Search
Contact
Login
Share this article
IMPACT – HIGH
What is the change? Canadian authorities have extended the leniency period for the Electronic Travel Authorization requirement.
What does the change mean? Canada was expected to require an eTA for visa-waived nationals, excluding U.S. citizens, beginning Sept. 30. The extended leniency period will allow visa-waived nationals to continue traveling to Canada without an eTA through Nov. 9.
Background: The extension of the leniency period Tuesday marks the second time Canadian officials have pushed back the eTA deadline after the program was originally scheduled to become mandatory in March.
“In consultation with airline partners, we’re taking further steps to minimize any travel disruptions,” John McCallum, Minister of Immigration, Refugees and Citizenship said in a statement Tuesday. “We are extending the leniency period and doing another major information blitz in Canada and abroad to encourage affected travellers, including dual Canadian citizens, to plan ahead and get the necessary travel documents before they book a flight to Canada.”
Visa-waived nationals may continue applying for eTAs, even though they will not be required until Nov. 10. Visa required nationals must obtain a visa to travel to Canada, not an eTA. Canadian citizens, including dual citizens, must have a valid Canadian passport in order to board a flight for Canada or will face the possibility of significant travel delays.
BAL Analysis: While the mandatory use of eTAs has been postponed, visa-waived nationals planning travel to Canada are nevertheless advised to obtain an eTA as soon as possible in order to avoid future delays. Those with urgent travel needs, however, will be able to travel to Canada without an eTA through Nov. 9.
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 conducted its 19th Express Entry draw of 2016, issuing 1,000 invitations to apply – significantly more than in recent draws. The lowest qualifying score was 491.
What does the change mean? The number of invitations was up significantly after hovering between 747 and 799 for the last four months. The minimum score dropped back down after hitting a high of 538 in the Aug. 24 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 19,292 so far this year.
Express Entry Draws in 2016:
BAL Analysis: The number of invitations to apply in Wednesday’s draw hit its highest point since April 20, while the minimum score returned to the 490 range after spiking to 538 on Aug. 24. BAL will continue to follow Canada’s Express Entry program to gauge whether the increase in invitations marks the start of a new trend or is an isolated occurrence after Canada issued far fewer invitations in other draws over the past four months.
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.
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP
Travelers should expect delays at ports of entry on the U.S.-Canada border Sept. 2-5 due to the Labor Day weekend. The holiday is celebrated in both countries.
Travelers are advised to cross the border as early as possible and consider entry routes that are less popular. For advisories and wait times at border crossings, travelers may use the U.S. Customs and Border Protection Border Wait Times tool or check the Canada Border Services Agency wait times website.
Travelers enrolled in Trusted Traveler programs, including NEXUS, SENTRI and Global Entry, can take advantage of expedited processing at ports of entry. While enrollment in these programs takes several months and cannot be obtained prior to the holiday, travelers should consider applying at the Global Online Enrollment System’s registration page to expedite future travel.
BAL Analysis: Travelers crossing the U.S.-Canada border over the Labor Day weekend should expect delays due to high traffic volume.
Follow us on Twitter: @BAL_Immigration
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
What is the change? Canada has conducted its 18th Express Entry draw of 2016, issuing 750 invitations to apply. The lowest qualifying score was 538 – higher than it has been than at any point during the year.
What does the change mean? The number of invitations to apply has changed little in the past eight draws, but is down considerably compared with earlier this year. The minimum score of 538 was up significantly compared with minimum scores in recent draws.
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 18,292 so far this year. If recent trends continue, Canada will fall short of last year’s total.
BAL Analysis: Although the minimum score to obtain an invitation to apply is up in the latest draw, it still remains below 600 even as fewer candidates have been selected in recent Express Entry draws.
What is the change? Following stalled labor negotiations, Canada Post has given notice that postal workers will be locked out as of Friday unless the parties reach a last-minute agreement.
What does the change mean? If the lockout occurs, mail acceptance and delivery will stop. Immigration, Refugees and Citizenship Canada (IRCC) has issued operational instructions in the event of suspension of postal services.
Background: Canada Post and the union representing approximately 50,000 postal workers have been in contract negotiations since December over pay raises for rural workers, retirement benefits and overtime. Last week, the union entered a legal strike position. On Tuesday, Canada Post gave 72 hours’ notice of suspension of the collective bargaining agreement.
IRCC has instructed that all lines of immigration-related service will be affected. IRCC will hold all nonurgent outgoing mail during a postal lockout or strike except for payments to recipients, which will be delivered by courier where available.
Applicants should apply online where permitted, and IRCC will accept electronic forms and supporting documents but reserves the right to request hard copies.
Standard processing times will remain in place. When mail services resume, IRCC will process applications in the order of the postage date stamps on the mailings.
BAL Analysis: In the event of a postal lockout or labor strike, employers and individuals are reminded that issuance of their work permit renewals will be on hold. Clients may contact their BAL professional for further guidance on the appropriate action for each type of request.
What is the change? Canada has conducted its 14th Express Entry draw of 2016, issuing 773 invitations to apply. The lowest qualifying score was 488.
What does the change mean? The lowest qualifying score remains low and in line with the previous three draws, but the number of invitations for permanent residency has also fallen in the past several draws compared to draws earlier this year.
Background: Last year, Canada issued 31,063 invitations to apply through Express Entry. Officials had projected a greater number for 2016, but at mid-year they have only issued 15,286 invitations to apply, less than half of last year’s invitations.
BAL Analysis: The latest draw indicates that the minimum score to obtain an invitation to apply remains low; however, fewer candidates have been selected and offered invitations to apply in the past several rounds.
