Next Steps for Canadian Express Entry? In our last blog on February 13, 2021, Express Entry draw (click here), we reported on the unprecedentedly large number of Canadian Experience Class candidates that were invited to apply for permanent residence. Canada’s Express Entry system is a two-step process whereby economically desirable foreign nationals must qualify for an Express Entry category and then rank competitively among others in those categories in order to be selected from biweekly draws and receive an invitation to apply for permanent residence. There are three categories – Canadian Experience Class, Foreign Skilled Worker, and Foreign Skilled Trades. The first step in the Express Entry process involves meeting minimum requirements for one of the categories and creating an Express Entry profile. The second step is that, in that pool of minimum qualifying candidates across all three categories, candidates are ranked among one another in a system called the Comprehensive Ranking System (CRS). Every couple of weeks, the government draws the most competitive (i.e. highest scoring) candidates and sends them invitations to apply for permanent residence. The application process thereafter can take 6 months to a year or more depending on circumstances. The Federal Skilled Worker and Federal Skilled Trades categories have all but stalled during the COVID-19 pandemic, due largely to the travel restrictions that have been in place consistently since March 2020 and the fact that candidates in those categories tend not to be residing in Canada but rather are in their home countries. The Canadian Experience Class on the other hand requires at a minimum that the candidate has at least one year of full-time Canadian skilled work experience. Often, candidates in this category are already in Canada (though not always). The CEC category has continued to invite candidates in biweekly draws throughout the last year, often resulting in lower than usual competitive CRS scores, given the dwindling pool of available candidates currently in Canada/with Canadian work experience. Prior to the February 13, 2021 draw, CEC candidates with less than 400 CRS points may have felt no need to submit a profile given that for years until now, the competitive CRS score for the CEC category had not dropped anywhere below that. On February 13, 2021, those with 75 points or more were invited, resulting in an unprecedented number of invitations in the CEC category. However, even with that astounding figure, some prospective candidates that would have scored 75 or more but did not have active profiles because of their perceived lack of competitiveness may be now disappointed. While there is no predicting the next move of the Canadian government, lawyers across Canada are now recommending that anyone who meets the minimum requirements of any of the three Express Entry categories create a profile. There is a good chance that CEC draws will continue to include CRS scores that are considered low compared to historical draws. There is some thought among the immigration legal community that this might spill over to the Federal Skilled Worker and Federal Skilled Trades category as well, though there are no guarantees. If you are considering creating an Express Entry profile and are not sure of your eligibility, please feel free to contact us today to discuss your case. For more information contact immigration lawyer Maya Krishnaratne at 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, ImmigrationFebruary 24, 2021July 5, 2023
Canadian Post-Graduate Work Permit Extension International students in Canada often rely on the coveted post-graduate work permit (PGWP) to secure jobs after graduation, which experience often goes on to earn them essential points in Canada’s Express Entry route to permanent residence. As covered in one of our previous blogs, this valuable Canadian work experience can often make or break an international student’s chances of success in achieving permanent residency. Since the onset of the COVID-19 pandemic, holders of PGWPs have found themselves either unable to find jobs or have been let go from jobs in Canada, and many have watched their time-limited permits run out while missing the opportunity to make use of them. Canada’s Minister of Immigration, Refugees, and Citizenship just announced a temporary policy that will allow students in this position to apply for a new permit valid for another 18 months. While the job market continues to be unpredictable, this is a positive step in the right direction and provides international students already in Canada who have struggled to gather Canadian experience an extended opportunity to do so. International students who contribute more than $21 billion annually to the Canadian economy often rely on their education as a stepping stone to permanent residence to the Canadian economy. For more information contact immigration lawyer Maya Krishnaratne at 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, COVID-19, ImmigrationJanuary 8, 2021January 8, 2021
New Extensions To Canada’s Working Holiday Permits DSF’s immigration law group is hopeful about a 2021 that will see increased immigration to Canada by skilled young workers to complement our labour force and fill necessary labour shortages. Canadian immigration strategies regarding the Express Entry process for permanent residence announced this fall aim to do just that. See our interview with Canada’s Minister of Immigration, Refugees, and Citizenship for more details about that. And even further measures were recently announced with respect to temporary work permits. On December 11, 2020, Canada’s immigration minister and Italy’s Minister of Foreign Affairs signed a new bilateral youth mobility agreement between Canada and Italy. This will see an expansion to existing work-and-travel opportunities between Canadians and Italians between the ages of 18 and 35. Click here – http://bit.ly/3mI78PN The International Experience Canada program allows citizens aged 18-35 of a number of countries to work in Canada under agreements that allow reciprocal opportunities for Canadians. Available work permit categories and lengths of time allowed per category in Canada depend on where the person is from. A full list can be seen here – http://bit.ly/38zrZzM Since 2006, Canada has had such agreements with Italy. The current agreement with Italy has allowed Italians to come to Canada for up to 6 months on Working Holiday work permits and to extend their stay for up to 6 months further as a visitor. The Working Holiday permit is an open work permit that allows the temporary foreign worker to work in Canada for any employer. Under the new bilateral agreement, expected