Temporary Foreign Worker Program Updates – End of Workforce Solutions Road Map Special Measures and Recognized Employer Pilot

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End of Workforce Solutions Road Map Special Measures

As part of the government’s continuing efforts to limit the number of temporary residents coming to Canada due to increased pressures from the housing and cost-of-living crises, as of May 1, 2024, the following changes will occur:

  • Labour Market Impact Assessments (“LMIAs”) will only be valid for six months; reduced from 12 months. This means that a work permit application will need to be filed or presented at a port of entry within six months of receiving a positive LMIA.
  • Employers previously identified in the 2022 Workforce Solutions Road Map will no longer to be able to have 30% of their total workforce come in through the low wage stream of the Temporary Foreign Worker Program (“TFWP”). All employers will only be able to have 20% of their workers come in from low wage stream LMIAs. An exception is made for employers in the construction and health care sectors.
  • In addition to regular LMIA job advertising and recruitment requirements, employers will need to recruit asylum seekers in Canada with valid open work permits before they can apply for an LMIA.

These measures are in addition to the requirement for employers to review the wages of foreign workers on LMIA-based work permits on an annual basis to ensure that they continue to reflect the prevailing wage in the region of employment. Prevailing wages are updated annually, and usually increase at the time of the update.

Recognized Employer Pilot

The Recognized Employer Pilot (“REP”) is a three-year pilot project designed to help meet the demand for certain in-demand occupations from employers with a history of compliance with the TFWP, high standards for working conditions and worker protection based on the employer’s history with the TFWP. The employer must have received three positive LMIA decisions in the last five years, or one positive LMIA decision in 2022 or 2023 and two other positive LMIA decisions as far back as 2016. REP eligibility is assessed when an LMIA is submitted. Seasonal Agricultural Worker Program (“SAWP”) LMIAs cannot be considered for the REP. Importantly, Service Canada will stop accrediting employers to the REP in September 2024, and the REP is scheduled to end in fall 2026.

The REP’s in-demand occupations list includes engineering managers, agricultural labourers, machine fitters, welders, seafood plant workers, loggers, metal fabrication labourers, psychologists, dental assistants, practical nurses, paramedics, medical laboratory technologists, veterinary technicians, physiotherapists, architects, land surveyors, chefs and cooks, butchers, food and beverage servers, carpenters, and welders. The full list can be viewed here: https://www.canada.ca/en/employment-social-development/services/foreign-workers/recognized-employer/working-conditions.html#h2.4.

Employers who are part of the REP will receive LMIAs that are valid for up to 36 months, compared to the six month validity of regular LMIAs.  Should an employer be approved for the REP, they will have access to a simplified LMIA application.

If you or your employee will be affected by any of the announced changes, or you are interested in the REP, reach out to one of our professionals today for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

March Immigration Madness – Multiple Immigration Developments

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Update to Public-Private College Partnerships for Students

The government previously announced that it would cancel the eligibility for post-graduation work permits (“PGWPs”) for students attending programs at private colleges that are subject to public-private curriculum licensing agreements. As part of the its ongoing efforts to limit the number of international students amidst increasing public opposition to more newcomers as a result of the housing and cost-of-living crises, it has now announced an update. Those who start their program at a private college that is part of a public-private curriculum arrangement after May 15, 2024, will not be eligible for a PGWP. The date has been moved forward from the previously announced date of September 1, 2024.

Temporary Resident Cap

Due to increased pressures from the housing and cost-of-living crises, the government is looking for ways to reduce the number of newcomers to Canada. In addition to students, it is now targeting the Temporary Foreign Worker Program (“TFWP”), and in particular, low-wage workers. As of May 1, 2024, the percentage of low-wage foreign workers who can make up a company’s workforce will be 20%; reduced from 30%. The healthcare and construction sectors will be exempt, and they will still be allowed to have foreign workers make up to 30% of their employees. Additionally, the validity of Labour Market Impact Assessments (“LMIAs”) will be 6 months; reduced from 12 months. Employers will also need to consider asylum seekers with valid open work permits before they can consider temporary foreign workers.

Iran – Measures for Temporary Residence

The government has announced the extension of the public policy to February 28, 2025, which exempts Iranian temporary residents (workers, students, visitors) from having to pay application and biometrics fees. Fees are also waived for Canadian citizens and permanent residents in Iran when applying for limited validity Canadian passports, citizenship certificates, and permanent resident travel documents.

