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.

IMPACT — MEDIUM

The Canadian government recently announced it will provide new immigration support for Iranian temporary residents.

Key Points:

  • Beginning March. 1, Iranian nationals will have access to new immigration support, including:
    • Easier measures for those seeking to extend temporary status and simplified steps for moving between temporary streams.
    • An open work permit pathway for those who are already in Canada.
    • Exemption from certain processing fees for those wishing to extend their stay.
    • Exemption from passport and permanent residence travel document fees for citizens and permanent residents of Canada in Iran who wish to leave Iran.
  • The immigration support for Iranian nationals will remain in place until at least Feb. 28, 2024.

Additional Information: More information about how to apply for these new measures will be available on Immigration, Refugees and Citizenship Canada’s website on March 1.

BAL Analysis: Canadian authorities announced the immigration support for Iranian nationals to help them retain temporary residency in Canada.

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 resumed its requirements for temporary residence applicants to provide biometrics.

Key Points:

  • As of Feb. 23, foreign nationals must provide their biometrics when applying for temporary residence, including when:
    • Extending their stay as a student, worker or visitor.
    • Restoring their status as a student, worker or visitor.
    • Applying for a work or study permit, visitor visa or temporary resident permit.
  • Some individuals are exempt from the biometrics requirements, including Canadian citizens, citizenship applicants, existing permanent residents, visa-exempt nationals coming to visit Canada and children under the age of 14. A full list of exemptions is available here.
  • Individuals can use the check status tool to see if their biometrics are still valid.

Additional Information: Canadian authorities introduced the policy to temporarily exempt individuals applying for temporary residence within Canada from providing biometrics. This policy was implemented in response to COVID-19 pandemic closures and service disruptions at biometrics collection locations across Canada.

BAL Analysis: Canadian authorities resumed the collection of biometrics for temporary residence applicants as the virus situation around the world has improved. Individuals are reminded that if they are required to give biometrics as part of the application process, they must pay the biometrics fee when submitting the application.

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 announced that it will only accept online applications for the Temporary Foreign Worker Program beginning in April.

Key Points:

  • Beginning April 3, employers must apply for the TFWP using online Labor Market Impact Assessment applications.
  • Individuals will be able to submit applications for the TFWP through this website.
  • Processing times of LMIA applications will vary depending on the number of applications received by the TFWP.
  • More information regarding the online LMIA application process is available here.

BAL Analysis: Canadian authorities are moving the TFWP application process online to help reduce processing times and help address key labor shortages in Canada. Applicants are reminded that processing times vary based on the number of applications received.

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 announced that it is expanding its online application status trackers.

Key Points:

  • Express Entry applicants and their representative can now use the online application status trackers on four new categories of permanent residence applications, including the:
    • Canadian Experience Class.
    • Federal Skilled Worker Program.
    • Federal Skilled Trades Program.
    • Provincial Nominee Program.
  • Previously, the online application status tracker was only available for citizenship applications and immigration applications for spouses, partners and dependent child sponsorship categories.
  • The online application status tracker is available on this website.

BAL Analysis: Canadian authorities expanded the online application status tracker to help foreign nationals stay informed of any actions they need to complete to keep their application moving. By doing so, the Canadian government hopes to reduce wait times and improve access to important application information.

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 expanded and extended its open work permit program for Hong Kong residents.

Key Points:

  • Hong Kong residents now have until Feb. 7, 2025, to apply for an open work permit in Canada.
  • Hong Kong residents who have graduated within the past 10 years from a post-secondary learning institution in Canada or abroad can now apply for an open work permit.
  • Previously, applicants had to have graduated within the past five years from a post-secondary learning institution to apply for an open work permit.
  • Hong Kong residents who obtain an open work permit can work in Canada for up to three years under the program and may be eligible for further work permits or permanent residency, depending on their circumstances.

Additional Information: Under the Hong Kong open work permit program, spouses, common-law partners and dependent children are eligible to apply for a study or work permit. 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 Programand the Government-Assisted Refugees Program.

BAL Analysis: The expanded open work program will allow Canada to attract more skilled individuals, including those who have already acquired work experience, to address labor shortages.

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 and expanded the permanent residence pilot program for out-of-status construction workers.

Key Points:

  • Canadian authorities doubled the number of spots for the permanent residence pilot program for construction workers in the Greater Toronto Area from 500 to 1,000 spots.
  • Eligible individuals have until Jan. 2, 2024, or until 1,000 principal applicants have been chosen for the program to apply for permanent residence. Individuals can include their spouses, partners and dependent children in their application.
  • Potential applicants can continue to submit their names to the Canadian Labor Congress to determine their eligibility for the program.