to be ratified in 2021, the options available to Italians have increased to allow up to 12 month long initial permits with the possibility of extending for a further 12. This can provide crucial Canadian work experience to Italians considering applying for permanent residence down the road as such experience can provide points in Canada’s Express Entry process for permanent residence. The agreement also allows Italians to participate in the Young Professionals category, a closed work permit category that provides for employer specific work permits in professional jobs. This participation can prove further useful for those seeking eventual permanent residence as employer specific job offers may provide even further points in Canada’s Express Entry process for permanent residence. While the COVID-19 pandemic has created some roadblocks this year for IEC participants to come to Canada to commence work, the new bilateral agreement hints at a more hopeful and expansive 2021 for Italians seeking work and travel options to Canada. For more information contact immigration lawyer Maya Krishnaratne at 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, COVID-19, ImmigrationDecember 23, 2020December 23, 2020
Immediate Family Members of Canadians – Entering Canada Since the onset of the pandemic, the rules about who can enter Canada have been confusing and hard to keep up with at times. A particularly hard hit group has been “immediate family members” of Canadians. The temporary travel ban enacted under the Quarantine Act has consistently defined “immediate family members” as the spouse or common-law spouse of a Canadian; a dependent child of a Canadian; the parent or step-parent of a Canadian or their spouse or common-law partner; or the guardian or tutor of a Canadian. However, it has not always been clear who can enter and when, nor have the changes thus far to the rules been sufficient for all family members or loved ones of Canadians. Initially, the COVID-19 travel ban did not apply to “immediate family members” of Canadians so long as the purpose for their entry was not discretionary or optional. In the first few months of the pandemic, this meant airline personnel and border services officers were assessing whether a person’s stated purpose was discretionary. One person coming to visit their Canadian spouse for a few weeks may have been turned away while another in the exact same circumstances may have been let through depending on which officer they got. In June 2020, the travel restrictions were revised so that immediate family members of Canadians could enter regardless of their purpose so long as they could show they were coming for a period of at least 15 days to be with their Canadian family members. Inherently, this seemed to accept that anyone coming in for a period for at least fifteen days was not coming in for an “optional” or “discretionary purpose” and took some of the pressure off of travellers who no longer needed to convince an officer their travel was essential. Those seeking to come for less than 15 days have continued to be exempt from the travel ban but remain subject to the “non-discretionary”/”non-optional” rule. The June changes regarding immediate family members have remained in place up to now. Last week, the federal government announced that further expansion to the exception would be released on October 8, 2020. The proposed changes will allow grandparents, siblings, and adult children of Canadians (not currently exempt) to enter in certain circumstances. Other foreign nationals seeking entry for compassionate reasons such as critical illness or death are also expected to be included in the changes. Stay tuned for further updates. For more information on immigration law, please contact Maya Krishnaratne, Immigration Lawyer at Devry Smith Frank LLP, 416-446-5841, 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, COVID-19, ImmigrationOctober 6, 2020November 30, 2020
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.”
Canadian Spouse? Travel to Canada During COVID-19 Canadian Spouse? Travel to Canada During COVID-19 By now, you are probably aware that Canada like most other countries has implemented stringent travel restrictions on travellers to Canada in the midst of COVID-19. The restrictions affect everyone including citizens, visitors, workers, and their family members. The travel restrictions have come down in the form of Orders in Council (OICs), i.e. legal instruments created by the Governor General. While these provide basic rules surrounding restrictions and exemptions, they leave room for a lot of confusion as to how they apply in practice. This has been particularly so for spouses not currently living together in Canada where one spouse is a Canadian citizen or permanent resident and the other a foreign national. This has led to foreign nationals with Canadian spouses in Canada being frequently denied permission to travel to Canada. According to the OICs, the basic restriction against foreign nationals travelling to Canada doesn’t apply to spouses of Canadian citizens or permanent residents so long as the foreign national has no COVID-19 symptoms and can prove they’re not coming here for a discretionary or optional purpose. Unfortunately, the OICs don’t define optional or discretionary. This has led to many instances of spouses being denied permission to travel to Canada since the prevailing OICs came into effect at the end of March 2020. Airline personnel and officers of the Canada Border Services Agency (CBSA) have been tasked with assessing the travellers’ purpose in a short turnaround time based on whatever information the traveler provides. This has been and continues to be a distressing problem that keeps spouses apart longer than they perhaps intended. The Canadian government has been trying to provide further clarity by regularly updating its websites and practice directions, though these have at times led to further confusion. In perhaps what is one of the most useful updates so far, Immigration, Refugees and Citizenship Canada (IRCC) provided a substantial but non-exhaustive list of examples on April 29, 2020 of optional versus non-optional. That list clearly indicates the following are non-optional; coming to live permanently with a Canadian spouse, coming to spend the pandemic period with their spouse and to ensure each other’s wellbeing during this time, and to take care of ill family members who have no means to otherwise to do so. No doubt, spouses who fell into these categories were previously denied permission to travel up to now. Hopefully, this new direction from the IRCC will provide clearer parameters to airline personnel and CBSA officers making these tough assessments and will result in the reunion of spouses suffering the current hardship of being apart. If you, your spouse or any other family members have been denied permission to travel to or enter Canada, please contact our immigration lawyer Maya Krishnaratne at maya.krishnaratne@devrylaw.ca or 416-446-5841. “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, COVID-19, ImmigrationMay 1, 2020September 30, 2020
