1. The foreign national (principal applicant or their dependent family member) must have a temporary or permanent resident application that was received on or after April 16, 2018 or was pending as of that date, was sent back by the Court for redetermination on or after April 16, 2018, or was sent back by the Immigration Appeal Division for reconsideration on or after April 16, 2018; and
2. The costs of the health and social services (listed in Section 1, Annex B) that would be required to treat the foreign national’s health condition are less than three times the average Canadian per capita health and social services costs over a period of five consecutive years immediately following the most recent medical examination required under paragraph 16(2)(b) of the Immigration and Refugee Protection Act, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years.

Applicants who are required to undergo an immigration medical examination (IME) pursuant to subsection 16(2)(b) of the Immigration and Refugee Protection Act and who are not exempt under subsection 30(1) of the Regulations will continue to be so required.

Pending application: For the purposes of this public policy, an application is considered to be pending up until it is either approved, refused, withdrawn or abandoned.

Section 38 (1) A foreign national is inadmissible on health grounds if their health condition(c) might reasonably be expected to cause excessive demand on health or social services.

Section 2 of the Immigration and Refugee Protection Regulations defines what excessive demand, medical and social services are:

excessive demand means (a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required under paragraph 16(2)(b) of the Act, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or (b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents.

The anticipated costs are measured against a threshold that provides for an average cost for Canadian and its residents. Interestingly, Immigration, Refugees and Citizenship Canada reduced the yearly threshold from $6,655 a year to $6,604, although tripled it to average$19,812 a year.

health services means any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care.

Some of the defined health services have been amended slightly to exclude chiropractors and physiotherapists.

social services means any social services, such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services, (a) that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and (b) for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies.

Further, the defined social services to be considered no longer appears to include special education, although it remains to be known if therapy services (i.e.: speech therapy, occupational therapy, etc.) will continue to fall under the “other care provider” services now listed.

The other interesting aspect is the relationship between the Centralized Medical Accessibility Unit (CMAU) and the Humanitarian Migration and Integrity Division at the IRCC Niagara Falls office (HMID-NF).  The policy reads in part:

If, after weighing provisions of the public policy, the officer determines that the applicant (principal applicant or family member) is still reasonably expected to cause excessive demand, the officer should do both of the following:

• complete all application processing steps, including any outstanding admissibility or eligibility assessments, other than the assessment of medical admissibility and final decision
• transfer the application to the Humanitarian Migration and Integrity Division at the IRCC Niagara Falls office (HMID-NF) for continued processing and a final decision

This is a significant step for Immigration, Refugees and Citizenship Canada as these changes will help reducing social handicapping, discrimination and unlawful medical inadmissibility findings, although it also makes preparing in advance of medical examinations all the more important. The evolution of this policy to likely regulatory amendment and its application to different stages of immigration processing and litigation will be critical to its ultimate impact.

The post New Program Delivery Instructions Regarding Medical Inadmissibility – June 1st first appeared on Bellissimo Law Group.

The program assists successful nominees to gain permanent residence status in Canada.  Each year, the total number of nominations permitted by Ontario PNP is capped by Immigration, Refugees and Citizenship Canada (“IRCC”). Opportunities Ontario has now announced its quota for the 2018, a total of 6,600. This is an increase of 600 nominations from the 2017 year.

Currently, the eligible categories under the Ontario PNP which are open are:

• Employer Job Offer: Foreign Worker Stream
• Employer Job Offer: International Student Stream
• Employer Job Offer: In-Demand Skills Stream
• Ontario’s Express Entry Human Capital Priorities Stream
• Ontario’s Express Entry French-Speaking Skilled Worker Stream
• Ontario’s Express Entry Skilled Trades Stream
• Corporate Stream
• Entrepreneur Stream

Important to note is that the popular Masters Graduate and PhD Graduate Streams has not yet re-opened. Any updates regarding this program will be announced on OINP’s updates page.

Express Entry – Human Capital Priorities Notification of Interest

The OINP has also commenced issuing Notification of Interests (NOIs) under their Human Capital Priorities stream. Interestingly, differing from the selection methodology from last year, they are now posting the number of NOIs issued along with the score range selected.

The first draw for the 2018 year was posted this week on OINP’s website and consisted of:

NOIs issued: 340
CRS score range: 440 to 446

The OINP will throughout the year announce when it has reached its limits through the OINP updates page.

(Sources)

The post OINP re-opens for 2018 year! first appeared on Bellissimo Law Group.

Immigration, Refugees and Citizenship Canada continues to focus on family reunification as being a key immigration commitment of the Government of Canada. A higher age limit will have more positive social and cultural impacts by keeping families together.

For more information on Permanent Migration, please click here.

The post Upcoming Changes to Age of Dependent Child first appeared on Bellissimo Law Group.

This growing interest in immigration by smaller and rural communities across Canada stems from a number of factors, not the least of which is the steadily declining populations in these areas and repeated confirmation by Statistics Canada that immigration has been, and will continue to be the driving factor for Canada’s overall population growth. Current Stat Can projections suggest that by about 2031, immigration will account for more than 80% of Canada’s population growth.[1] This becomes even more acute in low-density areas, where youth out-migration and an aging workforce outpaces the number of new arrivals.

