Search
Contact
Login
Share this article
IMPACT – MEDIUM
What is the change? Canada has eased immigration rules on medical inadmissibility.
What does the change mean? Authorities made two key changes. First, they increased the cost threshold for inadmissibility to 19,965 Canadian dollars (about US$17,765) per year, three times the previous amount. Second, they changed the definition of “social services” by removing references to special education, social and vocational rehabilitation services and personal support services. The changes are expected to dramatically reduce the number of medical inadmissibility cases.
Background: After the government began reviewing Canada’s medical inadmissibility rules in 2016, a standing committee tasked with studying immigration issues recommended eliminating the policy altogether. Officials have not yet gone that far, but said they will continue working toward that goal. Ahmed Hussen, Canada’s minister of Immigration, Refugees and Citizenship, called the changes, announced earlier this week, “a major step forward in ensuring our immigration system is more inclusive of persons with disabilities, and reflects the values of Canadians.”
BAL Analysis: The changes are welcome news to employers and immigrants, including those in the economic immigration class, who previously would have had difficulty relocating to Canada because of a medical problem or disability. The changes will also benefit those relocating to Canada who have a dependent family member with a medical problem or disability that would have rendered the family member inadmissible under the previous rules.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2018 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.
What is the change? Foreign nationals working in dance (such as ballet or contemporary), opera, orchestra or live theater with a Canadian nonprofit performing arts company or organization may be exempt from Labour Market Impact Assessment requirements.
What does the change mean? Eligible creative personnel will have an easier time securing authorization to work for nonprofit performing arts organizations in Canada.
Background: The Canadian government noted that the presence of foreign nationals working in the arts creates economic benefits and opportunities for all Canadians, including Canadian performing artists and performing arts organizations.
BAL Analysis: The changes should make it easier for Canada’s nonprofit performing arts companies and organizations to recruit and employ foreign workers in certain artistic disciplines.
IMPACT – HIGH
What is the change? Canada is expanding 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.
Background: Canada currently only requires biometrics from select nationalities. Authorities recently announced that they will expand the collection of biometrics beginning this summer. Applicants will only be required to provide biometrics once every 10 years.
The requirement does not apply to Canadian citizens or permanent residents. Exemptions will also be available to children under the age of 14, applicants over the age of 79, visa-exempt nationals who hold a valid Electronic Travel Authorization (eTA) and are traveling as tourists, 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 after the relevant implementation date.
What is the change? The Government of Quebec has announced changes to the Quebec Immigrant Investor Program (QIIP).
What does the change mean? Going forward, applicants will be required to (1) have net assets totaling at least CAD 2 million (up from the previous threshold of CAD 1.6 million) and (2) make an investment of at least CAD $1.2 million (up from CAD $800,000) in order to qualify for the program. QIID is not accepting applications at this time, but is expected to open a new application period in August of 2018, when the new requirements will take effect.
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. BAL will continue to follow the program, including any announcements of the next intake period and how many applications provincial authorities will accept.
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.
Canada conducted its sixth Express Entry draw of the year Monday, issuing 3,000 invitations to apply for permanent residency. The lowest qualifying Comprehensive Ranking System score was 446.
The number of invitations was the same as in the previous three draws, conducted Feb. 7, Feb. 21 and March 14. The minimum qualifying score fell by 10 points.
BAL Analysis: Canada continues to invite a high number of individuals for permanent residency, and the drop in the minimum score is good news for applicants.
What is the change? A joint plan was released Friday by immigration ministers at various levels of government to increase Francophone immigration to French-speaking minority communities across Canada.
What does the change mean? The plan sets out actions that federal, provincial and territorial governments can take to encourage French-speaking immigration to Canada outside of Quebec. The actions include increasing employer recruitment of French-speaking immigrants and promoting awareness of immigration pathways and opportunities for French-speaking applicants.
