All posts by admin

IMPLIED STATUS IS GRANTED ONCE YOU APPLY BEFORE EXPIRY

IMPLIED STATUS IS GRANTED ONCE YOU APPLY BEFORE EXPIRY

 

By Atty. Henry Moyal

 

  1. I arrived in Canada as a worker over one year ago. I then married my Canadian girlfriend in Canada and submitted the PR application with extension of my work permit. It has been so long and no reply has been received from IRCC to date. My work permit has now expired. Do I need to worry or leave the country?

 

  1. You do not need to leave to Canada. As long as you applied for the work permit extension prior to the date of expiry of your current work permit then you need not worry. You have implied status until a decision is made. However, in some cases, I have seen situations where an applicant tries to send the application without a lawyer’s help which results in the sponsorship application being returned for missing a document/information. In that case, it can get messy because the “implied status” is only granted because of the pending sponsorship. If that sponsorship is returned to you ( for whatever reason), then your status as a worker also falls apart and you will need professional assistance to get your status back on track.

 

 

  1. I entered Canada as a visitor in 2018. Shortly after arrival I was charged with assault and my trial is still pending. My criminal lawyer thinks I have a good chance but in the meantime my visitor status keeps on getting renewed due to the trial.. What will happen to my status once the trial is over? Can I marry my partner and file an application while I have a pending charge?

 

  1. You do not have a conviction – only a charge. While a charge does not make you inadmissible to Canada, in my experience Canada Immigration will not move forward on a sponsorship until the criminal matter is finalized. In my opinion, you need to have a plan looking forward because if you have been in Canada for 3 years as a visitor due to the criminal matter, it may be unlikely that you will be able to stay longer as a visitor if you are acquitted. Therefore, plan ahead on what you want to do immigration wise.

 

  1. I applied for permanent residence and open work permit under the Home Support Worker program last year. I have not received any news from Canada Immigration yet. My employer who sponsored me just died. What do I need to do now? Is this a problem?

 

  1. Technically, you do not have a valid job offer that supports an application. As well, applicants have a duty to inform IRCC of any material changes on their application. Best to obtain professional assistance to rectify the situation.

 

  1. In May 2021, Canada Immigration allowed 40,000 applicants who completed studies in Canada to apply for PR. That program was full in one day. Is IRCC planning on extending it or re-opening the same program after November 2021?

 

  1. There is no way to know the answer but the federal minister has stated that he is open to tweak programs and may extend if need be. We will see but my feeling is that it will not be extended as qualified applicants always have the option of applying under the regular CEC route.

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

2021 PARENT & GRANDPARENT SPONSORSHIP INTAKE RULES ANNOUNCED

2021 PARENT & GRANDPARENT SPONSORSHIP INTAKE RULES ANNOUNCED

By Atty. Henry Moyal

 

The mystery around immigration processing never stops. In a bold move, the Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, announced today that Immigration, Refugees and Citizenship Canada (IRCC) will not accept new expression of interest applications for the parent / grandparent 2021 sponsorship intake.

While he announced that IRCC will invite a record number 30,000 people to apply under the 2021 intake, it was announced that the selection process will be from the pool of unselected applications from the 2020 intake program. Therefore, applicants who did not get selected in the last round of invitations, have a second opportunity. Very creative.

Invitations to apply will be sent over the course of 2 weeks, starting the week of September 20, 2021. Those who are invited to apply will have 60 days to submit the application.

Regarding income level, it is important to mention that for the 2020 tax year, the income requirement will continue to be the minimum necessary income, instead of the minimum necessary income plus 30%, and will allow regular Employment Insurance benefits and temporary COVID-19 benefits, such as the Canada Emergency Response Benefit, to be included towards the sponsor’s income. This measure will ensure that applicants are not penalized for losing income during the pandemic.

 

In other news, IRCC has also eased the border measures for fully vaccinated USA residents and USA citizens.

