Immigration Update: Covid-19 Impacts (March 17, 2020 at 10:30 a.m. EDT)

Information with respect to all aspects of immigration and travel are evolving moment by moment and is subject to change at anytime. We will continue to keep you informed.

The Government of Canada has clarified the terms of its air travel restriction which will go into effect at 12:00 p.m. EDT tomorrow, March 18, 2020. Here are some key takeaways:
  • It only applies to travel by air. Surface traffic and marine shipping are exempt.
  • U.S. citizens are not automatically allowed to board flights to Canada, contrary to what Trudeau announced during his speech yesterday afternoon. American citizens that have not been in the US for the last 14 days will not be covered by the exemption.
  • Airlines will be instructed to deny boarding to anyone who has been outside Canada or the U.S. in the last 14 days UNLESS the individual is a Canadian citizen, permanent resident, or in transit to a third country.
  • The measure comes into force at 12:00 p.m. EDT on March 18. It applies to denial of boarding, and not denial of entry into Canada. Therefore it appears that foreign nationals who are caught by the restriction could still be admitted into Canada should their flight arrive after 12:00 p.m. EDT tomorrow.

It is still unclear whether temporary residents with a valid work or study permit and the family members of Canadian citizens and permanent residents will be allowed entry if they have been in a country other than the U.S. in the last 14 days.

For full details, please refer to: https://www.canada.ca/en/transport-canada/news/2020/03/new-measures-for-covid-19-response.html

We expect things to continue to evolve rapidly and are monitoring the situation closely. It is unknown as to  how well-versed the airlines will be in applying the terms of the restriction to individual cases and cannot guarantee that foreign nationals who appear to be eligible to travel to Canada will be allowed to board the plane.

We encourage you to get in touch with one of our lawyers directly to discuss any specific situation.

Immigration Update: Covid-19

During this unusual time, CILF – Caruso Guberman Appleby, 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 focus on your immigration needs. In particular, review your temporary foreign worker employee files to ensure that those who require new work permits file extensions in a timely manner.

Today’s important information:

  1. Effective Wednesday, March 18, the Canadian border will be closed but for the following exceptions: CANADIAN CITIZENS, PERMANENT RESIDENTS OF CANADA, US CITIZENS, AIR CREWS, DIPLOMATS and FAMILY MEMBERS OF CANADIAN CITIZENS.
  2. All international flights will be directed to either Toronto, Montreal, Calgary or Vancouver.
  3. Domestic flights, Mexican, US and Caribbean flights are not part of the international flight restriction.
  4. Anyone who has symptoms will be prevented from boarding planes to Canada.
  5. Self isolation is required for all individuals returning to Canada from anywhere.
  6. Canadian citizenship ceremonies temporarily on hold.
  7. Immigration Refugee and Citizenship Canada continues to accept applications for both temporary and permanent residence.
  8. The border restrictions do not apply to commerce and trade.
  9. At this point, we recommend any foreign workers currently in Canada not leave because we do not have any confirmation on their ability to return.

Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.

Federal Court of Canada makes it clear that policy cannot trump law (or common sense!)

At long last – some relief for employers seeking the widely-dreaded and feared Labour Market Impact Assessment (LMIA)!

In Marcom Resources Ltd. v. Canada (Employment, Workforce Development and Labour), 2020 FC 182, Associate Chief Justice Gagné reiterates that officers must consider all the information provided by the applicant, and provide a rationale whenever submitted evidence is set aside, if such evidence would impact the outcome of the application. She also concluded that the officer fettered her discretion by relying too narrowly on policies without considering relevant information provided in the application. The full text of the decision is available here: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/460806/index.do.

This decision sends a clear message to LMIA officers that they are to adopt a holistic approach when reviewing applications, and that the LMIA program requirements are policy, not law. In the event an employer has not complied with a program requirement, the officer must step back and consider the bigger picture. Given all the evidence submitted, has the employer made reasonable efforts to hire Canadians and demonstrate that there is a labour shortage? Employers and their lawyers now have an additional tool in their belt when going through the lengthy, complicated (and at times, contentious) LMIA application process.

