Update to Rules for Dogs Entering the United States from Countries with Low Risk of Rabies

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After feedback and lobbying from various countries, veterinarians, industry partners, and the public, the U.S. Centers for Disease Control (“CDC”) has walked back from some of its requirements for dogs from countries that are rabies-free or with a low risk of rabies, including Canada. Specifically, dogs entering or returning to the United States from such countries will no longer require a form completed by a veterinarian which would only have been valid for 30 days.

The updated rules that are set to come into force on August 1, 2024, are summarized below and can be found here: https://www.cdc.gov/importation/dogs/rabies-free-low-risk-countries.html. Please keep in mind that these requirements apply only to dogs that have been in rabies-free or low-risk countries for the 6 months prior to entry or return to the United States, including Canada. These rules apply to Service Dogs as well as to Americans returning to the United States with their dogs after visiting these countries, including Canada.

  • Must be at least 6 months old;
  • Must appear healthy upon arrival;
  • Must be microchipped;
  • CDC Dog Import Form – Must be completed and the receipt provided to airline officials and/or United States Customs and Border Protection (“CBP”) officials upon entry to the United States.

This form and its receipt are valid for 6-months and can be completed on the date of travel and is valid for 6-months, including multiple entries. This is especially relevant for snowbirds planning to spend 6-months in the United States with their dog that the form be completed as close to their travel as possible to cover the full 6-months’ stay.

It is to be noted that the form and the receipt will not be valid if during the 6-months, the dog has travelled to a high-risk county, as there are different set of requirements for travel to the United States in cases where a dog has been in a high-risk country in the last 6-months.

Canada is continuing its talks with the U.S., to seek a nine-month grace period from these requirements to ensure both Canadian and American travellers heading to the United States face minimal disruption.  For now, the above requirements are set to come into effect on August 1, 2024.

Keep in mind that there is variance in requirements around entry and return to the United States depending on where the dog has been in the last 6 months, especially if the dog has been in a high-risk country or if the dog has a foreign or U.S.-administered rabies vaccine. As such, travellers are encouraged to check CDC’s website (see link below) to avoid any surprises at the border: https://www.cdc.gov/importation/dogs/index.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fimportation%2Fdogs%2Fenter-the-us.html.

Although, some of the rules have been relaxed by CDC, the requirements are still quite cumbersome especially to the section of the population reliant on service dogs.  Hence, a more sustainable and equitable solution needs to be developed to ensure hassle free travel for dog owners between the two countries.

“Doggie Passports” What you need to know about New Rules for Dogs Entering the United States

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To prevent the spread of dog-borne rabies in the United States, the U.S. Centers for Disease Control (“CDC”) has announced new requirements for dogs entering the United States that will take effect on August 1, 2024. Even though Canada is listed as a country which is dog rabies-free or low risk by the CDC, new requirements will still be implemented that will greatly affect Canadian dogs and their owners who wish to travel stateside. The new requirements essentially amount to a “Doggie Passport”, so you should expect delays at the border as US border officials adjudicate on these new requirements.

We’ve summarized these requirements below. Please keep in mind that these requirements apply only to dogs that have been in dog rabies-free or low-risk countries for the 6 months, such as Canada, prior to entry to the United States. These rules apply to Service Dogs as well as to Americans returning to the United States with their dogs after visiting these countries, including Canada.

  • Must be at least 6 months old;
  • Must be microchipped;
  • CDC Dog Import Form – Must be completed and the receipt provided to airline officials and/or United States Customs and Border Protection (“CBP”) officials upon entry to the United States;
  • Option 1
    • Completion of the Certification of Dog Arriving from DMRVV-free or Low-Risk Country into the United States form; and
      • This form is valid for 30 days after it is issued.
      • It is valid for a single entry if it does not contain information about rabies vaccination.
      • It is valid for multiple entries if it contains information about rabies vaccination, for the duration that the rabies vaccination is valid (usually 1 to 3 years).
    • Veterinary records (including microchip number) for the previous 6 months.
  • Option 2
  • Option 3
    • Foreign export certificate which includes the dog’s age and microchip number that has been endorsed by the dog’s official veterinarian; and
      • This form is valid for 30 days after it is issued.
      • It is valid for a single entry.
    • Veterinary records (including microchip number) for the previous 6 months.