Background: The action plan, released Friday by immigration ministers and Canadian Francophonie, aims to:
Some of the steps it recommends for federal, provincial and territorial immigration authorities include:
BAL Analysis: Employers needing to fill French-speaking labor needs should benefit from the action plan. According to Canada’s Minister of Immigration, Refugees and Citizenship, Ontario is committed to achieving its goal of 5 percent Francophone immigration.
What is the change? Canada’s Minister of Immigration, Refugees and Citizenship, Ahmed Hussen, has announced the federal government’s immigration projections over the next three years.
What does the change mean? Immigration targets are set to increase from 310,000 this year to 340,000 in 2020.
Background: The Canadian government has committed $440 million to its three-year plan. Below are targets for economic migration programs.
The plan also calls for increases to family-based immigration with 2020 targets of 70,000 for spouses and children and 21,000 for parents and grandparents of Canadian citizens and foreign residents.
BAL Analysis: The three-year plan is consistent with earlier comments by Hussen that 300,000 is the “new normal” for the country’s immigration goals and confirms Canada’s commitment to increasing economic and family-based immigration. The increase in economic migration programs is good news for companies seeking to bring high-skilled foreign workers to Canada.
What is the change? Hundreds of applicants were cleared to obtain permanent residence in Canada this week when Ontario’s Express Entry Human Capital Priorities Stream issued 488 notifications of interest.
What does the change mean? Applicants who received the notifications from the Ontario Immigrant Nominee Program (OINP) had Comprehensive Ranking System scores of between 435 and 441. They will now be given the chance to apply for a provincial nomination through OINP and, if successful, will receive an additional 600 points on the CRS score, which essentially assures. That they will receive an invitation to apply for Canadian permanent residence.
Background: Ontario’s Express Entry stream allows provincial authorities to search the federal Express Entry pool for those who might be interested in obtaining a provincial nomination. In order to qualify, applicants must have a CRS of at least 400 and meet other criteria. Applicants who receive a notification of interest are given the chance to apply to OINP for a nomination under the Human Capital Priorities Stream. Successful applicants get an additional 600 points on their CRS and then will be issued an invitation to apply through the federal Express Entry program.
So far this year, Ontario has issued notifications of interest to applicants with scores ranging from the mid-430s to mid-440s.
BAL Analysis: Ontario is aggressively searching the federal Express Entry pool for applicants for provincial nominations. Many of these applicants are among those who just miss the cutoff for federal Express Entry invitations, which this year have been issued to applicants with CRS scores in the low or mid-440s. Those who secure a provincial nomination, however, all are all but guaranteed to have a chance of getting a letter of invitation for permanent residence.
What is the change? Canada has set its allocation for the Ontario Immigrant Nominee Program at 6,600 nominations, an increase of 600 over last year’s allocation.
What does the change mean? The online application system has reopened and is accepting applications for several streams of the OINP. In addition, the program will resume issuing Notifications of Interest (NOIs) to applicants who qualify for Ontario’s Express Entry Human Capital Priorities Stream.
Background: The following streams of the OINP are open for applications:
Updates will be provided on the OINP webpage when the program begins accepting applications for the Masters Graduate and Ph.D. Graduate Streams.
BAL Analysis: The increase in nominations will provide additional opportunities under this popular program. Interested applicants should apply as early as possible, as the intake of applications is expected to exceed the quota and the program will stop accepting applications once the quota is filled.
What is the change? A pilot program that allows spouses and common-law partners of Canadian citizens and permanent residents to obtain an open work permit while awaiting permanent residence has been extended through Jan. 31, 2019.
What does the change mean? The program allows spouses and common-law partners to obtain work authorization sooner than if they wait for approval of their permanent residence applications, which can take up to one year.
Background: The pilot program was launched in December 2014 and has been extended several times. Before the program, spouses and partners had to wait for an approval-in-principle of their residency applications before they could apply for work permits.
BAL Analysis: The extension of the pilot program is in accordance with the government’s priority of family reunification and enables spouses and partners to begin work sooner, benefiting their families and employers’ ability to hire and retain expatriate workers.
Copyright © 2017 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.