IMPACT – MEDIUM

What is the change? The province of Ontario has announced that the Ontario Immigrant Nominee Program (OINP) has met its 2016 federal quota of applications and has temporarily paused intake of applications for high-volume streams.

What does the change mean? New applications under the Employer Pre-screen and International Student (masters and Ph.D. graduate) streams will not be accepted and will be returned with their filing fees. Lower-volume streams continue to be available.

  • Implementation time frame: Immediate.
  • Visas/permits affected: OINP.
  • Who is affected: Foreign nationals seeking permanent residence through certain OINP streams.
  • Business impact: Foreign nationals in closed streams who cannot find alternative routes will have to wait until new federal quotas are allocated near the end of 2016.

Background: Ontario announced that applications in affected OINP streams that were not received by 5 p.m. EDT May 9 will be rejected.

The OINP will continue to accept applications in the Foreign Worker and International Student with a Job Offer stream, but only those whose job offer has been approved through the Employer Pre-screen application process may apply to the OINP within 60 days of the approval letter. Additionally, the OINP will continue to accept applications in the French-Speaking Skilled Worker, Corporate and Entrepreneur streams.

BAL Analysis: This indicates the strong demand for applications under the OINP, and foreign nationals may need to adjust their plans accordingly.

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 has conducted its 11th Express Entry draw of 2016, issuing 799 invitations to apply.

What does the change mean? The number of invitations dropped significantly from previous draws and the lowest qualifying score was 534, a sizeable rise from the previous draw and the highest minimum score this year.

  • Implementation time frame:
  • 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 was less than 600, indicating that some candidates were 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, and officials have projected a greater number for 2016. So far this year, Canada has issued 12,236 invitations to apply.

Express Entry Draws in 2016:

Date Invitations Minimum Score
Jan. 6 1,463 461
Jan. 13 1,518 453
Jan. 27 1,468 457
Feb. 10 1,505 459
Feb. 24 1,484 453
March 9 1,013 473
March 23 1,014 470
April 6 954 470
April 20 1,018 468
May 5 799 534

BAL Analysis: While the minimum qualifying score has risen, it remains below 600. The number of invitations has also decreased since February, an indication that the government may be shifting resources toward family reunification applications and clearing backlogs on old permanent residence applications submitted under the previous non-Express Entry routes.

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? Canadian authorities have announced that visa-waived nationals (excluding U.S. citizens) will be allowed to travel without an electronic travel authorization until Sept. 29, 2016.

What does the change mean? The initial eTA cutoff date was March 15. Canadian authorities announced in March that travelers would be able to board flights without an eTA “until fall 2016,” but did not provide a precise date for when the grace period would end.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: Electronic Travel Authorization.
  • Who is affected: Visa-waived nationals traveling to Canada (excluding U.S. citizens).
  • Business impact: The grace period allows business travelers with urgent travel needs to travel to Canada without an eTA. In the long term, travelers will benefit from the eTA program because eTAs are valid for five years and reduce repeat screening procedures.

Background: The eTA program was modeled on the U.S.’s Electronic System for Travel Authorization and requires travelers to be prescreened before entering Canada. The program was expected to become mandatory March 15, but authorities announced in early March that they would continue allowing visa-waived nationals to travel without an eTA until the fall. Immigration, Refugees and Citizenship Canada has since clarified on its website that the grace period will last until Sept. 29, 2016.

BAL Analysis: Visa-waived nationals (excluding U.S. citizens) traveling to Canada by air are 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 until Sept. 29, 2016.

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 ninth Express Entry draw of 2016, issuing 1,018 invitations to apply.

What does the change mean? The lowest qualifying score was 468, a slight drop from the minimum score in the last two draws. This indicates that the minimum score to qualify for an invitation to apply for permanent residency has risen from earlier in the year, but remains low.