Ukraine – Canada-Ukraine Authorization for Emergency Travel (“CUAET”)

March 31, 2024, will be the last day that Ukrainians and their family members can enter Canada under the CUAET public policy. This public policy allows for the issuance of open work permits, study permits, or visitor status for up to 3 years to all Ukrainian citizens and their family members. Those in Canada have until March 31, 2024 to extend their status under the CUAET for up to 3 years, and settlement services will be available to them until March 31, 2025. After March 31, 2024, they will need to qualify and apply for temporary resident status under an existing category, and/or transition to permanent residence.

New Immigration Pilots to Support Rural and Francophone Communities

In fall 2024, the government is set to implement the Rural Community Immigration Pilot to bolster local businesses in rural communities and address labour shortages. It will provide a path to permanent residence. Details are yet to be finalized, but it is likely to be based on the Rural and Northern Immigration Pilot. Eventually, the government wishes to establish the Rural and Northern Immigration Pilot as a permanent program.

Also in fall 2024, the Francophone Immigration Policy is set to be implemented. The government intends to increase the number of French-speaking newcomers to Francophone minority communities outside of Québec, and to restore the demographic weight of Francophones in Canada. The Francophone Immigration Policy will also provide a path to permanent residence and is yet to be finalized but will likely be based on the Rural and Northern Immigration Pilot.

Alberta Provincial Nominee Program – Tourism and Hospitality Stream

Alberta’s tourism industry is booming and the province is implementing a new stream to provide a path to permanent residence for workers in its tourism and hospitality industry, including many occupations that are considered “low-skilled” and were not previously eligible for permanent residence. Applicants will need a valid job offer from an employer in the industry with whom they have worked for at least 6 months. Eligible occupations within the tourism and hospitality sector include recreation, sport, and fitness instructions; restaurant managers; food service supervisors; chefs; cooks; food counter attendants and kitchen helpers; bartenders; food and beverage servers; maîtres d’hôtel and hosts/hostesses; accommodation service managers; hotel clerks; tour and travel guides; support occupations in accommodation, travel, and facilities set-up; light duty cleaners; specialized cleaners; janitors, caretakers, and heavy-duty cleaners; dry cleaning and laundry occupations; and outdoor sports and recreation guides.

If you or your employee are interested in one of the new programs, or will be affected by any of the announced changes, reach out to one of our professionals today for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

The Pandemic Is Officially Over, or Is It?

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Today, the Minister of Immigration Refugee Protection Canada (IRCC) announced that the federal government will aim to shrink the number of temporary residents in Canada over the next three years.  Temporary residents make up 6.2 percent of Canada’s population in 2023 and the government will seek to reduce that share to 5 percent by 2027.  IRCC has already announced changes to the foreign student program and now they are targeting the temporary workers.

Starting this fall, the Minister will for the first time include temporary residents in its annual immigration levels plan.  The premise is that the labour market has tightened since the pandemic ended and the Minister announced that Canadians and Permanent Residents are eager to return to work.  There was no mention of an aging work force or persons retiring earlier than in the past.  There was also no mention of temporary workers that do not relocate to Canada but cross the border to work on a regular basis, and whether these workers will be included in this reduction.  Further, it is unclear how future global events and humanitarian situations will factor into the levels plan for foreign workers.  In recent years special programs have been offered to facilitate persons fleeing these global situations to come to Canada.  Today’s announcement did not explain whether the new target will take into consideration existing and future humanitarian programs.

Other announcements included those that are targeting the Temporary Foreign Worker Program (“TFWP”) as of May 1, 2024:

  • Reduction of the percentage of foreign workers making up a company’s workforce from 30% to 20%, but health care and construction sectors will be exempted.
  • The LMIA will only be valid for 6 months, not the current 12 months.
  • Employers will have to consider asylum seekers with valid work permits for open positions before they can consider temporary foreign workers.

One must wonder if this announcement was necessary, and isn’t just political to address the growing public anti-immigration sentiments across Canada.  The significant reduction in foreign students announced earlier may be sufficient to meet this reduction in temporary residents. The Minister claims businesses have become addicted to temporary foreign workers and this arrangement seems to target them.  Unfortunately, the announcement did not include any relief for many Post Graduate Work Permit holders that have spent significant resources on a Canadian education and gained Canadian work experience and are running out of time to transition to permanent residence status.

