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Canada has reimposed visa requirements for some Mexican nationals.
Key Points:
Additional Information: Canada lifted visa requirements for Mexican travelers in 2016. The requirement was reimposed this week amid a surge in asylum claims from Mexican nationals, the majority of which are ultimately denied. Marc Miller, Minister of Immigration, Refugees and Citizenship said, “We strive for balance between the movement of people between our two great countries, and the need to relieve pressure on our immigration system so we can provide protection to those who need it the most.”
BAL Analysis: The change will increase the time and money required to travel to Canada for Mexican nationals who now must obtain a visa. Press reports said Mexican President Andrés Manuel López Obrador offered a “respectful” criticism of Canada’s decision and indicated that Mexico would act with “prudence” in response. BAL will continue following this story and will provide updates as information becomes available.
This alert has been provided by the BAL Global Practice Group.
Copyright © 2024 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.
Canadian officials provided additional guidance on requirements for digital nomads.
Key Points:
Additional Information: Canada announced a Tech Talent Strategy last year to attract highly skilled foreign nationals to live and work in the country. Along with promoting Canada as a destination for digital nomads, the initiative made improvements to the startup visa program, developed an Innovation Stream under the International Mobility program to attract highly talented individuals, returned to the 14-day service standard for work permits under the Global Skills Strategy and created a STEM-specific draw under category-based selection to issue additional invitations to apply under the Express Entry program. The Canadian government’s strategy was to introduce new measures and improvements on existing programs to help businesses in Canada thrive in a competitive landscape.
BAL Analysis: The Tech Talent Strategy, and specifically the creation of the digital nomad program, are designed to attract and retain highly skilled foreign nationals to live and work in the country. Additional clarifications and guidance regarding the requirements for the digital nomad program are a welcome confirmation for those seeking this status in Canada.
Canadian officials announced changes to eligibility and validity periods for the post-graduation work permit program.
Additional Information: Private colleges licensed to deliver associated public college curriculums under current licensing agreements have attracted increased international student enrollment in recent years. Canadian officials stated these programs have less oversight than public colleges and may act as a loophole with regard to post-graduation work permit eligibility. Officials also said that the current criteria determining the length of a post-graduation work permit based on the length of an individual’s study program is inefficient, as it may limit the amount of time needed to gain work experience and may potentially prevent an individual from transitioning to permanent residence in the future.
BAL Analysis: These important changes coincide with additional reforms by the Canadian government recently to raise the cost-of-living financial requirement for study permit applications and establish an intake cap on international student permit applications for a period of two years. These measures are designed to stabilize the overall number of students and alleviate growing pressures on housing, healthcare and other services while also ensuring genuine students receive the necessary support for their study experience.
Canadian officials announced an intake cap on international student permit applications for a period of two years.
• The cap is expected to provide approximately 360,000 approved study permits in 2024, a decrease of 35% from 2023.
• The temporary measure will be in place for two years, and the number of new study permit applications in 2025 will be reassessed at the end of this year.
• Canadian authorities will allocate a portion of the cap to each province and territory, weighted by population, and the provinces and territories will then distribute the allocation among their designated learning institutions.
• In order to implement the cap, study permit applications will now require an attestation letter from the respective province or territory. Effective Jan. 22, applications without an attestation letter will be returned.
• Current study permit holders and renewing applicants will not be affected. Additionally, individuals pursuing master’s and doctoral degrees as well as elementary and secondary education are not included in the cap.
BAL Analysis: The intake cap is designed to support sustainable population growth and stabilize the number of international students. Officials recently announced reforms to the International Student Program as well to ensure students receive support and necessary resources, while at the same time stabilizing the overall number of students arriving and alleviating pressures on housing, healthcare and other services in Canada. Employers should be aware of these recent efforts in their 2024 employment strategies and recruitment efforts.
Canadian officials announced a new temporary resident pathway for Canadian citizens’ and permanent residents’ extended family members in Gaza.