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
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
Update: “Taking the High Road” – Crossing the Canada/US Border following the Legalization of Cannabis In our previous blog post, we discussed the serious implications of cannabis affiliation at the U.S. Border. With the very recent legalization of cannabis, this topic has also made headlines. Many Canadians are concerned that they will be banned for life from the U.S. if they admit to smoking cannabis, presently, or in years past. Canadians are also worried about admitting their ties to cannabis producers or retailers, whether these ties are in the form of one’s employment or one’s investments (or maybe even both). Cannabis use is not federally legal in the U.S., which means Canadians are right to be concerned. Canadians should never take cannabis across the border, as this could result in very serious consequences. Border officers have full discretion, and they allow entry into the U.S. based on the circumstances of each traveller. Should you be in possession of cannabis at the U.S. Border – even unintentionally – or should you admit to any association with the drug, officers may choose to ban you for 5 years, or indefinitely, depending on the severity of the situation and the amount of cannabis at issue. Importantly, a determination of inadmissibility is not easy to overcome. Canadians who do find themselves banned can apply for a temporary waiver to allow entry, but the process can take up to a year, and the waiver must be renewed every so often. On October 10, 2018, the U.S. Government released a statement, clarifying that Canadians who are employed in a legal cannabis industry are generally allowed to enter the US for non-work purposes (i.e. reasons unrelated to the cannabis industry). If you are granted entry into the U.S., you must know that you cannot bring any cannabis back into Canada from the U.S., just as you cannot bring any Canadian cannabis into the states. This is a steadfast rule: it even applies when you purchased the cannabis in a state which the drug has been legalized. If you “accidentally” have cannabis in your car upon entering Canada, declare it to Border authorities. It will be seized but that is preferred to being charged for attempting to smuggle. It is important that Canadians consider and evaluate the risks in even attempting to cross the U.S. Border, as a result of their connections to the cannabis industry. Transportation within Canada can be done a lot more freely, due to the recent legalization, though there are still some restrictions (transportation of cannabis within Canada is limited to 30g). For more information about how the recent legalization of cannabis could affect your chances of crossing the U.S. Border and how Devry Smith Frank LLP’s Immigration lawyers can assist with your immigration law matter, please contact one of our immigration lawyers. “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, Cannabis Law, ImmigrationOctober 23, 2018June 16, 2020
Legal Limbo By: Samantha Hamilton, Student-at-Law There is a gap in the deportation system, and it is being filled with indefinite detention. But is this acceptable? A recent decision from the Federal Court says yes, the gap is a misapplication of an appropriate, acceptable law. Alvin Brown spent five years in immigration detention before his deportation order could successfully be carried out. Once deportation has been ordered, immigration detention can be ordered to keep the individual in custody until the date of deportation. Such detention address the evil of individuals not showing up on their deportation dates, where CBSA estimates that there are over 40,000 such individuals in Canada. In response to this, interim detention can be ordered to keep individuals in custody and ensure that they are in fact deported. However, this is not always the linear progression. The problem arises when individuals have been given a deportation order, yet do not meet the formal, legal requirements for deportation, often because they lack formal identity papers for their former countries to repatriate them. What results in this situation is a state of limbo, indefinite detention. In order to deport an individual there needs to be a receiving country, which is supposed to be the individual’s place of birth. However, some people do not have adequate formal documentation to satisfy a recipient government of their nationality or birth place. Recipient countries will not accept such individuals without confirmation of their identity. An individual may lack adequate identification for a variety of reasons, such as a lack of record of their birth, or leaving their birth country at a young age without bringing any documentation, posing an issue of accuracy of identification. Reviews of prolonged detention are to occur every 30 days, but without any movement on the identification of the nationalities of these individuals, such reviews maintain the detention status. While immigration detention is meant as a mechanism to facilitate deportation, in these situations it can become vexatious and quasi-punitive. Some individuals frustrate this process as they refuse to sign their identity paperwork, such as in the case of Michael Mvongo. But others were seemingly innocent, as they happen to be born in countries that are refusing to recognize their births, such as in the cases of Alvin Brown, Ebrahim Toure, and Kashif Ali. The UN has recommended a 90 day cap for detainees. Other countries have set this as the maximum period of immigration detention, but Canada has not. In 2016 there were multiple reports of hunger strikes by detainees holding out for such a cap, with three of them lasting over two weeks. As of yet, the potential for unlimited detention can persist in Canada. Devry Smith Frank LLP is a full service law firm that can assist you with any need. We have a very experienced group of immigration lawyers that are ready to assist you in any capacity. If you require representation, please contact our immigration lawyers today, or if you have any questions you may contact our office directly at 416-449-1400. “This article is intended to inform and entertain. 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, ImmigrationAugust 15, 2017June 19, 2020
