers
Dental assistants and dental laboratory assistants
TEER 4 Occupations that usually require a high school diploma or several weeks of on-the-job training Home child care providers
Retail salespersons and visual merchandisers
TEER 5 Occupations that usually need short-term work demonstration and no formal education Landscaping and grounds maintenance laborers
Delivery service drivers and door-to-door distributors

Additional Information: The transition to the 2021 NOC system may affect prevailing wages for various occupations; however, Canadian authorities have yet to announce these changes.

BAL Analysis: The 2021 NOC system is expected to affect those applying through permanent residence and temporary work permit programs, including Express Entry, the Atlantic Immigration Program and the Provincial Nominee Program, among others. Those affected by the transition to the 2021 NOC system change should note the updated eligibility requirements to avoid possible complications and/or delays. BAL will provide more information on the transition to the 2021 NOC and the impact it may have on prevailing wages when it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT — MEDIUM

The Canadian government announced its immigration projections for the next three years.

Key Points:

  • The Canadian government plans to allow 465,000 new permanent residents in 2023, 485,000 in 2024 and 500,000 in 2025.
  • The targets for economic migration programs are as follows:
Program 2023 2024 2025
Federal High Skilled 82,880 109,020 114,000
Provincial Nominee Program 105,500 110,000 117,500
Federal Economic Public Policies 25,000 TBD TBD
Atlantic Immigration Program 8,500 11,500 14,500
Federal Business 3,500 5,000 6,000
Economic Pilots 8,500 12,125 14,750
  • The plan also calls for increases to family-based immigration, with 2025 targets of 82,000 for spouses and children and 36,000 for grandparents and parents of Canadian citizens and foreign residents.

BAL Analysis: Employers and foreign nationals should take the projected goals into account when applying for residence permits in Canada.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The Canadian government has announced that it will accept up to 15,000 applications this year for sponsorship through the Parents and Grandparents Program.

Key Points:

  • Canadian authorities have begun sending invitations to apply to 23,100 potential sponsors who submitted an interest to sponsor form between Oct. 13, 2020, and Nov. 3, 2020.
  • Canadian authorities will send invitations to apply to randomly selected potential sponsors from the existing pool instead of opening a new interest to sponsor form.
  • Those who submitted an interest to sponsor form in 2020 but did not receive an invitation to apply in January 2021 or September 2021 are encouraged to check the email account they provided when they submitted their form.
  • Individuals who are invited to apply should use the new Permanent Residence Portal or the Representative Permanent Residence Portal to submit their application.

Additional Information: More information on how to apply through the Parents and Grandparents Program is available here.

BAL Analysis: Potential sponsors are encouraged to apply as soon as possible upon receiving an invitation to apply through the Parents and Grandparents Program. Those who did not receive an invitation to apply this year should consider having their parents or grandparents apply for a super visa.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The Canadian government has announced that it will temporarily lift its limit on off-campus work hours for study permit holders.

Key Points:

  • Beginning Nov. 15, 2022, to Dec. 31, 2023, study permit holders who are in Canada and have off-campus work authorization will be able to work more than 20 hours per week.
  • Until Nov. 15, study permit holders who have off-campus work authorization are not allowed to work more than 20 hours per week.
  • Foreign students who are not currently in Canada but have submitted a study permit application will be able to work more than 20 hours per week off campus after Nov. 14.

Additional Information: Canadian authorities are launching a pilot program to automate the processing of study permit extension applications this month. The program will initially be available to a small group of applicants who could see their study permit extension processed more quickly. If the pilot is successful, the program will be made available to more foreign students to reduce application processing times.

BAL Analysis: The Canadian government lifted the limit on off-campus work hours to help address labor market shortages and help foreign students gain work experience in Canada. BAL will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The Canadian government has announced that it will lift all COVID-related entry requirements for those traveling to the country.

Key Points:

  • Beginning Oct. 1, individuals traveling to Canada will no longer be required to:
    • Submit public health information through ArriveCAN.
    • Provide proof of a COVID-19 vaccination.
    • Take a COVID-19 test before or after arrival.
    • Undergo a quarantine.
    • Self-monitor for COVID-19 symptoms after arrival.
  • Travelers who entered Canada in the 14 days before Oct. 1 will not be required to complete the remainder of their quarantine or isolation or complete COVID-19 testing requirements.
  • Those who are entering Canada before Oct. 1 must submit health information through ArriveCAN within 72 hours before arrival and provide proof of their COVID-19 vaccination. Those who are not fully vaccinated and have no health exemptions must take additional COVID-19 tests on the first and eighth day of their mandatory quarantine.
  • More information regarding Canada’s COVID-19 entry requirements in place until Oct. 1 is available here.

Additional Information: Travelers can continue to use ArriveCAN to save time at the airport by submitting their customs and immigration information before entering the country.

BAL Analysis: COVID-19 entry requirements will no longer apply to those traveling to the Canada after Sept. 30. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The Canadian government has announced that it will move its permanent residence application process online.

Key Points:

Date Category
Sept. 23, 2022
  • Provincial nominee program (non-Express Entry)
  • Quebec-selected skilled workers
  • Sponsoring a spouse or partner
  • Sponsoring a dependent child
  • Sponsoring an eligible relative
  • Sponsoring an orphaned sibling, niece or nephew, or grandchild
  • Adopting a child through the immigration process
  • Rural and Northern Immigration Pilot
Oct. 7, 2022
  • Quebec-selected investors
  • Quebec-selected entrepreneurs
  • Self-employed people (Quebec)
Oct.14, 2022
  • Agri-food pilot
  • Start-up visa
  • Temporary resident permit holders applying for permanent residence
Oct. 21, 2022
  • Home Support Worker Pilot
  • Home Child Care Provider Pilot (reopens to new applications on Jan. 1, 2023)
  • Humanitarian and compassionate grounds
  • Self-employed people (federal)
Oct. 28, 2022
  • Atlantic Immigration Program

Additional Information: Foreign nationals who are not able to apply online, must contact Immigration, Refugees and Citizenship Canada for alternative application methods.

BAL Analysis: Canadian authorities are aiming to modernize their immigration system to improve client services and reduce application processing times by moving to a 100% online application process.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The Canadian government has announced plans to further reduce its visa application backlogs.

Key Points:

  • Canadian authorities plan to hire up to 1,250 new employees by fall 2022 to help reduce backlogs in the short-term.
  • Immigration, Refugees and Citizenship Canada (IRCC) stated that the expanded workforce will help “reduce wait times and return to pre-pandemic service standards for new clients, including the six-month service standard for the Express Entry permanent residence pathway, the 12-month service standard for family reunification through spousal sponsorship, and permanent resident cards.”
  • Applicants will be able to check the status of application backlogs through the IRCC’s monthly data update.
  • Information regarding current processing times for specific application types is available here.

BAL Analysis: Canadian authorities are aiming to reduce backlogs to increase their ability to attract top talent from around the world and help solve labor shortages in key industries, including agriculture, health care, skilled trades, tourism and transportation.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.