Effective August 9, 2021, fully vaccinated citizens and permanent residents of the United States (U.S.), currently residing in the U.S., will be permitted to enter Canada for discretionary (non-essential) travel. Entry to Canada will continue to be prohibited for U.S. travellers who are not fully vaccinated and for all other foreign nationals, unless they already meet an exemption set out in the Orders made under the Quarantine Act.

To be eligible to enter Canada, fully vaccinated American citizens and permanent residents must have received the full series of a vaccine – or combination of vaccines – accepted by the Government of Canada at least 14 days prior to entering Canada. Currently, those vaccines are manufactured by Pfizer-BioNTech, Moderna, AstraZeneca/COVISHIELD, and Janssen (Johnson & Johnson). Travellers can receive their vaccine in any country, and must provide evidence supporting their vaccination in English, French or with a certified translation (along with the original).

In addition, fully vaccinated travellers must also:

  • provide COVID-19-related information electronically through ArriveCAN (app or web portal) including proof of vaccination prior to departing for Canada (subject to limited exceptions);
  • meet the pre-entry testing requirements;
  • be asymptomatic upon arrival; and
  • have a paper or digital copy of their vaccination documentation in English or French (or certified translation, along with the original) ready to show a government official on request.

All travellers must still present a suitable quarantine plan, and be prepared to quarantine, should they not meet all of the conditions required to be exempt from quarantine. They will also be required to follow public health measures in place, such as monitoring for signs and symptoms of COVID-19, wearing a mask when in public and keeping a copy of their vaccination documentation and test results – as well as a list of close contacts and locations visited – for 14 days after entry to Canada. For air travel, passengers continue to have to wear a mask in Canadian airports and on board flights to, from and within Canada, with few exceptions, and regardless of their vaccination status.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

APPLY NOW FOR SPONSORSHIP OF UNDECLARED FAMILY MEMBERS

APPLY NOW FOR SPONSORSHIP OF UNDECLARED FAMILY MEMBERS

 

By Atty. Henry Moyal

 

When a person applies to become a permanent resident, they are required to declare all of their family members (spouse, common-law partner, dependent children, dependent child of a dependent child), even if they are not accompanying the principal applicant to Canada.

The consequence for failing to have a non-accompanying family member declared is a lifetime bar on being able to sponsor that family member.

However, two years ago Canada Immigration opened the door a little and became lenient on those who did not declare family members. Under the new public policy of September 9, 2019, qualified sponsors did not need to fear that they would deported or that they would be refused. The pilot program basically forgave those misrepresentations and no questions are asked as to why the sponsor did not declare their child or spouse.

However, this golden parachute is ending soon. Qualified applicants must submit their application prior to September 9, 2021. Incomplete or deficient applications will be returned unprocessed so it is vital to have all documents properly submitted. Since it can take months to prepare a proper full application, it is crucial to start applications now and not wait until the last minute as it is unknown if the pilot program will be extended and/or expanded.

 

In other news this week:

 

Starting June 21, 2021, any applicant who holds a valid Confirmation of Permanent Residence (COPR) may travel to Canada.

Under the previous rules, applicants who held a valid COPR issued on or before March 18, 2020, were exempt from Canada’s travel restrictions. Those who held a valid COPR issued after March 18, 2020, could only come to Canada if they met another exemption or were coming from the US to settle permanently in Canada.

As discussed before, a COPR’s validity, which can last for up to one year, is tied to the applicant’s passport and their immigration medical examination. Many applicants were not able to travel to Canada before their COPRs expired due to the travel restrictions or other COVID-19 related considerations. IRCC is contacting applicants who were already exempt from the travel restrictions to reissue them a COPR. For applicants with expired COPRs issued after March 18, 2020, there is still no information on how to enter Canada as IRCC has not made any announcement for such individuals and/or whether new medicals are required.

