Temporary Foreign Workers can enter Canada amidst COVID-19 Travel Restrictions This blog is co-written by our former articling student, Janet Son. The Federal Government announced changes to the travel restrictions as they apply to Temporary Foreign Workers (“TFW”) with some major caveats. TFW’s who are coming to Canada for an “essential purpose” are exempt from travel restrictions if they do not present symptoms. Essential services include: Necessary medical deliveries of cells, blood, tissues, organs and other similar life-saving human body parts Trade and transportation sectors that deliver goods and people such as truck drivers, crew on planes, trains and vessels Workers in the healthcare or critical infrastructure sector that regularly cross the border to work Those that have to cross the border to provide or receive essential services including emergency responders However, all other TFW’s on a work visa not considered “essential” will be subject to certain restrictions. If flying by air, TFW’s will be required to pass a health check by the airlines before they are allowed to board the plane. Anyone with symptoms of COVID-19 will not be allowed to board the flight. According to Section 58 of the Quarantine Act, Emergency Order PC number 2020-0175, TFW’s that do not fall under the exemptions are required to self-isolate for 14 days upon their arrival to Canada whether or not they have symptoms. If they have symptoms upon arrival, depending on the severity of their condition, they may be placed in quarantine at the port of entry or sent to the hospital. Once recovered they will be assessed by the hospital and deemed safe to continue to their final destination within Canada. TWF’s can face hefty penalties for failing to report symptoms or to self-isolate for the mandatory 14 days, including fines of up to $750,000. Employers cannot allow their TFW’s to begin work until the 14-day self-isolation period is complete, even if it is at the request of the worker. This 14-day period must also be paid time. The Federal Government announced $50 million dollars to assist farmers and fish processers to offset the cost of 14 days of pay during the mandatory self-isolation period. These industries heavily rely on TFW’s for seasonal work. Employers are eligible for $1500 per TFW to help cover the cost. Furthermore, if a TFW becomes ill while in Canada, they should receive health coverage equivalent to residents of Canada. And for workers in the low-wage and primary agriculture streams including the Seasonal Agricultural Worker Program, their employer is responsible for ensuring health coverage until they are eligible for the provincial plan. The employer must also immediately notify their local public health authority and ensure proper conditions for self-isolation for the TFW. Finally, TFW’s may be eligible for Employment Insurance or the Canada Emergency Response Benefit as long as they meet the eligibility requirements. TFW’s may also be eligible for paid or unpaid sick leave based on their specific employment contract and applicable employment legislation. These policies aim to strike the balance between the urgent need of Canada’s agriculture and fishing industry for TFW’s while attempting to ensure the safety of the TFW’s and the general public. If you have more questions about the Temporary Foreign Worker programs related to COVID-19, contact immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca or 416-446-5841 or employment lawyer Marty Rabinovitch at marty.rabinovitch@devrylaw.ca or 416-446-5826. By Fauzan SiddiquiBlog, COVID-19, ImmigrationApril 28, 2020September 30, 2020
Canadian Immigration Status during COVID-19 pandemic This blog is co-written by our former articling student, Janet Son. Information regarding the status of flights, border closures and visas is changing by the hour during this pandemic. When it comes to immigration status, there are a few key things to be done to ensure that you are able to remain in Canada. IF YOU HAVE TEMPORARY RESIDENT STATUS AS A VISITOR If you are already in Canada with visitor status that is set to expire (either because you’re nearing the end of a six-month stay or you’re approaching the date stamped in your passport or indicated on a Visitor Record issued to you), you can remain in the country by applying online for an extension of your visitor status. As these applications typically take around 90 days to be processed, this will likely provide visitors with a window within which to wait out the various risks associated with travelling that they would face if they had to leave when their status expires. Applicants with pending applications to extend are considered to be on “implied status” and may legally remain in Canada pending the decision on the application. While the Canadian government recommends applying for an extension at least 30 days before expiry of your current status, an application can be made at anytime, even the day before the expiry. Note that, if you are outside of Canada but hold a valid visitor’s visa or electronic Travel Authorization (eTA), you may not enter Canada at this time unless you fall under this list of exemptions. If you realize too late that your visitor status expired, you can apply online for restoration of your visitor status as long as you do so within 90 days of the expiry. The application process is very similar to the application to extend. The difference is the applicant is technically without status during the period of time pending a decision on the restoration, and foreign nationals should keep a copy of the letter confirming their restoration application was submitted in case called upon by any authority to explain their status. Online, make sure to select “Restore my status” and include as much detail as possible explaining why you need to extend your stay along with paying the restoration fee. If it has been more than 90 days since your status expired, you may consider applying for a temporary resident permit. These are highly discretionary permits and an officer must be convinced that, despite your breach of immigration laws, you have made a case for a further temporary