IMPACT – MEDIUM

What is the change? Canada conducted its 27th Express Entry draw of 2016 Thursday, issuing 2,878 invitations to apply for permanent residency. The lowest qualifying score was 475.

What does the change mean? More candidates were invited to apply than in any other draw this year. Additionally, under the new Express Entry scoring system, a minimum qualifying score of 475 indicates that Canada may be issuing invitations to apply to candidates with lower scores on “human capital factors” such as age, education level and language proficiency.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: Permanent residency through Express Entry.
  • Who is affected: Canadian companies sponsoring foreign nationals through one of four skilled migration programs: Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and a portion of the Provincial Nominee Program.

Background: In 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials projected a greater number for 2016, and, after the most recent draw, have issued 33,941 invitations to apply this year.

Express Entry Draws in 2016:

Date Invitations Score Date Invitations Score
Jan. 6 1,463 461 July 13 747 482
Jan. 13 1,518 453 July 27 755 488
Jan. 27 1,468 457 Aug. 10 754 490
Feb. 10 1,505 459 Aug. 24 750 538
Feb. 24 1,484 453 Sept. 7 1,000 491
March 9 1,013 473 Sept. 21 1,288 483
March 23 1,014 470 Oct. 12 1,518 484
April 6 954 470 Oct. 19 1,804 475
April 20 1,018 468 Nov. 2 2,080 472
May 6 799 534   Nov. 16 2,427 470
May 18 763 484   Nov. 30* 559 (PNP nominees only) 786
June 1 762 483   Dec. 16* 1,936 497
June 15 752 488   Dec. 22* 2,878 475
June 29 773 482  

*Draws conducted after new scoring system was implemented.

Thursday’s draw was the third since Canada announced it was switching to a new scoring system for its Express Entry program. And while a lowest qualifying score of 475 may not look much different from other minimum scores throughout 2016, it is an indication that Canada is beginning to broaden the pool of candidates.

The new scoring system automatically awards 50 points to candidates with a valid job offer in a NOC 0, A or B occupation. An additional 30 points are automatically awarded to those who have completed at least a three-year post-secondary course in Canada. When the automatic points are figured into the equation, a minimum score of 475 may indicate that Canada is accepting more candidates with lower scores on the human capital factors listed above.

BAL Analysis: The changes to the ranking system in Express Entry were expected to broaden the pool of candidates who obtain an invitation to apply for permanent residency, and the most recent draw indicates that this is beginning to happen. BAL will continue to follow Express Entry draws in the new year to determine whether this development becomes a sustained trend.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2016 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 – LOW

Recently announced changes to Canada’s Temporary Foreign Worker Program will primarily affect companies that employ low-skilled workers and will not impact companies bringing high-skilled foreign workers in professional or managerial positions to Canada.

Key points:

  • A rule that limited some lower-skilled workers to a cumulative four-year stay in Canada has been repealed. The “four in, four out” rule was introduced in 2011 and also required those workers to remain outside Canada for at least four years before returning to work.
  • The percentage of low-wage foreign workers allowed to be employed at a worksite will be cut to 10 percent for employers who began using the program after June 20, 2014. It will remain at 20 percent for employers who used the program before that date.
  • Employers of some low-wage foreign workers will be required to meet new job advertising requirements, including new requirements on advertising to certain groups that are underrepresented in the workforce: young people, people with disabilities, indigenous people and newcomers.

Background: The changes are the first in a series of reforms to the Temporary Foreign Worker Program and are consistent with recommendations made in September by a Parliamentary committee. The government said other changes recommended by the committee would be forthcoming in the new year.

BAL Analysis: While the changes significantly impact many employers with low-wage foreign workers, they will have little effect on companies employing high-skilled foreign workers. BAL will continue following immigration-related events in Canada in the new year, including any other changes to the Temporary Foreign Worker Program.

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.

Copyright © 2016 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 – MEDIUM

What is the change? Canada conducted its 26th Express Entry draw of 2016 Friday, issuing 1,936 invitations to apply. The lowest qualifying score was 497.

What does the change mean? More candidates were invited to apply for permanent residency than in all but two other draws this year.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: Permanent residency through Express Entry.
  • Who is affected: Canadian companies sponsoring foreign nationals through one of four skilled migration programs: Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and a portion of the Provincial Nominee Program.

Background: In 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials projected a greater number for 2016, and have issued 30,904 so far this year.