Individuals whose COPR has expired should not book flights or attempt to travel to Canada until they receive a new COPR from IRCC.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

MAKE SURE YOU QUALIFY BEFORE APPLYING FOR PERMANENT RESIDENCE

MAKE SURE YOU QUALIFY BEFORE APPLYING FOR PERMANENT RESIDENCE

 

By Atty. Henry Moyal

 

  1. I’m a worker in Canada and recently applied for permanent residence under the new TR to PR Pathway as I finished my one year course in nursing at Seneca College. I did not have my English language test at the time of submission but I have it now. How can I send it to Canada Immigration?

 

  1. I am a little confused. As you know, there are three main streams or types of applications that are under the umbrella of TR to PR Pathway. It appears to me that your stream was the post-secondary education stream. However, the one year program you describe above is not eligible. Second, the instructions clearly indicate to provide the IELTS score at the start, not after. In fact, the instructions clearly indicate that all documents must be submitted at the start except for medical or police clearances which you can show efforts made. My gut feeling is that you did not qualify for the stream and took one of the 40,000 precious spots which could have been given to someone else. I would seriously suggest obtaining professional assistance to look into what you submitted and to rectify the deficiencies, if possible.

 

  1. My consultant filed an application years ago under the Interim Pathway Caregiver program. Time was running out due to submission deadline and the application was submitted with only ten months of work experience. After two years of waiting, we just received a letter stating that my application was refused because I was not eligible. My consultant says he cannot appeal to the court because he is not a lawyer.

What can I do now?

 

  1. You consultant is correct. He is not a lawyer. He does not have a license to practice law and obviously is not qualified to do any immigration work. If you were not eligible at time of submission, then the immigration officer was 100% correct to refuse you. Having a lawyer go to federal court, in my opinion, will not give you the result you want and need. There are other programs that you may be eligible for now as a caregiver, so it is best to explore those options. If you do decide to pursue another application, go to a different consultant ( regardless of what false promises your past consultant makes).

 

  1. I finished a Bachelor degree from York University and I applied for a post graduate work permit. I assumed that the work permit would be issued for 3 years but I only got 13 months. Why so short if I completed a Bachelor degree in Canada?

 

  1. Check the validity of your passport. You are correct that the duration should be 3 years but work permits cannot exceed the date of validity of passport. If your passport will expire soon, extend the passport and then apply for an extension of the post graduate work permit for the balance of 23 months owed to you. Note that these type of permits can only be filed on paper – not online.

 

  1. I’m a Canadian citizen who is in a relationship with a woman in Manila. We were planning on marrying last year but Covid hit. With the quarantine rules, I cannot leave my work in Canada to travel to see her.

We are both legally separated from previous spouses and we want to build a family but it seems like it cannot be advanced due to this pandemic. I know that there is a travel ban and only essential workers can enter Canada. If so, should I get her a work permit to work at a hospital as she is a nurse? How else can she come?

 

  1. You can certainly try to get her a position at a hospital but the hospital would of course need an LMIA ( labour marker assessment). Second, your partner would need to obtain a license as a nurse to practice in Ontario. That is one route. Another route, would be to invite her to visit you on the condition that you have been in an exclusive relationship for one year and spent time together. Those type of relationship are exempt from the current Covid travel ban.

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

ONLY ONE YEAR OF WORK EXPERIENCE REQUIRED TO OBTAIN PERMANENT RESIDENCE  

 

ONLY ONE YEAR OF WORK EXPERIENCE REQUIRED TO OBTAIN PERMANENT RESIDENCE

 

 

By Atty. Henry Moyal

 

Are you working in Canada? Do you have at least one year of work experience or 1560 hours of work? If yes, there is no better time to become a permanent resident than now.

There is no age requirement. There is no education required. No job offer is required. No show money/settlement funds is required.

If you are in Canada and have valid status you qualify if you have the required work experience in any of the following occupations.

Application are only accepted until November 5, 2021.