What is the change? Canada’s postal workers are set to go on strike Saturday if a collective bargaining agreement is not reached before then.
What does the change mean? Companies and individuals should plan for a possible strike, which would disrupt mail service across Canada. If the workers strike, applicants should also expect delays in receiving work permit extensions, as all work permit extensions are sent to applicants via regular mail only.
Background: The Canadian Union of Postal Workers, representing 50,000 postal workers, has been in contract negotiations for months with Canada Post, the primary postal delivery service, over retirement benefits and overtime.
The parties are in a “cooling off” period with a July 2 deadline. On Tuesday, the union’s request for a two-week extension of negotiations was denied, making a strike more likely.
BAL Analysis: Employers and individual applicants should be aware that in the event of a strike, delivery of work-permit and other applications will be disrupted or halted, and applicants who filed work-permit extensions online will see a delay in receiving their extensions in the mail. Immigration, Refugees and Citizenship Canada has not indicated alternate measures in the event of a strike, but BAL is following developments and will report any changes.
What is the change? Prime Minister Justin Trudeau announced Tuesday that Canada would lift its visa requirement on Mexican nationals on Dec. 1.
What does the change mean? Beginning Dec. 1, Mexican nationals will be able to travel to Canada without first obtaining a visa. Mexican nationals will be required to obtain an Electronic Travel Authorization, or eTA, when traveling to or transiting through Canada, a requirement that is imposed on nationals of all visa-exempt countries except the United States. Mexican nationals who plan on working or studying in Canada will be required to obtain work or study permits at a Canadian embassy or consulate in advance of travel.
Background: Trudeau made the announcement Tuesday at the end of a state visit by Mexican President Enrique Peña Nieto. Lifting the visa requirement will fulfill a campaign promise, after Canada imposed the visa requirement in 2009. Officials said the two countries would work together to finalize the visa waiver in the coming months.
BAL Analysis: The change will eliminate lengthy consular visa processing for Mexican nationals. ETAs are significantly easier to obtain than visas. While work and study permits will have to be obtained prior to travel for those who wish to work or study in Canada, the announcement Tuesday will be welcome news to Mexican nationals who travel frequently to Canada.
What is the change? Authorities have clarified that visa-required nationals who have “implied status” based on a pending application to extend their period of authorized stay in Canada may leave the country for the United States or St. Pierre and Miquelon without having to obtain a new visa upon return.
What does the change mean? This option has been available for some time, but Immigration, Refugees and Citizenship Canada recently clarified its policy guidance on the matter. Visa-required residents with implied status who travel to any countries other than the U.S. and St. Pierre and Miquelon still must apply for visas or be in possession of a valid multiple-entry visa before returning to Canada.
Background: Temporary residents who leave Canada while their extension application is pending generally retain their resident status under “implied status,” though entry rules vary depending on whether they are nationals of a visa-exempt or visa-required country. Visa-exempt nationals or those in possession of a valid multiple-entry visa can re-enter Canada without obtaining a new visa; visa-required nationals generally cannot. De Brito v. Canada (Minister of Citizenship and Immigration), a 2003 court decision, however, interpreted immigration regulations to provide an exception to visa-required nationals who traveled solely to the U.S. or St. Pierre and Miquelon. In such instances, authorities have made clear, travelers can re-enter Canada without obtaining a new visa.
The exception only applies to travel to the U.S. or St. Pierre and Miquelon. Those planning travel to other countries should either wait for their work or study permit extensions and, subsequently, new visas to be approved or should plan on applying for a new visa before returning to Canada. They are also reminded that, regardless of whether they are visa-exempt or visa-required nationals, they are not permitted to work or study upon returning until they obtain a new work or study permit. Those who are eligible to do so can apply for work or study permits at points of entry.
BAL Analysis: The change clarifies the travel rules for visa-required temporary residents while awaiting an extension of their permit. The IRCC highly recommends that they be prepared to show documentary proof of their pending application at the point of entry upon returning to Canada. Visa-required temporary residents who have implied status should avoid trips outside of Canada to countries other than the U.S. or St. Pierre and Miquelon or plan to apply for a visa before returning to Canada.
What is the change? The new Mobilité Francophone program – a work-permit stream for French-speaking foreign nationals intending to work outside of Quebec – opens today.
What does the change mean? Employers will be exempt from the Labour Market Impact Assessment process when hiring French-speaking workers from abroad in managerial, professional and technical/skilled trades occupations in minority francophone communities outside of Quebec.
Background: Immigration, Refugees and Citizenship Canada is introducing the Mobilité Francophone stream to fulfill its target of expanding French-speaking immigration to 4 percent of all economic immigrants outside of Quebec by 2018 and 4.4 percent by 2023. A similar program was discontinued in 2014.
Foreign nationals will be eligible if they have been recruited through a francophone immigration promotional event coordinated between the federal government and francophone minority communities, are destined to work in a province or territory outside of Quebec, and are qualified in a job with a National Occupation Classification of O, A or B. Foreign applicants may not apply within Canada; initial applications must be submitted online or through an overseas mission.
Employers must submit an offer of employment and pay the employer compliance fee. Although the offer of employment does not require French language ability, the IRCC officer must be satisfied that the applicant’s habitual language is French.
BAL Analysis: The stream provides an option for employers extending job offers to eligible francophone or bilingual foreign workers in skilled jobs outside of Quebec without having to prove that qualified Canadian workers are unavailable for the role. Individuals with a work permit under the Mobilité Francophone stream will acquire Canadian work experience that can help them earn points under the Express Entry scoring system for permanent residency.