IMPACT – HIGH

The Canadian government announced Wednesday that it is preparing ease COVID-19 quarantine requirements for vaccinated Canadian citizens, residents, essential workers and others eligible to enter the country. The changes could come as soon as July.

Key Points:

  • Under the plan, “fully vaccinated” travelers eligible to enter Canada would no longer be required to quarantine for three days in a hotel upon arrival. Instead, they would self-isolate while awaiting results of a PCR test administered upon arrival. Upon testing negative, they would no longer have to isolate.
  • Travelers would be considered “fully vaccinated” two weeks after receiving their final dose of an approved vaccine.
  • Health Minister Patty Hajdu announced the changes Wednesday. While Hajdu did not provide an exact implementation date, new outlets reported that the requirements could be lifted as soon as early July.
  • The change would only affect quarantine requirements, not eligibility to enter the country. Travelers would also still be required to test negative for COVID-19 within 72 hours before travel.
  • Unvaccinated travelers would likely still be required to complete the current quarantine, i.e., three days in a hotel and the duration of the two-week quarantine at their own location.

BAL Analysis: While change would significantly ease travel procedures for those eligible to enter Canada, no implementation date has yet been announced. For now, travelers must continue to follow the current testing and quarantine protocol. BAL will continue to follow Canada’s plan to ease requirements, and will update clients as information becomes available.

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 – HIGH

The Canadian government has extended its travel ban on direct flights from India and Pakistan until June 21.

Key Points:

  • Effective until June 21, all direct commercial and private passenger flights from India and Pakistan are suspended.
  • Travelers from India or Pakistan can still fly indirectly to Canada via a third country; however, each traveller must obtain a negative COVID-19 pre-departure test from the intermediate country before entering Canada.
  • Those wishing to enter Canada must adhere to previous travel requirements including: submitting contact, travel, and quarantine information via ArriveCAN; pre-departure (air) or pre-arrival (land) testing; on-arrival testing; and a 14-day mandatory quarantine.

Analysis & Comments: The extended flight ban will continue to complicate travel from India and Pakistan to Canada. Those with urgent travel needs should work closely with their immigration provider to discuss the best available options. The response to COVID-19 continues to change and more information will be provided as it becomes available.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

The Ontario Immigration Nominee Program (OINP) Expression of Interest system is now open and accepting registrations for nominations.

Key Points:

  • Registration is now open to the Foreign Worker and International Student streams.
  • The system will remain open throughout the year, giving individuals the opportunity to register an expression of interest (EOI) at any time.
  • The new program will now be based on several scoring factors.
  • A registration does not guarantee an individual the ability to apply for OINP. An EOI registration is valid for 12 months or until an applicant receives an invitation to apply for OINP.

Additional Information: The OINP expects to open streams in the near future for in-demand skills and individuals holding a master’s or doctorate degree. The OINP will continue to accept applications under the French-Speaking Skilled Worker, Human Capital Priorities and Skilled Trades stream for individuals who have a profile under the federal government’s Express Entry system and receive a notification of interest from the province of Ontario. The Entrepreneur stream also remains open. Program material and website pages have been updated to reflect current regulatory amendments. Individuals must carefully review the relevant website pages to ensure they meet all stream criteria before registering an expression of interest. To learn more about expression of interest requirements, please visit the OINP website.

Analysis & Comments: The EOI program has been implemented to improve the first come, first served system of the previous registration process. Under the previous system, registration would remain open until the quota was reached for the specific program, which meant that spots were usually filled in a matter of hours and many eligible applicants were left out due to technical difficulties in registering for the program quickly. The EOI system will be open throughout the year and is expected to avoid the uncertainty of previous models and implement a selection program based on merit.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

The Canadian government has introduced new rules limiting international travel from India and Pakistan for 30 days.

Key Points:

  • Effective April 22, all direct commercial and private passenger flights from India and Pakistan are suspended for 30 days.
  • Travelers from India or Pakistan can still fly indirectly to Canada via a third country; however, each traveler must obtain a negative COVID-19 pre-departure test from the intermediate country before entering Canada.
  • Those wishing to enter Canada must adhere to previous travel requirements, including: submitting contact, travel, and quarantine information via ArriveCAN; pre-departure (air) or pre-arrival (land) testing; on-arrival testing; and a 14-day mandatory quarantine.

Background: Canada has seen a recent surge of COVID-19 cases. From Feb. 22 to April 19, the Public Health Agency of Canada reported that 1.4 percent of travelers entering the country tested positive for COVID-19. The 30-day suspension serves as a temporary measure put in place so the Canadian government can assess and evaluate the evolving situation both domestically and internationally.

Analysis & Comments: The restrictions will complicate travel from India and Pakistan to Canada. Those with urgent travel needs should work closely with their immigration provider to discuss the best available options. The response to COVID-19 continues to change, and more information will be provided as it becomes available.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

The Canadian government announced last week that it would open up new pathways to permanent residence for essential workers and international graduates in Canada.