Eligible occupations are:

Cashiers

Service Station Attendants

Store shelf stockers, clerks and order fillers

Sales Occupations

Home support workers, housekeepers and related occupations

Nurse aides, orderlies and patient service associates

Welders

Electricians

Occupations in support of health services

Social and community service workers

Nurse’s aide, orderlies

Nurses or nursing coordinators or LPN’s

Physicians

Dentists

Chiropractors

Dieticians

Occupational Therapists

Physiotherapists

Medical Lab Technicians

Medical sonographers and xray technicians

Dental assistants and dental hygienists

Massage Therapists

Machinists

Plumbers

Carpenters

Tile Setters

Bricklayers

Concrete Finishers

Plasterers

Painters

Repairers

Truck Drivers

Bus Drivers

Taxi Drivers

Delivery and courier service drivers

Construction trades helpers and labourers

Landscape labourers

Cleaners

Janitors

Couriers and messengers

Child Care providers

Butchers

Security Guards

Customer Service Representatives

Factory workers in food and beverage processing

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

CAREGIVERS FINALLY GIVEN PRIORITY FOR PERMANENT RESIDENCE

CAREGIVERS FINALLY GIVEN PRIORITY FOR PERMANENT RESIDENCE

 

 

By Atty. Henry Moyal

 

Unlike past immigration ministers, it appears that the current Honorable Marco Mendicino, Federal Immigration Minister is taking his job seriously and genuinely cares about the impact that caregivers provide to this country. Perhaps he has his own caregiver or perhaps it is well known that his constituency and riding is made up of a large Filipino population.

His recent statements are promising.

Caregivers from abroad play an important role in supporting the care needs of Canadian families across the country. Caregivers have come to Canada for decades to provide in-home care and support to Canadians, and in response he has made available pathways to permanent residence for caregivers and now has implemented a policy to get the applications fast tracked.

In particular, a new public policy, effective May 3, 2021 will facilitate the granting of permanent residence for caregivers who applied under the Home Child Care Provider Class or the Home Support Worker Class in 2020, but whose applications were not entered into processing due to delays related to the COVID-19 pandemic.

Mr. Mendicino went on to say that the COVID-19 pandemic has caused great disruption to life in Canada and around the world, including to application processing at IRCC. This has meant that most applications received in 2020 under these Pilots could not be processed during that year. Now, he is taking action and the policy with facilitate the granting of permanent residence for caregivers who applied recently.

 

The following are the eligibility requirements for the main applicant:

  1. Must have submitted an application under the Home Child Care Provider Class or Home Support Worker Class that:
    1. was received by Immigration, Refugees and Citizenship Canada in 2020; and,
    2. was not reviewed in 2020 to ensure that the application met the requirements specified in section 10 of the Regulations and according to the application kit requirements in place at the time the application was received by the designated office;
  2. Meets the eligibility criteria of the pilot class in which they had applied;
  3. Is not inadmissible pursuant to the Act and the Regulations.

 

The following are the eligibility requirements for family members of the main applicant who outside of Canada (and who are also eligible to become permanent residents):

  1. the family member residing outside Canada has been included as an accompanying family member in an application described in (a) which is being processed under this public policy;
  2. the family member meets the definition of family member in subsection 1(3) of the Regulations;
  3. the family member is not otherwise inadmissible pursuant to the Act and the Regulations; and
  4. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) to receive permanent residence pursuant to this public policy.

In other caregiver news, effective immediately, Canada Immigration announced it will prioritize 6000 applications by the end of 2021.

In particular, IRCC will

  • finalize permanent residence applications for up to 6,000 caregivers who have completed their in-Canada work experience and their immediate family members, by December 31, 2021
  • make at least 1,500 first-stage decisions on applications for the Home Child Care Provider and Home Support Worker pilots by June 30, 2021
    • Prioritization of these decisions will allow more caregiver work permits to be issued for those who have valid job offers to work for families in Canada.
  • increase the digitization of caregiver applications
  • ensure applicants receive acknowledgement of receipt letters by May 31, 2021

.Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

ACT FAST TO APPLY FOR NEW PR PATHWAY PROGRAM

ACT FAST TO APPLY FOR NEW PR PATHWAY PROGRAM

 

By Atty. Henry Moyal

 

It’s a good time to be in Canada if you are seeking to become a permanent resident. Starting May 6, 2021 there are two main programs starting that will easily allow applicants to take advantage of a once-in-a- lifetime pathway for temporary residents currently in Canada.

