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IMPACT – MEDIUM
What is the change? Employers and travelers are reminded that Canada will soon expand its biometrics program to include foreign nationals from Asia, Asia/Pacific and the Americas applying for visitor visas, work or study permits (excluding U.S. nationals), permanent residence or refugee or asylum status.
What does the change mean? Beginning Dec. 31, applicants from Asia, Asia/Pacific and the Americas will be required to provide biometrics (fingerprints and a photo) when applying for any of the visas or permits listed above. Applicants applying for visas or permits in Canada will be exempted from the new requirements until in-country services are set up in 2019.
Background: Canada announced its expansion of the biometrics collection requirement in April. The first phase of the expansion, effective July 31, requires foreign nationals from Europe, the Middle East and Africa to submit biometrics when applying for the above-mentioned visas and permits.
Applicants will only be required to provide biometrics once every 10 years for temporary resident applications. Foreign nationals filing online applications abroad will receive a biometrics request shortly after submitting their application. From that point, they will generally have 30 days to submit biometrics in person at a Visa Application Centre. Applicants eligible to apply for work or study permits at the Canadian border will be able to submit biometrics at 79 ports of entry.
The requirement does not apply to Canadian citizens or permanent residents. Exemptions will also be available to children under the age of 14, seniors over the age of 79, visa-exempt tourists who hold a valid Electronic Travel Authorization (eTA), U.S. visa holders transiting through Canada, and certain high-level government officials traveling on official business.
Refugee claimants or protected persons who have already provided biometrics will not be required to resubmit biometrics when applying for a study or work permit. This rule will also apply to temporary-residence applicants who have already provided biometrics as part of a permanent-residence application that has not yet been decided. In-country applicants for visas, study or work permits or residence permits will temporarily be exempted from the biometrics requirement until service centers are established in Canada.
Analysis & Comments: Employers should take note of the new biometrics policy and ensure that their employees are aware of the new requirements when applying for visas or permits on or after the relevant implementation date.
This alert was prepared by Garson LLP, an independent law firm, allied with Deloitte LLP in Canada.
What is the change? Canada conducted its 26th Express Entry draw of the year Wednesday, issuing 3,900 invitations to apply for permanent residency, with a minimum Comprehensive Ranking System score of 445.
Analysis & Comment: Wednesday’s draw marked the sixth consecutive draw in which 3,900 invitations were issued. The minimum CRS score was 445, the same as last month’s draw. The overall trend remains positive for Express Entry applicants, with Canada continuing to issue a high number of invitations for permanent residence.
Background: The Express Entry system prioritizes permanent residence candidates in four skilled migration programs—Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and a portion of the Provincial Nominee Program—on a points system that considers such factors as current job offer, education, skills, work experience and age, among others. Candidates register their profiles online through the Express Entry system. Draws are conducted roughly every two weeks, usually for all four categories but sometimes limited to one or two of them. The Minister of Citizenship and Immigration publishes the results of each draw, indicating the number of invitations for permanent residence that are issued and the minimum score needed to earn an invitation. Individuals who receive an invitation must apply for permanent residency within 60 days. Under tie-breaking rules, applicants with the same Comprehensive Ranking System score are ranked according to the date and time they submitted their profiles, highlighting the importance of submitting Express Entry profiles as early as possible.
The following chart lists the Express Entry Draws to date in 2018:
*Draw limited to two programs **Draw limited to Federal Skilled Trades program
What is the change? Canada’s Bill C-46, which amends the country’s Criminal Code to categorize impaired driving offenses as “serious criminality,” takes effect Dec. 18.
What does the change mean? The change has potentially serious immigration consequences for foreign nationals planning to visit or work in Canada, temporary residents applying to extend their stays, applicants for permanent residence, permanent residents and sponsored relatives of Canadian citizens or permanent residents. Depending on their immigration status, foreign nationals may be deemed inadmissible or subject to deportation for a DUI conviction after Dec. 18, whether in Canada or abroad.