The pandemic may be over, but the hangover from the pandemic persists and at CILF we witness every day real challenges companies are facing in hiring and maintaining skilled workers in many sectors, not just health and construction.

If you have any questions regarding these announcements, reach out to one of our professionals today for a consultation. Our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Restrictions on Work Permits for Spouses of Students

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Recently, the federal government announced significant new limits to the international student program to reduce the intake of international students in Canada amidst increasing pressure during the housing and cost of living crises.

As part of further restrictions, beginning today, March 19th, 2024, the government is restricting the availability of open work permits to spouses of students in one of the following degree programs:

  • a master’s or doctoral degree program in a university or polytechnic institution, or
  • one of the following professional degree programs at a university:
    • Doctor of Dental Surgery (DDS, DMD)
    • Bachelor of Law or Juris Doctor (LLB, JD, BCL)
    • Doctor of Medicine (MD)
    • Doctor of Optometry (OD)
    • Pharmacy (PharmD, BS, BSc, BPharm)
    • Doctor of Veterinary Medicine (DVM)
    • Bachelor of Science in Nursing (BScN, BSN, BNSc)
    • Bachelor of Education (B. Ed.)
    • Bachelor of Engineering (B. Eng., BE, BASc)

Previously, spouses of all full-time students at designated learning institutions who were eligible for post-graduation work permits, including college diploma and undergraduate degree students, could apply for open work permits. Spouses who had their open work permits issued under the previous policy will still be eligible to extend their work permits. However, spouses of new international students coming to Canada will only be eligible for an open work permit if the international student is studying for one of the above-listed degrees.

If you or your employee will be affected by this change, reach out to one of our professionals today for a consultation. Our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

¡Atención queridos Mexicanos! Visa Requirement Re-Instated for Mexican Citizens

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As of 11:30 p.m. on February 29, 2024, citizens of Mexico will be required to possess a temporary resident visa (TRV) to enter Canada with a few limited exemptions. The government is applying this requirement in response to the high number of asylum claims received from citizens of Mexico. Previously in 2016, the government had lifted the TRV requirement for citizens of Mexico but is now re-instating it.

A TRV is a document affixed to a traveller’s passport which allows them to enter Canada. They are separate from status documents such as work permits, study permits, and visitor records which denote one’s immigration status in Canada. Countries that do not require visas are typically those that are wealthy, have good diplomatic relations with Canada, and whose citizens the Canadian government feels are unlikely to make asylum claims if they travel to Canada.

One limited exemption to the requirement for TRVs for citizens of Mexico requires that the traveller previously held a Canadian TRV in the past 10 years or currently holds a United States non-immigrant visa, and they will be flying into Canada. If they meet the exemption, they can apply for an Electronic Travel Authorization (eTA) instead. The eTA is typically a quick online application that is approved within minutes, compared to a TRV which can take months to process and requires that the passport be sent to a Canadian visa office. However, given that TRVs have not been required for citizens of Mexico since 2016, this exemption will be very limited indeed.

Another limited exemption is for Mexican citizens who already have a work or study permit. If these individuals already have an eTA (highly likely as most will have flown to Canada), they can continue to use their eTAs for as long as they are valid. Upon the expiry of their eTAs however, they will need to apply for a TRV or, if they meet the exemption listed above regarding holding a TRV in the past 10 years or a U.S. non-immigrant visa, a new eTA.

Those who are in Canada as visitors will have their eTAs cancelled. If they wish to enter Canada again, they will need to apply for a TRV or an eTA if they meet the exemption regarding holding a TRV in the past 10 years or a U.S. non-immigrant visa.

For Mexican citizens or employers with Mexican employees, the re-instatement of the visa requirement will likely affect them. If you have questions related to this requirement and how it will affect you or your employees, our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Offering a Job to a Refugee or Displaced Person Living Overseas? Consider the Economic Mobility Pathways Pilot

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The government has now implemented its Economic Mobility Pathways Pilot which provides a path to permanent residence for refugees and displaced persons living overseas, who have not been integrated permanently into their host country, and who have a job offer from a Canadian employer. While there is a very limited intake for those without job offers (only 150 applications accepted each year) and those who are eligible for the Provincial Nominee Program, Atlantic Immigration Program, or Rural and Northern Immigration Pilot (only 500 total), there is no cap for those who have a job offer.

