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IMPACT – MEDIUM
Canada conducted its 21st 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.
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.
Analysis & Comment: The latest draw follows the trend in recent Express Entry draws of large numbers of invitations and a relatively low minimum qualifying score. Those who receive invitations to apply are reminded that Canada recently shortened the length of time that successful candidates have to apply for permanent residency, from 90 to 60 days. Also, under new tie-breaking rules, Express Entry candidates who have the same CRS score will be ranked according to the date and time they submit their profiles in the Express Entry pool, making it all the more important to enter the pool as early as possible in order to be selected for the draw.
The following chart lists the Express Entry Draws to date in 2018:
*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.
What is the change? The province of Quebec has launched a portal to help immigrants understand if they are in a regulated profession and assist them in having their skills recognized.
What does the change mean? The portal, which also provides information about employment prospects in the region, will help foreign nationals seeking jobs in Quebec take the necessary steps to obtain recognition of their education and professional qualifications.
Background: According to the portal, which is currently in beta version, its aim is to centralize more than 500 job descriptions and professions in French and English, provide resources on skills-recognition procedures and information about the labor market and educational system in Quebec and the different regions of the province, and direct job candidates to the resources that will help them gain recognition of their skills and education regardless of where they were acquired.
BAL Analysis: As the portal develops, it will provide a useful tool for foreign national job candidates seeking work in Quebec.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
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Canada conducted its 18th Express Entry draw of the year Wednesday, issuing 3,900 invitations to apply for permanent residency, the highest total of the year. The lowest qualifying Comprehensive Ranking System score was 440, which was among the lowest this year.
Express Entry Draws in 2018:
BAL Analysis: The high number of invitations and the low qualifying scores are good news for Express Entry candidates. Canada continues to issue invitations for permanent residency at a rate outpacing previous years. Those who receive invitations to apply are reminded that Canada recently shortened the length of time that successful candidates have to apply for permanent residency, from 90 to 60 days.
What is the change? Authorities in Quebec will reopen the Quebec Immigrant Investor Program on Monday, Sept. 10.
What does the change mean? Applicants must (1) have net assets totaling at least 2 million Canadian dollars (about US$1.52 million) and (2) intend to reside in Quebec and commit to making an investment of at least CA$1.2 million. The program will remain open until March 15, 2019 or until 1,900 applications are received.
Background: The Government of Quebec announced changes to the QIIP in March, increasing both the net worth and investment thresholds to their current levels. Authorities subsequently announced that the intake period would begin Sept. 10.
BAL Analysis: While the changes raise the bar on who will be eligible for the Quebec Immigrant Investor Program, they may also make the program less competitive for applicants who are able to meet the new requirements. Interested applicants should begin compiling an application as soon as possible.
What is the change? Immigration, Refugees and Citizenship Canada has announced significant changes to the country’s program for sponsoring parents or grandparents.
What does the change mean? IRCC will accept as many as 20,000 applications for the sponsorship of parents and grandparents in 2019, up from the current annual cap of 17,000. Officials will also replace the current lottery system with a first-come, first-served system for determining which sponsors will be invited to apply.
Background: The parents and grandparent program allows Canadian citizens and permanent residents to sponsor a parent or grandparent for Canadian permanent residency. Officials switched to a lottery system for the program in 2017. IRCC has raised the cap on applications a number of times, including increasing the 2018 limit to 17,000. Observers hope that reverting back to the first-come, first-served system and increasing the cap will advantage applicants who are most interested in sponsoring parents or grandparents.
BAL Analysis: The higher cap for the parent and grandparent program is welcome news. Even with the higher cap, the switch back to a first-come, first-served system may lead to a rush to file once the IRCC begins accepting applications next year. It is also expected that applicants will be asked to provide more information earlier in the application process, though this will not be known for sure until IRCC releases additional information. IRCC will continue accepting applications under current rules until Oct. 5. Anyone interested in completing an application should contact BAL.
Canada conducted its 17th Express Entry draw of the year Wednesday, issuing 3,750 invitations to apply for permanent residency. The lowest qualifying Comprehensive Ranking System score was 440, which is among the lowest this year.
What is the change? Quebec has released details about its new Expression of Interest program that will replace its first-come, first-served system and prioritize employment-based applicants who have skills that are in high demand in the province.