Key Points:

  • To be eligible for one of the new streams, applicants must (1) have at least one year of experience in a health-care or other pre-approved essential profession or (2) have completed an eligible Canadian post-secondary program within the last four years (not before January 2017).
  • Immigration, Refugees and Citizenship (IRCC) will begin accepting applications on May 6, 2021, as follows:
    • Up to 20,000 applications for temporary workers in health care.
    • Up to 30,000 applications for temporary workers in other selected essential occupations.
    • Up to 40,000 applications for international students who graduated from a Canadian institution.
  • The streams will remain open until Nov. 5, or until they have reached their numerical limit, whichever occurs first.
  • IRCC will also open up permanent residence streams for French-speaking essential workers and recent graduates outside of Quebec who meet similar eligibility requirements.
  • Additional information on the stream for French-speaking essential workers is available here. Additional information on the stream for French-speaking international graduates is available here.

Background: The Canadian government set a goal last year to bring 1.2 million new permanent residents to Canada over the next three years, including 401,000 this year. IRCC said the new streams would help Canada reach that goal and would “help create jobs and drive long-term growth in Canada.”

Analysis & Comments: Canada has set ambitious goals regarding permanent residents and is taking steps to meet them. The new streams provide essential workers and international graduates a new pathway to permanent residence. Employers with employees who may qualify are urged to work closely with their BAL professional to determine their eligibility.

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.

Immigration, Refugees and Citizenship Canada (IRCC) has announced that it will no longer automatically extend deadlines for submitting supporting documents required for citizenship, permanent residence and temporary residence applications.

Previously, IRCC had automatically extended these deadlines because of the COVID-19 pandemic. Most IRCC offices, visa application centers (VACs) around the world, and application support centers (ASCs) in the United States have reopened, however, and many applicants are now able to provide the required supporting documentation. IRCC will consider extensions on a case-by-case basis.

Key Points:

  • Applicants should start collecting supporting information as IRCC resumes the processing of in-progress applications.
  • IRCC will continue to provide deadline extensions to applicants who are unable to provide required documentation because of disruptions related to COVID-19.
  • Applicants should not travel to another city or country to obtain required documentation. As long as applicants provide a reasonable explanation about how a COVID-19 disruption has affected their ability to meet the deadline, IRCC will provide an additional 30-day extension.

In-progress applications. IRCC said that in the coming months it will contact citizenship, permanent residence and temporary residence applicants to request supporting documentation or a reasonable explanation of how COVID-19-related disruptions continue to make it difficult to obtain the required documentation.

From the point at which IRCC contacts them, applicants will have 30 days to (1) submit the missing documentation or (2) request an extension with a reasonable explanation about how a COVID-19 disruption has affected their ability to meet the deadline.

For applications with missing medical exams or biometrics, the IRCC will generally consider 30 days a reasonable amount of time to complete the exam or provide biometrics. Officers may consider extensions in cases where they determine that medical exams or biometrics appointments are not available in an applicant’s region. More information is available on this IRCC website.

New applications. Applications received on or after April 12, 2021, must be submitted with (1) all required supporting documents or (2) reasonable explanation with proof why the applicant cannot obtain the document in question at this time.

Analysis & Comments: Applicants with in-progress or new applications are encouraged to work closely with their immigration professional at de Lint or Deloitte to make sure they are gathering the supporting documents they need in a timely manner. While automatic extensions will no longer be provided, IRCC has indicated it will be flexible in cases where an applicant cannot get a document because of a COVID-19 disruption.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

The province of Quebec will begin accepting applications April 22 for a permanent residence pilot program for workers in artificial intelligence (AI), information technology (IT) and visual effects (VFX).

Key Points:

  • The program targets professionals in AI, IT and VFX who are currently working in Quebec or with a valid job offer from an employer in Quebec.
  • The program will run until Jan. 1, 2026. In 2021, Quebec will accept 600 workers divided between the AI and IT/VFX sectors. Beginning in 2022, officials will accept 550 workers per year divided between the two sectors.
  • The program has two designated streams, one for French-speakers and one for non-French speakers who are willing to learn French.
  • “French-learning” applicants will be required to provide proof of their plans to become competent in French in order to apply to the program. This is the only permanent residence program aimed at non-French speaking immigrants in Quebec.
  • The application period runs from April 22, 2021, until Oct. 31, 2021; however, we anticipate the program will be oversubscribed shortly after the launch.

Background: The pilot program is one of three immigration programs Quebec is preparing to launch. A program for workers in food processing will launch March 24, and one for those working as nurses’ aides and orderlies will open March 31.

Analysis & Comments: Application spaces are very limited and there is significant client interest in the program for AI, IT and VFX workers. We are working with clients to prepare the supporting documentation required to initiate an application immediately on the opening day. Please contact your Deloitte or de Lint LLP representative for application assistance.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

Quebec is preparing to launch an immigration pilot program that targets workers in artificial intelligence (AI), information technology (IT) and visual effects (VFX).

