The temporary public policy was introduced in August 2020 to help visitors who were unable to leave the country due to COVID-19 travel restrictions apply for a work permit from within Canada. In addition, foreign nationals who held a work permit in the previous twelve (12) months but who changed their status in Canada to “visitor” could apply to work legally in the country while waiting for a decision on their new work permit application. 

The temporary public policy was initially set to expire on 28 February 2025. However, IRCC stated that they were ending the policy as part of their “overall efforts to recalibrate the number of temporary residents in Canada and preserve the integrity of the immigration system.” IRCC also noted that they were aware of some bad actors who were using the policy to mislead foreign nationals into working in Canada without authorization. This rollback is related to IRCC’s ongoing efforts to tackle immigration fraud and reduce temporary resident levels.   

IRCC will continue to process applications submitted before 28 August 2024 under the policy. 

 If you would like to discuss your options, please contact our office to book a consultation. 

The post Visitors in Canada No Longer Allowed to Apply for Work Permits from Within the Country first appeared on Bellissimo Law Group.

They have registered a subsidiary of the USA company in Toronto, but did not have yet any employees. The newly appointed regional manager wanted to start his work of establishing and building the company in Toronto as soon as possible. After doing some research on the case and getting to know more about the scope of the business, we decided that the best way to proceed was with a work permit application under the “significant benefit” for Canadian economy and an intra-company transfer of the manager. We asked for a detailed business plan, to support the application, with emphasis on the benefits the Canadian economy would have by developing the business as planned. It showed that the company will be able to create a few jobs for Canadians and/or permanent residents, which is significant for the economy.

We also asked for expedited processing of the application and we are very happy to say that the application for the work permit was approved in record time and the foreign worker is already in Canada, starting to work on the new position.

For more information on Success Stories, please click here.

To book your consultation, please click here.

The post This Week’s Success Story: Work Permit – Significant Benefit – Intra-Company Transfer first appeared on Bellissimo Law Group.

To be eligible for an open work permit under the pilot, you must be living in Canada and be sponsored under the spouse or common-law partner in Canada class by your spouse or partner. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor.

Extension of this pilot project is a recognition that families’ integration outcomes are improved when applicants are able to work, provide for their families and contribute to the Canadian economy while waiting for their applications for permanent residence to be processed.

If you are submitting a new application, you may submit an application for work permit together with the sponsorship application, along with an application for permanent residence.

If you have already submitted an application for permanent residence but have not yet applied for an open work permit, you can submit application for work permit separately, along with appropriate fees.

If you were provided with a work permit under the initial pilot, you must apply for a work permit extension before your status in Canada lapses.

The post Work Permit Pilot Extended for in-Canada Family Class Spouses and Common-Law Partners first appeared on Bellissimo Law Group.

Key Citizenship Act Changes

The reduction of the physical residency requirement from four out of six years reduced to three out of five years in October 2017 enabled newcomers to have earlier access to the wide range of benefits Canadian citizenship bestows on new citizens. At the same time though the changes likely created a new backlog in itself, making a number of applicants immediately eligible for citizenship, thereby taxing the system. The changes also allowed permanent residents who spent time in Canada as a foreign worker, international student, or protected person before transitioning to permanent residence to count each day spent in Canada on temporary status as half a day of residency, up to a maximum of 365 days. The government also removed the requirement that applicants had to be physically present in Canada for 183 days or more in four out of the six years preceding their application. Original citizenship fees were $100, then increased to $300 in 2015 and now the total fee for an adult to be granted citizenship is $630, which consists of $530 for the processing fee and $100 for the right of citizenship fee.

What do the numbers Say – How Many People Are Applying for Canadian Citizenship?

– The changes resulted in application surges – it was reported by CBC News that applications jumped from a weekly average of 3,653 to 17,500.

– More than 105,000 new Canadians were administered the oath at an estimated 1,400 citizenship ceremonies in 2017, according to IRCC.

– In May 2018, Canada’s federal government increased the number of citizenship judges it employs from five to fourteen, just months after it relaxed the requirements for obtaining Canadian citizenship. Prior to this, Canada only had 5 citizenship judges.

– Official processing times are listed at twelve months which would be a significant reduction from the three to four years we were seeing before but we have not received final decisions on applications filed after the law changed in the fall last year so cannot confirm yet if that twelve months will be a reality.

Impact of International Students?

