Immigration in Review – The Year of the Pandemic – Webinar Tuesday December 15 12:00 – 13:00

WEBINAR: Join BJ Caruso, Joel S Guberman and Lainie M Appleby on Tuesday, December 15 from 1200 to 1300 EDT for a discussion on the Top Ten Immigration Trends and Changes in 2020. Learn about predictions for 2021.

SUMMARY: Immigration in Review – The Year of the Pandemic

While Covid-19 and related travel restrictions were the big immigration stories for 2020, there were also other important changes impacting those with Canadian and US immigration needs. Whether it is the continued movement of workers, reuniting with family or understanding how WFH has affected government processing we have these updates for you.

We invite you to join our lawyers for a discussion of these top of mind immigration topics.

REGISTER NOW using the link below:

https://lp.constantcontactpages.com/su/quboRci/endofyear

Immigration Update: Various (November 19, 2020 at 2:00 p.m. EST)

During this unusual time, CILF is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.
We have a few immigration developments to share today:
 
ArriveCAN App Mandatory as of November 21: As of this date, those travelling by air must submit information through ArriveCAN before boarding their flight. You can access ArriveCAN here: https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19/arrivecan.html. Those entering Canada at a land border are encouraged to use ArriveCAN, but it is not mandatory at this time. Additionally, all individuals entering Canada who are not exempted from mandatory self-isolation are required to submit information through ArriveCAN or call 1-833-641-0343 within 48 hours of arriving at their place of isolation. Those who do not use ArriveCAN must call this number daily during the isolation period to provide updates. Those who do not comply with these requirements may be contacted by law enforcement.
 
Canada-U.S. land border closure extended: Another 30 days to December 21. No surprise here.
 
Alberta COVID-19 testing pilot program: Certain travellers entering Alberta may, instead of completing 14 days of self-isolation, agree to take two free COVID-19 tests. The first is administered on arrival. If a negative result is obtained, the traveller may leave his or her place of self-isolation but is still subject to certain restrictions for the 14 day period. The traveller must also agree to complete a second COVID-19 test six or seven days after arrival. This kind of program could be rolled out in other areas of the country in the coming months and greatly facilitate international travel.
 
New Immigration Pathways for Hong Kong residents: In response to the escalating political situation in Hong Kong, the Canadian immigration department has announced two new immigration pathways for certain Hong Kong residents (eligibility for an open work permit valid for up to three years and a permanent residence stream). This is a significant and rare change in Canada’s immigration program as these pathways are designed specifically for residents of a certain jurisdiction. More details will be announced in the coming months.
 
We continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so.

Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; elmalah@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca

Please contact your lawyer at CILF for additional details or specific questions.

Immigration Update: Parents and Grandparents Sponsorship Program Opening Soon! (October 5, 2020 at 4:00 p.m. EDT)

During this unusual time, CILF is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

Great news for those wishing to sponsor their parents or grandparents! IRCC announced today that it will be accepting interest to sponsor forms from October 13, 2020 to November 3, 2020 through an online system. The 2020 intake was delayed this year due to COVID-19.

IRCC will conduct a lottery to determine who will receive invitations to submit a sponsorship application. Invited applicants will have 60 days to submit a complete application. Up to 10,000 applications will be accepted for processing under the 2020 program year.

Applicants are encouraged to ensure that they meet the eligibility requirements to sponsor before submitting the interest to sponsor form, as IRCC has announced a change to the eligibility requirements.

IRCC has also announced that it will accept up to 30,000 parent/grandparent sponsorship applications in 2021 using the same lottery method.

We recommend that anyone wishing to sponsor a parent or grandparent speak to one of our immigration lawyers to determine eligibility and obtain assistance with registering their interest with IRCC through the online system. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; elmalah@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca

Please contact your lawyer at CILF for additional details or specific questions.

Immigration Update: Various Updates (September 18, 2020 at 12:00 PM EDT)

During this unusual time, CILF is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

We have a few immigration developments to share today:

Temporary reprieve for PNP candidates who have lost their employment: losing employment before landing has almost always been fatal to a PNP applicant’s application for permanent residence. IRCC has put a temporary measure in place for Provincial Nominee Class applicants who have lost their job and whose applications were received before March 18, 2020. From September 17 to November 17, 2020, PNP offices can request that these applicants’ cases be put on hold (until March 17, 2021 at the latest). This will allow these candidates time to secure new employment.
 
Canada-U.S. border to remain closed for another month: the closure has been extended once again to October 21.
 
