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Removing barriers for international students working in essential services to fight COVID-19
News release
Temporary rule change aimed at helping health-care facilities, other workplaces under pressure
April 22, 2020—Ottawa—To help battle the COVID-19 outbreak, starting immediately, the government will remove the restriction that allows international students to work a maximum of 20 hours per week while classes are in session, provided they are working in an essential service or function, such as health care, critical infrastructure, or the supply of food or other critical goods.
During the COVID-19 outbreak, workers in certain roles and industries have been under considerable pressure, and the government recognizes that international students who are already present in Canada will help meet the challenges of the pandemic.
For instance, thousands of international students are studying in health- and emergency service-related programs, including many who are nearly fully trained and ready to graduate. This temporary rule change provides health-care facilities with access to additional well-trained workers at a time when they are badly needed.
Canada: COVID-19 Pandemic And Its Impacts On Canadian Immigration
On March 11, 2020, the World Health Organization assessed COVID-19 as a pandemic. The Canadian government has unveiled aggressive new measures to contain the coronavirus and this has direct impacts on Canadian immigration. This bulletin will provide a summary of the key immigration updates for the period between March 13, 2020 and March 23, 2020.
Air Travel
As at Wednesday, March 18, 2020 at 12:00 pm EST, only Canadian citizens, permanent residents and their immediate family members (i.e. spouses, common law partners, dependent children, parents and guardians) can return to Canada by air travel. There are some exceptions to the above policy, such as for airline crews, diplomats and travelers arriving in Canada in transit to a third country (not an exhaustive list).
As at March 20, 2020, the Canadian government provided that the exemptions to the air travel restrictions also apply to the following individuals:
- seasonal agricultural workers, fish/seafood workers, caregivers and all other temporary foreign workers in possession of a valid Canadian Work Permit;
- international students who hold a valid study permit, or have been approved for a study permit, at the time the travel restrictions took effect on March 18, 2020; and
- permanent resident applicants who had been approved for permanent residence before the travel restrictions were announced on March 18, 2020, but who had not yet travelled to Canada.
If a foreign national does not meet one of the above exemptions, then they can still travel to Canada from the United States by air if they have been in the United States for a continuous period of 14 days immediately prior to travelling to Canada.
Land Travel
As at March 20, 2020 at 11:59 pm EST, the US-Canada land border will be temporarily closed for 30 days until 11:59 pm EST on April 20, 2020. During the temporary land border closure all non-essential travel across the borders will be restricted. Non-essential travel includes travel for tourism or recreational purposes.
On March 23, 2020, the Canadian government has defined "essential travel" to include the following activities:
- work and study;
- economic services and supply chains;
- critical infrastructure support;
- health (immediate medical care);
- safety and security;
- shopping for essential goods (medication); and
- other activities at the discretion of the border services officer.
Foreign workers with valid Canadian Work Permits and international students with valid Study Permits are also able to return to Canada from the United States via the land borders, and must self-isolate on returning to Canada for 14 days.
Moreover, the Canadian government has defined immigration services as non-essential travel. Accordingly, Canada Border Services Agency will not process Work Permit, Study Permit or Permanent Resident applications at the land borders during the temporary border closure.
Immigration Canada Offices
Immigration Canada offices are now closed to the public. Further, the following in-person services are temporarily suspended until further notice:
- citizenship tests;
- citizenship interviews;
- citizenship ceremonies; and
- in-person permanent resident landing appointments (until April 13, 2020).
Immigration Canada is still processing both temporary and permanent resident applications. However, with many visa application centers currently temporarily closed due to the ongoing impacts of COVID-19, applicants should anticipate delays in their applications.
Moreover, we anticipate there to be extensive delays in the processing of inland temporary and permanent resident applications. If your temporary resident status in Canada will expire within the next six months, then we recommend you to immediately commence in your extension application in order to prevent undue delay in processing your application.
Passport Offices
On March 19, 2020, the Canadian government announced that both mail-in and in-person passport services are suspended until further notice. Please note if you need to travel outside of Canada urgently, you may be able to apply for a passport if you meet one of the below requirements:
- have a serious illness;
- must tend to the serious illness or death of someone you know;
- will have financial problems from the loss of a job or business; or
- must travel for humanitarian reasons.
British Columbia Provincial Nominee Program ("BC PNP")
On March 17, 2020, BC PNP temporarily closed their Vancouver office in order to work remotely until further notice. BC PNP continues to issue Invitations to Apply to the BC PNP and applications are currently being reviewed within the posted standard processing times.
In-person interviews for Entrepreneur Immigration have been cancelled and will be re-scheduled when possible.
Employment and Service Development Canada ("ESDC")
ESDC is still processing Labour Market Impact Assessments ("LMIA") applications. We anticipate there to be some delay in the processing time, especially with the 10 day speed of service for top 10 percent of wage earners.
The government has confirmed approved LMIAs will be valid for 9 months instead of 6 months.
Immigration Compliance for Employers
For employers who are assessing whether or not to temporarily lay off their employees during the COVID-19 pandemic, there are immigration considerations that need to be factored in to comply with Canadian immigration laws. In general, in order for an employer to temporarily lay off a foreign worker during the COVID-19 pandemic, the temporary lay-off must be justified in addition to complying with applicable employment laws. This means the employer must demonstrate that the temporary lay-off is in response to a dramatic change in economic conditions that directly affected the employer's business and the temporary lay-off was not directly disproportionately at foreign workers employed by the employer. In other words, the employer cannot choose to temporarily layoff foreign workers over Canadian citizens or permanent residents during the COVID-19 pandemic.
