IMPACT — MEDIUM

The Canadian government has launched the Tech Talent Strategy to attract highly skilled foreign nationals to live and work in the country.

Tech Talent Strategy measures include:

  • An open work permit stream for H-1B specialty occupation visa holders in the United States to apply for a Canadian work permit, and study or work permit options for their family members.
    • Beginning July 16, 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.
    • The H-1B specialty occupation visa holder work permit will be in effect for one year or until Canadian authorities receive 10,000 applications. Only principal applicants will count toward the application limit.
  • An Innovation Stream under the International Mobility Program to attract highly talented individuals.
    • Individuals may be able to apply for employer-specific work permits valid for up to five years in specific industries identified by the government.
    • Individuals may be able to apply for an open work permit valid for up to five years for highly skilled workers in select in-demand occupations.
  • A return to the 14-day service standard for work permits under the Global Skills Strategy.
  • The creation of a STEM-specific draw under category-based selection to issue additional invitations to apply under the Express Entry program.

Additional Information: The Tech Talent Strategy also plans to improve the Start-up Visa Program, including additional allocated spots for the 2023, 2024 and 2025 program years. Start-up Visa Program applicants will be able to apply for a work permit valid for three years instead of one as well as an open work permit instead of a start-up permit. More information regarding the Tech Talent Strategy and immigration measures it includes is available here.

BAL Analysis: Canadian authorities launched the Tech Talent Strategy to attract and retain highly skilled foreign nationals to live and work in the country.

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.

IMPACT — MEDIUM

The Canadian government has announced special immigration measures for those affected by the wildfires in Canada.

Key Points:

  • Canadian authorities will issue free replacement documents for Canadian nationals, permanent residents and temporary residents directly affected by the wildfires. Free replacements include:
    • Permanent resident cards.
    • Canadian citizenship certificates.
    • Canadian passports and other travel documents.
  • International students, temporary foreign workers and other visitors who have been directly affected by the wildfires and whose status will expire by Sept. 30 can apply, restore or extend their status in Canada free of charge.
  • The special immigration measures are in effect until Sept. 30, 2023.

Additional Information: More information about who is eligible, how to apply and what replacement documents are covered under the special measures is available on this website. Those who apply for an extension of their work permit continue to benefit from maintained status while their application is being processed and remain eligible to work as per the conditions of their original work 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.

IMPACT — MEDIUM

The Canadian government has expanded the Francophone Mobility Program and extended it for two years.

Key Points:

  • Canadian employers can continue to offer jobs to eligible candidates for all National Occupation Classifications except agriculture for an additional two years.
  • Previously, only individuals with employment offers for jobs under a Training, Education, Experience and Responsibilities 0, 1, 2 or 3 category of the NOC could qualify for the Francophone Mobility Program.
  • Canadian authorities reduced the French language proficiency requirement for all applicants. Individuals must now meet the equivalent of a level 5 (decreased from 7) language requirement.

Additional Information: Applicants must now provide proof that they meet language requirements. This documentary evidence may be, but is not limited to, a French evaluation test or the French competencies test, a diploma or degree from a French college or university or a document confirming studies at a French-language institution.

BAL Analysis: Canadian authorities extended and expanded the Francophone Mobility Program to address labor shortages and increase economic activity.

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.

IMPACT — HIGH

The Canadian government announced plans to introduce category-based selection for Express Entry.

Key Points:

  • For 2023 Express Entry, Canadian authorities will prioritize category-based selection invitations for individuals who have:
    • A strong French language proficiency.
    • Work experience in agriculture, healthcare, STEM professions, transport and trades.
  • A complete list of eligible jobs for the new categories is available on this website.
  • To be eligible for an invitation through a category-based round, individuals must meet all requirements in the instructions for that round.

Additional Information: Canadian authorities will provide more details regarding the timing of invitations for individual categories and how to apply in the coming weeks. More information regarding Express Entry category-based selection is available here.

BAL Analysis: Category-based selection will allow Canada to issue invitations to apply to prospective permanent residents with specific skills, training or language ability. The first category-based invitations to apply are expected to be sent this summer.

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.

IMPACT — MEDIUM

The Canadian government has introduced new immigration measures to promote family reunification and address labor shortages.

Key Points:

  • Canadian authorities will now process most temporary resident visas within 30 days of receiving them.
  • Spouses, partners and dependents are now able to apply for an open work permit as soon as they submit a complete permanent residence application under the spouse or common-law partner in Canada class or other family class programs.
  • Spouses and other open work permit holders, whose open work permits expire between Aug. 1 and the end of 2023, will be able to extend their work permits for an additional 18 months.

Additional Information: Open work permits extensions will be offered to permanent residence applicants awaiting a decision on their permanent residence application and their spouses; family class-sponsored spouses with valid temporary resident status and their dependent children; spouses and common-law partners of most work permit holders and their dependent children; and spouses and common-law partners of study permit holders.

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.

IMPACT — MEDIUM

The Vietnamese government has announced its mandatory semiannual reporting deadline for foreign workers will be July 5, 2023.