Importantly, this program lowers the usual language requirements for Economic Class applicants and allows those with high-basic to low-intermediate English or French skills to apply. It also allows for jobs offers for positions that only require the completion of high school. The pilot requires that the applicant have one year of previous work experience. This presents employers with opportunities to hire refugees or displaced persons in order to fill various labour shortages. Further, application fees are waived, medical examination costs are covered by the Interim Federal Health Program available to refugees, access to the Immigration Loans Program is provided to help with the right of permanent residence fee and travel costs, and settlement assistance is also provided. The government has said it will try to process these applications in 6 months or less.

Given this, employers who are looking to fill labour shortages may want to consider the Economic Mobility Pathways Pilot. In addition to benefitting their business, they would be providing a humanitarian service to a refugee or displaced person in need and their family. If this is something you’re interested in, reach out to one of our professionals today for a permanent residence consultation. Our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Parlez-vous français ? Canada Wants You!

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Canada has two official languages of equal status: French and English. In its commitment to maintaining and increasing the use of the French language, and to ensure that French language communities prosper throughout Canada, the federal government has modified and created immigration pathways for French speakers to settle outside the province of Québec, where most Francophones in Canada reside. While many French-speaking immigrants may wish to settle in Québec, it is worth considering other provinces and territories as well, since French speakers wishing to immigrate have a great advantage over non-French-speakers.

The government has been increasing its target for French-speaking immigrants. The target of 4.4% French speakers outside of Quebec in 2023 was surpassed, and for 2024 this target will be 6%, 7% in 2025, and 8% in 2026.

In the points-based Express Entry immigration system, people who are bilingual in French and English are awarded more points. Further, those with strong French skills but basic English skills get more points than those with strong English skills but basic French skills. If you are fluent in both, you have a big advantage.

Since 2023, the federal government has also performed targeted Express Entry draws just for Francophones. Francophones are very much in demand, as the government has performed these draws more than any other draw for in-demand occupations, such as skilled trades, healthcare, STEM, transportation, and agriculture.

Outside of Québec, almost all permanent residence programs by the provincial and territorial governments also favour Francophones. Ontario, Nova Scotia, and New Brunswick have targeted programs just for French speakers while the other provinces and territories award extra points for French speakers.

Additionally, for foreigners wishing to work or those wishing to hire workers, the Mobilité Francophone work permit is now easier to obtain than before. The language score requirement has been loosened so that those with an intermediate level of French may be eligible. A job offer is required, but now any job at any skill level outside of agriculture is eligible. Previously, only high-skilled jobs were eligible. With a Mobilité Francophone work permit, a person’s Canadian work experience can count for points towards their permanent residence, offering another pathway towards immigrating permanently to Canada.

If you would like to know more about the French immigration programs or would like to assess your or an employee’s eligibility, reach out to one of our Canadian immigration legal professionals today. We can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Significant New Limits to the International Student Program

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With increased pressure from the public amidst the cost of living and housing crises, the federal government has announced significant new limits to the international student program for at least 2 years.

Cap on International Students

In 2024, the number of study permits issued will be limited to 360,000. The cap will be distributed across the provinces and territories based on their populations. Since most international students opt for Ontario and British Columbia, these provinces are due to see the greatest decreases in new international students compared to previous years.

Students pursuing master’s and doctoral degrees will not be affected by the cap. Neither will students renewing their study permits, or elementary and secondary school students.

As of January 22, 2024, study permit applications must be accompanied by an attestation letter from the government of the province or territory they will study in. However, the federal government has provided until March 31, 2024, for provincial and territorial governments to establish processes for issuing attestation letters. Without such a process, students may not be able to submit their applications until that time.

Post-Graduation Work Permit Eligibility

Further, the eligibility criteria for Post-Graduation Work Permits (PGWPs) is being changed. PGWPs offer a path to permanent residence for many graduates by allowing them to gain Canadian work experience, so they are much coveted by many graduates.

Starting September 1, 2024, students who graduate from a program under a Public College-Private Partnership will not be eligible for PGWPs. Agreements under Public College-Private Partnerships allow students to attend a private college that is licensed to deliver the curriculum of a publicly funded college.