Conclusion
Guidelines for Canadian immigration and travel are evolving quickly and is subject to frequent change with little to no prior notice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Source: Mondaq.com
Source: Mondaq.com
International students now eligible for PGWP with online courses.
Online course work will not spell ineligibility for international student graduates seeking Canadian work experience.
By Kareem El-Assal And Shelby Thevenot
By Kareem El-Assal And Shelby Thevenot
International students starting their Canadian study program in the coming weeks will not be penalized for online coursework if they eventually apply for a Post Graduation Work Permit (PGWP).
The PGWP allows international students to work in Canada for up to three years. It is a way to get Canadian work experience, which is highly valued in economic class immigration programs that lead to permanent residence.
Canadian government research shows that those with Canadian experience prior to becoming permanent residents tend to integrate quickly into the labour market. As such, many of Canada’s more than 80 economic class immigration programs reward candidates who have Canadian experience with extra points, or are geared specifically for international students.
Under normal circumstances, international students must have continuously studied full time in Canada in a program that is at least eight months long in order to be eligible for this work permit. Studying online could render an applicant ineligible for a PGWP.
This temporary reform is yet another step taken by Canada to make its immigration policies more flexible and avoid disrupting the plans of immigration clients during a period in which it is seeking to contain the spread of the coronavirus.
Given that many courses were forced to move online in accordance with coronavirus prevention measures, Immigration, Refugees and Citizenship Canada (IRCC) is allowing international students enrolled in these courses to be eligible for a PGWP.
This also includes students who have a study permit, or who were approved for a program starting in May or June, but who are unable to travel to Canada amid travel restrictions.
International students in this predicament can begin their classes while outside Canada and may complete up to half of their program while abroad if they cannot travel to Canada sooner.
International students who were approved for a study permit after March 18 are currently not exempt from Canada’s travel ban, which is set to be in place until June 30.
IRCC’s temporary reform will be welcomed by the many international students who wish to eventually transition to permanent residence.
According to a survey by the Canadian Bureau for International Education, 60 per cent of Canada’s international students indicate this desire. Obtaining a PGWP is an important stepping stone for such students as it enables them to gain the Canadian experience they often need to become eligible for an economic class immigration program.
In 2018, one-quarter of the nearly 90,000 people who received an invitation to apply under Express Entry were former international students.
Source: CIC News
Renewing work and study permits without flagpoling
By Stephen Sherman
Temporary coronavirus measures make it impossible to renew Canada work and study permits by crossing the U.S. border.
Temporary coronavirus measures make it impossible to renew Canada work and study permits by crossing the U.S. border.
As a result of Canada’s directives aimed at limiting the spread of coronavirus, foreign nationals can no longer apply for a temporary visa, such as a work permit, study permit or visitor visa, by flagpoling.
Flagpoling refers to a process whereby foreign nationals inside Canada go to the Canada – US border, enter the US briefly, and then apply for a visa upon re-entering Canada.
There are a few key advantages to applying for a visa through this method, and each highlights the additional care and attention that must be given to applications now that flagpoling is not an option.
Bypassing processing times
When a visa application is submitted through the consulate or at a visa office, processing times can be lengthy, depending on the type of visa and where the application is submitted.
By contrast, when you flagpole, your visa application is processed on the spot so you typically know the result of your application that same day.
Because this is not possible now, it is important that visa applications be done right the first time. It would be a waste of time to submit an application only to find out weeks later that a document was missing or an incorrect form was filled out. The additional processing time could have dire consequences in time-sensitive immigration situations.
Easier application process
When you flagpole you do not need to worry about where to submit your application, or whether to apply online or on paper. Instead, you hand the required documents to a person standing in front of you, and the visa application is processed while you are physically present. If there is a document missing or the incorrect fee was paid, the immigration officer can let you know and the error can be rectified without delay.
Now that flagpoling is not an option, a trivial mistake or a simple clerical error can cause an application to be delayed. It is essential to submit an application to the correct visa office in the correct manner. Failure to do so could result in wasted application fees and wasted time, not to mention potential refusals that could have been easily avoided.
You can make your case beyond the contents of your application
When you are flagpoling, you are dealing face to face with a human being. So if there are doubts about your eligibility or questions about your intentions to apply for a particular visa, these can be discussed with the authority who will decide the outcome of your application.
Without flagpoling there is no opportunity to explain the particulars of an application, nor is there the chance to refute a potential motive of refusal put forth by the immigration officer. The understanding and clarification that can be provided through dialogue is lost without that personal interaction. As it stands now, applying for a visa is a more formal process in which there is less leeway in terms of subjective assessment and the discretion of the immigration officer plays a less important role.
For all the reasons mentioned above, now more than ever it is important to submit a perfect application. Be as clear as possible with respect to the satisfaction of the eligibility criteria. Do not leave room for the immigration officer to doubt as to why you are seeking the particular type of visa for which you are applying, or why you are using a certain application method.
Because the application process involves no face to face human interaction, visa officers are likely to be less forgiving in the consideration of applications. Also, there is far less room for error when completing and submitting these applications.
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