Entry to Canada from all countries other than the U.S.: the restrictions are in effect until September 30 and will likely be extended. No announcement has been made on this yet.
 
Self-isolation exemptions under media scrutiny: this week there has been media attention on who is eligible for an exemption from the 14-day self-isolation requirement based on national interest considerations. We are monitoring the situation closely to see if the government will clarify or amend its current position relating to these national interest exemptions.
 
Biometrics collection in Canada to gradually resume: for now this is limited to permanent residence applicants. Service Canada officers will reach out to candidates to schedule the appointment. Biometrics for temporary residence applicants in Canada are waived until further notice.
 
Certain visitors can now apply for work permits from within Canada: certain visitors who are in Canada and have received a job offer can apply for an employer-specific work permit without leaving the country. Without this temporary public policy in place these individuals would need to make an application from outside Canada and as part of that process leave and re-enter the country to obtain the work permit.
 
We continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; elmalah@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca

Please contact your lawyer at CILF for additional details or specific questions.

CILF Ottawa Welcomes Shay El Malah!

Corporate Immigration Law Firm (CILF) is pleased to announce that our Ottawa office is expanding. Shay El Malah has joined our Ottawa office as an associate. Prior to joining CILF, Shay completed her articles in Halifax, NS where she worked with Nova Scotia Legal Aid and the Halifax Refugee Clinic. After completing her legal studies at Dalhousie University, Shay worked as an Immigration Lawyer with a boutique Ottawa immigration law firm. In addition to representing clients on various types of immigration and citizenship applications, she has appeared before both the Refugee Protection Division and the Immigration Appeal Division of the Immigration and Refugee Board.

CILF’s Ottawa office is led by Jacqueline Bonisteel, who has represented both corporate and individual clients in immigration, refugee and citizenship matters since her call to the Ontario bar in 2012. Jacqueline is a frequent media commentator and speaker at conferences, and a regular guest presenter at the University of Ottawa Faculty of Law. The Ottawa office is also supported by our larger team of lawyers based in our Toronto office, including Barbara Jo Caruso, Joel Guberman and Lainie Appleby, who are consistently ranked amount the top immigration lawyers in Canada. CILF has the distinction of being ranked in the top ten immigration boutiques by Canadian Lawyer Magazine.

CILF Welcomes Sarah Fagan

Corporate Immigration Law Firm is pleased to announce that Sarah Fagan has joined our firm! Sarah brings with her extensive Canadian immigration law experience, advising both individual and corporate clients.
 
Prior to joining CILF, Sarah worked for an international law firm and also a well known immigration boutique firm. She brings a wealth of experience in providing strategic legal advice to both large multi-national corporations, mid and small sized business as well as small start-ups. She is known for her warm personal touch in delivering legal services to many professionals and skilled workers. She has been recognized by Best Lawyers Canada. Sarah is a Past Chair of the Ontario Bar Association Immigration Section. She has also spoken at events for a number of professional organizations including the Ontario and Canadian Bar Associations, the Law Society of Ontario and the Human Resources Professionals Association.
 
Sarah can be reached at fagan@cilf.ca or 416-613-8571.

Zooming through Canada to Alaska, but NO Zoom weddings – this and other Canadian Immigration Updates! (August 6, 2020 at 3:00 PM EDT)

During this unusual time, CILF is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

We have a few immigration developments to share today:

Travel restrictions extended again 

The restrictions on travel from the U.S. have been extended to August 21. The restrictions on travel from any country other than the U.S. and the mandatory isolation order applicable to everyone entering Canada have been extended to August 31.

New COVID-19 tracking app 

After weeks of delay, the Canadian government launched its COVID-19 exposure tracking app, COVID Alert. It will notify a user if he/she has been in close contact with another user who has tested positive. It is currently only available in Ontario but will be rolled in other provinces shortly.

Open work permit for sponsored spouses in Canada 

This pilot program has been extended and will be made permanent. Spouses sponsored from outside Canada are not eligible for an open work permit.

Canadian passport services 

These have resumed by mail and by appointment for those travelling in less than 30 days.

Foreign nationals travelling to Alaska through Canada 

Stricter rules in effect as of July 31, 2020. Foreign nationals heading to Alaska through Canada for a non-discretionary purpose will be required to notify CBSA at the border between Canada and Alaska that they have left Canada. They will also be required to display a vehicle tag indicating that they are in transit to Alaska and the date by which they must leave Canada.

