Canada: COVID-19 Pandemic And Its Impacts On Canadian Immigration

13 April 2020

by Daniel C. Lee

Alexander Holburn Beaudin + Lang LLP

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

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

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.

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.

Canada still accepting spousal immigration applications despite coronavirus

By Kara Crudo

If you want to sponsor your partner for Canadian permanent residence you can still start the process amid coronavirus special measures.

The Canadian government has announced they will still be accepting and processing spousal and common-law sponsorship applications for partners who are both in Canada and abroad.

This is good news for applicants, both inside and outside of Canada, who have not yet had an opportunity to file their applications with the Canadian Immigration authorities.

As the Canadian government continues to refine COVID-19 measures, Immigration, Refugees and Citizenship Canada (IRCC) has ironed out a few of the concerns that couples may have about sponsorship during the crisis.

Intake of incomplete applications

IRCC has indicated that they will continue to accept and process new applications for permanent residence and may accept incomplete applications during the coronavirus pandemic. This will allow you not to delay a submission simply because you are unable to obtain a required document due to service disruptions caused by COVID-19.

If you will be filing a new spouse or common-law sponsorship application shortly and you are unable to provide the required supporting documentation the applicant must provide a detailed letter of explanation detailing the COVID related delays.

Incomplete applications will be kept and reviewed in 90 days. If the application is still incomplete in 60 days, IRCC officers are instructed to request the missing documents with an additional 90-day deadline.

Collecting social assistance may not make you ineligible to sponsor

As a general rule, applicants who are in receipt of last resort social assistance may be considered ineligible to sponsor their spouse or common-law partner. The Immigration and Refugee Protection Regulations define social assistance in broad terms and therefore it is important to determine which one would render you ineligible to sponsor.

The intent of this rule is to bar persons whose primary or sole source of income is “social assistance” benefits. If you have been recently laid off and are looking to the government for aid, know that receiving assistance, for example, Employment Insurance benefits would not render you inadmissible as a sponsor.

Other examples of benefits which may not render you ineligible to sponsor would include but are not limited to:

• subsidized housing
• tax credits
• child care subsidies
• other benefits which would be widely available to residents of a province or territory, including persons who are employed

Spouses and common-law partners exempt from travel restrictions

On March 18, 2020 the government of Canada has announced that they will prohibit the entry of foreign nationals into Canada as an effort to help stop the spread of the Coronavirus pandemic. This travel restriction is in place until June 30, 2020.

Exceptionally, immediate family members of Canadian citizens or Canadian permanent residents are exempt from the above travel restriction.

Both spouses and common-law partners are considered immediate family, which means they are still allowed to enter Canada from abroad. Travelers should identify themselves to the airlines and bring with them supporting documentation to demonstrate their immediate family members status in Canada and their relation. Recommended documents include but are not limited to:

• Marriage certificate or evidence of common law status
• Canadian Passport or Permanent resident Card
• Birth Certificate
• Other documents that demonstrate an immediate family connection

Paper and electronic versions of the above-mentioned documents should be accepted.

It is important to keep in mind that despite your ability to travel under the above-mentioned exemption, if you are travelling by air, you will need to pass a health check conducted by the airlines before you are allowed to board your flight and must not show any symptoms of COVID-19.

Note that standard travel documents are still required and therefore travelers must ensure they have either a tourist visa or electronic travel authorization as needed.

Source: CIC News

Foreign workers in these 10 occupations can now be hired faster.

Canada has expedited the process for employers to hire foreign workers in agriculture, food processing, and trucking occupations.

By Shelby Thevenot

Employers hiring foreign workers in 10 agriculture, food processing, and trucking occupations can now skip past a time-consuming step in the work permit process.

Canada is now waiving the advertising requirement for the Labour Market Impact Assessment (LMIA) in certain high priority occupations.

In order to get an LMIA, in most cases, employers need to prove that no Canadian was available to take a vacant position before offering it to a foreign worker. They do this by advertising the position for hire across various platforms for up to three months in some cases.

As of March 20, the minimum recruitment requirements for pending and future LMIA applications will be waived for the following 10 occupations:

• Butchers, meat cutters and fishmongers-retail and wholesale (NOC 6331)
• Transport Truck Drivers (NOC 7511)
• Agricultural service contractors, farm supervisors and specialized livestock workers (NOC 8252)
• General Farm Workers (NOC 8431)
• Nursery and Greenhouse Workers (NOC 8432)
• Harvesting labourers (NOC 8611)
• Fish and seafood plant workers (NOC 9463)
• Labourers in food, beverage and associated products processing (NOC 9617)
• Labourers in fish and seafood processing (NOC 9618)
• Industrial butchers and meat cutters, poultry preparers and related workers (NOC 9462)

Truck drivers who are situated in a province that has a Mandatory Entry-Level Training requirement must have the certification in their possession at the time they receive their work permit. Provinces with this requirement include B.C., Alberta, Saskatchewan, Manitoba, Ontario, and Quebec.

New electronic LMIA application processing

LMIAs can now be emailed to Service Canada. Employers can email their application to the appropriate address based on the immigration stream and job location.

For now, agricultural stream high wage and low wage applications from British Columbia, Saskatchewan, Manitoba, Alberta, Northwest Territories, Nunavut and Yukon must be sent to the Ontario processing centre.

Source: CIC News

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