The Canadian government is advocating for a blanket exemption from these requirements for Canadian dogs, but as of now, come August 1, 2024, these requirements are on track to being implemented.  The Government is also hoping the US authorities will at least offer Canadians a grace period of a few months before the law is enforced, so that dog owners who are not compliant will not be turned back at the border, but instead given a waring to comply.

The requirements around entry and return to the United States will vary depending on where the dog has been in the last 6-months, especially if the dog has been in a high-risk country or if the dog has a foreign or US administered rabies vaccine. As such, travellers are encouraged to check CDC’s website (see link below) to avoid any surprises at the border https://www.cdc.gov/importation/dogs/enter-the-us.html#cdc_generic_section_3-requirements-for-foreign-vaccinated-dogs-that-have-been-in-a-country-with-high-risk-of-dog-rabies-within-6-months-before-entry

The new requirement will certainly cause additional delays at the U.S. Canada land borders, as border officials get up to speed with the new requirements.

At CILF, we will continue to keep track of developments in the United States that may affect Canadians and their pets at the border.

Canada-Ukraine Free Trade Agreement – New Avenues for Ukrainians to Work in Canada

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Effective July 1, 2024, the immigration provisions of the Canada-Ukraine Free Trade Agreement (“CUFTA”) came into effect. This now brings new avenues for citizens and permanent residents of Ukraine to work in Canada or enter Canada as business visitors. The CUFTA’s immigration provisions contain similarities with other free trade agreements- like the Canada-United States-Mexico-Agreement, the Canada-European Union Comprehensive Economic and Trade Agreement, the Canada-Colombia Free Trade Agreement, and the Canada-Peru Free Trade Agreement.

The CUFTA brings new work permit categories and may offer new routes for Ukrainian citizens and permanent residents to remain in Canada who initially came under the Canada-Ukraine Authorization for Emergency Travel (“CUAET”), but who do not have another avenue to remain in Canada as a worker or who have not yet transitioned to permanent residence. Following Russia’s invasion of Ukraine, over 210,000 Ukrainian citizens and permanent residents entered Canada. However, given the difficulty of many newcomers in finding jobs that require higher education and are well-paying, many Ukrainians may continue to be left without a durable solution regarding their immigration status in Canada.

CUFTA Business Visitors

The Immigration and Refugee Protection Regulations (“IRPR”) already contain provisions for business visitors entering Canada, and many of these provisions are re-iterated in the CUFTA. Under the CUFTA, Ukrainian business visitors can enter Canada for up to 6 months for:

  • Business meetings, client meetings, seminars, or conferences;
  • Conducting technical, scientific, or statistical research for a foreign enterprise;
  • Conducting purchasing or other commercial transactions for a foreign enterprise;
  • Conducting market research or analysis for a foreign enterprise;
  • Marketing or promoting for a foreign enterprise at a trade fair/convention;
  • Taking orders for Canadian goods or services, negotiating contracts for Canadian goods or services, or buying Canadian goods or services for a foreign enterprise but not delivering those goods or services;
  • Transporting goods or passengers from Ukraine to Canada;
  • Providing after-sales services to install, repair, and/or maintain products purchased outside of Canada; supervise the installation, repair, or maintenance of products; or train other personnel to perform these services;
  • Engaging in international business activities without directly entering the Canadian labour market;
  • Engaging in business-related duties as management and supervisory personnel for a foreign business (e.g., to lease office space in Canada);
  • Engaging in commercial transactions for a foreign enterprise as a financial services professional (e.g. insurer, banker, investment broker);
  • Attending or participating in a convention or conducting a tour that began outside Canada as a tour guide or travel agent;
  • Translating or interpreting as an employee of an enterprise in Ukraine.

