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IMPACT – MEDIUM
What is the change? The province of British Columbia has launched a new points-based provincial nomination program for its Skills Immigration Registration System. The program assigns scores to candidates based on economic and human capital factors.
What does the change mean? The system prioritizes foreign job candidates based on skills and wage levels as well as language, work experience and education. Those with the highest scores will be invited to apply for a provincial nomination.
Background: The British Columbia Provincial Nomination Program (BC PNP) Skills Immigration Category comprises several routes, including Skilled Worker, Health Care Professional, International Graduate, International Post-Graduate, Entry-Level and Semi-Skilled, and Northeast Pilot Project.
Under the new points-based intake system, Skills Immigration candidates will register an online profile that is valid for one year. Candidates will be scored and ranked on a 200-point scale for skill level of the job offer (60), salary of the job offer (50), regional district of the job (10), directly related work experience (25), highest level of education (25), and language level (30). The number of points for each factor are further detailed in the program guide.
Those receiving the following points in their category will be issued an invitation to apply for a nomination, although candidates with fewer points may be invited to apply depending on demand and the quota available.
The provincial Express Entry BC category was introduced in 2015. Beginning in 2016, applicants under the Skills Immigration category are no longer able to convert an existing application to an Express Entry BC category.
BAL Analysis: The BC PNP points-based system mirrors the federal Express Entry system and enables the province to prioritize candidates and select top scorers for provincial nominations. The 2015 quota for the BC PNP was 5,800. The 2016 quotas have not been set by the federal government yet.
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? Canada conducted its third Express Entry draw of the year Wednesday, issuing 1,468 invitations to apply for permanent residence.
What does the change mean? The minimum score among invitees was 457 points, up slightly from the minimum score of 453 Jan. 13. On the whole, minimum scores have declined steadily in the past eight draws, from a high of 489 in October.
Background: In 2015, Canada issued 31,063 invitations to apply through Express Entry. Officials have projected a greater number of invitations to apply in 2016.
So far this year, Canada has issued 4,449 invitations to apply:
BAL Analysis: BAL expects the qualifying scores to drop compared with 2015 as the number of invitations per month is expected to grow to 5,000 in 2016, compared with only 2,500 to 3,000 per month in 2015.
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.
IMPACT – HIGH
What is the change? Canadian immigration authorities have released new instructions to their officers that detail how an employer audit is triggered, the inspection process, documents that may be requested to verify an employer’s compliance and how compliance will be assessed.
What does the change mean? Although employer inspections under the International Mobility Program are already underway, these new instructions give employers greater insight into the process so they may better prepare in the event they are audited.
Details: The instructions detail the compliance regime and give guidance to the officers of Immigration, Refugees and Citizenship Canada on conducting compliance inspections. The key points are:
BAL Analysis: Employers are encouraged to read the instructions and understand the inspection process. Most inspections will be based on random selection and involve document requests rather than site visits; only companies suspected of serious violations are likely to be investigated on site. Employers should work with their BAL team so they will be fully prepared with necessary documentation and other evidence of compliance with work permit program rules.
What is the change? Canada’s new Electronic Travel Authorization (eTA) system for visa-waived nationals is experiencing technical difficulties that are preventing Israeli nationals from applying for an online eTA.
What does the change mean? The system becomes mandatory March 15. Until the problem is fixed, Israeli nationals may rely on their visa-waived status and travel to Canada with an Israeli passport. All other eligible nationalities are encouraged to apply for an eTA before the system becomes mandatory.
Background: The Electronic Travel Authorization will replace the visa waiver for foreign nationals currently exempt from having to obtain a visitor visa to Canada. The system launched in August and has experienced periodic technical difficulties in the transition, which has caused minor delays in applying for an eTA.
Beginning March 15, visa-waived nationals traveling to Canada by air will be required to have an eTA before boarding their flight. U.S. citizens are exempt and will be able to enter Canada with proof of citizenship.
Currently, Israeli nationals are unable to apply because of a technical system issue. According to a spokesperson for Immigration, Refugees & Citizenship Canada (formerly Citizenship and Immigration Canada), the agency is working on the problem and hopes to have it fixed by mid-February. In the meantime, Israeli passport holders planning to travel to Canada may continue to rely on their visa-exempt status.
Travelers may visit the eTA website for the list of nationals required to obtain an eTA.
BAL Analysis: The technical difficulties are a reminder to travelers not to wait until the last minute to apply for an eTA, as there may be a flood of applicants close to the March 15 deadline, and delays or technical difficulties with the new system could arise.
What is the change? Canada conducted its second Express Entry draw of 2016 on Wednesday, issuing 1,518 invitations to apply.
What does the change mean? The lowest qualifying score was 453, close to the lowest score of all draws to date. The minimum score has steadily declined in the past seven draws, from a high of 489 in October.
So far in 2016, Canada has issued 2,981 invitations to apply:
BAL Analysis: BAL expects the qualifying scores to continue dropping as the number of invitations per month is expected to grow to 5,000 in 2016, compared with only 2,500 to 3,000 per month in 2015.
What is the change? The application period for the Sponsors of Parents and Grandparents permanent residency program has closed after Immigration, Refugees and Citizenship Canada received more than 14,000 applications for 5,000 spots.