stay. For some who are unable to return to their home country due to increased travel restrictions and health risks, you might argue this as grounds for a temporary resident permit. There are many nuances to an application for a temporary resident permit. If considering this option, it is highly recommended you seek the advice of an experienced immigration lawyer. These considerations apply with modifications to foreign nationals in Canada on a work or study permit. For more information, Devry Smith Frank LLP invites questions by phone call and email. The Government of Canada has strongly advised people to apply online rather than submitting a paper application at this time due to the high volume of applications. This blog is a high-level overview of your options if you are in Canada as a visitor or on a study or work permit and is not a replacement for tailored legal advice according to your circumstances. Each category has a long list of exceptions and requirements that must be carefully followed and not fully captured by this blog post. If you require more advice on your temporary immigration status contact immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca or 416-446-5841. By Fauzan SiddiquiBlog, COVID-19, ImmigrationApril 3, 2020September 30, 2020
CBSA Watchdog with No Teeth? A report commissioned by Public Safety Canada came to light earlier this year, urging the government to put in place an independent body to review complaints against and make recommendations to the Canada Border Services Agency and the Royal Canadian Mounted Police. The new “Canada Law Enforcement Review Commission” would have the ability to initiate reviews, dismiss frivolous complaints, share information with other review bodies, and issue non-binding recommendations to the CBSA and RCMP. While the proposal made by former Privy Council Office chief Mel Cappe would be a welcome source of accountability and transparency in Canada’s immigration system in theory, it is unlikely that such a body would have any ability to reprimand or impose change on either the CBSA or RCMP. The report was commissioned partly in response to growing public concern for the safety of people entering Canada and being detained administratively for sometimes indefinite periods of time, often improperly. The CBSA has come under recent scrutiny as a result of a series of in-custody deaths. While Canadian immigration lawyers urge the government to consider implementing the recommendations sooner than later, the extent of the watchdog’s ability to protect will remain to be seen. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationMarch 20, 2020June 16, 2020
Pending Immigration Application? Don’t Delay Biometrics Collection As part of most work/study permits and visitor visa applications, applicants are required to give biometrics. Biometrics consist of the collection of fingerprints and a photo at a Canadian visa application centre (VAC). In most cases, applicants are required to give biometrics outside of Canada prior to issuance of their temporary travel document and/or permit. Immigration, Refugees and Citizenship Canada (IRCC) will normally send applicants a biometrics collection letter sometime after their application has been submitted. The letter will provide instructions on how to get biometrics and provide a 30-day timeframe within which to complete this step. Failure to do so within the prescribed time can lead to a rejection of the application in question. It is essential that applicants locate and contact a VAC (in their home country or any other country they may be in temporarily) quickly upon receipt of the letter from IRCC. Most VACs require appointments and can be facing backlogs that could lead to delays for applicants trying to get their biometrics done in a pinch. It is good practice to make an appointment as soon as possible. Remember to take the biometrics collection letter and passport with you! The VAC will need this to locate the applicant in their system and complete biometrics. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationMarch 6, 2020September 30, 2020
Maximizing the Benefit of a Post-graduate Work Permit Often international students come to Canada with plans to make Canada their home after graduation. For many, this is a very real option. Students graduating from qualifying Designated Learning Institutes (most major universities and colleges will qualify) will be entitled to apply for a post-graduate work permit for up to three years. The exact length of their work permit will depend on the length of their study program. It’s important to note, however, that post-graduate work permits are a one-time shot. They cannot be renewed. More importantly, is that they start the clock running on a coveted period of time that an international student can start to accumulate Canadian work experience. For students with little to no foreign work experience, this Canadian work experience will often be the defining factor in whether they will qualify for permanent residence under Canada’s Express Entry system. All too often, students graduate and either return home or travel outside of Canada for some period of time, take time off while they decide what they want to do next, or take casual part-time jobs instead of positions in their intended fields. This can be a mistake for many who will eventually need to demonstrate that they have accumulated one year of full-time work experience in a skilled vocation in Canada in order to qualify under Express Entry. Many international students lose the ability to benefit from the golden opportunity of a post-graduate work permit. It is essential that international students think well ahead of graduation about where they can secure full-time, permanent and meaningful work in a position that will lend itself to points under the Express Entry system. If you would like more information or legal advice on visiting, working or studying in or moving to Canada, please contact our immigration law department at 416-449-1400 or by email at info@devrylaw.ca. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationFebruary 25, 2020June 10, 2024