Express Entry Draws in 2016:

Date Invitations Score Date Invitations Score
Jan. 6 1,463 461 June 29 773 482
Jan. 13 1,518 453 July 13 747 482
Jan. 27 1,468 457 July 27 755 488
Feb. 10 1,505 459 Aug. 10 754 490
Feb. 24 1,484 453 Aug. 24 750 538
March 9 1,013 473 Sept. 7 1,000 491
March 23 1,014 470 Sept. 21 1,288 483
April 6 954 470 Oct. 12 1,518 484
April 20 1,018 468 Oct. 19 1,804 475
May 6 799 534 Nov. 2 2,080 472
May 18 763 484 Nov. 16 2,427 470
June 1 762 483 Nov. 30 559 (PNP nominees only) 786
June 15 752 488 Dec. 16 1,936 497

Friday’s draw was the second since Canada announced it was switching to a new scoring system for its Express Entry program. In the last draw, however, officials limited invitations to apply to provincial nominees only. In that draw, a total of 559 invitations to apply were issued, with a minimum qualifying score of 786 points. The new scoring system is designed to benefit candidates who hold an employer-specific work permit without a Labor Market Impact Assessment (LMIA) approval if they have at least one year of experience with that employer, as well as graduates of Canadian post-secondary educational institutions.

BAL Analysis: The changes to the ranking system in Express Entry are expected to broaden the pool of candidates and lower the minimum score required to obtain an invitation to apply for permanent residency. BAL will continue to follow Express Entry draws this year and into the new year to determine how the changes are affecting Express Entry selections and minimum scores in the long term.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2016 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 – MEDIUM

What is the change? Canada has announced a new system for selecting applicants in the popular parent and grandparent sponsorship program.

What does the change mean? Applicants will have 30 days from the opening of the program (from noon EST Jan. 3, 2017 to noon EST Feb. 2, 2017) to fill out an online form expressing their interest. The government will randomly select 10,000 applicants and invite them to complete their application forms.

  • Implementation time frame: The program will open noon EST Jan. 3.
  • Visas/permits affected: Parent and grandparent sponsorship program.
  • Who is affected: Canadian citizens and permanent residents seeking to sponsor a parent or grandparent for permanent residency.
  • Business impact: The system will no longer be first-come, first-served and should help relieve the perennial rush to file in January.
  • Next steps: The program remains extremely popular and applicants should prepare to file within the 30-day window beginning Jan. 3.

Background: The parent and grandparent visa program allows Canadian citizens and permanent residents to sponsor a parent or grandparent for Canadian permanent residency. The program is capped and perennially oversubscribed though the government doubled the quota to 10,000 last year.

Under the new system, sponsors will have 30 days to fill out an online form and the department of Immigration Refugees and Citizenship will randomly select 10,000 individuals who will be invited to complete the visa application process. Individuals who are invited to apply will have 90 days to submit their completed applications.

BAL Analysis: The lottery system will make selection more equitable for applicants seeking to sponsor a parent or grandparent. Due to the popularity of the program and introduction of the online form, applicants who are interested are advised to apply early in January and not wait until the end of the 30-day period to complete the online form. The online form will be available on the IRCC website starting at noon EST Jan. 3, and the 2017 visa application kit and guide will be available on IRCC’s website Jan. 9.

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.

Copyright © 2016 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 – MEDIUM

What is the change? The Canadian government said Wednesday that new spousal reunification applications will be processed in 12 months or less in most cases.

What does the change mean? Effective immediately, most spousal reunification applications will be processed in 12 months or less, although complex cases may take longer. The government also said that Immigration, Refugees and Citizenship Canada will continue to process spousal reunification applications that have already been filed in the order in which they were received and that most “families who have been waiting should have a decision on their sponsorship application no later than the end of December 2017.”

  • Implementation time frame: Immediate and ongoing.
  • Who is affected: Canadian citizens or permanent residents sponsoring a spouse or common-law partner for Canadian permanent residence.
  • Impact on processing times: The change would mark a significant improvement over current processing times, which average 22 months for applications in Canada and 16 months for applications outside of Canada in 2016, according to government statistics.
  • Next steps: A new application kit for spousal reunification sponsors will become available Dec. 15. IRCC will continue to accept applications using the current kit through Jan. 31, but after that applicants must use the new kit.

Background: Government data show that spousal reunification processing times have already seen improvements in the last few years, dropping from a high in 2014 of 27 months for applications filed in Canada and 18 months for applications filed outside of Canada. Even with the recent improvements, however, reducing processing times below 12 months would be a significant achievement. The new application kit is expected to ease the process for applications by allowing, among other changes, applicants to submit certain information, such as medical examination results, after submitting an application.