The process is expected to take about 6 months to process and applicants in Canada can include their spouse and children even if the depandants are living outside Canada.

Applications will only be accepted from May 6, 2021 – November 5, 2021 and will last only for that time or when the cap is full. So acting fast is crucial.

The quota will be 90,000 applications and will be distributed as follows:

20,000 applications for temporary foreign workers in health care ( all/most health care fields qualify)

  • 30,000 applications for temporary foreign workers in other selected essential occupations  (examples are cashiers, clerks, attendants, labourers, drivers, caregivers)
  • 40,000 applications for international students who graduated from a Canadian institution

 

The two main programs are:

 

Workers in Canada

 

Must have at least one (1) year of full-time work experience, or the equivalent in part-time experience (1,560 hours), in Canada, in an eligible occupation in health care of essential service occupation

Be employed in Canada in any occupation at the time that the application for permanent residence is received;

Have attained a level of proficiency of at least benchmark 4 in English or French

Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time the application for permanent residence is received and when the application is approved;

 

International Students with an approved Completed Canadian Educational Credential

 

Must have completed a program of study prior after January 2017, a program of study at a Canadian DLI which is:

.

    • a degree (Associate, Bachelor’s, Master’s, or Doctorate) which must be a degree issued on completion of a program of at least 8 months in duration; or
    • a degree, diploma, certificate, or attestation issued on completion of a program of any duration leading to an occupation in a skilled trade; or
    • one or more diploma/certificate/attestation where the following conditions are met:
      • For diplomas/certificates/attestations, each program of study must be at least 8 months in duration and the combined length of the credential(s) must be equivalent to a two-year credential (at least 16 months in duration).

Have been authorized to study throughout their education in Canada;

Be employed in Canada with a valid permit in any occupation and must not be self-employed

Have attained a level of proficiency of at least benchmark 5 in either English of French

Reside in Canada with valid temporary resident status (or be eligible to restore their status) and be physically present in Canada at the time the application for permanent residence is received and when the application is approved;

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

WHO CAN AND WHO CANNOT VISIT CANADA DURING COVID

WHO CAN AND WHO CANNOT VISIT CANADA DURING COVID

 

 

By Atty. Henry Moyal

 

There is much confusion and often changing rules on who can travel into Canada during the pandemic. For the last year, Canada Immigration has imposed travel restrictions on those who wish to Canada for discretionary non-essential purposes. For simplicity, let’s just say that mostly no one can enter Canada during Covid ( even if you have a valid visitor visa or ETA) unless you fall under a travel exemption. The following outlines who can visit and who cannot.

 

 

You can travel to and enter Canada if you’re a

  • Canadian citizen
  • permanent resident of Canada
  • person registered under Canada’s Indian Act
  • protected person

or a Foreign National.

 

If you are a foreign national, you must meet the requirements for one of the following and be:

To be eligible, you must be both

  • an immediate family member of a Canadian citizen, person registered under Canada’s Indian Act or permanent resident
  • staying in Canada for 15 days or more

An immediate family member is defined as a

 

You do not need a written authorization confirming that you’re exempt from the travel restrictions.

 

 

or

 

 

 

To be eligible, all of the following must apply:

  • You’re an extended family member of a Canadian citizen, person registered under Canada’s Indian Act or permanent resident.
  • You’re staying in Canada for 15 days or more.
  • You have written authorization from Immigration, Refugees and Citizenship Canada (IRCC).