A special mention to Jacqueline Bonisteel, Douglas Tsoi and Barbara Jo Caruso for their work on this litigation before the Federal Court.

CILF is Hiring

Corporate Immigration Law Firm, a busy, boutique immigration law practice is currently seeking candidates for the following positions available in our Toronto office.

 

Associate Lawyer or Registered Consultant

Qualifications:

  • Minimum 2 years of Canadian immigration law experience
  • An excellent understanding of all permanent and temporary immigration categories including PNP programs
  • Member in good standing of the Law Society of Ontario
  • A Registered Immigration Consultant with significant experience in a law firm may be considered

Duties:

  • Taking instruction from senior lawyer(s)
  • Management of multiple files and dealing with competing timelines
  • Working on files from start to finish
  • Dealing directly with client in writing and by phone clearly, concisely and in a timely manner
  • Complete tasks in a busy environment under time constraints
  • Assessing legal issues and providing appropriate legal advice
  • Drafting and reviewing submissions
  • Handling consultation queries and calls with clients
  • Staying current with immigration changes and developments
  • Legal research

 

Law Clerk

Corporate Immigration Law Firm is seeking an immigration law clerk for its Toronto office. Our boutique law firm provides a highly collegial and positive working environment with opportunity to collaborate with colleagues and work on a variety of different types of cases.

Qualifications:

  • 3 years of Canadian immigration experience
  • Extensive experience with Express Entry and OINP Cases
  • Law Clerk Diploma or university degree
  • Knowledge of government portals and online submissions
  • An understanding of both permanent and temporary immigration categories
  • Multi-lingual abilities, including Spanish, an asset

Duties:

  • Draft forms, prepare documents and submissions independently at the instruction of a lawyer
  • File applications via government portal (Express Entry, Employer Compliance, Inquiry)
  • Management of multiple files from beginning to end
  • Dealing directly with client in writing and by phone clearly, concisely and in a timely manner
  • Organize and maintain file list
  • Diarize deadlines
  • Along with lawyer, prioritize work load
  • Complete tasks in a busy environment under time constraints

 

To apply online please click the links above, or send your resume and cover letter to: careers@cilf.ca.

Who’s Who Legal: Canada 2019 – Three (3) CILF Lawyers Nominated

Corporate Immigration Law Firm is pleased to announce that, once again, three (3) of its lawyers have been recognized in the “Corporate Immigration” law chapter in Who’s Who Legal: Canada 2019.  Barbara Jo Caruso, Joel Guberman and Lainie Appleby are all noted for “…excellence in corporate immigration matters”.

Barbara Jo Caruso, Founder, Corporate Immigration Law Firm warrants special mention as she was included among only six (6) corporate immigration lawyers across Canada as being “MOST HIGHLY REGARDED.” As well, the publication notes Barbara Jo’s “..extensive experience in corporate immigration…in complex matters”.  Likewise, Who’s Who Legal: Canada 2019 acknowledges Joel Guberman as “…a long-standing figure in corporate immigration…” with experience acting for executives and companies in a range of immigration matters. Finally, Lainie Appleby receives recognition on account of her “…diverse immigration practice…acting for a variety of clients in high-stakes immigration issues…”.

Who’s Who Legal: Canada 2019 nominations are based on peer selection as being among the world’s leading practitioners in a given field.

Corporate Immigration Law Firm is experienced in advising employers and foreign nationals on immigration issues. This year we were once again named one of Canada’s top 10 boutique immigration firms by Canadian Lawyer Magazine. Contact one of our immigration lawyers today for assistance.

CILF Welcomes Clinton J. Green!

Corporate Immigration Law Firm – Caruso, Guberman, Appleby is pleased to announce that Clinton J. Green, B.A., J.D. is joining our firm! Clinton brings with him prior Canadian immigration law experience, advising both individual and corporate clients.