What does the change mean? Canada is unlikely to accept any more applications under the program until 2017. Those who are interested in bringing parents or grandparents to Canada for an extend period of time and who do not secure one of the 5,000 spots may want to consider other options, including the Parent and Grandparent Super Visa program.
Background: The Sponsorship of Parents and Grandparents residency program is extremely popular and, as expected, the program’s quota was filled in a matter of days. Intake closed on Thursday, and the first 5,000 complete applications received will be placed in line for processing. IRCC will retain the first 10,000 complete applications. IRCC said it will release information about its plans for returning unprocessed applications soon. Applicants can check this IRCC website for updates.
BAL Analysis: In just four days, IRCC received nearly three times the number of applications for which it has spots available. Those whose applications are not retained by IRCC are encouraged to explore other options with their BAL representative, 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.
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? Canada conducted its 24th Express Entry draw – and first of 2016 – Wednesday, inviting 1,463 people to apply for permanent residence.
What does the change mean? The minimum score among invitees was 461 points, an insignificant change from the Dec. 18 draw where the minimum score was 460. Minimum scores have ranged from 460 to 484 in the last five draws.
Background: In recent draws, Canada has consistently issued roughly 1,500 invitations to apply. Minimum scores have ranged between 460 and 484 in the past five draws.
Canada issued 31,063 invitations to apply for permanent residence in the Express Entry program’s first year.
BAL Analysis: While some applicants without job offers have been invited to apply for permanent residence in each Express Entry draw since June, there is still a significant advantage in the program to candidates who have an LMIA-based job offer or provincial nomination, either of which ensures a score of at least 600 on Express Entry’s 1,200-point scale.
What is the change? Canada reopened the Sponsors of Parents and Grandparents residency program today. A maximum of 5,000 applications will be accepted.
What does the change mean? The program is extremely popular, and the 5,000-application cap is likely to be reached in a matter of days. Those interested in bringing parents or grandparents to Canada who are unable to secure one of the 5,000 spots should consider other options, including the Parent and Grandparent Super Visa program.
Background: Immigration, Refugees and Citizenship Canada (formerly called Citizenship and Immigration Canada) began accepting new applications to sponsor parents and grandparents today.
Those eligible to sponsor a parent or grandparent are Canadian citizens and permanent residents who are living in Canada, are at least 18 years of age, meet basic income requirements and demonstrate that they can provide basic support for the parent or grandparent. The cap was set at 5,000, the same as the past two years, despite expectations that Canada’s new liberal government might double the cap to 10,000.
Applications received after the cap is reached will be returned.
BAL Analysis: The cap of 5,000 applications will likely be reached in a matter of days. Those interested in bringing parents or grandparents to Canada should file applications immediately or consider other options, 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.
What is the change? Citizenship and Immigration Canada has issued a reminder that those interested in remaining in the Express Entry pool for more than 12 months from the date their profile was created must create a new profile.
What does the change mean? Candidates who have not received an invitation to apply for permanent residence, but who are still interested in remaining in the Express Entry pool, should check the date on which their initial profile was created and be sure to create a new profile at the appropriate time. Candidates are not allowed to have more than one profile at any given time in the Express Entry system. Those who want to create a new profile, therefore, must either withdraw their old profile or wait until it expires automatically after 12 months.
Background: CIC launched Express Entry on Jan. 1, 2015. To date, 31,063 invitations to apply have been issued in 23 Express Entry draws. Candidates who created Express Entry profiles but who have not yet received an invitation to apply may soon have to create new profiles, depending on when their initial profile was created.
BAL Analysis: In initial draws, CIC only issued invitations to apply to candidates who had LMIA-based job offers or provincial nominations. However, in every draw since June at least some of those invited to apply for permanent residence did not have a job offer or nomination. Those who wish to remain in the Express Entry pool should check the date their profile was created and be sure they submit a new profile when their old one expires.
What is the change? The new Ontario Immigrant Nominee Program is open for applications in its corporate and entrepreneur streams.
What does the change mean? Companies meeting eligibility criteria may now submit their applications for the corporate stream, and individuals seeking to apply through the entrepreneur stream may now submit an expression of interest.
Background: The new programs were announced in October and replace the former Ontario Investor Component program. On Dec. 18, Ontario announced the criteria for applicants under the Corporate Stream and the Entrepreneur Stream.
The Corporate Stream allows a company to expand or buy a business in Ontario and apply for up to five key staff to be nominated for permanent residency. To be eligible, a company must fulfill all of the following:
The company must complete an application package that includes the application form, a business plan, applications for key staff and supporting documents. If the application is approved, the company must execute an agreement committing to investment and job creation in Ontario. Key staff members would then be issued support letters to apply for temporary work permits. If the business meets its commitments under the agreement, the key staff members may be eligible to be nominated for Ontario permanent residency.
The Entrepreneur Stream requires that an entrepreneur and any business partners:
Entrepreneurs must first apply for an expression of interest and, if approved, may be invited to apply through the stream.
BAL Analysis: The two new programs provide opportunities for international companies placing key staff in Ontario and for start-ups setting up business in Ontario.