To be considered an extended family member of a Canadian citizen, person registered under Canada’s Indian Act or permanent resident, it depends on who you’re related to and how.

If your relationship is with a Canadian citizen, person registered under Canada’s Indian Act or permanent resident

You must be

  • in an exclusive dating relationship, have been in the relationship for at least 1 year and have spent time in the physical presence of that person at some point during the relationship
    • You and the person you’re in the relationship with must both be 18 years of age or older.
  • a non-dependent child (adult child)
  • a grandchild (dependent child of a non-dependent adult child)
  • a sibling, half-sibling or step-sibling
  • a grandparent

If you’re related to the spouse or common-law partner of a Canadian citizen, person registered under Canada’s Indian Act or permanent resident

You must be a

  • non-dependent child (adult child)
  • grandchild (dependent child of a non-dependent adult child)
  • sibling, half-sibling or step-sibling
  • grandparent

If you’re related to someone in an exclusive dating relationship with a Canadian citizen, person registered under Canada’s Indian Act or permanent resident

You must be a

  • dependent child
  • non-dependent child (adult child)
  • grandchild (dependent child of a non-dependent adult child)

To qualify, you must

  • complete an application for authorization and statutory declaration form
  • request written authorization

 

 

or

 

 

 

 

If you’re a foreign national travelling to Canada for a compassionate reason, you must get an authorization from the Public Health Agency of Canada (PHAC) to travel to and enter Canada.

Examples of compassionate reasons can include

  • being present during the final moments of life of a loved one
  • providing support to a person deemed critically ill
  • providing care to a person who medically requires support
  • attending a funeral or end-of-life ceremony

 

All other foreign nationals

To be eligible, you must meet one of the following requirements:

  • You must be travelling directly from the US for a non-discretionary purpose.
  • You must be exempt from the travel restrictions and be travelling for a non-discretionary purpose.

 

 

.Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

COVID VACCINATION ROLLOUT IGNORES THOSE WITHOUT IMMIGRATION STATUS

COVID VACCINATION ROLLOUT IGNORES THOSE WITHOUT IMMIGRATION STATUS

 

By Atty. Henry Moyal

 

It is hard to turn on the news or read a newspaper without mention of the rising Covid numbers or Covid vaccination rollout plans.

In fact, it has been the exact same saga for over a year but many are now breathing a sigh of relief now that Canada has a proper vaccination program in place.

The provinces now have a detailed sign up schedule depending on age and whether one is a health care worker. The goal, of course, is to vaccinate enough of the population immediately to eradicate the Covid virus and everyone can get back to their normal lives. In other words, it’s a safety concern for every person living in Canada. Everyone needs to feel comfortable knowing that the person next to them has been vaccinated and virus free.

The problem however is that there are hundreds of thousands of people in Canada who cannot get vaccinated because they do not have a OHIP card and do not have any government identification.

They are in Canada breathing the same air and standing next to you in the grocery store but are not eligible for vaccinations regardless of their age. They are those with no status in Canada who have likely overstayed their initial stay or have been refused and are no longer in status. This is a concern for all Canadians and we are all in the same Covid boat. Currently, in order to be vaccinated a person must show their valid OHIP card and a government piece of ID. Illegal immigrants have neither.

The City of Toronto recently announced that “ every resident of Toronto will have the opportunity to be vaccinated regardless of documentation or status”.

That may be what is said but logistically on the ground it is not happening. While other city spokespersons have stated that an OHIP card may not be required in future, they have failed to explain what other type of ID will be accepted. It should also be remembered that many undocumented persons have no identification or perhaps an old driver’s license from their home country.

To add to the dilemma, many undocumented workers are in fear that getting the vaccine will somehow cross-reference data with Canada Immigration and lead to deportation.

The bottom line is that Canada must allow all persons in Canada to have full access to the vaccine regardless of status or identification – simply ignoring the problem puts us all at risk.

