Canadian officials announced that a dedicated humanitarian pathway to provide permanent residence to Colombian, Haitian and Venezuelan foreign nationals is now open for applications.

‌Key Points:

  • As previously reported, Canada will provide a new pathway to permanent residence for citizens of Colombia, Haiti and Venezuela who are residing in Central or South America or the Caribbean.
  • As part of that effort, Canada announced that they will welcome 15,000 migrants on a humanitarian basis from the Western Hemisphere.
  • Foreign nationals who have extended family connections in Canada will be eligible to apply for this new pathway. The Canadian citizen or permanent resident who agrees to support the foreign national and their family members will serve as an anchor for one year.

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.

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

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Government officials announced a new wage review process for the Temporary Foreign Worker Program that will be in place until Aug. 30, 2024.

Key Points:

  • The TFW Program Workforce Solutions Road Map was introduced to help Canadian employers fill job vacancies due to labor shortages.
  • The government confirmed that, as of Jan. 1, 2024, employers will have to annually review temporary foreign workers’ wages to ensure they reflect increases to prevailing wage rates for their given occupation and region of work.
  • The reviews are designed to ensure that employers continue to pay temporary foreign workers at the prevailing wage throughout employment.

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.

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.

Canadian officials announced the launch of CAN Work Philippines, a pilot program for eligible Canadian employers recruiting in the Philippines.

‌Key Points:

• 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.

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.

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.