The Canadian government announced an intake cap for permanent residence applications under the Agri-Food Pilot.

Key Points:

  • Immigration, Refugees and Citizenship Canada (IRCC) confirmed that permanent residence applications under the pilot will be capped at 1,010 spaces.
  • Applications can be submitted until the pilot expires on May 14, 2025, or until 1,010 applications have been received — whichever comes first.

Background: Officials stated that since 2020, the Agri-Food Pilot has helped fill labor gaps by giving experienced agri-food workers the opportunity to become permanent residents. The announcement detailed that since the launch of the pilot, Canada has welcomed over 4,500 agri-food workers and family members, including close to 1,775 workers and family members in 2024 alone. The pilot can only run for a maximum of five years and cannot be extended beyond the May 14, 2025, expiration date.

Additional Information: Authorities referenced the 2025–2027 Immigration Levels Plan, specifically stating that high demand/interest in the pilot exceeded the spaces available under the Levels Plan. Officials elaborated that IRCC will continue processing applications received on or before the pilot’s end date and under the cap in the coming years. As BAL has reported, the government is reducing targets across multiple immigration streams in the coming years.

This alert has been provided by the BAL Global Practice Group.

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The Canadian government announced changes to open work permits (OWP) for family members of temporary residents.

Key Points:

  • As BAL initially reported, Immigration, Refugees and Citizenship Canada originally announced their intention to change OWP eligibility for family members of international students and foreign workers in September 2024.
  • Effective Jan. 21, only spouses of certain international students and foreign workers will be able to apply for a family OWP as part of the broader measures announced last year.
  • In addition, the foreign worker must also have at least 16 months remaining on their work permit at the time when their spouse applies for the OWP.
  • Dependent children of foreign workers will no longer be eligible to obtain work permits.

Additional Information: Family OWPs will be limited to spouses of international students who are enrolled in master’s programs that are 16 months or longer, doctoral programs or select professional and eligible programs. In addition, family OWPs will also be limited to spouses of foreign workers who are employed in TEER 0 or 1 occupations, or select TEER 2 or 3 occupations in sectors with labor shortages or linked to government priorities. OWPs that were approved under the previous measures and have not expired will remain valid, and spouses of workers covered by free-trade agreements and those transitioning to permanent residence will not be impacted by these changes. The Canadian government continues to implement updates to policies concerning international students and temporary workers to recalibrate the number of temporary resident arrivals.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 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 pools for the 2025 International Experience Canada (IEC) season are now open.

Key Points:

  • The IEC program allows international youth aged 18 to 35 (18 to 30 in some countries) from over 30 eligible countries the opportunity to travel and work in Canada for up to two years.
  • Participants can apply under three work and travel experience categories:
    • Working Holiday
    • Young Professionals
    • International Co-op (Internship)
  • Depending on country of citizenship, foreign nationals may be able to apply to one or more categories.

Additional Information: Application fees have risen to CA$179.75 (about US$125), and the first round of invitations are underway for select countries, with others opening Jan. 13. Individuals who are eligible can create a profile and select their country or territory to find when the first round of invitations will take place. The government has also implemented quota adjustments this season, including reductions in Working Holiday slots for Taiwan and France.

The government will invite eligible candidates from the IEC pools to apply for a work permit in rounds of invitations. The number of candidates invited to apply during each round varies, and rounds will take place until no more spots are available or the IEC season closes. Applicants should plan travel accordingly, as the government recently announced work and study permits are no longer available to flagpolers at ports of entry.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 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 that temporary foreign workers who apply to become permanent residents through the Express Entry system will soon no longer get additional points if they have a job offer supported by a Labor Market Impact Assessment (LMIA).

Key Points:

  • On Dec. 17, the government announced their Border Plan to strengthen border security and the immigration system, including changes to certain permanent residence applications.
  • As part of that effort, officials announced that candidates for Express Entry will no longer receive additional Comprehensive Ranking System (CRS) points for having a job offer effective spring 2025.
  • Express Entry is Canada’s flagship application management system for those seeking to immigrate permanently through the Federal Skilled Worker Program, the Federal Skilled Trades Program, the Canadian experience class and a portion of the Provincial Nominee Program.
  • The changes will impact candidates pursuing permanent residence through the Express Entry system once they take effect, including those currently working in Canada temporarily.

Additional Information: Officials stated the changes will not affect candidates who have already been invited to apply or who have an application in progress. Once the change is introduced, it will apply to all candidates with job offers in the pool as well as new candidates entering the pool. Currently, LMIA-based job offers typically add 50 or 200 points towards Express Entry scores for having an offer of ongoing or future employment in Canada.

Canadian officials stated the intention of the policy change is to reduce fraudulent activities in Canada’s Express Entry System, particularly, the practice of illegally buying or selling labor market impact assessments to improve a candidate’s chances of being selected as a permanent resident.

In addition, the policy change supports the government’s ongoing efforts to reduce targets across multiple immigration streams while welcoming newcomers to support key sectors. The government hopes to balance the need to recruit skilled workers in these sectors that are needed to grow the economy while creating a more responsive, well-managed and fair immigration system.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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 work and study permits are no longer available to flagpolers at ports of entry.

Key Points:

  • As BAL reported in July, the government previously changed their policy for post-graduation work permits at the border in an effort to reduce “flagpoling.”
  • Now as part of the recently announced Canada Border Plan, officials stated that applications and renewals for work or study permits need to be submitted through Immigration, Refugees and Citizenship Canada (IRCC).
    • As opposed to flagpoling, which occurs when foreign nationals who hold temporary resident status, leave and re-enter to access immigration services at a port of entry.