CUFTA Intra-Corporate Transferees

The CUFTA provides for work permits for Ukrainian intra-corporate transferees who are employed by an enterprise in Ukraine; who have worked for that enterprise for more than 1 continuous year in the last 3 years; who work in an executive position, managerial position, or who possess advanced knowledge of the enterprise’s proprietary product, service, research, equipment, techniques, or management; and who will be transferring to a Canadian affiliate, subsidiary, or parent entity.

An initial work permit of 3 years is available with extensions possible. However, the maximum stay for executives and managers is 7 years while it is 5 years for specialists.

CUFTA Professionals

Ukrainian citizens and permanent residents may also be eligible for work permits under the CUFTA Professionals category. They must have a job offer in Canada for either a TEER 0 position, meaning a managerial position, or a TEER 1 position, meaning a position that typically requires a university education as per Canada’s National Occupational Classification (“NOC”) system. However, the following occupation categories are excluded: health, education, and social services occupations and related occupations; judges, lawyers, and notaries except for foreign legal consultants; managers in postal and courier services; managers of telecommunications carriers; occupations related to cultural industries; and recreation, sports, and fitness program and service directors.

They must also have a post-secondary credential of 4 years or more of study and meet the education requirements for their position under the NOC. A bachelor’s degree in Ukraine typically takes 4 years of study.

They must have at least 2 years of paid work experience in the sector of work of their proposed position in Canada. They must also be paid a wage in Canada that is commensurate with other professionals in their industry and region of work. This wage is based on the median wage for the occupation in their region of work, as reported by Employment and Social Development Canada.

A work permit as a CUFTA Professional may be issued for up to 1 year with extensions of 1 year increments available.

CUFTA Investors

Ukrainian citizens or permanent residents who are the owners of an enterprise or an employee of an enterprise and who are establishing, developing, or administering a substantial investment to begin business operations in Canada may be eligible for a work permit as a CUFTA Investor. They must be employed in a supervisory or executive capacity or one that involves essential skills. Essential skills refers to special qualifications and knowledge that are vital to the Canadian enterprise’s operations.

A work permit as a CUFTA Investor is available for 1 year. Extensions of these work permits are available but given that this category is based on the establishing, developing, or administering of an investment, the extension request should be considered in this context.

If you or an employee has any questions about the CUFTA and its immigration implications, feel free to reach out to us 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.

Discretionary Grant, ss. 5(4) Citizenship Act

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An individual is a Canadian citizen under section 3 of the Citizenship Act[1] (the “Act”) by right (ie. typically by birth or decent) or by a grant of citizenship under section 5, (ie. typically to a permanent resident after certain conditions are met). In addition to these usual paths to Canadian citizenship, subsection 5(4) provides for a special grant in exceptional cases.

Subsection 5(4)[2]  states:

“Despite any other provision of this Act, the Minister may in his or her discretion, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.”

Applicants, seeking a discretionary grant of citizenship, must meet one or more of the requirements under this section; (i) statelessness (blood connection); (ii) alleviation of special and unusual hardship; or (iii) reward service of an exceptional value to Canada. It is important to note that if a discretionary grant is issued, permanent residency and a knowledge test are not required. If applying as an adult, the applicant should submit an adult grant of citizenship application under ss. 5(1)[3] or if under the age of 18, submit a minor grant of citizenship application under ss. 5(2)[4] of the Act.

Statelessness – Blood Connection

A person will be considered stateless under ss. 5(5),[5] if the applicant was born outside of Canada; had a birth parent that was a citizen at the time of birth; is less than 23 years of age; been physically present in Canada for at least 1,095 days for 4 years immediately before the date of his or her application; has always been stateless; and has not been convicted of any of the offences listed under s. 5(f) of the Act.

