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The Canadian government announced a new temporary policy for certain foreign nationals under the Provincial Nominee Program.
Key Points:
Additional Information: The temporary policy allows foreign nationals to work sooner within the nomination and permanent residence process. Previously, applicants have submitted a permanent residence application and received a nomination from the province/territory before being eligible for an open work permit.
BAL Analysis: The Canadian government is hoping to support provinces and territories that are transitioning eligible temporary residents to permanent status via the Provincial Nominee programs.
This alert has been provided by the BAL Global Practice Group.
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The Canadian government announced the end of a temporary policy allowing visitors to apply for a work permit within Canada, effective immediately.
Additional Information: The temporary policy allowed foreign nationals to apply for a work permit without having to leave the country, and individuals who changed their status to “visitor” could apply to work legally in Canada while waiting for a decision on their new work permit application. The procedure for applying for a work permit application will return to the previous policy; more information on how to apply can be found here.
BAL Analysis: The temporary policy was set to expire on Feb. 28, 2025, but officials stated they are ending the policy earlier than expected to recalibrate the number of temporary residents and preserve the integrity of the immigration system.
The Canadian government announced labor market impact assessments will no longer be processed for the low-wage stream within the Temporary Foreign Worker (TFW) program.
Additional Information: As BAL previously reported, the Canadian government has recently announced changes to the TFW program as part of an effort to reduce the number of temporary residents in Canada. Officials stated that exceptions to the maximum employment percentage will be granted for seasonal and non-seasonal jobs in the food security, construction and healthcare sectors. Construction and healthcare sectors will still be allowed to have up to 30% of their workforce on low-wage work permits, and the cap exemption for the agriculture sector and seasonal employers will remain in place.
BAL Analysis: Government officials stated that the TFW program has been used to circumvent hiring talented Canadian workers in recent years, and reductions in access to the program and strengthened compliance measures are being introduced. The government hopes to prevent misuse and fraud and further reduce the reliance of Canadian employers on the program.
The Canadian government announced a new Francophone Minority Communities Student Pilot (FMCSP) program will launch on Aug. 26.
Additional Information: The pilot program is an important component of the Policy on Francophone Immigration announced earlier this year. Officials stated that students and their families will be exempted from having to demonstrate that they will leave Canada at the end of their temporary stay as part of the pilot program approval procedures. The government will also adjust the required financial threshold to reflect 75% of the low-income cutoff associated with the municipality where the institution’s main campus is located.
BAL Analysis: The Canadian government is taking measures to ensure graduates will be able to contribute to the labor market and welcome French-speaking nationals who will enrich Francophone minority communities.
The Canadian government announced that foreign nationals can no longer apply for a post-graduation work permit at the border, effective immediately.
Additional Information: The new measure is designed to reduce “flagpoling,” which occurs when temporary residents bypass applying for a work or study permit online by leaving the country and then immediately re-entering to receive same-day immigration services.
According to officials, the new policy specifically targets students who leave Canada and re-enter within 24 hours to receive immigration services, including the same day post-graduation work permit. Flagpoling uses significant resources at the border and has been known to cause delays and slow processing of goods. Post-graduation work permit applicants represented about one-fifth of the foreign nationals who attempted to flagpole from March 1, 2023, to Feb. 29, 2024.
BAL Analysis: The Canadian government is taking measures to encourage applicants to apply in Canada in order to improve processing times and increase fairness among applicants.
The Canadian government has updated the minimum amount of funds required for permanent residence express entry applications, specifically under the federal skilled worker and federal skilled trades programs.
Additional Information: Individuals who are authorized to work in Canada and have a valid job offer are not subject to the proof of funds requirement, even if they apply under the federal skilled worker or federal skilled trades programs. Foreign nationals who have been invited to apply under the Canadian experience class also do not need to show that they have enough money to support themselves and their family. Officials stated that applicants should keep their available funds up to date in their profile in the system, as the program they’ll be invited to apply under may change.
BAL Analysis: The Canadian government updates these numbers every year, based on 50% of the low-income cutoff totals. Applicants should be sure to update their settlement fund numbers in the express entry profile to remain eligible.
The Canadian government has introduced legislation that would extend citizenship by descent beyond the first generation.
Background: The Ontario Superior Court of Justice declared section 8 of the Canadian Citizenship Act unconstitutional, also known as the “second-generation cut-off” rule on Dec.19, 2023. As of June 19, 2024, it will no longer be in force, and the new criteria will open a pathway to citizenship for many individuals previously barred by the 2009 amendments implementing the second-generation cut-off.
BAL Analysis: The Canadian government stated that the new legislation is key to ensuring the integration of immigrants within the country and creating a more inclusive citizenship policy. BAL will continue to monitor the bill passage and will provide more information as it becomes available for guidance on the application process.
Canadian officials announced initiatives to reduce backlogs and improve processing times, and updated their online tool to help new clients predict how long it will take to process a complete application.
Key Points:
Additional Information: Due to the high number of applications submitted to the Self-Employed Persons Program, processing times have increased to more than four years. The program provides a permanent residence pathway for individuals with notable experience in art, culture, recreation or sports. The government will continue finalizing applications from the backlog while assessing options for reforming the program in the future.
BAL Analysis: The Canadian government stated that the new policies are designed to create faster processing times. Continued reforms may be expected in the future to make these programs more sustainable and effective.
Canadian officials announced a new policy that will allow Hong Kong permanent residence pathway applicants to extend their status and apply for new work permits while their permanent residence applications are pending.
Additional Information: A foreign national must submit their application in a timely manner to extend their work or study permit in Canada before their current permit expires to maintain legal status until a decision is taken on their extension application. Individuals can apply under the policy and restore their status if their temporary status has expired in the 90 days before applying for a new open work permit. If their temporary status expired more than 90 days before applying for a new open work permit, their application will not be approved.
BAL Analysis: The Canadian government stated that the new policy is designed to ensure the immigration program remains responsive to the needs of Hong Kong nationals and assists applicants who are at risk of seeing their temporary status in Canada expire before their permanent residence applications are finalized.
Canadian officials announced new rules for international students who work off campus.
Additional Information: The Canadian government stated their intention to change the number of hours students may work off campus per week to 24 hours this fall. Officials cited the needs of students and appropriate work-study balance in making the change.
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. Employers should be aware of these policy updates and consider them in their employment strategies and recruitment efforts.