Additional Information: In the announcement, officials stated that authorities will now tell individuals attempting to flagpole for a work and study permit to submit their application to IRCC unless they meet limited exemptions. Between April 1, 2023, and March 31, 2024, the Canada Border Services Agency processed over 69,300 flagpolers across Canada.

Canadian officials stated the intention of the policy change is more effective resource allocation, making sure services at the border are focused on individuals arriving in Canada, not for those already in Canada. Officials believe flagpoling contributes to wait times for cross-border travelers and this change will benefit both Canada and the U.S. to better manage border operations and maintain the integrity and effectiveness of their shared border.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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 updated the wage data/prevailing wages for Labor Market Impact Assessments (LMIAs) required under the Temporary Foreign Worker (TFW) Program.

Key Points:

  • The wage data was updated on Dec. 3 and is available on the Government of Canada’s Job Bank website here.
  • The wage data can be sorted by occupation or location of work, and the median wage column shows the prevailing wage.
  • Employers hiring temporary foreign workers with LMIAs are required to annually review temporary foreign workers’ wages to ensure they reflect the prevailing wage rates for their given occupation and region of work.

Additional Information: As BAL reported, the Canadian government has updated the TFW Program this year to ensure it remains responsive to labor market needs and to protect temporary foreign workers from fraud and abuse. This includes a recent 20% increase to the median wage for workers in the high-wage stream for specific provinces or territories of work, as well as new measures for the low-wage stream.

Officials stated the TFW Program is designed as an extraordinary measure to be used when a qualified Canadian is not able to fill a job vacancy, and further adjustments will be made if needed to help ensure that only compliant employers with demonstrable labor needs can access the TFW Program.

BAL Analysis: Job Bank wages are updated every year. Employers should be aware of the changes and review temporary foreign workers’ wages.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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 new regulations impacting the International Student Program have now taken effect.

Key Points:

  • As BAL reported, officials announced new rules in May for international students who work off campus, waiving the 20-hour-per-week limit on the number of hours international students are allowed to work off campus.
  • Effective immediately, eligible students can now work up to 24 hours per week off campus while their classes are in session.
  • Officials clarified that international students must apply and be approved for a new study permit before changing designated learning institutions.

Additional Information: The announcement stated that there will be consequences for designated learning institutions that fail to submit compliance reports or verify acceptance letters. The government has been working with designated learning institutions to strengthen student compliance reporting and said they play an important role in protecting student programs against misuse.

BAL Analysis: The government intends the new off-campus work regulations to provide greater oversight and support for international students, in partnership with other recent changes designed to strengthen the integrity of the International Student Program.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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 the opening of a new border crossing facility in Sainte-Aurélie.

Key Points:

  • The new modernized facilities at the Sainte-Aurélie border crossing are now in service.
  • The new facilities are part of the Land Border Crossing Project, which is an effort by the Canada Border Services Agency (CBSA) to upgrade several ports of entry across the country to improve the border crossing experience for travelers and provide border services officers with upgraded infrastructure and technology.

Additional Information: Officials stated these new facilities are designed to deliver the border of the future and support the CBSA’s commitment to security while meeting environmental standards and allowing officers the ability to serve travelers more efficiently while protecting the community. The new Sainte-Aurélie border facility is one of the first examples of a “Base Compact” model port of entry, which the government designed for remote areas with lower volumes.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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 has closed the Student Direct Stream (SDS) and Nigeria Student Express (NSE) programs as of Nov. 8.

Key Points:

  • The SDS was launched in 2018 to provide faster processing for eligible post-secondary students.
  • Eligible SDS and NSE applications received before 2 p.m. ET on Nov. 8 will be processed under these streams. Applications submitted on or after this time will be processed under the regular study permit stream.

Additional Information: The SDS was open to legal residents of Antigua and Barbuda, Brazil, China, Colombia, Costa Rica, India, Morocco, Pakistan, Peru, Philippines, Senegal, St. Vincent and the Grenadines, Trinidad and Tobago, and Vietnam. Prospective university students from Nigeria had a similar process with the NSE.

Officials stated that this change will not adversely affect eligibility for those who wish to apply for a study permit from a country where the SDS or NSE initiatives have been offered. All students, regardless of whether they were eligible for the SDS or NSE, are invited to apply through the regular study permit stream and are required to meet Canada’s study permit application requirements.

BAL Analysis: Canadian officials stated the goal of the closure is designed to strengthen program integrity, address student vulnerability and give all students equal and fair access to the application process as well as a positive academic experience.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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 new rules for multiple-entry visas, giving officials more discretion on validity and entry limits.

Key Points:

  • The multiple-entry visa allows the holder to seek entry from any country as often as necessary during the visa’s period of validity and has a maximum validity period of up to 10 years or the expiration date of either the travel document or biometrics, whichever comes first.
  • Officials have now updated the visa policy, giving officers discretion to issue single- or multiple-entry visas and to establish the proper duration of validity.
  • For multiple-entry visas, officers may now decide to issue the visa with a validity period shorter than the maximum 10 years.

Additional Information: A multiple-entry visa can still be valid if affixed in a full or complete passport or travel document. The holder must also be in possession of a newer and valid passport or travel document and must present both documents to the airline carrier to travel and/or seek entry.

The Immigration, Refugees and Citizenship Canada guidelines for issuing single- or multiple-entry visas are based on factors such as purpose of visit, funds, medical or other matters, including strong ties to home country, previous travel to Canada and outside of an individual’s home country, and any previously visa refusals. When determining the validity period, officers may also consider factors such as short-term purpose for the visit, status in current country of residence and the economic or political conditions in the applicant’s home country.

BAL Analysis: Canadian officials stated, “Guidance has been updated to indicate that multiple-entry visas issued to maximum validity are no longer considered to be the standard document. … Officers may exercise their judgment in deciding whether to issue a single- or multiple-entry visa and in determining the validity period.”

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.