Alleviation of Special and Unusual Hardship

Demonstrating special and unusual hardship can be very onerous and a highly subjective subject. Typically, Senior Decision-Makers in the Case Management Branch are delegated authority under ss. 5(4) of the Citizenship Act to make discretionary grants, unless the Minister of Immigration Refugee Citizenship Canada (IRCC) elects him/herself to exercise their discretionary authority to grant citizenship.

The Minister or his/her delegates discretion is “personal in nature, and qualified in that it cannot be exercised in an unreasonable manner.”[6] In Re Mojallal,[7] the court found that cases of special and unusual hardship usually arise when “the lack of Canadian citizenship precludes an individual from practising a profession, denies a person the opportunity of employment or restricts the exercise of business enterprise.” An applicant that is unable to reside in Canada earlier to meet the residency requirement due to turmoil or civil unrest in one’s country of origin could constitute special and unusual hardship.[8] Unusual hardship can also arise in cases where “as a consequence of delay of granting citizenship, families would be broken up, employment lost, professional qualifications and special abilities wasted, and the country deprived of desirable and highly qualified citizens.”[9]

Each case is decided on a case-by-case basis and is considered on its own merit. An applicant should be aware of the “significance of being conferred a grant of citizenship under this provision.”[10] Subsection 5(4) should not be used to bypass or circumvent the standard citizenship process.

Reward Service of Exceptional Value to Canada

Service of exceptional value does not need to include services to the Canadian government or to a Canadian entity.[11] In the case of Halepota v Canada, the appellant, worked for the United Nations outside of Canada, and sought judicial review of the Minister’s decision to not exercise a special grant under ss. 5(4). The Minister attempted to justify the decision to refuse the special grant with a faulty assumption that work performed outside of Canada cannot be of value to Canada and that work that benefited people in other countries instead of people in Canada was not of value to Canada.”[12] The court disagreed with the Minister’s decision, and held that the requirement is simply that the services have value to Canada.

Subsection 5(4) grants are often issued in cases of athletes to reward exceptional contributions and alleviate unusual hardship. Athletes that train extensively to compete internationally, may face serious special and unusual hardship if they are deprived an opportunity to compete internationally on behalf of Canada.[13]

In circumstances where athletes have already obtained significant accomplishments nationally or internationally, they can argue that a grant of citizenship should be issued to reward them for their significant contributions to Canada, and argue that without the special grant of citizenship, they will suffer unusual hardship if they cannot compete for Canada. Take for example the case of Deanna Stellato-Dudek, a pairs figure skater who won gold for Canada at the World Figure Skating Championships held in Montreal earlier this year. Deanna and her Canadian born skating partner, Maxime Deschamps, hope to represent Canada at the 2026 Olympics in Milan, Italy. However, without a special grant under ss. 5(4), her and Maxime will miss this opportunity.  Although Deanna is an American citizen (Maxime is not), they have declared and are qualified to represent Canada. They cannot elect to represent the United States now. Further, Deanna is the oldest female figure skater to win a World title in any discipline at the age of 41, and therefore is unlikely to have another opportunity to compete in future Olympics. Canada will also miss an opportunity to win an Olympic medal in both the Pairs and Team events, and potentially limit the number of Canadian pairs teams that can compete at future international events, since top rankings dictate the number of Canadian teams that can attend future events. Hopefully the Minister exercises his discretion and grants Deanna citizenship in time for her to compete for Canada. Her accomplishments as a World Champion for Canada deserve a reward for service and a grant of citizenship would alleviate hardship to her, her Canadian skating partner, and the Canadian Figure Skating Team. Those that agree, can consider Deanna’s petition here.