BAL Analysis: The change is welcome news and reflects a commitment by the Canadian government to improve the spousal reunification process.

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.

Copyright © 2016 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 – MEDIUM

What is the change? Canada conducted an Express Entry draw Wednesday, but limited its invitation to apply to provincial nominees only. A total of 559 invitations to apply were issued to provincial nominees with a minimum qualifying score of 786 points.

What does the change mean? Because the draw only included individuals selected by provincial nominee programs, it is not an indicator of how new changes to the comprehensive ranking system will affect Express Entry candidates in coming months.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: Permanent residency through Express Entry.
  • Who is affected: Foreign nationals nominated under the Provincial Nominee Program.
  • Business impact: This draw only affects provincial nominees, who earn 600 bonus points under the comprehensive ranking system.

Express Entry Draws in 2016:

Date Invitations Score Date Invitations Score
Jan. 6 1,463 461 June 29 773 482
Jan. 13 1,518 453 July 13 747 482
Jan. 27 1,468 457 July 27 755 488
Feb. 10 1,505 459 Aug. 10 754 490
Feb. 24 1,484 453 Aug. 24 750 538
March 9 1,013 473 Sept. 7 1,000 491
March 23 1,014 470 Sept. 21 1,288 483
April 6 954 470 Oct. 12 1,518 484
April 20 1,018 468 Oct. 19 1,804 475
May 6 799 534   Nov. 2 2,080 472
May 18 763 484   Nov. 16 2,427 470
June 1 762 483   Nov. 30 559 (PNP nominees only) 786
June 15 752 488        

Background: Canada recently made substantial changes its Express Entry scoring system. The changes benefit candidates who already hold employer-specific work permits that are exempt from a Labor Market Impact Assessment and have worked at least one year for that employer, as well as graduates of Canadian post-secondary educational institutions. Under the new system, 600 points are no longer awarded for LMIA-approved job offers.

B·A·L Analysis: Today’s draw was highly anticipated as the first draw since new changes to the Express Entry scoring system took effect on Nov. 19. However, the invitations to apply in today’s draw were not based soley on human-capital factors and thus provide little insight into how the changes will affect Express Entry selections and minimum scores in the long term.

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.

Copyright © 2016 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 – MEDIUM

What is the change? Mexican nationals will be visa-exempt for travel to Canada beginning Dec. 1.

What does the change mean? Before Dec. 1, Mexican nationals must have a visa to enter Canada. On and after Dec. 1, they must apply for an electronic Travel Authorization (eTA) in order to enter Canada without a visa from a consulate.

  • Implementation time frame: Dec. 1.
  • Visas/permits affected:  eTA.
  • Who is affected: Mexican nationals.
  • Business impact: The addition of Mexican nationals to the list of visitors eligible for visa-waived travel will ease short business trips.
  • Next steps: Mexican nationals may apply now for an eTA, but may not enter Canada with it until 12 a.m. EST Dec. 1.  

Background: Since Nov. 25, Mexican nationals have been able to apply for an eTA, but can only use an approved eTA for travel on or after Dec. 1. They do not need an eTA to enter Canada by land or sea.

For travel until 11:59 p.m. EST Nov. 30, Mexican nationals must continue to hold a visa.

B·A·L Analysis: Mexican nationals planning travel after Dec. 1 may now apply for an eTA. All visa-waived travelers are also reminded that they must now obtain an eTA online before boarding a flight to Canada.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2016 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 – MEDIUM

What is the change? Canada conducted its 24th Express Entry draw of 2016 Wednesday, issuing 2,427 invitations to apply. The lowest qualifying score was 470.

What does the change mean? For the third straight draw, the number of candidates invited to apply for permanent residency was the highest it has been this year. The minimum score decreased slightly to 470 from 472 on Nov. 2.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: Permanent residency through Express Entry.
  • Who is affected: Canadian companies sponsoring foreign nationals through one of four skilled migration programs: Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and a portion of the Provincial Nominee Program.
  • Business impact: The minimum qualifying score has remained under 600 in all draws this year, indicating that some candidates continue to be issued invitations to apply without having an LMIA-supported job offer or provincial nomination. 

Background: in 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials projected a greater number for 2016, and have issued just 28,409 so far this year. The number of invitations has increased dramatically in draws in the last two months compared with most draws earlier this year.