Key Points:

  • The program is aimed at workers interested in becoming Canadian permanent residents. It will target professionals in AI, IT and VFX who are currently working in Quebec or have a valid job offer from an employer in Quebec.
  • The program is designed to attract global talent in these emerging fields and is intended to run until Jan. 1, 2026.
  • Officials will only accept 550 workers per year divided between the AI and IT/VFX sectors.
  • The program will have two designated streams, one for French-speakers and one for non-French-speakers, thereby providing the only permanent residence avenue in Quebec for non-French speaking immigrants.

Background: The pilot program is one of three immigration programs Quebec is preparing to launch. The other two proposed programs are for workers in food processing and those working as nurses’ aides and orderlies. Officials published draft regulations for the three programs in the Official Gazette of Quebec in October 2020. The programs were initially expected to launch in January 2021. They have not yet been implemented, however, and the government has yet to provide any updates regarding the launch date.

Analysis & Comments: The program for AI, IT and VFX workers program provides a unique opportunity for tech-driven clients. We are currently assisting clients in identifying employees who might wish to participate in the program, and we are gathering preliminary information with a view to being prepared for the launch date announcement. We continue to monitor the situation closely and will more in-depth information and instructions as information becomes available. Please contact your Deloitte or de Lint LLP representative if you would like more information on anticipatory actions you can take.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canadian government has introduced new testing and quarantine requirements for people traveling to the country.

Key Points:

  • Testing requirement for land travelers. Beginning yesterday, Feb. 15, people traveling to Canada by land must provide (1) proof of a negative COVID-19 molecular test taken in the United States within 72 hours before arriving in Canada or (2) proof of a positive test result between 14 and 90 days before arrival. Essential workers, including truckers, emergency services providers and cross-border commuters, are exempt. Additional information is available here.
  • Testing on arrival for land travelers. On Feb. 22, officials will begin implementing a policy of requiring people traveling to Canada by land to be tested at the border for COVID-19. Initially, testing will be available at five ports of entry, with 11 additional ports of entry added on March 4. Travelers will also be required to take a test toward the end of their 14-day quarantine.
  • Testing on arrival for air travelers. Beginning on Feb. 22, all air travelers will be required to take a COVID-19 test upon arrival before leaving the airport; they must take a test again toward the end of their 14-day quarantine period. Travelers will also be required to reserve a three-night stay in a government-authorized hotel near one of the four airports (Calgary, Montreal, Toronto and Vancouver) that are currently accepting international travelers. If they receive a negative test result, they will be able to take a connecting flight to their final destination. The new requirements will be in addition to current testing requirements for air travel.
  • ArriveCAN for air and land travelers. Beginning Feb. 22, anyone traveling to Canada by air or land will be required to submit travel and contact information, and their quarantine plan, electronically via ArriveCAN before boarding a flight or crossing the border. Travelers must continue to submit COVID-19 information on a daily basis until the end of their quarantine period.

Analysis & Comments: The changes will make business travel to Canada more difficult and time consuming, and officials in Canada are warning against nonessential travel to or from the country. The response to COVID-19 continues to change and more information will be provided as it becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.

IMPACT – HIGH

The Canadian government recently announced new, tougher restrictions on those wishing to enter the country.

Key Points:

  • All flights to and from Mexico and Caribbean countries will be suspended until April 30. A limited number of one-way flights will be operated to bring Canadian citizens and residents back to Canada.
  • As of 11:59 p.m. Eastern Time on Feb. 3, commercial flights arriving from the United States, Mexico, Central America, the Caribbean and South America can only arrive at one of four Canadian airports: Calgary International Airport, Montréal-Trudeau International Airport, Toronto Pearson International Airport or Vancouver International Airport.
  • Business, charter and private flights from all countries will also be required to land at one of the four airports mentioned above. Flights originating in Saint-Pierre-et-Miquelon and cargo flights will remain exempt.
  • All air travelers to Canada must produce a negative results for a PCR COVID-19 test taken within 72 hours before boarding Canada-bound flights.
  • Ongoing developments for air travel are as follows:
    • All travelers will be required to submit to a mandatory COVID-19 PCR test upon arrival at the airport at their own expense. As of Feb. 1, Ontario has implemented mandatory testing at Toronto Pearson International Airport. Calgary International Airport, Montréal-Trudeau International Airport and Vancouver International Airport are expected to follow shortly.
    • All travelers will be required to quarantine at a designated hotel for three days at their own expense to await test results.
    • Upon receipt of a negative test result, travelers will be able to quarantine at their designated quarantine location for the remainder of the quarantine period.
    • If the traveler tests positive, it is anticipated that they will move to a federal quarantine facility.
  • Anticipated developments regarding land crossing into Canada from the United States are as follows:
    • The Canadian government has announced that there will be a new requirement that all travelers (with limited exceptions) seeking to cross by land from the U.S. to Canada will be required to provide proof of a negative COVID-19 test. Further details, including the implementation date and exceptions, are expected shortly.

Analysis & Comments: The changes will make business travel to Canada more difficult and time consuming. Employers planning on sending employees to Canada should take note of the changes and plan accordingly.

This alert was prepared by de Lint LLP, an independent immigration law firm, allied with Deloitte LLP in Canada.