Practical Guidance for ss. 5(4) Applications

Generally, before making an application for Canadian citizenship, the applicant must check if they’re eligible and should calculate the length of physical time spent in Canada.[14] However, when making an application for a discretionary grant under ss. 5(4), the applicant does not have to meet the residence criteria, and can prepare and submit an adult grant of citizenship application under subsection 5(1)[15] of the Act or a minor grant of citizenship application under subsection 5(2)[16] of the Act if they are under 18 years of age. The Application form(s) (Adult – Application for Canadian Citizenship – Adults [CIT 0002]; Minors – Application for Canadian Citizenship – Minors [CIT 0003]) must be fully completed, signed and dated, along with providing the applicable documentation for the application. (ie. Citizenship photo etc.) Payment of the fees is also required.

The recommended method for submitting as subsection 5(4) application is by paper since the online application, does not include a specific function to request consideration under 5(4). It is recommended to include at the very top of the application form in bold “Requesting Discretionary Consideration under ss. 5(4) of the Citizenship Act.”, and at the very top of the envelope in bold “Requesting Discretionary Consideration under ss. 5(4) of the Citizenship Act”. This will assist IRCC to know that the applicant is requesting a special grant of citizenship under ss. 5(4) and help mitigate the application being sent to the intake stage should the applicant not meet the normal eligibility requirements for citizenship grants, such as the physical presence requirement.

Applicants should also include a formal letter addressed to the Minister of IRCC, requesting that their application be considered under ss. 5(4). The letter should incorporate as much detail as possible regarding their request for a special grant. The applicant should address why they believe they deserve a discretionary grant of citizenship and on what basis (ie. (i) statelessness; (ii) to alleviate any special and unusual hardship; (iii) to reward services of an exceptional value to Canada). The letter should be accompanied with documents to support these circumstances.

Processing

When the application is accepted into processing, it will be generated in the Global Case Management System (“GCMS”) and criminal and security clearances will commence. Criminal and security prohibitions under s. 22 of the Citizenship Act[17] are mandatory for applicants that are 14 years of age and older. Citizenship will not be granted if any of the prohibitions listed under this section apply.

The application is then referred to the CMB in Ottawa.

Standard processing times do not apply with these special grant applications. It usually takes 12 to 24 months to receive a decision under ss. 5(4). The application can be expedited if requested at the time the application was submitted by instructing at the top of the application form and on the letter, why a decision on the application needs to be made quickly. Supporting documents that shows the need for expedited processing should be included as well.

Citizenship is not always a right, but is often secured instead by a grant, including in some exceptional cases by a special grant under ss.5(4). Citizenship, however, is always a privilege and is accompanied with responsibilities. It is highly valued in Canada and is an important measure of a person’s belonging and integration into Canadian communities. Citizenship promotes democratic values and participation in democratic processes; respect for rights, freedoms and obligations set out in the laws of Canada; volunteerism; and respect for the environment and the protection of Canada’s natural cultural and architectural heritage. Subsection 5(4) provides an opportunity to alleviate hardship and reward exceptional contributions to Canada in certain circumstances where a person might not otherwise qualify for Canadian citizenship and is, therefore, a powerful and important discretionary authority authorized under the Citizenship Act.

If you or an employee has any questions about Subsection 5(4), feel free to reach out to us 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.

 

 

[1] Citizenship Act, Section 5

[2] Ibid, ss. 5(4)

[3] Ibid, ss. 5(1)

[4] Ibid, ss. 5 (2)

[5] Ibid, ss. 5(5)

[6] Worthington v. Canada (Minister of Citizenship & Immigration) (2008), 330 F.T.R 40

[7] Re Mojallal, 1985 CarswellNat 974 (Fed. T.D.)

[8] Ibid

[9] Re Kerho (1988), 21 F.T.R. 180

[10] Government off Canada, “Citizenship: Ministerial discretion to grant citizenship in special cases,” October 11, 2017, available at: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/ministerial-discretion-grant-special-cases.htmljolen.

