Summer Immigration Watch: Significant Changes for Workers, Citizens & Travellers.

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As we enter the main the  height of summer, the news regarding immigration and citizenship continues. Here are some key developments.

Targeted C10 Significant Benefit Work Permit Guidance for Physiotherapists and Surgeons

Officers who process C10 significant benefit work permits have a great deal of discretion to decide on whether or not to issue a work permit. They must be convinced that there is an urgent need for one to work in Canada and that the person’s work will bring significant economic, social, and/or cultural benefits to Canada and to Canadians.

Immigration, Refugees, and Citizenship Canada (“IRCC”) has released a new Operational Bulletin regarding the processing of C10 significant benefit work permit applications for physiotherapists. While the National Occupational Classification (“NOC”) code for physiotherapists, NOC 31202, indicates that physiotherapists are generally required to hold a master’s degree and to have completed a period of supervised practical training to be eligible to work in Canada, IRCC is indicating that officers should not consider these to be strict requirements. Since the Canadian provinces have identified a shortage of physiotherapists, IRCC is now indicating that an officer should evaluate whether an applicant can perform the work of a physiotherapist in Canada according to the Canadian Alliance of Physiotherapy Regulations (“CAPR”) framework, namely that the applicant:

  • Completed physiotherapy education in a CAPR approved jurisdiction;
  • Is eligible for assessment under CAPR’s Pre Approved Credentialling Pathway; and
  • Otherwise meets all applicable requirements under R205(a), including that the employment will result in significant social or economic benefit to Canada.

Similarly, the NOC code for specialists in surgery, NOC 31101, generally expects people in this occupation to hold a certification from the Royal College of Physicians and Surgeons of Canada (“RCPSC”). However, given the shortage of surgeons in Canada and lengthy certification process, several provinces have implemented alternative licensure pathways that allow specialists who have completed medical education and training in approved jurisdictions to obtain licensure without RCPSC certification. Their credentials must be assessed as substantially equivalent to Canadian standards by a provincial College of Physicians and Surgeons. In light of the direction of the provinces, IRCC has released a new Operational Bulletin which indicates that an officer assessing a C10 work permit application by a specialist in surgery should be satisfied that the applicant:

  • Has completed medical education and specialty training in a jurisdiction recognized by the relevant provincial College of Physicians and Surgeons;
  • Is eligible for licensure through an alternative provincial pathway that does not require RCPSC certification;
  • Has provided sufficient documentation to demonstrate that their education and training have been assessed by the province as substantially equivalent to Canadian standards; and
  • Otherwise meets all applicable requirements under R205(a), including that the employment will result in significant social or economic benefit to Canada.

Temporary Measures Exempting T13 Provincial Nominee Work Permit and A75 Bridging Open Work Permit Applicants from Requiring an Acknowledgment of Receipt Letter

Applicants who have applied in Canada for permanent residence (“PR”) under the Provincial Nominee Program (“PNP”) are often not issued an Acknowledgment of Receipt (“AOR”) letter until a few months after they submit their applications due to IRCC staffing cuts leading to current completeness checks taking a significant amount of time.

Usually, bridging open work permit (“BOWP”) applications require a AOR to be submitted. For T13 provincial nominee work permit applications, the province or territory’s nomination certificate and work permit support letter, which is usually required for the application, may expire before the AOR is issued. To mitigate the impact of the AOR letter delays, IRCC has released a new operational bulletin allowing officers to temporarily accept evidence of PNP PR application submission other than an AOR including:

  • A copy of the email confirming submission of the PR application through the online portal, together with proof of payment of applicable PR fees; or
  • Confirmation in IRCC systems that an application for PR has been received and remains pending, including prospective applications visible in GCMS.

Revocation of Some Citizenship Certificates of “Lost Canadians”

Earlier in June, IRCC issued letters asking for the return of citizenship certificates of people who had already been granted citizenship certificates due to the change in Canadian citizenship laws allowing a descendant of a Canadian born outside of Canada to hold citizenship. The reason often cited was that documentation was not submitted with the proof of citizenship application. It was noted that opportunities would be granted for applicants to provide additional evidence as proof of their right to Canadian citizenship.

However, a week after, the government then issued letters to some who received the initial cancellation letter that their citizenship was valid once again. This confusion has led to anxiety for those who believed they were Canadian citizens with the rights granted to all citizens. We will continue to monitor these developments.

So far, the Minister of IRCC’s office has said approximately 4,100 people have been granted citizenship under the amendment to Canada’s citizenship laws.

Some Indonesian and Malaysian Nationals Eligible for an eTA

Similar to other countries such as Mexico and Brazil, Canada is now allowing Indonesian and Malaysian citizens who have held a Canadian temporary resident visa (“TRV”) in the past 10 years or who currently hold a valid non-immigrant visa for the United States to apply for an eTA instead of having to apply for a new TRV. An eTA application is a less arduous process than a TRV application and a decision is typically rendered in a few minutes. The fee for an eTA is also $7 while the fee for a TRV is $100. eTAs can be applied for here: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/final-instructions-apply-eta.html.

We understand that navigating constantly changing Canadian immigration programs, processes, criteria, and understanding one’s best options for permanent or temporary residence is challenging. If you, an employee, or your employer have any questions about any aspect of Canadian immigration, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca; farag@cilf.ca.