Prince Harry and Meghan Markle as Canadian citizens? It’s harder than it sounds This blog is co-written by our former articling student, Linda Noorafkan. Prince Harry and Meghan Markle have decided that they will live in Canada on a part-time basis with their son, Archie. Social media is buzzing with Canadians delighted that the Prince and the Suits star could be moving to their neighbourhood. Others are critical about the supposed “easy” move, as hard-working people around the world struggle to enter Canada. But, is it really that easy for the Royals to move to Canada? It’s not as simple as it sounds. Foreign nationals seeking entry to Canada must have the authorization to do so. For most, this means having a temporary resident visa or an electronic travel authorization. British Royalty, however, is an exception to this rule – Her Majesty in right of Canada and any member of the Royal Family may enter Canada without any prior authorization. Visitor status is typically granted for a period of up to six months, though once in Canada, visitors may seek an extension of that status. But what about working, studying and living permanently in Canada? When it comes to more than a simple visit to Canada, there is no outright exception to the ordinary rules of immigration for Royals. If the Duke and Duchess of Sussex want to live here permanently, they must follow the same regulations governing anyone else. This means falling into a category, or “class,” eligible for permanent residence. “Classes” include but are not limited to the “family class” (for Canadians or permanent residents seeking to sponsor their spouses or other eligible family members), “economic classes” (for those who demonstrate the ability to “become economically established in Canada”), and the “self-employed class” (for those demonstrating the ability to be self-employed in certain cultural, athletic, or farming activities). For Harry and Meghan, one of the more likely pathways to permanent residency is an application under an “economic class”, meaning either or both could submit that they are likely to “become economically established in Canada.” Harry may face an uphill battle in that regard, having arguably insufficient formal post-secondary education and a minimal “skilled work” history. In Canada’s points-based system for the economic class, Harry is likely to come up short. More likely for success is the prospect of Meghan highlighting her university degree and several years of skilled work experience as an actress, and including Harry and Archie as accompanying family members in her application. If Meghan intends to continue acting or participating in cultural activities (perhaps leveraging her acting career toward other artistic endeavours), she might qualify for permanent residency under the self-employed person class. Every year that passes since she last participated in so-called cultural activities will tend to lessen her chances, as such activities must have taken place within the last five years prior to submitting the application for permanent residence. Self-employed persons are assessed on a points system and the fewer years’ experience included in the application, the fewer points Meghan would score. She would also need to be mindful of the minimum requirement of inclusion of two one-year periods of experience in her application. With her last year on Suits having been in 2017, the clock is running out for her in this category as far as her acting experience is concerned. What if Prince Harry applies as the principal applicant under the “self-employed class”? Prince Harry may be considered a “cultural icon”. He has served in countless international and public roles, including his launch of the Invictus Games alongside Michelle Obama. It would be interesting to see how an immigration officer would assess Harry’s case under this category. With their backgrounds and available funds, they may have good chances of making it work under one of several categories, but they will need to make their case, submit it and be assessed like any other applicant. While they weigh their options for and interest in permanent residency, there are a number of work permit options available to the Royals which will depend largely on the type of work in which they seek to engage. They may also choose to live so temporarily in Canada throughout the year that they seek only to gain entry to Canada as visitors from time to time. Each entry as a visitor will typically provide visitor status up to six months at a time. If there are compelling reasons, they may seek extensions of their visitor status as the need arises. If ultimately the Duke and Duchess obtain permanent residence in Canada, they will be subject to a number of rules governing the maintenance of that status as well as their eventual ability to seek citizenship. Permanent residents must reside a minimum number of days in Canada for every five year period in order to maintain their status to ultimately qualify for citizenship. The road is not quick or smooth and their plans to travel or live part-time in the UK may prove to be hindrances. If you would like more information or legal advice on visiting, working or studying in or moving to Canada, please contact Maya Krishnaratne at 416.446.5841 or maya.krishnaratne@devrylaw.ca. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationJanuary 31, 2020September 30, 2020