  • 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 was less than 600, indicating that some candidates were 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, and officials have projected a greater number for 2016. So far this year, Canada has issued 11,437 invitations to apply:

Date Invitations Minimum Score
Jan. 6 1,463 461
Jan. 13 1,518 453
Jan. 27 1,468 457
Feb. 10 1,505 459
Feb. 24 1,484 453
March 9 1,013 473
March 23 1,014 470
April 6 954 470
April 20 1,018 468

BAL Analysis: Despite the increases in the minimum qualifying score in recent drawings, the minimum score remains in the low range and below 600. The number of invitations issued per draw has also decreased since February.

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 eighth Express Entry draw of 2016, issuing 954 invitations to apply.

What does the change mean? The lowest qualifying score was 470, the same minimum score as in the last draw. This indicates that the minimum score to qualify for an invitation to apply for permanent residency has risen from earlier in the year, but remains low.

  • 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 was less than 600, indicating that some candidates were 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, and officials have projected a greater number for 2016. So far this year, Canada has issued 10,419 invitations to apply:

Date Invitations Minimum Score
Jan. 6 1,463 461
Jan. 13 1,518 453
Jan. 27 1,468 457
Feb. 10 1,505 459
Feb. 24 1,484 453
March 9 1,013 473
March 23 1,014 470
April 6 954 470

BAL Analysis: Despite the increases in the minimum qualifying score in the last three drawings, the minimum score remains in the low range and below 600. The number of invitations issued per draw has dropped off since February and the latest draw had the lowest number of invitations, which could indicate a shift in resources toward family reunification, as detailed in recent government immigration projections.

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? A report on the first full year of Canada’s Express Entry system has been released by the ministry of Immigration, Refugees and Citizenship Canada.

What does the change mean? More than 31,000 invitations to apply for permanent residency were issued to foreign nationals in the first year, of which more than 21,000 applications remain pending and about 10,000 foreign nationals and their family members were admitted to Canada.

Key statistics:

  • Of the total 191,279 Express Entry profiles submitted as of Jan. 3, 63,937 profiles remained in the pool as active candidates or with an outstanding invitation to apply (after removing candidates who were ineligible, who left the pool or whose profiles expired).
  • The top country of nationality of those invited to apply was India (22 percent), followed by the Philippines (13 percent), then China, the United Kingdom, Ireland and the U.S. (all under 6 percent). A total of 78 percent of invitations to apply were issued to those residing in Canada.
  • Food industry professionals were the largest group of invited candidates, following by IT professionals, business and finance professionals and university professors.
  • As of Jan. 3, only slightly more than 4 percent of active candidates in the Express Entry pool had total scores above 450, and more than 50 percent of active candidates had scores between 350 and 449. Candidates with scores below 450 have never been issued an invitation to apply.
  • On average, 60 percent of candidates who received invitations to apply scored 600 or more points.
  • Candidates who held a Canadian study permit had a median score of 408, compared with 360 for those who have never held one.
  • Of the four streams, the Federal Skilled Worker program had the highest number of invitations to apply (43 percent) followed by Canadian Experience Class (36 percent), provincial nominee programs (13 percent), and Federal Skilled Trades program (8 percent). Across all streams, Alberta Province saw the highest number of applications for permanent residence, followed closely by Ontario and British Columbia.

Background: The Express Entry system launched in January 2015, using a 1,200-point comprehensive ranking system to prioritize candidates for permanent residency. Individuals must set up an online profile and earn points for qualifying job offers or provincial nominations and various human capital factors. Those who have an LMIA-supported job offer or a provincial nomination are automatically awarded 600 points.

BAL Analysis: Although the report is only a snapshot and the system is evolving, it confirms the strong advantage of those with an LMIA-supported job offer or provincial nomination. In addition, most of the successful applicants were in skilled positions. The report also showed that international students are at a serious disadvantage under Express Entry in contrast to the previous system.

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 has conducted its seventh Express Entry draw of 2016, issuing 1,014 invitations to apply.

