IMPACT — MEDIUM

The Canadian government and its largest public sector union, Public Service Alliance of Canada, have reached a tentative labor agreement, ending the national strike for the vast majority of public service workers.

Key Points:

  • As of May 1, those working for Immigration, Refugees and Citizenship Canada; Employment and Social Development Canada; Canada Border Services Agency; and Passport Canada have returned to work.
  • Government employees had been on strike since April 19, causing widespread delays to services provided by the Canadian government.
  • Those in need of passport renewals should continue to expect delays.

BAL Analysis: While the strike has ended, some immigration services may still be delayed. Employers and employees should work to submit immigration applications as soon as possible to minimize delays and the negative impacts of the labor strike.

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 measures for Sudanese temporary residents affected by the ongoing conflict in Sudan.

Key Points:

  • Sudanese nationals will be able continue to study, work or visit family by applying for an extension free of charge.
  • Sudanese nationals who are already in Canada will be able to move between temporary categories.
  • Sudanese nationals may not need a passport or travel documents to be approved for a permanent resident visa.
  • New and existing temporary and permanent residence applications, including visitor visa applications for immediate family members of Canadian nationals and permanent residents, will be prioritized.
  • More information regarding the special immigration measures for Sudanese nationals is available here.

BAL Analysis: Canadian authorities plan to provide more details on the special immigration measures 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.

IMPACT — MEDIUM

Canada’s largest public sector union, Public Service Alliance of Canada, began a labor strike Wednesday, causing disruptions in many government-provided services.

Key Points:

  • As of April 19, many government services provided by the Canadian government are delayed, including immigration services provided by:
    • Canada Border Services Agency.
    • Employment and Social Development Canada.
    • Immigration, Refugees and Citizenship Canada.
    • Passport Canada.
  • Individuals who are traveling to Canada should expect delays and longer wait times at all ports of entry.
  • Those in need of passport renewals should expect delays.
  • PSAC has yet to provide information on how long the strike will last.

Additional Information: More information regarding what services are specifically impacted is available here.

BAL Analysis: While immigration services are still available at this time, employers and employees should work to submit immigration applications as soon as possible to minimize delays and the negative impacts of the labor strike. Those who are traveling to Canada should expect delays when entering the country. BAL will continue to monitor the labor strike and will provide more information as it is made available.

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 extended the temporary measures under the Temporary Foreign Worker Program first introduced during the COVID-19 pandemic.

Key Points:

  • Until at least Oct. 30, 2023, employers in designated sectors with labor shortages can hire up to 30% of their workforce through the TFWP for low-wage positions.
  • Labor Market Impact Assessments will retain their validity for up to 18 months.
  • Foreign nationals hired through the TFWP will have work authorization for up to two years.

Additional Information: Beginning in April, individuals should submit LMIAs for the TFWP through this online portal. National average processing times for LMIAs have improved by over 10 days in fiscal year 2022-23, Canadian authorities report. Average LMIA processing times have continued to improve and are now at 29 days, down from 40 days at the beginning of this fiscal year.

BAL Analysis: Canadian authorities extended the temporary measures under the TFWP to address labor market shortages across the country and enable qualifying foreign nationals to continue 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

Canadian authorities have doubled the number of nominations under the Ontario Immigrant Nominee Program.

Key Points:

  • The provincial Canadian government of Ontario will be able to nominate 16,500 foreign nationals for the OINP in 2023, increasing the total by 7,500 nominations from 2021.
  • Authorities plan to increase the total again in 2025 to 18,361 nominations.

Additional Information: The OINP recognizes and nominates foreign nationals for permanent residence who have the skills and experience the Ontario economy needs, and the Canadian government makes the final decision to approve applications for permanent residence. More information regarding the OINP is available here.

BAL Analysis: Canadian authorities doubled the number of nominations under the OINP as Ontario is experiencing severe labor shortages, with more than 300,000 jobs remaining available in December 2022.

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 extended the Canada-Ukraine authorization for emergency travel pathway for Ukrainian nationals.

Key Points:

  • Ukrainian nationals and their immediate family members can stay and work or study in Canada as temporary residents for up to three years instead of six months under the CUAET program.
  • Ukrainians and their family members will have until July 15, 2023, to apply overseas for a CUAET visa free of charge.
  • Anyone holding a CUAET visa will have until March 31, 2024, to travel to Canada under the special measures.
  • CUAET holders who are already here in Canada will have until March 31, 2024, to extend or adjust their temporary status through these measures.
  • Applicants who are overseas must apply online for a Canadian visitor visa and provide their biometrics. Individuals should simultaneously submit an application for a three-year open work permit. Detailed application instructions are available here.
    • Applicants who do not have a valid passport can still apply and Canadian authorities will provide a single-use travel document on a case-by-case basis.

