Some Major and Minor Updates in May 2024
End of the Second-Generation Born Abroad Rule and Lost Canadians
Following the Ontario Superior Court’s ruling in Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152 (CanLII), in which the Court deemed unconstitutional the ineligibility to Canadian citizenship of those born outside of Canada to a Canadian parent who had been born outside of Canada themselves, Immigration, Refugees and Citizenship Canada (“IRCC”) has announced several changes with the tabling of Bill C-71.
Anyone born to a Canadian parent who was themselves born abroad will be eligible for Canadian citizenship if the parent has spent at least 1,095 days, or three years, in Canada cumulatively. This new “substantial connection test” is different than the one prior to 2009 which allowed for a “substantial connection” based on working abroad for the Canadian Armed Forces, the RCMP, or the United Nations as a Canadian representative or having adequate knowledge of Canadian civics, English or French, and living in Canada for one year since the age of 14.
All “Lost Canadians”, those born to Canadian citizens who lost their citizenship or never acquired it due to prior citizenship legislation, will have their Canadian citizenship restored or be eligible for citizenship.
Increase in Settlement Funds Requirement
The amount of unencumbered, liquid funds required for permanent resident applicants under the Federal Skilled Worker Program and Federal Skilled Trades Program has now increased. For example, one person will now require $14,690 and a family of four will require $27,297. The funds requirements are set out here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/proof-funds.html.
Inspections for Compliance with the Temporary Foreign Worker Program and International Mobility Program
In the event of a compliance inspection, an employer not keeping records for six years is now considered a “C” violation, making it a severe offence.
When conducting inspections of employers for compliance with the Temporary Foreign Worker Program, Service Canada is now providing an Employer Inspection Information Sheet listing the documents required for the inspection.
Manitoba Foreign Workers in the Provincial Nominee Pool to Receive Open Work Permits
To facilitate the transition of foreign workers in Manitoba to permanent residence, IRCC has announced that it will extend the status of potential nominees under the Manitoba Provincial Nominee Program (“MPNP”) whose work permits will expire in 2024. Most of these workers are post-graduation work permit holders in the MPNP Skilled Worker Expression of Interest pool. This policy will facilitate the issuance of 6,700 open work permits while these individuals wait for their MPNP applications to be processed.
Changes to Flagpoling at the Border
“Flagpoling” is a practice where temporary residents leave Canada and re-enter within 24 hours to receive immigration services from the Canada Border Services Agency (“CBSA”). Applicants often use this method to avoid long and fluctuating IRCC processing times within Canada. As of May 30, there are restrictions in effect at certain land border crossings in Québec, Southern Ontario, and British Columbia which limit the days and times at which individuals can flagpole at those locations specifically.
Possible CBSA Strike
Labour action has been initiated by CBSA members of the Public Service Alliance of Canada (“PSAC”) after 96% of union members voted in favour of a strike mandate. PSAC and the government will enter mediation on June 3rd, with a strike being possible some time in June. While CBSA border officers are considered essential and must continue providing services during a strike, a strike could still lead to these services being limited, resulting in long lines and the disruption of the flow of people and goods into Canada.
Changes to the International Experience Canada Work Permit Program
The International Experience Canada (“IEC”) program allows young people from certain countries with international agreements with Canada or who are sponsored by a Recognized Organization (“ROs”) to apply for a work permit. We have found that one of these ROs, AIESEC, is not accepting applications from Indian and Brazilian citizens currently, as of the end of May 2024. AIESEC is the only RO for Indian and Brazilian citizens. It is also no longer accepting candidates who are already inside Canada. This policy may extend to other ROs as the government tries to limit the overall number of temporary residents in Canada.
If you, your company, or your employees might be affected by these new updates, reach out to speak with one of our professionals today. 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.