[11] Halepota v Canada (Minister of Citizenship and Immigration), 2018 FC 1196

[12] Ibid

[13] Re Mady [1978] FCJ No 914 (TD)

[14] Government of Canada, “Guide: Application for Canadian Citizenship: Adults – Subsection 5(1) CIT 0002”, May 08, 2024, available at: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0002-application-canadian-citizenship-under-subsection-5-1-adults-18-years-older.html#Step1

[15] Ibid (3)

[16] Ibid (4)

[17] Ibid (1), s. 22

No More Port of Entry Applications for Post-Graduation Work Permits

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Immigration, Refugees and Citizenship Canada (“IRCC”) has announced that international student graduates can no longer apply for a post-graduation work permit (“PGWP”) at a port of entry when entering Canada. This also means an end to applying for PGWP by way of flagpoling – a legal practice of leaving Canada and re-entering in order to have an immigration application processed by the Canada Border Services Agency (“CBSA”) at the time and place of entry. This new policy is now in effect and feels too much of a coincidence that it comes within a month of CBSA’s announcement on further curtailing flagpolling hours across various land borders in Southern Ontario, Quebec, and British Columbia and the government’s announcement of earlier in the year to limit the number of temporary residents in Canada.

Over the past few years and as recent as last month, CBSA has limited the ability to “flagpole” at certain land border crossings in Québec, southern Ontario, and British Columbia, to certain days and hours of business. This has been done to limit the workload of officers and to increase the perception of fairness as flagpolers are often seen as jumping the queue over online applicants, despite many flagpolers having legitimate and pressing reasons to flagpole given lengthy inland processing times and CBSA having no legal authority to deny processing applicants. Under section 23 of the Immigration Refugee Protection Act (“IRPA”), an officer may authorize a person to enter Canada for the purpose of further examination or an admissibility hearing, but there is no authorization to refuse to process an application. Restrictions to flagpoling are, therefore, unlawful.

While this new policy will certainly further limit flagpolling as IRCC and CBSA are now making it a requirement for foreign students to apply for a PGWP online, the announcement certainly has broader implications. The restrictions from applying at a port of entry for PGWP extends to visa exempt individuals as well who would otherwise be eligible to apply at a port of entry for another type of a work permit. Further, there is precedent for requiring certain applications for work permits to be filed online regardless of whether the individual is from a non-visa required country and would normally be able to make their application at a port of entry. For example, International Experience Canada and Seasonal Agricultural Worker work permit applications must be made online and cannot be made at a port of entry, although once approved, if these applicants are in Canada, they could flagpole to have the work permits issued at a port of entry by CBSA.  Based on this, it would seem therefore that this announcement is not simply about restricting flagpolling but more towards international students – a program that has recently undergone significant changes and further changes are expected to be coming in the fall and IRCC’s broader strategy to restrict the number of temporary residents in Canada.

For context, currently most international students who have graduated from a post-secondary institution in Canada are eligible for a PGWP. The academic program must have been PGWP-eligible and at least eight (8) months in length. An applicant can only obtain a PGWP once.

Most foreign students do apply online from within Canada for their PGWP, so this announcement will have limited impact. However, there are circumstances, where foreign students may have to or want to travel outside of Canada after completing their studies in Canada, and in the past would have been able to apply for their PGWP on re-entry to Canada.  This announcement will inconvenience these individuals, which again suggests that the announcement may be aimed at making it more difficult to apply for a PGWP to limit the number of temporary residents in Canada, and has less to do with queue jumping, fairness or any integrity issue.

If you or an employee has any questions about this policy of restricting PGWP applications to online-only or have any other questions about PGWP applications or overall eligibility to apply for a work permit at a port of entry, feel free to reach out to us 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.

Some Major and Minor Updates in May 2024

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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.

Parent-Grandparent Sponsorship 2024

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Over the course of two (2) weeks, starting on May 21, 2024, Immigration, Refugees and Citizenship Canada (“IRCC”) will invite 35,700 potential sponsors to apply to sponsor their parents or grandparents. However, only those who submitted an interest to sponsor form in 2020 are eligible to be invited. The intake for new expressions of interest to sponsor is still closed.