Additional Information: Canadian authorities launched the pilot program in 2019 to create a pathway to permanent residency for out-of-status construction workers to address labor shortages.

BAL Analysis: The expansion of the pilot program for construction workers in the Greater Toronto Area is a step forward in increasing the protection of some workers in the construction industry, while safeguarding Canada’s labor market.

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 launched a program for family members of certain temporary foreign workers, allowing them to apply for work permits.

Key Points:

  • Working-age children and spouses of temporary foreign workers employed in a high-skill occupation, including jobs in healthcare, trades and hospitality, can apply for work permits.
  • Previously, spouses were the only family member eligible for a work permit if the primary applicant was working in a high-skill occupation.
  • This temporary program will be implemented in three phases, beginning with the high-wage stream of the Temporary Foreign Worker Program and the International Mobility Program:
    • Phase 1. Family members of workers coming to Canada through the high-wage stream of the Temporary Foreign Worker Programor the International Mobility Program will be able to apply for an open work permit.
    • Phase 2. Family members of workers from the low-wage stream of the Temporary Foreign Worker Program will be able to apply for an open work permit.
    • Phase 3. Authorities will meet with agricultural partners and stakeholders to assess if it is feasible to expand the measure to family members of agricultural workers.

Additional Information: The Canadian government estimates that family members of more than 200,000 foreign workers could begin working in Canada, offering a greater opportunity for both foreign workers seeking to work in Canada and for employers addressing their labor needs.

BAL Analysis: Canadian authorities announced the expansion of the eligibility of work permits to family members of temporary foreign workers to address labor shortages across 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 that it will update the Global Talent Occupations List.

Key Points:

  • Beginning Dec. 22, occupations eligible under the Global Talent Stream will now include:
    • Aerospace engineers — NOC 2146.
    • Civil engineers — NOC 2131.
    • Electrical and electronics engineering technologists and technicians — NOC 2241.
    • Electrical and electronics engineers — NOC 2133.
    • Mining engineers — NOC 2143.
  • Occupations that will remain eligible under the Global Talent Stream include:
    • Computer and information systems managers — NOC 0213.
    • Computer engineers (except software engineers and designers) — NOC 2147.
    • Computer network technicians — NOC 2281.
    • Computer programmers and interactive media developers — NOC 2174.
    • Database analysts and data administrators — NOC 2172.
    • Digital media designers — NOC Subset of 5241.
    • Information systems analysts and consultants — NOC 2171.
    • Information systems testing technicians — NOC 2283.
    • Mathematicians and statisticians (excluding actuaries) — NOC Subset of 2161.
    • Producer, technical, creative and artistic director, and project manager in the visual effects and video game fields — NOC Subset of 5131.
    • Software engineers and designers — NOC 2173.
    • Web designers and developers — NOC 2175.
  • More information regarding the Global Talent Stream and the updated occupations list is available here.

Additional Information: The updated Global Talent Occupations List will include NOC 2016 codes, their corresponding NOC 2021 codes and any associated wage floors. Individuals can check the full list of occupation classifications under NOC 2021 on the Employment and Social Development Canada site by choosing “NOC 2021” from the drop-down menu to search for an occupation.

BAL Analysis: Canadian authorities will expand the Global Talent Occupations List so that more companies can access the streamlined Global Talent Stream to hire more highly skilled foreign nationals in high-demand jobs.

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

Copyright © 2022 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 recently announced that family members, including spouses and working-age children, of certain temporary foreign workers will be able to apply for work permits in January.

Key Points:

  • For a two-year period beginning in January 2023, working-age children and spouses of temporary foreign workers employed in a high-skill occupation — including jobs in healthcare, trades and hospitality — can apply for work permits.
  • Previously, spouses were the only family member eligible for a work permit if the primary applicant worked in a high-skill occupation.
  • This temporary measure will be implemented in three phases, beginning with the high-wage stream of the Temporary Foreign Worker Program and the International Mobility Program:
    • Phase 1: Family members of workers coming to Canada through the high-wage stream of the Temporary Foreign Worker Program or the International Mobility Program will be able to apply for an open work permit.
    • Phase 2: Family members of workers from the low-wage stream of the Temporary Foreign Worker Program will be able to apply for an open work permit.
    • Phase 3: Authorities will meet with agricultural partners and stakeholders to assess if it is feasible to expand the measure to family members of agricultural workers.

Additional Information: The Canadian government estimates that family members of more than 200,000 foreign workers could begin working in Canada, offering a greater opportunity for both foreign workers seeking to work in Canada and for employers addressing their labor needs.

BAL Analysis: Canadian authorities announced the expansion of work permit eligibility to family members of temporary foreign workers to address labor shortages across the country.

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

Copyright © 2022 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.