What is the Student Direct Stream Program? How Do I Qualify for It? Canadian colleges and universities attract thousands of foreign students from across the globe each year. In response to the growing demand for studying in Canada, “Immigration, Refugees and Citizenship Canada” has revamped the Student Direct Stream (SDS), study permits can now be processed within 20 calendar days for eligible legal residents of China, India, Morocco, Pakistan, Philippines, Senegal and Vietnam. The introduction of the SDS is part of a wider initiative by the Canadian government to improve the processing of study permit applications and attract qualified and talented international students to choose Canada as a study destination. WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR THE SDS CANADA PROGRAM? As part of the specific processing requirements for SDS international, students must submit their SDS applications online and must also provide the following documentation at the time of submitting their applications: 1. A qualifying score of at least 6 for English (IELTS), or Niveaux de compétence linguistique canadiens score of 7 for French (TEF); 2. Purchase of a Guaranteed Investment Certificate (GIC) to the value of $10,000; 3. A letter of acceptance from a post-secondary designated learning institution (DLI) in Canada; 4. Tuition payment for the first year of study at a DLI in Canada; 5. Evidence of medical examination must be provided upfront (if required); and 6. Police clearance certificate (if required). Applicants may also need to provide other documents, which may be specific to the visa office that processes their application. Additionally, citizens of China, India, Morocco, Pakistan, Philippines, Senegal and Vietnam who reside in another country are not eligible to apply under SDS. Those who do not meet the eligibility criteria for SDS may still be eligible to have their applications referred to the regular study permit application process by the reviewing visa officer. In certain circumstances, if a visa officer receives an SDS application that does not meet SDS eligibility criteria, the officer has the discretion to request further information from the applicant so that the application can still be processed under the SDS processing times. Moreover, dependents of principal applicants who are eligible for SDS may also be able to get faster processing for their visitor visas, work permits or study permits. However, all of the applications must be submitted online at the same time as part of a family group. If dependents’ applications are submitted after the SDS study permit application, they will not be processed within the streamlined 20 day processing period. Once the application is approved, a letter of introduction (LOI) and a temporary resident visa (TRV) is issued to the applicant. The applicant needs to show the LOI to a border services agent when they arrive in Canada to obtain their study permit and they must enter Canada before the expiry date on their TRV. If you are looking for immigration services, contact our immigration law team at 416-446-1400 or info@devrylaw.ca. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationOctober 24, 2019August 20, 2024
What Is an Educational Credential Assessment Report and How Do I Obtain One? An Educational Credential Assessment, or an ECA report, is required by Immigration, Refugees and Citizenship Canada (IRCC) to assess one’s international academic credentials obtained from outside of Canada. The main purpose of an ECA report is to verify how much a foreign educational credential is worth by Canadian education standards. ECA reports are only valid for a maximum of five years from the date of issue. Therefore, if you have an ECA report that was issued more than five years ago, you have to obtain a new one from a designated organization. In addition, ECA reports are mandatory for applicants applying under the Canadian Express Entry program and, in limited circumstances, for international students attempting to gain admission into a Canadian college or university program. There are seven designated organizations which are currently authorized to issue ECA reports: World Education Services (WES) Comparative Education Service – University of Toronto (CES) International Credential Assessment Service of Canada (ICAS) International Qualifications Assessment Service (IQAS) International Credential Evaluation Service (ICES) Medical Council of Canada (for Doctors) Pharmacy Examining Board of Canada (for Pharmacists) It is ultimately up to the applicant to decide which organization is best suited for the purposes of their immigration application. However, it is worth noting that a degree assessed by ICES may be valued differently than the same degree evaluated by CES. By contrast, degrees in medicine and pharmacy must be assessed by the Medical Council of Canada and Pharmacy Examining Board of Canada, respectively. Perhaps more importantly, an ECA report does not prove that an applicant is accredited or licenced in a regulated profession. Instead, professional accreditation is an entirely separate process from an ECA, which is determined by regulatory authorities in each Canadian province. How do I obtain my ECA Report? ECA reports can be obtained from the seven organizations noted above for a designated fee. Processing fees vary for each organization and the number of degrees an applicant wishes to have assessed. The most commonly used organization by immigration applicants is the WES. This is because their instructions are easy to follow and their assessments are usually completed faster than the other organizations mentioned above. Applicants are required to create a profile on the website of the organization from which they decide to get their report. While creating the profile, applicants provide background information about their academic credentials from their country of education. Once this is complete and processing fees are paid, applicants receive a list of documents required by the assessing organization to start the evaluation process. These documents cannot be submitted online and therefore must be mailed directly by the academic institution to the assessing organization. Remember that obtaining an ECA report is only one aspect of your immigration application which must be handled with great care and diligence. Failure to submit the correct report for your academic credentials, or not submitting it when required by IRCC can result in the refusal of your immigration application. If you are not sure about whether you need an ECA report, or if you are ready to begin your Canadian immigration journey, contact our office to assist you through the process. Please forward your inquires to immigration lawyer Maya Kirshnaratne of Devry Smith Frank LLP, directly at 416-446-5841 or maya.krishnaratne@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationJune 18, 2019September 30, 2020