It has been reported after the introduction to the Bill C-6 amendments more than half of new applicants for Canadian citizens were former international students. Immigrants contribute greatly to Canada, strengthening and enriching our country first economically with international student tuitions and then in filling employment shortages (i.e.: transport and construction industries) that strengthen the country’s future. They also offer unique perspectives that add to Canada’s diverse culture. Beyond this it is important to clarify that students often transition to employment and then permanent residents of Canada. The permanent residents are applying for citizenship and not students directly. Many other applicants flow from obtaining their status through family class categories as well as economic streams.

What About Family Class Processing – How Long is it Taking?

According to IRCC, in February 2018, the average wait time was amended to one year in about 80 per cent of cases, down from the previous two-year wait. This is a wonderful development, but with any change comes complications, i.e.: it is possible that the remaining 20% could be waiting well beyond the previous 2-year period? It is important to note that the referenced 80% appear to be those with straightforward cases with no admissibility issues or complications, i.e.: criminal, eligibility for sponsors, etc. In general, overseas and in-Canada spousal sponsorships are processed within 12 months as undertaken. Parents/Grandparents are generally still requiring two years. We don’t see many refusals of super visas.

The processing of children is also requiring twelve months I would hope this could be improved as children are most prone to suffer from separation. Our clients have also commented that from their own experiences, being issued an open work permit has been life changing, allowing them the opportunity to work and contribute to their family income, thereby also eliminating potential marriage breakdowns when one spouse is shouldering a financial burden. IRCC informs that the work permit pilot, for now, will remain in effect until 31 January 2019.

So overall processing times seem to be improving which is wonderful for future Canadians and their families. It will be interesting to revisit the processing times once we reach the one-year mark on many of these citizenship applications.

To learn more about how to obtain Canadian citizenship, please click here.

The post It Is Citizenship Week: How Long is it Taking to Obtain Canadian Citizenship? first appeared on Bellissimo Law Group.

To read more success stories please click here!

The post This Week’s Success Story: Assisting a Returning Client for Over 10 Years – Positive LMIA, PGWP and Study Permit first appeared on Bellissimo Law Group.

The decision to shut these streams down was made due to the low retention rate of entrepreneurs.  A major area of concern involved providing permanent residency to approved applicants before they ever entered P.E.I. As a result, many of these entrepreneurs settled in other areas of Canada, contrary to the intention they expressed to operate a business in P.E.I., which formed the basis of the decision to grant them permanent residence. Although unethical, this is not illegal, as Section 6 of the Canadian Charter of Rights and Freedoms allows for freedom of movement. The P.E.I. government had anticipated this and imposed a $200,000 deposit, refundable upon the fulfillment of the entrepreneurs’ stated intention to operate a business in P.E.I. However, they overestimated the value of this money; last year, 177 applicants did not receive their deposits back, raising a total of $18 million for the province.

The sudden closure of the streams without any warning may seem unfair, however, this is the most practical route from an administrative standpoint. As stated in the Speaking notes for The Honourable Jason Kenney, PC, MP Minister of Citizenship, Immigration and Multiculturalism, released at a news conference held on 4 November 2011:

“As we redesign the program to make it sustainable, here’s the challenge we have: if we leave the program open for applications during that period of consultation and redesign, we know what will happen – we will get absolutely flooded with a huge increase in applications. Because people will say “if the criteria might change, we need to get our application in right away.”

Although these notes refer to a different program, the principle still stands; prior notice results in an influx of applications under criteria which are meant to be changed, defeating the purpose of the closure. Even with the removal of the two streams, all is not lost for entrepreneurs wishing to operate a business in P.E.I. There is a stream of business immigration which is still operational, under which entrepreneurs receive a work permit, if approved, to set up their business in P.E.I. Only once they meet the terms of a Performance Agreement will a provincial nomination be granted a route to permanent residency opened. One of those terms is the continuous operation of the business for one year, which may prove more effective in retaining entrepreneurs in the region than a sum of money.

The post P.E.I Shuts Down Two Streams of its Business Immigration Program first appeared on Bellissimo Law Group.

In order to accommodate the expected increase in demand in Europe, the Middle East and Africa, new Visa Application Centres (VACs) are being opened in 2018, with more planned for 2019:

• Kigali, Rwanda (September 2018);
• Stockholm, Sweden (September 2018);
• Tel Aviv, Israel (September 2018);
• Athens, Greece (November 2018);
• Berlin, Germany (November 2018);
• Lyon, France (November 2018);
• Vienna, Austria (November 2018);
• Antananarivo, Madagascar (December 2018);
• Cape Town, South Africa (December 2018).

