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IMPACT – MEDIUM
What is the change? Canada has conducted its sixth Express Entry draw of 2016, issuing 1,013 invitations to apply.
What does the change mean? The lowest qualifying score was 473, indicating that the minimum score to qualify for an invitation to apply for permanent residency has risen to the highest score this year.
Background: In 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials have projected a greater number of invitations in 2016. So far this year, Canada has issued 8,451 invitations to apply:
BAL Analysis: Despite the increase in the minimum qualifying score in the latest drawing, 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? Canadian authorities have announced that visa-waived nationals will be allowed to travel to Canada without an electronic travel authorization until this fall.
What does the change mean? Canada was expected to require an eTA for visa-waived nationals, excluding U.S. nationals, beginning March 15. The grace period will allow visa-waived nationals to continue traveling to Canada without an eTA until the fall. Visa nationals must obtain a visa to travel to Canada, not an eTA.
Background: The eTA program was modeled after 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 a notice posted on Immigration, Refugees and Citizenship Canada’s website states that “until fall 2016, travelers who do not have an eTA can board their flight, as long as they have appropriate travel documents, such as a valid passport.” Border officials will continue admitting visa-waived travelers to Canada provided that they meet the standard requirements to enter the country, such as having a valid travel document, no criminal record and enough money for their stay.
Visa-waived nationals may continue applying for eTAs, even though they will not be required until the fall. No precise date on when eTAs will become mandatory has been provided.
BAL Analysis: While the mandatory use of eTAs has been postponed, visa-waived nationals traveling to Canada by air 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 for the time being.
What is the change? Canada has announced that it will process up to 10,000 Sponsorship of Parents and Grandparents permanent residence applications—up from the 5,000 that authorities initially said they would process.
What does the change mean? Up to 10,000 parents and grandparents of Canadian citizens or permanent residents will be eligible for permanent residency under the program this year.
Background: Canada’s new Liberal government said during last year’s campaign that it would double the cap for the popular parent and grandparent program from 5,000 to 10,000. More than 14,000 applications were submitted in a four-day period in January, and instructions published in the Canada Gazette on Feb. 27 state that “a maximum of 10,000 new complete applications for sponsorship of parents and grandparents as members of the family class will be accepted” for processing this year.
BAL Analysis: The additional 5,000 spots will be filled from among the 14,000 applicants who submitted applications in January. Those who did not file applications but wish to bring a parent or grandparent to Canada, are advised to consider other options for doing so, including 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 renewing their status.
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’s electronic travel authorization program becomes mandatory in two weeks.
What does the change mean? Beginning March 15, visa-waived nationals traveling by air to Canada will not be allowed to board their flight without an electronic travel authorization (eTA). U.S. citizens are exempt.
Background: The eTA system is currently available to visa-waived nationals and becomes mandatory March 15. Modeled after the U.S.’s Electronic System for Travel Authorization, travelers are pre-screened through an online application and issued an electronic travel authorization.
The eTA is mandatory for visa-waived nationals, except U.S. citizens and other designated categories. U.S. green card holders will be required to have an eTA if flying to Canada. The eTA only applies to air travelers, not to those entering Canada by land or sea. The full list of nationals requiring an eTA and travelers who are exempt is published here.
BAL Analysis: Frequent travelers to Canada and those planning air travel on or after March 15 should apply for their eTA immediately.
What is the change? A law has been introduced that would amend the Citizenship Act and relax some of the criteria for foreign nationals seeking eligibility for Canadian citizenship.
What does the change mean? Among the changes, the act would reduce the length of time a foreigner is required to be physically present in Canada, allow more time to count toward the physical-presence requirement, eliminate the intent-to-reside requirement, and remove the language and knowledge requirements for foreigners over age 54.
Background: The proposed Act to Amend the Citizenship Act was introduced Friday.
Under the proposal, foreign nationals would be eligible to apply for citizenship if they were physically present in Canada for three of the previous five years. Current rules require physical presence for four of the previous six years. The proposed law would also remove the requirement that applicants be physically present for 183 days per calendar year when counting eligible years. In addition, applicants could count the time spent in Canada before becoming a permanent resident toward calculating physical presence; each day spent in Canada as a temporary resident would count as a half-day toward meeting the physical-presence requirement.
