IMPACT – MEDIUM

The Canadian government has extended its suspension of direct flights from India and announced plans to require vaccinations for certain travelers in the coming months.

Key Points:

  •   All direct commercial and private passenger flights to Canada from India are suspended until at least Sept. 21.
    • Cargo-only operations, medical transfers and military flights are not included in the suspension.
    • Individuals traveling to Canada from India through an indirect route must obtain a COVID-19 test before leaving the third country.
  •   The Canadian government intends to require all federal employees in the air, rail and marine transportation sectors to be vaccinated against COVID-19 by the end of October 2021 at the latest.
    • All commercial air travelers and passengers on interprovincial trains and large marine vessels, including cruise ships, would have to be vaccinated under the proposed requirement.
    • More information regarding the proposed vaccination requirement can be found here.

Additional Information: The Canadian government still encourages individuals to avoid nonessential travel outside of Canada. Border measures currently in effect remain subject to change as the virus situation changes.

BAL Analysis: 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 © 2021 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.

The Canadian government plans to amend the Immigration and Refugee Protection Act (IRPA) to protect foreign workers’ rights and improve the government’s oversight in the Labor Market Impact Assessment (LMIA).

Foreign workers’ rights:

  • Employers must provide temporary foreign workers an employment agreement.
  • Employers cannot retaliate against whistleblowers.
  • Employers must give reasonable access to health insurance and care when a worker is injured or becomes ill in the workplace.
  • Recruiters are no longer allowed to charge recruitment fees, and employers will be held liable for recruitment practices.

LMIA oversight:

  • The government will more thoroughly review employers who have not previously used the LMIA process.
  • Employment and Social Development Canada (ESDC) can defer processing for any employer who is not complying with LMIA protocols, such as unpaid wages or workers performing unapproved job duties.
  • ESDC may now use third parties to evaluate potential noncompliance.

Additional Information: The government recently updated the Job Bank website to include an updated verified employer library, job search tools and improved data security. A public consultation period on the proposed amendments recently ended; any final changes to the amendments will take that consultation into consideration.

BAL Analysis: The proposed amendments are expected to fill existing gaps in worker protections and improve employer compliance. BAL will continue to monitor changes to the Immigration and Refugee Protection Act and 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 © 2021 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

Immigration, Refugees and Citizenship Canada (IRCC) recently launched a new portal that allows individuals the ability to submit citizenship applications online.

Key Points:

  • As of Aug 11, IRCC has opened its online application system to all applicants 18 and older who:
    • Are applying as an individual (not as a family).
    • Do not have a representative.
    • Are not declaring residence outside Canada as a crown servant or with a crown servant family member.
  • Later this year the online application will be made available to families and minors under the age of 18.
  • In 2022, the online application will open to representatives to apply on behalf of their clients, and to individuals who are declaring residence outside Canada as a crown servant or with a crown servant family member.

Additional Information: If applicants have already applied on paper, they should not reapply online.

In September, a new Permanent Residence Online Application Portal will open, enabling authorized immigration representatives to submit permanent residence applications (non-Express Entry) online on behalf of their clients. More information regarding this new portal can be found here.

BAL Analysis: The online application system intends to make the application process more efficient as part of the Canadian government’s citizenship modernization initiative. BAL will continue to monitor additions to the application system and 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 © 2021 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.

Canada is set to allow fully vaccinated U.S. citizens and permanent residents to enter the country for non-essential travel beginning Aug. 9.

Key Points:

  • Fully vaccinated U.S. citizens and permanent residents currently living in the U.S. will be allowed to enter Canada for non-essential travel on Aug. 9. To be eligible, individuals must:
    • Receive the last applicable dose of a Canadian-approved vaccine at least 14 days before entering Canada and be prepared to show a digital or paper vaccination certificate to government officials upon request.
    • Provide COVID-19-related information through ArriveCAN prior to arrival.
    • Complete the pre-entry testing requirements and be asymptomatic upon arrival.
  • Post-arrival testing will no longer be required unless individuals are randomly selected for testing, and travelers will no longer be required to quarantine in a hotel for three days.
  • Unvaccinated children under the age of 12 and dependent children (due to a mental or physical condition) who are U.S. citizens or permanent residents and are traveling with a fully vaccinated guardian are allowed to enter Canada without having to undergo a 14-day quarantine. Such children may accompany their parents outside but must avoid group settings for the first 14 days in the country and will be subject to testing on days one and eight of entry.