Key Points:

  • Employers who sponsor employees must report its use of foreign workers to Vietnamese authorities by July 5, 2023.
  • The report must include the use of foreign workers from Dec. 15, 2022, to June 14, 2023.
  • Failure to submit this reporting requirement can result in fines for the employer and a possible delay in obtaining future work permit approvals.

Additional Information: Foreign nationals whose work permits were still pending as of Dec. 14, 2022, do not need to be included in the report.

BAL Analysis: Companies should ensure that they submit their semiannual report before the deadline to avoid complications or government fines.

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.

IMPACT — MEDIUM

The Canadian and South Korean governments have announced plans to implement the new Youth Mobility Agreement, allowing certain Canadian and South Korean nationals to live and work in the two countries.

Key Points:

  • The Youth Mobility Agreement will allow Canadian and South Korean nationals between the ages of 18 and 35 to live and work in each country for up to 12 months through three possible immigration categories:
    • Young workers category. Young Professionals participants receive an employer-specific work permit to gain targeted, professional work experience that is within their field of study or career path.
    • International internship category. International Co-op (Internship) participants receive an employer-specific work permit that allows students to gain targeted experience in their field of study.
    • Working Holiday category. Working Holiday participants receive an open work permit that allows them to work anywhere in the host country to support their travels.
  • Canadian and South Korean nationals can participate in the Youth Mobility Agreement twice, allowing up to 24 months to live and work in each country.
  • The Youth Mobility Agreement is expected to come into force in 2024.

Additional Information: Eligible South Korean nationals can find more information regarding the Youth Mobility Agreement through Canada’s International Experience Canada Program website; eligible Canadian nationals can find more information about the program through this website.

BAL Analysis: Canadian and South Korean authorities plan to introduce the Youth Mobility Agreement to improve bilateral relations and labor market access for their youth between 18 and 35 years old.

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.

IMPACT — MEDIUM

The Canadian and Finnish governments have announced plans to implement the Youth Mobility Agreement, allowing some Canadian and Finnish nationals to live and work in the two countries.

Key Points:

  • The Youth Mobility Agreement gives Canadian and Italian nationals between the ages of 18 and 35 an opportunity to live and work in each country for up to 12 months through three possible immigration categories:
    • Young workers category. Young Professionals participants receive an employer-specific work permit to gain targeted, professional work experience that is within their field of study or career path.
    • International internship category. International Co-op (Internship) participants receive an employer-specific work permit that allows students to gain targeted experience in their fields of study.
    • Working Holiday category. Working Holiday participants receive an open work permit that allows them to work anywhere in the host country to support their travels.
  • Canadian and Finnish nationals can participate in the Youth Mobility Agreement twice, giving them up to 24 months to live and work in each country.
  • The Youth Mobility Agreement is expected to come into force in 2024.

Additional Information: Eligible Finnish nationals can find more information regarding the Youth Mobility Agreement through Canada’s International Experience Canada Program website; eligible Canadian nationals can find more information about the program through this website.

BAL Analysis: Canadian and Finnish authorities plan to introduce the Youth Mobility Agreement to improve bilateral relations and labor market access for their youth between 18 and 35 years old.

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.

IMPACT — MEDIUM

The Canadian government announced it will join the Apostille Convention in order to improve the time required to authenticate certain documents.

Key Points:

  • Beginning Jan. 11, 2024, the Apostille Convention will enter into force for Canada.
  • Individuals will receive a single Apostille certificate by a Competent Authority in the country where the document originated.
  • Individuals will need an Apostille if all of the following apply:
    • The country where the document was issued and the country where the document is to be used have joined the Apostille Convention.
    • The law of the country where the document was issued considers it a public document.
    • The country that will use the document requires an Apostille to recognize it as a foreign public document.
  • Canadian documents will continue to be authenticated according to the specific legalization requirements of their countries of destination and the procedures currently in place until Jan. 11.

Additional Information: The electronic Apostille Program was launched in 2006 to support the electronic issuance and verification of Apostilles around the world. Canada will join 123 other countries who are a part of the Convention. More information on the Apostille Convention is available here.

BAL Analysis: The Canadian government has joined the Apostille Convention with intent to improve and ease the time required to authenticate certain public documents.

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.

IMPACT — MEDIUM

The Canadian government has waived immigration fees for family members of Canadian nationals and residents who fled Sudan.

Key Points:

  • Foreign nationals who fled Sudan can apply for temporary residence without paying processing fees if they:
    • Have a family member who is a Canadian national or permanent resident, and they left Sudan on or after April 15, 2023.
    • Are currently outside of Sudan.
  • Sudanese nationals who arrive in Canada before July 15, 2023, will be eligible to apply for an open work permit, study permit or permanent residence under the family class without paying processing fees.
  • More information regarding the special immigration measures for Sudanese nationals is available here.

Additional Information: Individuals who were evacuated by Canada or its partners must provide proof of eligibility. Those who left on their own must prove that they are an immediate family member of a Canadian citizen or permanent resident, and provide proof of their location in Sudan together before April 15, 2023.

BAL Analysis: Canadian authorities plan to provide more information on how to apply for these special immigration measures from inside of Canada in the coming weeks and may provide additional support to Sudanese nationals if determined necessary.

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.