The Canadian government has announced its projected immigration numbers for the next three years.

‌Key Points:

  • Immigration, Refugees and Citizenship Canada plans to accept 485,000 new permanent residents in 2024, 500,000 in 2025 and 500,000 in 2026.
  • The targets for economic migration programs are as follows:

  • The plan also calls for increases to family-based immigration, with targets of 82,000 in 2024 and 84,000 in 2025 and 2026 for spouses, partners and children, and 32,000 in 2024 and 34,000 in 2025 and 2026 for grandparents and parents of Canadian citizens and foreign residents.
  • Other categories include refugees and protected persons, targeted to admit 76,115 individuals in 2024 and 72,750 each year in 2025 and 2026, and humanitarian and compassionate immigration cases, which are expected to admit 13,750 in 2024 and 8,000 per year in 2025 and 2026.

BAL Analysis: Employers and foreign nationals should take the projected goals into account when applying for residence permits in Canada.

This alert has been provided by the BAL Global Practice Group.

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.

Immigration, Refugees and Citizenship Canada is reducing its number of employees in India from 27 to five.

‌Key Points:

  • Tensions between the two countries have escalated since September, and the Canadian government’s latest announcement confirms that this reduction in staff is directly related to the Indian government’s recent decision to remove certain immunities for Canadian diplomats and demand parity in diplomatic staffing.
  • India’s Ministry of External Affairs said in a statement that “the state of our bilateral relations, the much higher number of Canadian diplomats in India, and their continued interference in our internal affairs warrant a parity in mutual diplomatic presence in New Delhi and Ottawa.”

BAL Analysis: IRCC will continue to accept and process applications in India, but reduced staffing levels are expected to impact processing times. IRCC staff who remain in India will focus on urgent processing, visa printing, risk assessment and overseeing key partners. The Canadian government has stated that applicants in India should expect delays in overall processing times, responses to inquiries and getting visas and passports returned. BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

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.

IMPACT — MEDIUM

‌Canadian officials announced a new initiative starting this fall that will provide up to 11,000 Colombians, Haitians and Venezuelans with a new humanitarian permanent residence pathway.‌

Key Points:

  • Earlier this year, Canada announced that they will welcome 15,000 migrants on a humanitarian basis from the Western Hemisphere.
  • Marc Miller, Minister of Immigration, Refugees and Citizenship, announced on Oct. 10 that as part of that effort, Canada will provide a new pathway to permanent residence for citizens of Colombia, Haiti and Venezuela residing in Central or South America or the Caribbean.
  • Foreign nationals who have extended family connections in Canada will be eligible to apply for this new pathway.

Additional Information: Successful applicants will also receive additional support, including enhanced pre-arrival services, an employment skills assessment and a referral to a settlement provider organization in their intended community. This support is intended to help migrants integrate into the workforce. 

BAL Analysis: The new program is designed to provide an opportunity for those with extended family ties in Canada to apply for permanent residency. The new pathway is available for children, grandchildren, spouses, common-law partners, parents, grandparents or siblings of Canadian citizens or permanent residents. The government has not said when the program will take effect, but it is expected to launch at some point this fall.

This alert has been provided by the BAL U.S. Practice group.

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.

IMPACT — MEDIUM

As of Oct. 1, upfront medical exams are not required at the time of application for Canada’s Express Entry program.

Key Points:

  • Foreign nationals are asked to wait for instructions from the Canadian government before going for a medical exam.
  • Instructions have been updated to include information for processing offices on when medical exams should be requested, if required.
  • After foreign nationals submit their applications for permanent residence, immigration authorities will tell them the type of medical exam they need and how to obtain it.

Background: Immigrant medical exams (IMEs) are required for permanent residence. Foreign nationals applying for Express Entry cannot have the exam done by their own physicians; they must see a doctor on the list of panel physicians who are approved by the government.

This alert has been provided by the BAL U.S. Practice group.

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.

IMPACT — MEDIUM

India’s suspension of visa issuance to Canadian nationals will not apply to current visa holders, OCI card holders or renewal applicants in India.

Key Points:

  • Last week, the Indian government halted visa processing for Canadian nationals in response to escalating tensions between the two countries.
  • Canadian nationals who hold a valid visa or OCI card remain eligible to travel to India.
  • Canadian citizens who are currently in India can apply to renew their visas according to the rules governing their visa categories.

Additional Information: The diplomatic dispute arose between the two countries over Canada’s allegation that the Indian government was involved in the murder of a Sikh activist and naturalized Canadian citizen. The Indian government subsequently issued a travel warning to its citizens in Canada, and Canada pulled some staff from its Indian consulates reportedly due to threats. While processing of Canadian visas continues in India at this time, delays should be expected. BAL will continue to monitor the diplomatic dispute and provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

‌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.