I’ve Been Accepted to a Canadian University and Have a Study Permit; Can I Work While Studying in Canada? Foreign nationals need authorization from the Canadian government to work. For international students, work experience can help a great deal in being exposed to the Canadian job market, earning extra income and providing the advantage of being able to adapt to workplace language and culture. Generally, foreign nationals with a study permit (i.e. international students) can work without a work permit in Canada if they are studying full-time at a Designated Learning Institution (DLI) and their study permit includes an endorsement authorizing work. Immigration officers will typically grant this authorization as a matter of course, but if a study permit does not include it, a revision may be necessary. Most major universities and colleges in Canada will be considered DLIs, but a full list can be found here. The authorization to work on a study permit typically allows one to work on campus for an unlimited number of hours or off campus for up to 20 hours during regular academic sessions (and fulltime off campus during regularly scheduled breaks between sessions). On campus work is not limited to jobs involving the school as the employer; it includes any jobs physically on campus,(such as a job as a barista at a Starbucks on campus grounds). Sometimes programs of study include a work component such a co-op semester, unpaid internship for a period of time, or even a clinic where one spends a few hours getting practical experience in a particular field of study. In most cases, these activities will be considered “work.” While the endorsement on a study permit may sometimes be sufficient to allow you to engage in these placements (i.e. provided you meet the conditions set out above for on campus and off campus work), very often it will not be enough. If your co-op placement is for an extended period of time and requires you to work more than 20 hours a week, or if you are a part time student with a co-op on campus, or a combination of your personal employment and school placement total more than 20 hours a week, you will need a special work permit called a co-op work permit. A co-op work permit can be obtained at no additional cost to a study permit and it may be useful even to students who expect to stay within the conditions of the study permit authorization to work as it provides maximum flexibility. certain schools may even require it for all instances of program-based work. It is important to check the school’s requirements so that one can apply for the appropriate authorization. Co-op work permits are available to those who are enrolled in a program at a DLI that requires work as an essential component of the program as long as the work doesn’t comprise more than 50% of the overall program. A letter from the school confirming these details will be needed in order to get a co-op work permit. A co-op work permit can be issued at the time a study permit is issued or afterward. This article should not be construed as legal advice, and each case ought to be reviewed on a case by case basis. If you would like assistance with applying for a study permit and a work permit, please contact experienced immigration lawyer, Maya Krishnaratne of Devry Smith Frank LLP at 416-446-5841 or maya.krishnaratne@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationMay 22, 2019August 20, 2024
I Have Relocated to Canada – Can My Parents and Grandparents Come With Me? Emigrating to another country can sometimes be a very lengthy and daunting process. Often families are forced to temporarily leave their loved ones behind and set up home in a new environment with hopes to reunite with their family in the near future. Consequently, family reunification is perceived to be a benefit to Canada and often a vehicle whereby older members of the family, parents and grandparents, allow their adult children the benefit of being able to participate in the labour market and ensure the continuation of culture to their grandchildren. Deviations from this regime can often disrupt the family dynamic and at Devry Smith Frank LLP, we understand the need for support and the value of fostering diversity. The Family Class Sponsorship initiative incorporates the Parent and Grandparent Sponsorship Program and it is through this method that, one who is considered to be a permanent resident or citizen of Canada is afforded the opportunity to sponsor their parent(s) and/or grandparent(s) to eventually be in receipt of permanent residency in Canada. – Reuniting the family unit permanently. Upon realization of your interest in becoming a sponsor and before commencing the process, one must first express interest to the government and then get invited to apply. Once invited to apply, it is imperative to assess one’s eligibility. To be eligible, you must meet the basic following criteria: You are 18 years of age or older, living in Canada and are a: – Canadian citizen or – Person registered in Canada as an Indian under the Canadian Indian Act or – Permanent resident of Canada Additionally for the purpose of eligibility, there is a financial component requiring a minimum level of income in order to qualify as a sponsor. – The notion is that you will be able to support that person and their dependents financially, for the period of time stipulated in your sponsorship agreement. While this list is not exhaustive, sponsorship applications can get complicated and often require guidance from immigration and family lawyers who have wide- ranging experience in litigating affairs in both immigration and family law. If you are considering sponsoring parents or grandparents, talk to one of our lawyers today in our Toronto office location. Farzana Jiwani and Maya Krishnaratne are both knowledgeable, results driven lawyers – Providing the client with the ability to make well-versed decisions. For more information on how we can assist, please contact our office online or directly on (416) 449-1400 and schedule a consultation today. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, ImmigrationNovember 10, 2018August 20, 2024