Additional Information: Canadian authorities waived most application fees under the CUAET program, including visa fees. Settlement services will remain available to Ukrainians and their family members after they arrive so that they can fully participate in Canadian communities while they are here. Ukrainians and their family members will also continue to benefit from the one-time transitional financial support, as well as from access to emergency accommodations for up to two weeks upon arrival in Canada. More information regarding the CUAET program is available here.

BAL Analysis: The Canadian government extended the CUAET program as the war in Ukraine continues. Employers and employees are reminded that actions taken as a result of the invasion of Ukraine may change with little or no notice.

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.

U.S. Customs and Border Protection and the Canada Border Services Agency announced that they will reopen eight NEXUS enrollment centers in Canada.

Key Points:

  • As of March 21, travelers can begin booking interviews at the international airports in Calgary, Edmonton, Halifax, Montreal, Ottawa, Toronto, Vancouver and Winnipeg. Interviews will begin on:
    • March 27 at Halifax Stanfield International Airport and Winnipeg James Armstrong Richardson International Airport.
    • April 3 at Vancouver International Airport.
    • April 12 at Calgary International Airport and Edmonton International Airport.
    • April 17 at Montreal-Trudeau International Airport.
    • April 24 at Ottawa Macdonald-Cartier International Airport and Toronto Pearson International Airport.
  • More information on the NEXUS program is available here.

Additional Information: NEXUS applicants have three options for completing their interviews after being conditionally approved for NEXUS. Applicants can complete a(n):

  • Joint interview at a U.S.-based enrollment center.
  • Interview at a Canadian land enrollment center and then complete another interview at a U.S. enrollment center location at the Canadian border.
  • Interview at a Canadian airport enrollment center with CBSA officers and complete a U.S. interview with CBP at Canadian airport preclearance locations for those flying from Canada to the United States.

BAL Analysis: U.S. and Canadian authorities reopened the NEXUS enrollment centers in Canada to reduce wait times and expand the program. The reopened centers will help reduce the backlog of applications and help more individuals get NEXUS cards.

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 special measures for Syrian and Turkish temporary residents affected by the earthquake.

Key Points:

  • Beginning March 29 until at least Sept. 25, Syrian and Turkish nationals will be able continue to study, work or visit family by applying for an extension free of charge.
  • Syrian and Turkish nationals who are already in Canada will be able to apply for an open work permit and move between temporary categories.
  • Syrian and Turkish nationals will not have to have a passport or travel documents to be approved for a permanent resident visa.
  • New and existing temporary and permanent residence applications from the affected regions, including visitor visa applications for immediate family members of Canadian nationals and permanent residents, will be prioritized.
  • More information regarding the special immigration measures for Syrian and Turkish nationals is available here.

BAL Analysis: Canadian authorities plan to provide more details on the special immigration measures in the coming weeks and may provide additional support to Syrian and Turkish 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.

IMPACT — MEDIUM

The Canadian government announced that it is extending post-graduation work permits for 18 months.

Key Points:

  • Beginning April 6, PGWP holders will be able to opt into a facilitative process to extend their work permits for up to 18 months.
  • Foreign nationals whose PGWP have already expired in 2023 and those who qualify for the 2022 PGWP facilitate measure will also be able to apply for the 18-month extension.
  • Eligible individuals with expired work permits will be able to restore their status even if they are beyond the 90-day restoration period; such individuals will receive interim work authorization while waiting for their new work permit application to be processed.
  • PGWP holders who are eligible for the extension will receive messages to log into their online Immigration, Refugees and Citizenship Canada secure account to apply for the extension and update key personal information.

BAL Analysis: The Canadian government announced the new work measures to address labor shortages and help post-graduate work permit holders retain their right to work in Canada. Canadian authorities have said they will provide application instructions on IRCC’s website in the coming weeks.

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 recently extended a temporary policy allowing visitors to apply for work permits while in Canada until Feb. 28, 2025.

Key Points:

  • Foreign nationals who are in Canada as visitors and receive a valid job offer can continue to apply for and receive a work permit without having to leave the country. To be eligible, an applicant must:
    • Have valid status as a visitor on the day they apply.
    • Have a job offer that is supported by a labor market impact assessment or an LMIA-exempt job offer.
    • Submit an application for an employer-specific work permit before Feb. 28, 2025.
  • Visitors applying who held a work permit within the last 12 months can also continue to request interim work authorization to begin working for their new employer immediately.
  • Previously, visitors applying to work in Canada would typically have to apply from outside the country.

BAL Analysis: Canadian authorities extended the temporary work permit application policy to further address labor market shortages and give more visitors the option of staying and working 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.