Those who wish to sponsor their parents or grandparents for permanent residence in Canada but did not previously submit an interest to sponsor form in 2020 remain unable to do so, and IRCC has not given any timeline as to when they will open interests to sponsor in the future.

Canadian citizens and permanent residents who wish to reunite with their parents or grandparents can still apply for Super Visas. While a Super Visa does not allow one to remain in Canada permanently and does not confer the rights and privileges of Canadian permanent resident status, it does allow for a stay in Canada of up to five (5) years on each entry. Super Visas are also valid for up to ten (10) years. For those who did not submit an interest to sponsor form in 2020 or who are not invited to apply in the upcoming 2024 draw, a Super Visa may be the most viable option.

If you are interested in reuniting with your parents or grandparents in Canada or would like further information on the requirements of any of these programs, 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.

Stop Work Order for International Students

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End of Policy Allowing Work Over 20 Hours Per Week

During the COVID-19 pandemic, the government implemented a public policy allowing full-time international students to work off-campus for over 20 hours a week during regular academic sessions. This policy was intended to alleviate labour shortages and facilitate the staffing of many low-wage, low-skilled jobs during the pandemic without corresponding increases in wages. Most of these jobs were considered essential as per Public Safety and Emergency Preparedness Canada’s Guidance on Essential Services and Functions in Canada During the COVID-19 Outbreak, and at the time, the government was seeking ways to keep these positions occupied.

As Canada and the rest of the world were recovering from the COVID-19 pandemic, the Canadian economy continued to face significant labour shortages. To address Canada’s labour market needs temporarily, the Government implemented a public policy in 2022 to allow all eligible study permit holders, to work more than 20 hours per week during academic sessions. The increase in the number of hours students could work also allowed students to offset rising costs of living. This policy was due to expire on December 31, 2023, but the expiry date was extended until April 30, 2024.

Public sentiment has changed against international students, who are now perceived by some as having contributed to the housing shortage. The government has also indicated that the economy has recovered from the pandemic and labour shortages are not acute.  Consequently, the government is now reverting to some of the pre-pandemic requirements for study permit holders as it considers the primary purpose of the International Student Program to be for students to study in Canada. Considering this, the government has rolled back multiple measures for international students, one of them being that it will not extend the public policy allowing international students to work over 20 hours per week during regular academic sessions.

  • As of May 1st, 2024, full-time international students will only be allowed to work 20 hours per week off-campus during regular academic sessions.
  • There is no limit to the number of hours an international student can work off-campus during a regularly scheduled break, such as the summer break.
  • Part-time international students cannot work off-campus unless they were studying full-time during all previous semesters but are now studying part-time in their final semester.
  • On-campus work is not affected, and international students can work an unlimited number of hours on the campus of their institution.

24 Hours Per Week in Fall 2024

The government also announced that in fall 2024, full-time international students will be able to work up to 24 hours per week off-campus. The government has settled on this number to strike a balance between allowing students to pay for their studies and living expenses, and to focus on their studies as the purpose of their stay in Canada.

Is this a Good Thing of a Bad Thing?

The policy to allow students to work beyond 20 hours per week was viewed by some as potentially detrimental to international students that might have struggled to keep up their full-time studies and full-time work at the same time. In some instances, international students may have jeopardized their ability to secure a post graduation work permit (“PGWP”) if they were forced to drop courses and were unable to maintain full-time studies. Although this change may not be welcomed by students and businesses that have relied on students working full time while attending school full time, in the end it may be in the students’ best interest to focus on their studies and ensure they are able to be qualify for a PGWP.

In the past this policy has primarily relied on voluntary compliance. There is a risk that some employers and students dependent on the extra hours of work, will chose not to abide by the new policy. This could have consequences for both, since it is an offence to employ someone unauthorized to work in Canada or to work without authorization. There are also potential immigration consequences to students that do not follow the conditions of their study permits. It remains to be seen whether the government intends to or will need to take extra measures to ensure the policy is followed.

If you or any of your employees will be affected or have questions about these 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.

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.