While communities across Ontario are now beginning to recognize the importance of immigration  and develop municipal strategies to attract newcomers to their communities, northern Ontario has been on the leading edge of this for the better part of the last decade, having long recognized the business case for immigration. In sustained conversation with their business leaders, employers, and community agencies, the region continues to focus on tapping into the wealth of skilled immigrants interested in, or recently arrived in Canada, developing tools and programs for immigrants to more easily connect to the opportunities available. This investment in the attraction of immigrants has paid off, with an increasing number of newcomers choosing to relocate to northern Ontario, taking advantage of the business opportunities and quality of life that exists a short 2.5 hour drive north of Toronto. The region is now also hoping to work towards the development of new immigration streams to further encourage direct immigration to northern Ontario[2].

Having worked in northeastern Ontario – North Bay, specifically – for a number of years, I have had the opportunity to be closely involved in the development of the area’s immigration initiatives and continue to support the development of accessible immigration strategies for the north, including ensuring access to immigration representation on a wide range of immigration matters. Immigration, Refugees and Citizenship Canada (IRCC) also recognizes and accommodates applicants who live outside of the major centres, providing access to itinerant services, such as requests to complete the required immigration medical exams by non-Panel physicians when Panel Physicians are not available within 250 kilometres from an applicant’s place of residence in Canada.

For more information on Permanent or Temporary Migration, please click here and here.

(Sources)

The post Small Towns Target Immigrants first appeared on Bellissimo Law Group.

Years later he tried to enter Canada to visit his relatives, and only at that time he learned from CBSA officials that there was a pending immigration warrant for him and an unexecuted deportation order remained outstanding against him.

We worked diligently to complete and submit his application for Authorization to Return to Canada (ARC), in order to facilitate his travels to visit relatives in Canada. Despite some difficulties in obtaining documents confirming his departure, our submissions were accepted. His application was approved within six months.

The post This Week’s Success Story: Client Granted Authorization to Return to Canada to Visit Relatives first appeared on Bellissimo Law Group.

The new stream will let eligible employers use a new streamlined labour-market impact assessment program that will guide them through the application process in 10 business days, and process worker’s work permit applications, also in 10 days.

A spokesperson for Immigration, Refugees and Citizenship Canada indicated that details are still being finalized, but that high-wage foreign nationals are typically permitted two years to work in Canada and extensions are available with no maximum duration.

For more information on LMIA/Work Permits, please click here.

(Sources)

The post “Global Talent” Pilot Stream first appeared on Bellissimo Law Group.

To learn more about the benefits of hiring a lawyer,  please click here.

The post Federal Court of Appeal Finds an Incomplete Application is Not an Application! first appeared on Bellissimo Law Group.

The Process:

In order for an employer to participate in this pilot project, they will first need to receive designation from one of the Atlantic Provinces. Once they have received designation, they can then source skilled immigrants in order to make job offers.

Once a skilled immigrant has been identified and a job offer made, the employer will then connect them with a designated settlement service provider organization for a needs assessment and to develop a settlement plan. Employers will also support the long-term integration of their skilled immigrants.

Work Permits to be issued prior to permanent residence approval:

Employers under these programs will not be required to obtain a Labour Market Impact Assessment for jobs they offer to skilled workers under these new pilot programs. Skilled immigrants under this program will qualify for a temporary work permit with a valid job offer, a letter from the province and a commitment to apply for permanent residence within 90 days of the temporary work permit application.

For more information on Permanent Migration, please click here.

(Sources)

The post Three New Reasons to Consider Atlantic Immigration first appeared on Bellissimo Law Group.

Ahmed Hussen’s journey took him from Mogadishu to Toronto and then on to Ottawa’s Parliament Hill, where the former Somali refugee was recently named as the new Minister of Immigration, Refugees and Citizenship Canada in a reshuffle of Prime Minister Justin Trudeau’s Cabinet.

Ahmed Hussen is the Member of Parliament for the riding of York South-Weston, and a Member of the Standing Committee on Justice and Human Rights. Born and raised in Somalia, Ahmed immigrated to Canada in 1993 as a 16-year old, where he settled in Regent Park and quickly gravitated towards public service.

Ahmed currently serves as the National President of the Canadian Somali Congress.  In 2004, the Toronto Star recognized him as one of ten individuals in Toronto to have made substantial contributions to our community.

(Sources)

The post Canada’s Minister of Immigration, Refugees and Citizenship, Ahmed Hussen first appeared on Bellissimo Law Group.

Before the Canadian Citizenship Act came into effect 70 years ago, all Canadians were legally considered as British subjects. The first to become a Canadian citizen under the Act was then-Prime Minister William Lyon Mackenzie King. His words at Canada’s very first citizenship ceremony were repeated on the occasion last week at the Supreme Court of Canada: “without citizenship, much else is meaningless.” 70 years later, and those words still ring true.

To learn more about Canadian Citizenship, please click here.

(Sources)

The post Canada Celebrates 70th Anniversary of Canadian Citizenship first appeared on Bellissimo Law Group.