FaceTime/Zoom weddings are not recognized by IRCC 

Proxy marriages (a marriage in which only one of the two parties is physically present and the other is participating by phone or video chat), while legal in some jurisdictions, are not recognized by IRCC. Many cross-border couples have had difficulty reuniting during Covid-19. As spouses of Canadian citizens and permanent residents are exempt from the travel restrictions, some have opted for a proxy marriage. Unfortunately, these couples risk being denied entry to Canada.

 

We continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; bonisteel@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca; elmalah@cilf.ca 

Please contact your lawyer at CILF for additional details or specific questions.

Aside from travel restrictions, here is what else is new in immigration: the Federal Court of Canada finds that Canada-USA Safe Third Country Agreement (STCA) violates Section 7 of the Canadian Charter of Rights and Freedoms

In a move that surprised many, the Federal Court of Canada recently determined that the Canada-USA Safe Third Country Agreement (STCA) violates Section 7 of the Canadian Charter of Rights and Freedoms: Canadian Council for Refugees v Canada (Immigration, Refugees and Citizenship), 2020 FC 770

The STCA is a long-standing pact between the US and Canadian governments. It allows Canadian authorities to send potential asylum-seekers who appear at official Canada-US land border crossings back to the US unless they fit into narrow exceptions, such as having family members in Canada.

The key factor swaying the court was evidence that US authorities detain individuals who are returned to the US by the Canada Border Services Agency after attempting unsuccessfully to cross over to Canada to claim asylum. McDonald J. stated “[t]he penalization of the simple act of making a refugee claim is not in keeping with the spirit or the intention of the STCA or the foundational Conventions upon which it was built.”

The Court suspended its declaration of the STCA’s invalidity for 6 months to allow Parliament time to respond. The Court also certified two questions, which gives the Federal Government the option of appealing the decision to the Federal Court of Appeal.

The result is that the STCA remains in effect for now and at least until January 22nd, 2021. However, the decision is a significant victory for refugee advocates who have long argued that US policies towards refugees—particularly in the Trump era—invalidate the basis for the STCA, which is that both Canada and the US are safe countries to claim asylum, and that potential asylum seekers must therefore claim in the country of first arrival, rather than choosing between the two.

The STCA only applies at official Canada-US land border crossings—it does not affect claimants who cross irregularly into Canada at non-official points of entry. As such, an often-criticized impact of the STCA is that it incentivizes asylum seekers to cross irregularly into Canada. If the Agreement is no longer in place, it is anticipated that irregular crossings will significantly decrease, but Canada is likely to see a simultaneous increase in claimants appearing at official ports, particularly if the policies of the Trump Administration remain in place.

Immigration Update: Waiver of Biometrics for In-Canada Temporary Residence Applications; Updates on International Students and Out-of-Status Foreign Nationals in Canada (July 16, 2020 at 12:00 p.m. EDT)

During this unusual time, CILF is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

Waiver of Biometrics for In-Canada Temporary Residence Applications

All biometrics collection services in Canada are still suspended. IRCC has announced that applicants in Canada who are applying for temporary residence are exempt from providing biometrics. This applies to all new applications as well as those in process. This is great news for many individuals who have been waiting months for the biometrics collection services to resume. We expect to see many pending applications for extensions finalized in the coming weeks in light of this announcement.

Applicants in Canada applying for permanent residence are still required to provide biometrics when the services resume. Applicants outside Canada cannot benefit from this exemption.

Updates on International Students

IRCC has also announced new measures for international students for the Fall 2020 semester (September to December) as many learning institutions will be delivering their programs online. It will prioritize study permit applications, allow certain students to count time spent studying online towards their eligibility for a post-graduation work permit, and defer document requirements for applicants who are unable to submit a complete application. If you have any questions about study permit processing and the travel restrictions applicable to international students, please reach out to our office.

Out-of-Status Foreign Nationals in Canada

Additionally, IRCC has announced a temporary public policy allowing certain out-of-status foreign nationals in Canada until December 31, 2020 (instead of the usual 90 days) to apply for restoration of status. It also allows certain former work permit holders with job offers to work while the restoration application is in process. Normally individuals cannot work while waiting their status to be restored. This policy will remain in effect until December 31, 2020.

Travel Restrictions

We continue to recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; guberman@cilf.ca; appleby@cilf.ca; cowling@cilf.ca; bonisteel@cilf.ca; tsoi@cilf.ca; ali@cilf.ca; green@cilf.ca

Please contact your lawyer at CILF for additional details or specific questions.