Express Entry Draws in 2016:

Date Invitations Score Date Invitations Score
Jan. 6 1,463 461 June 15 752 488
Jan. 13 1,518 453 June 29 773 482
Jan. 27 1,468 457 July 13 747 482
Feb. 10 1,505 459 July 27 755 488
Feb. 24 1,484 453 Aug. 10 754 490
March 9 1,013 473 Aug. 24 750 538
March 23 1,014 470 Sept. 7 1,000 491
April 6 954 470 Sept. 21 1,288 483
April 20 1,018 468 Oct. 12 1,518 484
May 6 799 534   Oct. 19 1,804 475
May 18 763 484   Nov. 2 2,080 472
June 1 762 483   Nov. 16 2,427 470

B·A·L Analysis: Wednesday’s draw was the last before changes to the Express Entry scoring system take effect. More invitations to apply were issued in Wednesday’s draw than in any so far this year. The increase is consistent with the trend in the past two months toward an increase in the number of candidates invited to apply for permanent residency per draw. The drop in the minimum qualifying score is also positive news for Express Entry candidates.

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.

Copyright © 2016 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

What is the change? Significant changes to the scoring system under the points-based Express Entry program will take effect Nov. 19.

What does the change mean? The new scoring system will benefit candidates who hold an employer-specific work permit without a Labor Market Impact Assessment (LMIA) approval if they have at least one year of experience with that employer, as well as graduates of Canadian post-secondary educational institutions.

  • Implementation time frame: Nov. 19.
  • Visas/permits affected: Permanent residency through Express Entry.
  • Who is affected: Canadian employers and foreign workers seeking permanent residency through Canadian skilled migration programs.
  • Impact on processing times: Express Entry candidates who are granted an invitation to apply will have 90 days (instead of 60 days under current rules) to submit their applications for permanent residency.
  • Business impact: The changes to the points system significantly reduce the benefit of applying for an LMIA, as the points awarded for an LMIA-based job offer will drop from 600 points to 50 points in most cases, with the points for senior management positions (National Occupation Classification (NOC) level “00”) dropping to 200.
  • Next steps: Employers should reconsider whether to pursue an LMIA in pending cases.

Background: The changes were announced by Immigration, Refugees and Citizenship Canada on Thursday and will take effect Nov. 19.

Among the key changes:

  • The system will no longer award 600 points to individuals for having an LMIA-approved job offer. Provincial Nominee Program nominations will still be awarded 600 points.
  • 50 points will be awarded to individuals who have an offer of employment for jobs in NOCs 0, A or B, including LMIA-based work permits, intracompany transfers, provincial nominee program categories and NAFTA professionals. The candidate must have worked for the employer for at least one year and have an offer of continued full-time permanent employment.
  • 200 points will be awarded to those NOC 0 positions designated as “00” for senior managerial positions that meet the criteria set out in the in the bullet above.
  • Graduates who complete a minimum three-year post-secondary course in Canada will earn an additional 30 points to their score.
  • Graduates who complete a one- or two-year post-secondary diploma in Canada will earn an additional 15 points to their score.

BAL Analysis: The changes to the ranking system in Express Entry are a positive development for employers and are expected to broaden the pool of candidates and lower the minimum score required to obtain an invitation to apply for permanent residency.

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.

Copyright © 2016 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 – MEDIUM

What is the change? Canada’s parent and grandparent sponsorship program will reopen Jan. 3, 2017.

What does the change mean? Canadian citizens and permanent residents seeking to sponsor a parent or grandparent for permanent residency should apply as soon as the program reopens on Jan. 3, as demand is extremely high.

  • Implementation time frame: Jan. 3, 2017.
  • Visas/permits affected: Permanent residency.
  • Who is affected: Canadian citizens and permanent residents sponsoring a parent or grandparent to become permanent residents.
  • Next steps: Eligible applicants should begin their applications now. The program accepts new and completed applications on a first-come, first-served basis and typically reaches the quota and closes within several days.

Background: The Parent and Grandparent Program, which reopens Jan. 3, is expected to be capped at the first 10,000 applicants. The Trudeau government doubled the limit last year from the previous cap of 5,000.

BAL Analysis: Applicants interested in bringing a parent or grandparent to settle in Canada should begin preparing their applications now for this popular program, as spaces are limited and will be filled quickly after the application period reopens. Applicants who do not make the quota should explore alternatives such as the Parent and Grandparent Super Visa, which is valid for up to 10 years and allows parents and grandparents to visit family for up to two years without exiting or renewing their visa.

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.

Copyright © 2016 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.