Visa Application Centres (VACs) are not operated by the Government of Canada. They are operated by private owned companies which the government contracts with to provide administrative services in various countries around the world. This is more efficient as the government does not have expertise in operating in different jurisdictions.

Applicants who need to provide biometrics between now and the time that the VACs listed above become operational can go to certain Canadian embassies in Europe. Applicants from Sweden and neighbouring countries will be able to provide biometrics at the Embassy of Canada to Sweden in Stockholm from 31 July to September 2018. The Canadian embassies in Athens, Greece; Berlin, Germany; and Vienna, Austria will serve applicants from Greece, Germany, Austria and neighbouring countries. Finally, applicants from France and neighbouring countries will be able provide biometrics at a commercially leased space in Lyon, France from 31 July to November 2018. It is crucial to note that these locations will only collect biometrics; applications will not be accepted.

For more information, please click here.

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The Government of Canada has expanded the collection of biometrics because it is recognized as an excellent tool to confirm an individual’s identity. Thus, it will allow Canada to more effectively manage the individuals coming inside its borders and help to deter, detect and stop the entry of those who pose a risk to the health, safety and security of Canadians.

In order to achieve a balance between convenience for travellers and the need for information, biometrics will only need to be given once every 10 years. They will be valid for 10 years from the date they were given. If an individual has already given biometrics for a previous application within the past 10 years, they do not need to give them again. However, note that this 10-year validity period only applies to applicants for a visitor visa, study permit, or work permit. All other applications will require the submission of biometrics each time.

There are some limited exemptions for applicants who will not require biometrics:

• US Nationals applying for a work or study permit
• Canadian citizens, citizenship applicants (including passport applicants), or existing permanent residents
• Visa-exempt nationals coming to Canada as tourists who hold a valid Electronic Travel Authorization (eTA)
• Children under the age of 14
• Applicants over the age of 79 (there is no upper age exemption for asylum claimants)
• Heads of state and heads of government
• Cabinet ministers and accredited diplomats of other countries and the United Nations, coming to Canada on official business
• US visa holders transiting through Canada
• Refugee claimants or protected persons who have already provided biometrics and are applying for a study or work permit
• Temporary resident applicants who have already provided biometrics in support of a permanent resident application that is still in process
• Temporary exemption: Applying in Canada – If you are applying for a visa, study or work permit, or permanent residence in Canada – you are exempt until the in-Canada service is established

The costs for biometrics are as follow:

• Individual applicants: CAD $85
• Families applying together at the same time: maximum total fee of CAD $170
• Groups of 3 or more performing artists and their staff who apply for work permits at the same time: maximum total fee of CAD $255

For more information, please click here.

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The post This Week’s Success Story: Work Permit Extension Approved! first appeared on Bellissimo Law Group.

Additionally, the AINP will implement a list of ineligible occupations.

Beginning 2018, in accordance with the new residency status and work permit requirements criteria, an applicant must have valid temporary resident status in Canada that authorizes that individual to work in Canada (i.e. temporary foreign worker) and have a valid work permit (not implied status or restoration status) for an eligible occupation based on either a positive Labour Market Impact Assessment (LMIA), or a LMIA exemption for workers covered under international trade agreements, workers transferred within a company, or people taking part in International Experience Canada.

Further, AINP will implement language tests as mandatory with a certain CBL level as well as a required education level of high school diploma proven by an ECA report. The applicants who earned a Canadian degree, diploma or certificate from a recognized Canadian post-secondary, technical college or secondary institution, or possess work experience that qualifies them for the AINP in a compulsory or optional trade and have a valid Alberta Qualification Certificate or trade certificate that is recognized by Alberta Apprenticeship and Industry Training will not be required to provide an ECA report.

Furthermore, in accordance with the qualifying work experience criteria, when submitting an application, the candidate should have been working full time in the same current occupation for a minimum of 12 months within the last 18 months; or should have gathered a minimum of 24 months of full-time work experience in their current occupation in Canada and/or abroad within the last 30 months. The latter can be a combination of experience gained in Alberta, in Canada (outside Alberta) and/or abroad.

The AINP will also implement income level requirements where an applicant will have to meet a minimum gross annual income level based on their family unit.

The AINP will impose a quota for the number of applications each year, and sub-quotas set based on sector or occupation.

The post Changes to the Alberta Provincial Nominee Program first appeared on Bellissimo Law Group.