IMPACT — HIGH

The Indian government suspended visa processing for Canadian nationals as part of escalating tensions between the countries. The move comes in response to Canada’s allegations that the Indian government was involved in the murder of Hardeep Singh Nijjar, a Sikh activist and naturalized Canadian citizen.

Key Points:

  • India’s Ministry of External Affairs spokesperson Arindam Bagchi announced the suspension during a regularly scheduled news conference.
  • All categories of Indian visas will be halted for Canadians until further notice. Additionally, Canadian nationals are not permitted to apply for an Indian visa in a third country.
  • It is not yet clear whether Canadian nationals who already possess valid visas remain eligible for travel to India.

Additional Information: Bagchi cited security threats to staff in Canadian consulate staff as the reason for the suspension. The Indian government also issued a travel warning to its citizens in Canada on Wednesday. The Canadian government pulled some staff from its Indian consulates due to threats earlier this week, according to press reports. While processing of Canadian visas continues in India at this time, delays should be expected. BAL will continue to monitor the diplomatic dispute and provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

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.

IMPACT — MEDIUM

The Canadian government announced it will reopen the Parents and Grandparents Program for its 2023 intake period next month.

Key Points:

  • Authorities will send 24,200 invitations to apply to potential sponsors from Oct. 10-23, with a goal of accepting up to 15,000 completed applications.
  • Invitations will only be sent to individuals who submitted an interest to sponsor form in 2020. Immigration, Refugees and Citizenship Canada drew from the 2020 submission pool for the 2021 and 2022 intakes as well.
  • IRCC is still working through a backlog of interest to sponsor form submissions from 2020 and will not accept new interest to sponsor forms at this time.

Additional Information: Potential sponsors must fulfill eligibility requirements in order to participate in the Parents and Grandparents Program. More information is available here.

This alert has been provided by the BAL Global Practice Group.

‌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.

IMPACT — HIGH

The Canadian government’s new open work permit stream for certain U.S. H-1B visa holders reached its cap of 10,000 applications within 48 hours of opening this week.

Key Points:

  • The stream allows H-1B specialty occupation visa holders in the United States to apply for a Canadian open work permit. Only principal applicants count toward the application limit.
  • Approved applicants will receive an open work permit valid for up to three years. Spouses and dependents will also be eligible to apply for a temporary resident visa with a work or study permit.

Additional Information: Officials launched the stream as part of a new Tech Talent Strategy to attract highly skilled foreign nationals to live and work in Canada. More information on the Tech Talent Strategy and its included immigration measures is available here.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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.

IMPACT — MEDIUM

The Canadian government has removed certain education requirements for some Hong Kong residents.

Key Points:

  • As of Aug. 15, Hong Kong residents applying for the Canadian work experience stream (Stream B) of the Hong Kong permanent residence pathway will no longer be required to meet education requirements.
  • Hong Kong residents will no longer be required to submit proof of education.
  • This measure applies to Hong Kong residents who hold a Hong Kong Special Administrative Region or British National (Overseas) passport.

‌Background: On Feb. 8, 2021, Canadian authorities launched a new open work permit allowing eligible Hong Kong residents to gain work experience in Canada and apply for permanent residence more quickly. This measure was recently extended and expanded, allowing Hong Kong residents to apply until Feb. 7, 2025.

‌Hong Kong residents at risk of persecution who have fled to another country may also be eligible under Canada’s existing resettlement programs, including the Private Sponsorship of Refugees Program and the Government-Assisted Refugees Program.

BAL Analysis: Canadian authorities removed education requirements for some Hong Kong residents to improve existing immigration pathways and make it easier for them to remain in Canada long-term.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

‌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.

IMPACT — MEDIUM

The Canadian government has announced that it is extending study authorization for work permit holders.

Key Points:

  • Foreign nationals can now study full- or part-time while their work permits are valid or until the expiration of the policy, with no restrictions on the length of the program.
  • Previously, foreign nationals could only study while working while in school programs of six months or less.
  • The temporary study authorization extension applies to those who hold a valid work permit or have a pending decision on their work permit extension as of June 7, 2023.

Additional Information: The temporary measure will be in effect for three years. More information regarding the study authorization extension is available here.

BAL Analysis: Foreign nationals will now be able to pursue additional training and education while living and working in Canada without having a study permit. Foreign nationals who intend to study longer than the duration of their work permit will need to apply for a study permit.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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.