Additional Information: The Canadian government announced it would open its borders on Sept. 7 for non-essential travel for fully vaccinated travelers from any country as long as the COVID-19 situation continues to improve. Such individuals must have received a Canadian-approved vaccine at least 14 days before entering the country.

BAL Analysis: The change will ease procedures for fully vaccinated U.S. nationals planning travel to Canada; however, border measures remain subject to change as the epidemiological situation evolves. The U.S. continues to restrict non-essential travel across the U.S.-Canada border until at least Aug. 21. 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 Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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

Immigration, Refugees, and Citizenship Canada (IRCC) announced that applicants of a recently opened permanent residence pathway can now apply for an open work permit.

Key Points:

  • Individuals can now submit open work permit applications if:
    • They have submitted an application under one of the recently opened permanent residence streams.
    • They have held a valid work permit or were able to legally work without a permit when their permanent residence application was submitted.
    • They hold a valid work permit that will expire within four months.
    • They have temporary resident status, maintained status or can restore their status, and they are in Canada at the time their open work permit application is submitted.
    • They were employed in any job when their permanent residence application was submitted.
    • They meet the language requirements for the permanent residency pathway.
  • The open work permit will be valid until Dec. 31, 2022.

Additional Information: Applicants’ spouses and dependents over the age of 18 are also eligible for the open work permit if they are in Canada. The permanent residence streams opened on May 6, 2021, for healthcare workers, international students who graduated from a Canadian institution and those designated under the essential occupations list.

BAL Analysis: The IRCC began accepting applications for the open work permit on July 26. Qualifying individuals are encouraged to apply in order to maintain their status and have work authorization while their pending permanent residence applications are processed.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

The Canadian government announced Monday that it would soon allow fully vaccinated U.S citizens and permanent residents currently living in the U.S. to enter the country.

Key Points:

  • Beginning Aug. 9, fully vaccinated U.S. citizens and permanent residents currently living in the U.S. will be allowed to enter Canada for non-essential travel.
    • To be eligible, individuals must have received the last applicable dose of a Canadian-approved vaccine at least 14 days before entering Canada.
    • Unvaccinated children under the age of 12 and dependent children (due to a mental or physical condition) who are U.S. citizens or permanent residents and are traveling with a fully vaccinated guardian are allowed to enter Canada without having to undergo a 14-day quarantine. Such children may accompany their parents outside but must avoid group settings for the first 14 days in the country and will be subject to testing on days one and eight of entry.
  • In order to enter Canada, fully vaccinated U.S. travelers must:
    • Provide COVID-19-related information through ArriveCAN before leaving for Canada.
    • Meet the pre-entry testing requirements and be asymptomatic upon arrival.
    • Have a digital or paper copy of their vaccination certificate in English, French or with a certified translation to show government officials upon request.
  • Officials will remove the required three-night hotel stay for all fully vaccinated travelers starting Aug. 9. Unless randomly selected, post-arrival testing will no longer be required for fully vaccinated travelers.

Additional Information: Beginning Sept. 7, the Canadian government will open its borders for non-essential travel for fully vaccinated travelers from any country as long as the COVID-19 situation continues to improve. Such individuals must have received a Canadian-approved vaccine at least 14 days before entering the country.

BAL Analysis: The change will ease procedures for fully vaccinated U.S. nationals planning travel to Canada; however, border measures remain subject to change as the epidemiological situation evolves. The U.S. continues to restrict nonessential travel across the U.S.-Canada border. The current restrictions are in place through the end of the day on July 21; officials have not yet said whether they will be extended. 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 Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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

Immigration, Refugees and Citizenship Canada (IRCC) has reverted to a 60-day application period for foreign nationals who receive an invitation to apply for permanent residence through the Express Entry program. IRCC temporarily increased the application window to 90 days last year as a way to alleviate COVID-19-related complications.