The law would also repeal several restrictions that have recently been added to the Citizenship Act: Applicants over age 54 would not have to fulfill language and knowledge requirements (currently applicable to those up to age 64), applicants would not be required to declare their “intent to reside” in Canada on their application, and the government could no longer revoke citizenship based on national security grounds.
BAL Analysis: If the law passes, the rules will be significantly more favorable for foreign nationals, allowing them to become eligible for citizenship more quickly.
What is the change? Canada has conducted its fifth Express Entry draw of 2016, issuing 1,484 invitations to apply.
What does the change mean? The lowest qualifying score was 453, indicating that the minimum score to qualify for an invitation to apply for permanent residency remains in the low range.
Background: In 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials have projected a greater number of invitations in 2016. So far this year, Canada has issued 7,438 invitations to apply:
BAL Analysis: BAL expects the minimum qualifying scores to remain low as the number of invitations to apply is expected to increase to approximately 5,000 per month, compared to around 2,500 per month in 2015.
What is the change? Canada has conducted its fourth Express Entry draw of 2016, issuing 1,505 invitations to apply.
What does the change mean? The lowest qualifying score was 459, indicating that the minimum score to qualify for an invitation to apply for permanent residency remains in the low range.
Background: In 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials have projected a greater number of invitations in 2016. So far this year, Canada has issued 5,954 invitations to apply:
BAL Analysis: BAL expects the minimum qualifying scores to remain low as the number of invitations to apply is expected to increase to 5,000 per month, compared to around 2,500 per month in 2015.
What is the change? Canada’s Electronic Travel Authorization system for visa-waived nationals who fly to Canada will become mandatory March 15.
What does the change mean? Visa-waived nationals are strongly encouraged to apply before the system becomes mandatory to avoid any unexpected delays in the application process. Visa-waived nationals traveling to Canada by air on or after March 15 must have an eTA before boarding their flight. U.S. citizens are exempt and will be able to enter Canada with proof of citizenship.
Background: The eTA system will replace the visa-waiver system March 15. Foreigners who are currently visa-waived must apply online and be pre-screened before obtaining their electronic authorization.
The eTA only applies to air travelers, not to those entering Canada by land or sea. U.S. citizens and others are exempt from having to obtain an eTA, but U.S. permanent residents will be required to have an eTA if flying to Canada. The list of nationals requiring an eTA and the list of exempt categories may be viewed here.
BAL Analysis: Although visa-exempt nationals can continue to rely on visa-waived status until March 15, they should not wait until the last minute to apply for an eTA and are advised to apply as soon as possible.
What is the change? Canada has announced that beginning Feb. 17 foreign nationals in the film and television industry whose jobs are deemed “essential to a TV or film production” may be exempt from Labour Market Impact Assessment requirements.
What does the change mean? Eligible film and television industry workers will have a much easier time securing authorization to work in Canada.
Background: In announcing the LMIA exemption this week, Immigration, Refugees and Citizenship Canada noted that the film and television industry jobs in question are generally high-wage, union jobs.
“Facilitating entry for these workers under the International Mobility Program serves to support existing public investment in these productions and protect Canada’s economic interests in continuing to attract high-value TV and film productions to Canada,” IRCC said. “Work that is essential to TV and film production is considered to create and maintain significant economic benefits and opportunities for Canadians and permanent residents.”
The exemption will apply regardless of whether filming entirely or only partially in Canada and regardless of whether the production company is Canadian or foreign.
BAL Analysis: The change should make it significantly easier for Canada’s film and television industry to recruit and employ foreign workers.
What is the change? The province of Alberta has reopened its provincial nomination program after putting it on pause last fall for re-evaluation and modification, and is now accepting new applications.
What does the change mean? The programs allow skilled immigrants who are nominated to apply for permanent residency through Immigration, Refugees and Citizenship Canada.
Background: AINP reopened all streams and categories to new applications on Jan. 27; applications postmarked before that date will be returned. The streams include:
BAL Analysis: Each stream and category has its own eligibility criteria. Qualifying AINP candidates must first be nominated and then apply through Immigration, Refugees and Citizenship Canada as a provincial nominee.