What does the change mean? The Expression of Interest program will operate on a three-step process in which applicants must meet threshold scores according to Quebec’s points grid. Candidates will be selected by periodic draws similar to the federal Express Entry system, and invitations to apply will be issued to candidates with the highest scores as well as consideration of other factors. Those who receive an invitation to apply will apply for a Quebec Selection Certificate and, if successful, may then apply for Canadian permanent residency.
Background: The three-step process is as follows. The first threshold for minimum eligibility is 2 points for secondary school general diploma and 1 point for financial self-sufficiency. The second threshold requires a minimum score of 43 points for “employability” factors. The third threshold of 50 points (59 points if applying with a spouse/partner) is based on additional “selection” criteria.
Candidates in the profile bank will be scored on the basis of nine factors on the Quebec Skilled Worker Program points grid, including work experience, education and training, language skills in English or French, financial self-sufficiency, among others.
A complete breakdown of the points in each category can be viewed here.
BAL Analysis: Quebec’s Expression of Interest program will offer benefits to foreign skilled workers while prioritizing regional labor needs and significantly reduce processing times from the current three years to less than one year.
What is the change? Quebec’s Immigrant Investor Program will introduce new criteria, including higher investment amounts and net asset holdings when the program reopens in September.
What does the change mean? The minimum investment will increase to CAD $1.2 million (from the current $800,000) and the minimum required net assets will increase to CAD $2 million (from the current $1.6 million).
Background: In addition to the new investment and net asset criteria, applicants must have at least two years of management experience, agree to invest for a five-year term, and sign an agreement to invest with a financial intermediary authorized to participate in the program. The program also takes into account other factors such as age, professional training and language skills.
BAL Analysis: The Quebec Immigrant Investor Program is a good option for foreign investors intending to settle in Quebec and who are able to meet the stricter criteria, but it is likely to remain popular and applicants should plan to apply when intake resumes.
What is the change? Employers and travelers are reminded that Canada will soon expand its biometrics program to foreign nationals 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 July 31, applicants from Europe, the Middle East and Africa will be required to provide biometrics (fingerprints and a photo) when applying for any of the visas or permits listed above. The requirement will be extended to applicants from Asia, Asia/Pacific and the Americas on Dec. 31. 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 currently only requires biometrics from 30 nationalities, but authorities announced in April that they will expand the collection of biometrics beginning this summer. Applicants will only be required to provide biometrics once every 10 years.
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. Officials anticipate that biometric screening at ports of entry will generally take about two hours.
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 resident applicants who have already provided biometrics as part of a permanent resident 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.
BAL Analysis: Employers should take note of the new biometrics policy and ensure their employees are aware of the new requirements when applying for visas or permits on or after the relevant implementation date.
What is the change? Canada has amended its Criminal Code to categorize impaired driving offenses as “serious criminality,” increasing the maximum punishment to 10 years in prison (from the current maximum of five years).
What does the change mean? The change carries potentially harsh consequences for Canadian permanent residents, foreign residents and visitors. A conviction for offenses deemed “serious criminality” renders a foreign national inadmissible and deportable regardless of the actual sentence imposed or how long ago the offense occurred. Additionally, a DUI committed by a Canadian permanent resident either inside or outside of Canada will render the permanent resident subject to possible deportation.
Background: The amendments to impaired driving offenses under Canada’s Criminal Code were passed in Bill C-46, which received royal assent June 21 and takes effect Dec. 18. The main provision affecting foreign nationals is the increase in the maximum punishment 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 key immigration consequences are as follows:
BAL Analysis: The new law was opposed by the Canadian Bar Association because of its harsh consequences on foreign visitors and permanent residents, as well as the likely flood of applications for rehabilitation and temporary residence permits that would strain Canadian immigration and border staff and resources. The Immigration Minister has indicated he is “committed to carefully considering and addressing the immigration consequences” of the new law and is examining tools within his authority, including discretionary tools, to mitigate those consequences. In the meantime, foreign nationals should anticipate that a DUI offense committed abroad or in Canada may jeopardize their ability to travel to Canada as a visitor or remain in Canada as a permanent resident.
This alert has been provided by the BAL Global Practice group and our network provider located in Canada. For additional information, please contact your BAL attorney.