Additional information: Bill C-46 was passed earlier this year as companion legislation to Bill C-45, The Cannabis Act, which legalized the possession of marijuana for personal use in Canada. Bill C-46 increased the maximum punishment for a DUI offense to 10 years of prison, which puts these offenses in the category of “serious criminality” and triggers inadmissibility and deportation consequences under Canada’s Immigration and Refugee Protection Act. The change will affect the following people:
The Minister of Immigration, Refugees and Citizenship, Ahmed Hussen, has confirmed that immigration officers will not apply the law retrospectively. He has also indicated that he is committed to working with stakeholders to take appropriate action to mitigate the immigration consequence of both Bill C-45 and Bill C-46.
Analysis & Comments: Bill C-46 has potentially serious immigration consequences. The reclassification of DUI offenses as “serious criminality” means that foreign nationals with a DUI on their record will no longer be “deemed rehabilitated” after 10 years from the time their sentence requirements are complete. Instead, they will have to pursue the process of formal rehabilitation or record suspension (for offenses inside Canada), both of which require significant time and documentation. Employers with an employee who is charged with a DUI are encouraged to consult with their immigration counsel immediately.
What is the change? Canada conducted its 25th Express Entry draw of the year Wednesday, issuing 3,900 invitations to apply for permanent residency, with a minimum Comprehensive Ranking System score of 445.
Analysis & Comments: This was the fifth consecutive draw in which 3,900 invitations were issued. The minimum CRS score dropped slightly to 445, leaving it in line with the minimum score in other draws this year. The overall trend remains positive for Express Entry applicants, as Canada continues to issue a high number of invitations for permanent residence.
*Draw limited to two programs. **Draw limited to Federal Skilled Trades program.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
Canada conducted its 24th Express Entry draw of the year last week, issuing 3,900 invitations to apply for permanent residency, with a minimum Comprehensive Ranking System score of 449.
Analysis & Comment: While the minimum CRS score rose slightly to 449, the overall trend remains positive for Express Entry applicants. Canada continues to issue a high number of invitations, in line with its goals of bringing more economic immigrants to the country.
Background: The Express Entry system prioritizes permanent residence candidates in four skilled migration programs—Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and a portion of the Provincial Nominee Program—on a points system that considers such factors as current job offer, education, skills, work experience and age, among others. Candidates register their profiles online through the Express Entry system. Draws are conducted roughly every two weeks, usually for all four categories but sometimes limited to one or two of them. The Minister of Citizenship and Immigration publishes the results of each draw, indicating the number of invitations for permanent residence that are issued and the minimum score needed to earn an invitation. Individuals who receive an invitation must apply for permanent residency within 60 days. Under tie-breaking rules, applicants with the same CRS score are ranked according to the date and time they submitted their profiles, highlighting the importance of submitting Express Entry profiles as early as possible.
Immigration, Refugees and Citizenship Canada unveiled a plan Wednesday to accept more than 1 million immigrants in the next three years, increasing target levels set last year.
New projected admissions levels for 2019, 2020 and 2021 were included in IRCC’s 2018 Annual Report to Parliament on Immigration, which was released Wednesday. Canada accepted more than 286,000 permanent residents in 2017 and continues to accept a high number of immigrants this year.
“Immigrants and their descendants have made immeasurable contributions to Canada, and our future success depends on continuing to ensure they are welcomed and well-integrated,” Canada’s minister of Immigration, Refugees and Citizenship, Ahmed Hussen, said in a statement prefacing the report. “Today, Canada faces new challenges such as an ageing population and declining birth rate, and immigrants have helped address these by contributing to Canada’s labour force growth.”
IRCC set goals of accepting 330,800 new immigrants in 2019, 341,000 in 2020 and 350,000 in 2021. The 2019 and 2020 targets were up slightly from the targets IRCC set at this time last year.
