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IMPACT – MEDIUM
What is the change? A grace period that has allowed visa-exempt foreign nationals to board airplanes for Canada without electronic travel authorization (eTA) will come to an end Thursday, Nov. 10.
What does the change mean? Beginning Thursday, visa-waived nationals traveling by air to Canada must obtain an eTA before departing. U.S. citizens are exempt from the requirement.
Background: Canadian officials pushed back the eTA deadline in September, but the system is now set to become mandatory Thursday. Beginning on that day, non-U.S. visa-waived nationals will be required to obtain an eTA in order to board an airplane for Canada. Visa-required nationals still must obtain a visa, not an eTA. And dual Canadian citizens will be required to use their Canadian passport to enter Canada by air. Otherwise they will risk being denied boarding or entry.
BAL Analysis: Frequent travelers to Canada or those planning air travel on or after Thursday, Nov. 10 should apply for their eTA as soon as possible.
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.
What is the change? The Canadian government this week announced a new Global Skills Strategy that will aim to reduce visa and work permit processing times to no more than two weeks. The government also said it will waive work authorization requirements for some short-term assignments.
What does the change mean? When implemented, the changes could significantly reduce visa processing times and reduce administrative requirements for many foreign nationals traveling to Canada for short-term work.
Background: The Global Skills Strategy was announced in Canada’s Fall Economic Statement 2016, which was released Monday and aimed in part to address the problems the Canadian government says it has had in providing speedy permit processing.
“In too many cases, long processing times for work permits make it difficult for Canadian businesses to attract the talent they need to succeed,” the statement said. “Whether it’s to bring in staff to help train Canadian workers or bring new, international experiences to Canadian companies, once here, these talented workers can drive innovation and help Canadian firms to grow and prosper – leading to more jobs for Canada’s middle class and a stronger economy for all.”
The statement said work permit requirements will be waived for “work terms of fewer than 30 days in a year” in order “to facilitate short-term, inter-company work exchanges, study exchanges, or the entrance of temporary expertise.”
BAL Analysis: While the changes announced this week are welcome news, few details on how they will be implemented were provided. Once more information is provided, it should become clearer how significant the benefits may be.
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.
What is the change? Canada conducted its 23rd Express Entry draw of 2016 Wednesday, issuing 2,080 invitations to apply. The lowest qualifying score was 472.
What does the change mean? The number of candidates invited to apply for permanent residency was the highest of any draw this year, up again from the last draw. The minimum score decreased slightly to 472 from 475 on Oct. 19.
Background: In 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials projected a greater number for 2016, and have issued just 25,982 so far this year. The number of invitations has increased dramatically in the last two months. Express Entry Draws in 2016:
BAL Analysis: More invitations to apply were issued in Wednesday’s draw than in any draw 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, as it was the lowest minimum qualifying score since April.
What is the change? Canada has set a target of admitting 300,000 new immigrants in 2017 – the same number as in 2016, Minister of Immigration, Refugees and Citizenship John McCallum announced Monday.
What does the change mean? Despite recommendations to dramatically increase the number of immigrants, the government will keep the total number of immigrants the same, but apportion a greater number to the skilled-worker and family-reunification categories and decrease the overall number of immigrants in the refugee and humanitarian categories.
A comparison of 2016 and 2017 immigration targets:
The number of total economic immigrants will increase by 7 percent compared with 2016. The Federal Economic programs – which includes the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class and Atlantic Immigration Pilot Program – will represent 73,700 (about 43 percent) of total economic immigration, followed by the Provincial Nominee Program which will represent 51,000 (nearly 30 percent) of the total.
Earlier this month, the government’s advisory council on economic growth recommended that Canada increase immigration by 50 percent to 450,000 over each of the next five years to help boost the economy and attract foreign investors, students and entrepreneurs.
BAL Analysis: Despite suggestions by the minister that Canada would substantially increase the number of new immigrants in 2017, the total number will remain the same in an effort to reduce wait times and backlogs. The increase to the targets for the economic and family streams is positive news for businesses, skilled migrants and their family members.
What is the change? Canada’s immigration authorities have proposed broadening the definition of “dependent child” by raising the maximum age for qualifying as a dependent to 21.
What does the change mean? Under current rules, only dependents who are 18 years old and younger qualify as dependents. The proposal, which the government plans to implement in the fall of 2017, would allow foreign nationals to sponsor children up to age 21 for permanent residency.