What does the change mean? The lowest qualifying score was 470, indicating that the minimum score to qualify for an invitation to apply for permanent residency has risen from earlier in the year but remains low.

  • 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 was less than 600, indicating that some candidates were 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, and . officials have projected a greater number for 2016. So far this year, Canada has issued 9,465 invitations to apply:

Date Invitations Minimum Score
Jan. 6 1,463 461
Jan. 13 1,518 453
Jan. 27 1,468 457
Feb. 10 1,505 459
Feb. 24 1,484 453
March 9 1,013 473
March 23 1,014 470

BAL Analysis: Despite the increases in the minimum qualifying score in the last two drawings, the minimum score remains in the low range and below 600.

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 – HIGH

What is the change? Foreign nationals in Canada have been contacted by scammers posing as immigration officials.

What does the change mean? Foreign employees should be aware that Canadian immigration authorities never contact individuals by phone for purposes of collecting fines to avoid deportation and never ask for payment via money transfers or pre-paid credit cards.

  • Implementation time frame: Immediate and ongoing.
  • Who is affected: Foreign nationals in Canada.
  • Business impact: Companies should warn foreign employees about the scams and note that in some cases the scammers may appear legitimate because they may possess identifying information about the employee.
  • Next steps: Individuals may find more information on how to avoid becoming a victim of fraud on the CIC’s webpage.

Background: Similar scams have been reported around the world in recent years. In the current iteration, phone callers posing as Canadian immigration police tell foreign nationals that they have failed to provide certain information or personal ID numbers when they entered Canada. The callers then threaten the foreign nationals with deportation and revocation of their passport unless they pay a fine via money transfer.

BAL Analysis: Foreign employees and family members are reminded about ongoing scams and are cautioned not to give personal information or pay immigration fees by phone. Canadian immigration authorities warned about a similar scam in June, advising that anyone receiving such calls hang up immediately and report the incident to local police and the Anti-Fraud Centre.

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? A work permit stream will be introduced for foreign nationals from French-speaking countries intending to work in Canada outside of Quebec. A similar program was discontinued in 2014.

What does the change mean? The Mobilité Francophone stream will not require a Labor Market Impact Assessment and will be suitable for individuals in managerial, professional and technical/skilled trade occupations, but other details have not been released.

  • Implementation time frame: June 1.
  • Visas/permits affected: LMIA-exempt work permits under the International Mobility Program.
  • Who is affected: Nationals of French-speaking countries coming to Canada to work in French-speaking communities outside of Quebec.
  • Business impact: The stream may provide a good option for companies hiring employees from French-speaking countries because it will not require a Labor Market Impact Assessment.   

Background: Canada is launching the Mobilité Francophone stream with the goal of expanding French-speaking immigration outside of Quebec to 4 percent of all economic immigrants in those areas by 2018.

BAL Analysis: Employers may benefit from the new program if they are hiring foreign employees from French-speaking countries to work in skilled jobs outside of Quebec. BAL will update clients when details about the eligibility criteria and other requirements become available.

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 plans to increase immigration levels in 2016 by 7.4 percent over those of 2015, with a target of admitting 300,000 new permanent residents this year.

What does the change mean? The increased admissions will be in the family reunification and refugee categories, while economic-based admissions will decrease by 11 percent.

Background: The new Liberal Party government’s immigration projections indicate a shift toward family reunification and refugee admissions.

Immigration Class 2015 Target Levels 2016 Target Levels
Economic 181,300 160,600
Family 68,000 80,000
Refugee 24,800 55,800
Humanitarian 5,100 3,600
TOTAL 279,200 300,000

BAL Analysis: Within the economic category, admissions through the Federal Economic High-Skilled Programs, which includes the Federal Skilled Worker Program, the Federal Skilled Trades Program and Canadian Experience Class, have a 2016 target of 58,400, a drop from the 2015 combined target range of 68,000 to 74,000 for the three programs.

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.