Master’s degree graduates and graduates of other, short graduate-level programs will soon be eligible to apply for a 3-year PGWP. Currently, PGWPs are issued for the length of the program of study. With this change, graduate-level students will be eligible for a 3-year PGWP, even if their program length was less than 3 years.

Open Work Permits for Spouses of International Students

Soon, open work permits will only be available to spouses of international students in master’s and doctoral programs. Spouses of those in undergraduate or college programs will no longer be eligible. Spousal open work permits allow the holder to work for any employer in Canada.

Other Recent Measures

This announcement is made in addition to other measures that the government is taking that will reduce the number of international students. These include an increase to the funds requirement for international students from $10,000 to $20,635, which took effect on January 1, 2024; a “trusted learning institution” system, details of which are yet to be announced; and a requirement for the verification of every letter of acceptance by the post-secondary institution that began on December 1, 2023.

As a way to offset its increase of the funds requirement to $20,635, the government has also announced that it will implement targeted pilots to help members of underrepresented groups study in Canada, but has yet to announce details.

Employers that have relied on foreign students to grow their work force in the past, may want to look at measures to retain existing temporary talent working for them by assisting these temporary workers with an application for permanent residence. Given the focus on international students, employers should also review their foreign student population employees to ensure compliance while they are working on a study permit. Reach out to one of our professionals today for a permanent residence consultation and/or consultation related to compliance. Our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Ontario Changes Eligibility Requirement for Employer Job Offer: International Student Stream

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Ontario has announced that it will allow anyone who completed a one-year college program and earned an Ontario College Graduate Certificate to register for the Ontario Immigrant Nominee Program (OINP) Employer Job Offer: International Student Stream. Previously, the requirement was that a candidate must have completed a one-year academic program that required at least an undergraduate degree for admission to that academic program. That undergraduate degree is no longer required, so long as the candidate received an Ontario College Graduate Certificate.

For many foreign students with post grad work permits running out soon, this may seem like good news.  However, it may only be a source of false hope. The Ontario government has not drawn a significant number of candidates in the Employer Job Offer: International Student Stream in recent years. In 2023, only 2,963 invitations to apply were issued for this stream, compared to 5,734 for the Masters Graduate Stream. It is important to consider that the purpose of this immigration stream is to address labour shortages in Ontario, and therefore a candidate must have a job offer from an employer in Ontario. The OINP have recently targeted skilled trades, tech, and health care occupations. Thus, this change may only generate a pathway to permanent residence for a few.

We expect that the Ontario government will continue to use this stream to address labour shortages, which will likely benefit those who work in in-demand skilled trades, tech, and health care, and will leave many others hanging, unless there are more general draws in 2024.

Foreign students need to be proactive and continue to consider all available pathways to permanent residence. Our Canadian immigration legal professionals can provide a consultation.  Reach us by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Immigration Developments Kicking Off 2024

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The New Year has brought with it developments in the Courts and at Immigration, Refugees and Citizenship Canada (“IRCC”) that will shape immigration and citizenship policy for years to come. Here’s what you need to know.

Second-Generation Born Abroad Citizenship Rule Deemed Unconstitutional

Along with naturalization, Canada provides for citizenship by birth inside Canada, and citizenship by birth outside to a Canadian parent. However, since April 2009, the Citizenship Act has imposed a cut-off of one generation only for those born outside of Canada to a Canadian parent, whereby a child born outside of Canada to a Canadian citizen parent would be a Canadian citizen but could not pass on citizenship in the future should they have a child born outside of Canada. This “second-generation born abroad rule” meant that if you were born outside of Canada to a Canadian parent who had been born outside of Canada, you were not a Canadian citizen. That all changed in December.

As a result of a challenge at the Ontario Superior Court, the second-generation born abroad rule was deemed unconstitutional: Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152 (CanLII).

The Court said that it discriminates on the prohibited grounds of national origin and sex. The rule particularly affected Canadian women who were born outside of Canada and were living abroad, as they could not pass their citizenship onto their children. It forced pregnant women living outside Canada who were the “first-generation born abroad”, to make the difficult decision of choosing between their own health, job, and finances by giving birth outside Canada, or ensuring their child would be a citizen by returning to Canada to give birth weeks or even months in advance of their due date. Consequently, this rule was deemed to violate another constitutional right: the right to enter, remain in, and leave Canada.