Prior to joining CILF, Clinton worked in both large and boutique immigration law firm environments. While attending Osgoode Hall Law School, he was awarded the Joel S. Guberman Prize in Immigration Law and also participated in the school’s Advanced Immigration and Refugee Law Intensive program. Clinton also gained international experience while participating in an internship with the Rwanda Ministry of Justice in Kigali, Rwanda.

Welcome Clinton!

Ontario Immigrant Nominee Program Reopening Soon – Are you ready?

The Ontario Immigrant Nominee Program (OINP) Employer Job Offer streams are an alternative pathway to permanent residence, typically for those who do not qualify for Express Entry or do not have a high enough Comprehensive Ranking Score (CRS) to receive an invitation to apply through Express Entry.

The OINP Employer Job Offer streams are employer-driven, meaning that the employer must meet certain eligibility criteria. They are:

  • Must have been in active business for at least three years
  • Must have at least $1 million in gross annual revenue in the last fiscal year ($500,000 if the location of employment is outside the GTA)
  • Must have at least five full-time employees who are Canadian citizens or permanent residents at the foreign national’s work location (three if the location of employment is outside the GTA)

There is an Employer Job Offer stream for foreign workers with at least two years of related work experience in their current occupation, and one for new graduates who have completed postsecondary education in Canada within the last two years. Neither have minimum language requirements which is hugely helpful for candidates with weaker language skills.

The Employer Job Offer streams are subject to annual quotas and have remained closed since September 23, 2019 due to high demand. The streams were also closed from April 27 to August 27, 2019, again due to processing volumes. They are expected to reopen in early 2020. We strongly recommend that employers prepare their applications in advance so that they can be submitted as soon as the program reopens, as there is no way to know how long the streams will remain open before they are closed again.

The OINP also has three Ontario’s Express Entry streams, which are designed for individuals with a valid Express Entry profile but a score that is not high enough to receive an invitation to apply. These streams have remained open throughout the year. From time to time, OINP will issue Notifications of Interest (NOI) to Express Entry candidates inviting them to apply for a nomination certificate. The nomination certificate is worth an extra 600 points, so the candidate is essentially guaranteed an invitation to apply for permanent residence through Express Entry. It is worth noting, however, that since January 1, 2019 OINP has only issued five rounds of NOIs, and four of them targeted specific occupations (technology professionals and certain financial and administrative professionals). No candidates with CRS scores below 435 were considered. This is less than ideal news for individuals with scores in the low 400s. As of November 23, 2019, there were 133,848 active Express Entry profiles in the pool. Of these, 58,138 had scores at or under 430. These numbers confirm that there is a huge interest in Canada and there are very qualified candidates for permanent residence from all over the world in the pool. It was not very long ago that a score of 430 was enough to receive an invitation to apply for permanent residence. This is no longer the case and more and more employers are finding that they have employees who are having difficulty receiving an invitation. We believe that this will result in even greater demand for the OINP streams.

We believe it is a good practice for employers hiring foreign nationals to ensure there is a permanent residence strategy in place at the beginning of the employment relationship. The absence of such a strategy could result in costly and time-consuming extension applications or even business disruption, should the employee be unable to secure an extension of his/her work permit.

Corporate Immigration Law Firm – is experienced in advising employers and foreign nationals on immigration issues. This year we were once again named one of Canada’s top 10 boutique immigration firms by Canadian Lawyer Magazine. Contact one of our immigration lawyers today for assistance.

Canadian Lawyer® “In House” Issue 14.06 November-December 2019

Corporate Immigration Law Firm – Caruso Guberman Appleby is pleased to be recognized by Canadian Lawyer® Magazine In House, once again, as among the TOP 10 IMMIGRATION BOUTIQUES in Canada.