Additional Information: Eligible family members include a spouse, common-law partner, child, grandchild, sibling, parent or grandparent of a Canadian citizen or permanent resident, as well as their immediate family members. Once in Canada, eligible family members can also apply for a fee-exempt study permit or open work permit under the special measure to allow for study or work during their stay. TRV recipients will receive access to three months of health coverage as well as settlement services such as language training and job support.
BAL Analysis: The dedicated temporary residence pathway is designed to support family members of Canadians and permanent residents from the region. The government announced new measures to support extended family members who can exit the area and provide them with a temporary safe haven. Applicants who can exit Gaza will also need to meet all admissibility requirements, including biometrics, before they can be approved to come to Canada.
The Canadian government announced that starting Jan. 11, 2024, public documents within the scope of the Apostille Convention will need only an apostille to be authenticated for further legal use.
Key Points: • Canada officially acceded to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (also known as the Apostille Convention) earlier this year. • Starting Jan. 11, 2024, Alberta, British Columbia, Ontario, Quebec and Saskatchewan will issue apostilles for documents issued or notarized in their respective provinces. Apostilles for the remaining provinces, territories and the government of Canada will be issued by Global Affairs Canada.
Background: When the Apostille Convention comes into force, a single certificate, called an “apostille,” will be issued to authenticate public documents. This will facilitate their use in more than 120 countries that are members of the convention, eliminating some of the steps currently required to have documents accepted outside their respective country. Under the convention, a public document that has been issued in one member country can be certified for legal use in any other member country. Currently, to use foreign documents for administrative purposes, they need to be notarized and authenticated by local parties and then require further authentication by an embassy or consulate in the country where the documents are issued.
BAL Analysis: Authenticating some documents in Canada will soon become faster and simpler. Canada’s accession to the Apostille Convention is part of the government’s effort to improve ease of conducting business in the country. The new process will eliminate the need for further certification or legalization by Canadian consular or embassy officials, simplifying the process and saving time and costs.
Copyright © 2023 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.
Canadian officials announced that the cost-of-living financial requirement for study permit applications will be raised effective Jan. 1, 2024.
Background: The Canadian government recently announced reforms to the International Student Program, which created a new framework to recognize learning institutions that provide top-quality services and support, including housing, to international students. This was in response to growing concerns about the rising cost of living and affordable housing shortages. The Canadian government is focused on balancing interests in attracting international talent and affordability concerns.
BAL Analysis: Government officials have stated that the current financial requirement has not kept up with the cost of living over time, and the revised requirements are designed to better protect international students by preventing student vulnerability and exploitation. Employers should be aware of the new income requirements in their 2024 employment strategies and recruitment efforts.
Canadian officials announced that a dedicated humanitarian pathway to provide permanent residence to Colombian, Haitian and Venezuelan foreign nationals is now open for applications.
BAL Analysis: The application can be accessed using the online Immigration, Refugee and Citizenship Canada portal. A signed statutory declaration from the anchor confirming support is required. The new program is designed to provide an opportunity for those with extended family ties in Canada to apply for permanent residency. The Canadian government confirmed their intent to continue to support vulnerable individuals by providing safe and regular migration pathways.
Government officials announced a new wage review process for the Temporary Foreign Worker Program that will be in place until Aug. 30, 2024.
BAL Analysis: The new wage review process is designed to help employers respond to current labor market needs and support workers by addressing concerns of wage suppression. Employers may see an increase in labor costs and should take the new wage requirements into account when planning their 2024 budgets.
Canadian officials announced the launch of CAN Work Philippines, a pilot program for eligible Canadian employers recruiting in the Philippines.
• Eligible Canadian employers can schedule group appointments for medical examinations and biometrics for potential employees as part of the new streamlined process.
• The pilot is open to Canadian employers hiring approximately 50 or more workers, or for critical occupations in sectors such as healthcare, construction and agri-food.
BAL Analysis: Canadian officials called the Philippines an important partner in their Indo-Pacific strategy, and programs such as CAN Work Philippines will further strengthen the close ties between the two nations while addressing critical labor shortages in the Canadian economy.