Projected Admissions Ranges:
*To be set after additional consultation with the Government of Quebec.
Analysis & Comments: The projections show that Canada remains committed to welcoming a high number of immigrants, including economic immigrants. The full IRCC report to parliament on immigration is available here.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Canada conducted its 23rd Express Entry draw of the year Monday, issuing 3,900 invitations to apply for permanent residency, with a minimum Comprehensive Ranking System score of 442.
Analysis & Comment: The latest draw is consistent with the overall trend in recent draws, with a high number of invitations and a low minimum qualifying score. Applicants are reminded of the importance of submitting their Express Entry profiles as early as possible, since the deciding factor under new tie-breaking rules for applicants with the same scores will be the date and time they submitted their profiles in the Express Entry pool.
Background: The Express Entry system prioritizes permanent residence candidates in four skilled migration programs—Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and a portion of the Provincial Nominee Program—on a points system that considers such factors as current job offer, education, skills, work experience and age, among others. Candidates register their profiles online through the Express Entry system. Draws are conducted roughly every two weeks, usually for all four categories but sometimes limited to one or two of them. The Minister of Citizenship and Immigration publishes results of each draw, indicating the number of invitations for permanent residence that are issued and the minimum score needed to earn an invitation. Individuals who receive an invitation must apply for permanent residency within 60 days (recently shortened from 90 days).
What is the change? Visa Application Centers in New York and Los Angeles will stop accepting applications or taking biometrics Nov. 1. New VAC locations and service providers in both cities will be announced at a later date, with expected changes in service fees.
What does the change mean? The New York and Los Angeles VACs will remain open until Nov. 29 for clients to pick up their documents before the offices officially close. Any documents not collected after Nov. 29 will be returned to the applicant directly. Applicants required to submit documents after Nov. 1 will need to wait for the new facilities to open.
Background: VACs have been the exclusive service provider for Canadian visa application administrative support. They provide services for all temporary status applications and travel documents for permanent residents for transmission to the Canadian Consulate.
Analysis & Comments: Applicants in the U.S. applying for Canadian visas should be aware of the changes and plan for the possibility of delays and potential fee increases. Current clients should pick up their documents before the offices close Nov. 29.
What is the change? Canada has updated prevailing wage rates for a number of occupations.
What does the change mean? Employers sponsoring foreign workers in certain work permit and permanent resident categories are affected by the new rates.
Background: Prevailing wage rates will vary by occupation as well as by geographic location. The median wage in some of the more common positions held by foreign workers are as follows:
Analysis & Comments: Employers are encouraged to review the wages they are paying foreign workers to ensure they are in compliance with new wage minimums. It is possible that officials may ask for employers to amend pending applications so that offers of employment match the new wage requirements. Employers should also note that other wage floors may apply in some circumstances, such as for workers in the Global Talent Stream.
Canada conducted its 22nd Express Entry draw of the year Monday, issuing 3,900 invitations to apply for permanent residency, with a minimum Comprehensive Ranking System score of 440.
Analysis & Comment: The latest draw is consistent with the overall trend in recent draws, with the highest number of invitations and the lowest qualifying score compared with other draws this year. Applicants are reminded of the importance of submitting their Express Entry profiles as early as possible, since the deciding factor under new tie-breaking rules for applicants with the same scores will be the date and time they submitted their profiles in the Express Entry pool.
Background: The Express Entry system prioritizes permanent residence candidates in four skilled migration programs—the Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and a portion of the Provincial Nominee Program—on a points system that considers such factors as a current job offer, education, skills, work experience and age, among others. Candidates register their profiles online through the Express Entry system. Draws are conducted roughly every two weeks, usually for all four categories but sometimes limited to one or more of the categories. The Minister of Citizenship and Immigration publishes results of each draw, indicating the number of invitations for permanent residence that are issued and the minimum score needed to earn an invitation. Individuals who receive an invitation must apply for permanent residency within 60 days (recently shortened from 90 days).