Background: On Aug. 1, 2014, the Canadian government changed the definition of “dependent child” to include only children who were 18 years old or younger. The new proposal would revert to the pre-2014 definition of dependent child as “less than 22 years of age.”
BAL Analysis: The reversion to the earlier and broader definition of “dependent child” will encourage family reunification and is a positive change for foreign employees seeking to sponsor children under 22.
IMPACT – LOW
What is the change? Canada has announced that it plans to extend visa-waived status to nationals of Bulgaria and Romania in 2017.
What does the change mean? Beginning May 1, 2017, a limited visa-exemption will be allowed for Bulgarian and Romanian nationals who have held a valid visitor visa to Canada within the previous 10 years or who hold a valid U.S. nonimmigrant visa. Starting Dec. 1, 2017, all Bulgarian and Romanian nationals will be able to travel to Canada using the Electronic Travel Authorization (eTA) system instead of having to apply for a visitor visa.
Background: Canada allows visa-waived status to all EU countries except Bulgaria and Romania, on the grounds that the two countries do not meet Canada’s criteria for the visa waiver. Canadians enjoy visa-waiver status with the EU, and EU law requires visa-waiver reciprocity. The two Eastern European countries threatened to veto a Canadian-European trade deal if Canada did not extend the visa waiver to them. Under Canada’s proposal, after visa requirements are lifted, Canada reserves the right to re-impose visa requirements on Bulgaria and Romania if irregular immigration levels rise significantly.
BAL Analysis: Canada’s granting of the visa waiver to Bulgaria and Romania would end a protracted dispute over visa-waiver reciprocity between Canada and the EU.
What is the change? Under a proposed legal change, Canada would repeal a conditional permanent residence rule that requires a foreign spouse or partner who is sponsored by a Canadian citizen or permanent resident to cohabit for two years in order to prove the legitimacy of the relationship.
What does the change mean? Spouses or partners who are sponsored by a Canadian citizen or permanent resident would no longer be subject to a two-year period of conditional permanent residency.
Background: The current rule applies where the relationship has lasted less than two years and the couple has no children in common. The repeal of the two-year conditional permanent residency is intended to make sure sponsored foreign spouses and partners are not at increased risk of domestic abuse.
BAL Analysis: The proposed change would facilitate spousal family reunification, especially where the relationship is less than two years old.
What is the change? Canada is conducting its 22nd Express Entry draw of 2016 today, issuing 1,804 invitations to apply. The lowest qualifying score was 475.
What does the change mean? The number of candidates invited to apply for permanent residency rose significantly from the previous draw last week, while the minimum score also decreased.
Background: Last year, Canada issued 31,063 invitations to apply through Express Entry. Officials had projected a greater number for 2016, but have issued just 23,902 so far this year.
Express Entry Draws in 2016:
BAL Analysis: The latest draw is consistent with the general trend in the past several months to increase 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, representing the lowest minimum qualifying score since April.
What is the change? Canada has conducted its 21st Express Entry draw of 2016, issuing 1,518 invitations to apply. The lowest qualifying score was 484.
What does the change mean? The number of invitations was up significantly from the last draw, though officials waited three weeks – rather than the usual two – to conduct the draw. The minimum score changed hardly at all, and was up one point from 483 in the Sept. 21 draw.
Background: Last year, Canada issued 31,063 invitations to apply through Express Entry. Officials had projected a greater number for 2016, but have issued just 22,098 so far this year.
BAL Analysis: The number of invitations to apply in Wednesday’s draw hit its highest point since Jan. 13, though that is less of a surprise given that officials had not conducted a draw in three weeks. The minimum score remained in the 480-490 range after spiking to 538 on Aug. 24.
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@balglobal.com.
What is the change? Canada has conducted its 20th Express Entry draw of 2016, issuing 1,288 invitations to apply. The lowest qualifying score was 483.
What does the change mean? The number of invitations was up significantly for the second straight draw after hovering between 747 and 799 from May through August and then jumping to 1,000 in the Sept. 7 draw. The minimum score dropped slightly to 483 from 491 in the Sept. 7 draw.
Background: Last year, Canada issued 31,063 invitations to apply through Express Entry. Officials had projected a greater number for 2016, but have issued just 20,580 so far this year.
BAL Analysis: The number of invitations to apply in Wednesday’s draw hit its highest point since Feb. 24, while the minimum score remained in the 480-490 range after spiking to 538 on Aug. 24. BAL will continue to follow Canada’s Express Entry program to gauge whether the recent increase in invitations to apply will become a sustained trend.