As noted by founder Barbara Jo Caruso “…with a boutique…you’re dealing directly with the lawyer responsible for your file”. This fact allows for our lawyers to provide the best possible and most personalized approach to each and every file – whether a company or an individual. This recognization is possible on account of the contributions by all of the lawyers at the firm.

 

Barbara Jo Caruso was also recently featured in a Law Times article: New entry-and-exit data collection a ˜game changer” for immigration law, say lawyers.

IRCC Loosens Ban on Sponsorship of Undeclared Family Members

New permanent residents are always required to declare their spouse, common-law partner and dependent children, even if those family members are not planning to join them in Canada. All family members must be examined. Failure to declare a family member before landing as a permanent resident has long meant a lifetime ban on sponsoring that person for status in Canada (s. 117(9)(d) of the Immigration and Refugee Protection Regulations).

The ban is aimed at maintaining the integrity of Canada’s immigration system and preventing fraud. However, applicants sometimes fail to declare not due to malicious intent, but rather due to lack of understanding of the law or bad advice.

While the law has not changed, the Federal government has recently acknowledged that the lifetime ban poses disproportionate hardship in some cases, particularly where children are involved. A new pilot program will allow Canadian citizens and permanent residents who obtained their own status through the refugee program or family sponsorship to sponsor undeclared family members. Sponsored family members must still meet other admissibility requirements for admission to Canada.

Because of the strict eligibility requirements, the pilot program will directly apply to only a limited number of applicants. That said, IRCC’s recognition of the hardship that results from s. 117(9)(d) is a welcome development. It may signal an openness to consider humanitarian and compassionate reasons to overcome the ban in other situations not covered by the pilot program.

If you would like more information or clarification on how the pilot program might affect you or your family, contact a member of the professional team at CILF.

Relief for Construction Workers in the GTA

During summer months in Canada it is hard not to notice construction everywhere. The construction industry has had and will continue to have significant challenges in finding reliable labour. Often employers resort to hiring workers without authorization to work in Canada. Further compounding the issue for employers is the fact that there is an aging workforce in this industry, as younger generations are pursuing white collar jobs. Therefore, a recent announcement by the Minister of Immigration, Refugees and Citizenship with regards to a temporary program for construction workers without status in the Greater Toronto Area that will allow them to become permanent residents is welcomed news. He cited labour shortages in the construction industry in this region as the driving force behind this initiative.
Applications will be accepted starting January 2, 2020. There are 500 spots: 400 for those who legally entered Canada as a temporary resident and previously received authorization to work in the construction industry and have filed Canadian tax returns, and 100 for those who legally entered Canada as a temporary resident. Applications will be accepted until January 1, 2022 or until 500 applicants and their family members have been granted permanent residence, whichever comes first.
All applicants must meet the following eligibility criteria:
  • Have continuously resided in Canada for at least five years on the date of their application;
  • Are currently working without authorization in the construction industry in the GTA and able to provide evidence of three years of full-time work experience within the past five years in construction in the GTA in the eligible occupations*
  • Demonstrate language ability at Canadian Language Benchmark 4 for speaking, listening, reading and writing;
  • Have family (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew or cousin) living in Canada who is a Canadian citizen or permanent resident, or a spouse, common-law partner or child in Canada (regardless of immigration status);
  • Have a referral letter signed by the Canadian Labour Congress attesting that the applicant meets the above conditions; and
  • Not be inadmissible but for having overstayed as a temporary resident and worked without authorization (this applies to the applicant and accompanying family members).
Those with refused or pending refugee claims are not eligible to apply.
Corporate Immigration Law Firm is experienced in advising employers and foreign nationals on immigration issues. We were recently named one of Canada’s top 10 boutique immigration firms by Canadian Lawyer Magazine. Contact one of our immigration lawyers today for assistance.

*Eligible occupations are NOC codes starting with 72, 73, and codes 7441, 7521 and 7611. See http://noc.esdc.gc.ca/English/noc/welcome.aspx?ver=16 for details.