Key Points:

  • The application time frame reverted to 60 days on June 29. Express Entry candidates who were invited to apply before June 29 still have 90 days to submit applications.
  • IRCC said the 60-day time frame would help it process a higher volume of applications in an “expedited fashion.”

Additional Information: Express Entry candidates are ranked according to a Comprehensive Ranking System based on factors such as a job offer in Canada, education, work experience and language skills. Those selected are issued invitations to apply for permanent residency.

Facilitation measures remain in place for applicants unable to provide complete applications due to the ongoing pandemic.

BAL Analysis: Individuals do not need to take any steps to update their Express Entry profile but should be aware of the new deadline to apply for permanent residency if they receive an invitation to apply. Recently, cases are being processed faster, and the goal is to meet the targets for processing in 2021 that were not met in 2020.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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

Immigration, Refugees and Citizenship Canada (IRCC) has temporarily exempted some Canada-based foreign nationals from having to take an additional medical exam as part of their application for permanent residence.

The exemption will remain in place until Dec. 28, 2021, and will apply to:

  • In-Canada foreign nationals who have submitted a new permanent residence or visa application or have a pending permanent residence application and have not completed a new immigration medical exam.
  • In-Canada foreign nationals who have competed an immigration medical exam within the last five years and were found to pose no risk to public health, or reported to public health authorities for monitoring.
  • In-Canada foreign nationals who have not left Canada for more than six months in the last year to live in a country that has higher incidences of a “serious communicable disease” than Canada.

Additional Information: A foreign national’s family members who live in Canada may be eligible for the medical exam exemption if they meet the aforementioned criteria. A list of countries that require an immigration medical exam is found here.

BAL Analysis: The exemption intends to streamline application processing for low-risk in-Canada applicants and helps the Canadian government process as many applications as possible this year to meet its targets that were not met in 2020.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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 all foreign nationals holding a valid Confirmation of Permanent Residence (COPR) may enter the country starting June 21.

Key Points:

  • All foreign nationals holding a valid COPR may travel to Canada from any location as of June 21.
    • Under previous rules, foreign nationals with a valid COPR issued on or before March 18,2020, were exempt from Canada’s COVID-19 entry restrictions. Those with a valid COPR issued after March 18, 2020, could only travel to Canada if they met another exemption or were coming from the U.S. to settle permanently in Canada.
  • Individuals holding an expired COPR should not book flights or attempt to travel to Canada until they receive a valid card.
    • More information will be published on the Immigration, Refugee and Citizenship Canada’s (IRCC) website in the coming weeks regarding how applicants can obtain a new COPR.

Additional Information: All individuals, including permanent residents, traveling to Canada must comply with the COVID-19 travel requirements and adhere to the flying or driving to Canada requirements checklists. The change regarding COPR holders is one of the many steps Canada is taking to open its borders to more international travelers. Early this month, the Canadian government announced that it would reduce travel restrictions and open its borders to fully vaccinated Canadian citizens, permanent residents and foreign nationals on July 6. Information regarding which foreign nationals are permitted to travel to Canada is found here.

BAL Analysis: 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 Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 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@balglobal.com.

The Canadian government recently announced that it would reduce travel restrictions and quarantine requirements for vaccinated travelers starting July 6.

Key Points:

  • Effective July 6, fully vaccinated Canadian citizens, permanent residents and foreign nationals who are eligible to enter the country will no longer be subject to federal quarantine requirements.
    • Fully vaccinated travelers must upload vaccination documentation to the ArriveCAN app before arriving in Canada and answer screening questions upon entering the country.
  • Fully vaccinated travelers must still complete pre- and post-arrival testing but will not have to test on day eight of arrival or stay at a government-approved quarantine hotel.
  • Information on which foreign nationals are permitted to travel to Canada is available here.

 Additional Information: Children who are not vaccinated can forego the hotel quarantine but still must quarantine for 14 days and test when applicable. Individuals are considered fully vaccinated when 14 days have passed since the final dose was administered. Vaccinations can be received in any country, but documentation must be provided in English, French or with a certified translation. For more information on Canadian approved vaccines, visit here. Some provinces may have additional quarantine requirements that must be followed upon entering the country.

BAL Analysis: 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 Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 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@balglobal.com.