The striking down of this provision raises several questions. The Court has provided the government with 6 months to amend the rule in line with its decision or it will be fully invalidated. It is now up to the government to respond. Will they appeal the decision? Will they amend the provision in the Citizenship Act? Will the provision be fully removed from the Citizenship Act? Stay tuned to see how it all plays out.

Conflict in the Middle East – Israel, Gaza, the West Bank

Many Canadians and their families are deeply affected by the ongoing conflict in Israel and the Palestinian Territories, and the war between Israel and Hamas. As a result, IRCC has announced the following measures:

  • Family members in Gaza – Beginning January 9th and for a period of 1 year, IRCC will accept a total of 1,000 temporary resident visa applications for the relatives of Canadian citizens or permanent residents (“PRs”) who are in Gaza. The relative must hold a Palestinian Territory passport, and must be a spouse, common-law partner, child (regardless of age), grandchild, parent, grandparent, or sibling of the Canadian citizen or Permanent Resident (“PR”). The Canadian citizen or PR must provide their relative with orientation to life in Canada and financial support for 1 year.
    • Those who came to Canada from Gaza following an assisted departure may be eligible for time-limited medical coverage under the Interim Federal Health Program.
  • Israeli nationals and Palestinian passport holders who are the immediate family members of Canadian citizens or permanent residents, and who are currently in Canada with valid status after leaving Israel or the Palestinian Territories on or after October 7, 2023, are eligible for a fee-exempt open work permit or study permit.

Conflict in Sudan

The ongoing conflict in Sudan continues to have profound effects on Sudanese nationals in Canada, as well as many Canadians and their families. IRCC has announced the following measures in response:

  • Family members in Sudan – Beginning February 27th and for a period of 1 year, IRCC will accept a total of 3,250 permanent residence applications for the relatives of Canadian citizens or PRs in Sudan. The relative must be a spouse, common-law partner, child (regardless of age), grandchild, parent, grandparent, or sibling of the Canadian citizen or PR. The Canadian citizen or PR must meet a financial requirement and must provide their relative with orientation to life in Canada and financial support for 1 year.
  • Until October 27, 2024, Sudanese nationals in Canada as visitors, workers, students, or temporary resident permit holders can apply to extend their status or change their temporary resident status (e.g. visitor to worker) for free.
  • Sudanese nationals with an immediate family member who is a Canadian citizen or PR can apply for an open work permit, study permit, or PR through family sponsorship if they meet these requirements:
    • Both the Sudanese citizen and the Canadian citizen or PR left Sudan on or after April 15, 2023;
    • The Sudanese citizen entered Canada before July 15, 2023;
    • The Sudanese citizen is in Canada when filing the application and when a decision is made.

Employers Must Ensure Their Foreign Workers Are Paid the Prevailing Wage

IRCC has mandated that employers conduct wage reviews for foreign workers on LMIAs every year. The wage must continue to meet the prevailing wage as posted on Job Bank. Prevailing wages on Job Bank are updated in the fall, and employers must do their wage review by January 1 of the following year. If a wage is modified, this does not need to be reported to Service Canada if the modified wage meets the prevailing wage.

This policy came into effect on January 1, 2024, so now would be a good time for employers of foreign workers on LMIA-based work permits to check the Job Bank and ensure that their foreign workers are being paid the prevailing wage for their occupation and region of work.

International Students

IRCC has increased the funds requirement for a foreign student from $10,000 to $20,635. This funds requirement is in addition to a student’s first year tuition and travel costs.

Previously, as part of efforts to reform the immigration system for international students, IRCC also announced that certain learning institutions will be recognized as providing top-quality services and support, including housing, to international students. We will have to see how this “trusted learning institution” system is implemented, but it is likely that many private colleges which rely on international students will not make the list.

IRCC has also announced that international students will continue to be able to work for more than 20 hours per week while doing full-time studies until April 30, 2024.

The COVID-era measure allowing international students to count time spent studying online towards the length of their future post-graduation work permit, as long as the online study was less than 50% of the program, has been extended to students who begin a program of study before September 1, 2024.

If you have questions about any of these initiatives, we are happy to advise. Our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.