Undocumented people need real assurances knowing they will not be put at greater risk by accessing the vaccine. This is not an immigration issue but a health issue for us all.

 

.Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

TAKE ADVANTAGE OF COVID-19 TIMES

TAKE ADVANTAGE OF COVID-19 TIMES

 

By Atty. Henry Moyal

 

  1. I have read that it is getting easier to become a permanent resident during Covid-19. I also read that the draw number for skilled workers was very low at 75 last month. Have the laws changed allowing more people to immigrate?

 

  1. The laws have not changed and the selection process has not changed. However, Canada Immigration is strategically trying to find ways to grant more immigrant visas because the numbers have been very low due to Covid-19. As such, the draw number did go down to 75 which allowed many people to become immigrants – but the laws remained the same. For example, the minimum threshold for English proficiency did not change and applicants still have to have at least one year of work experience. Similarly, students who graduate from a Canadian program can automatically obtain work permits to Canada. That law did not change but due to Covid-19 , Canada Immigration is allowing online instruction as eligible credit.

Another example, is that workers on post grad work permits can automatically obtain an extension for 18 months – no LMIA/job offer is required. Quite unprecedented.

In general then, it seems that now is the time to take advantage of Canada Immigration’s “generosity” and to submit an application in any category one is qualified. Just like the pandemic, no one can predict what will happen.

 

  1. I have tried to get a strong score in the IELTS for my application but after three tries I cannot seem to score sufficient points. Is there a law or a way for me to apply with a low IELTS? It is not a easy test and I have completed a Master degree. What can be done?

 

  1. Unfortunately, if you do not meet the minimum threshold, Canada Immigration will not accept the score. If possible, I suggest you take the easier test – CELPIP. That may be better for you.

 

  1. I just received a refusal on my application because Canada Immigration has stated that my NBI Police Clearance is not valid. The NBI clearance clearly states “ no criminal record”.

I don’t understand what the problem is?

 

  1. I agree that the “rule” or instructions are confusing and quite unfair. Despite the wording “ no criminal record”, if the NBI stipulates NO CRIMINAL RECORDNO PENDING CASEor RECORD AS STATED, you submit the additional documentation such as a written explanation from the NBI regarding this remark and court documents for the criminal charges.

 

 

  1. I was a visitor in Canada in 2017 and married a Canadian Citizen. He sponsored me and I became a PR in early 2019. As soon as I became an immigrant he started to demand many things including requiring me to stay home and not work. He completely changed and I left the house. I am now living with a student in Canada and want to sponsor him so he can become an immigrant. Will immigration get mad that I left my husband when he is the one to sponsor me?

 

  1. I don’t think IRCC will be mad. However, under immigration law you cannot sponsor your new boyfriend. Since you yourself were sponsored as a spouse, you must wait at least 5 years from the time of your landing to sponsor another spouse.

 

 

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

NUMBER OF PERMANENT RESIDENTS ADMITTED TO CANADA DROP DRAMATICALLY  

 

 

By Atty. Henry Moyal

 

There are two sides to every coin. In the world of immigration the same can be said on the outlook of government processing of visas.

On one hand when the Canadian government sets a high target on the number of immigrants it will allow into Canada each year, it usually shuts out many who are not qualified and who are not able to be meet the cut. Many argue that the higher the number of immigrants means a healthier economy. On the other side of the spectrum, Covid has drastically lowered the number of immigrants and now many are trying to figure out how to boost up the numbers despite the travel restrictions in place.

In reality the numbers recently published by Canada Immigration show a dismal outlook and trend from 2015 to now.

The following chart represents the number of permanent residents admitted to Canada:

 

Year                Number of PR

2015                271,835

2016                296,370

2017                286,510

2018                321,058

2019                341,178

2020           173,865

 

How then does Canada Immigration increase the numbers during Covid? The answer seems to be to concentrate on those who are already in Canada including easy transition to PR status for visitors, workers and students.

Those discussions are currently on the table and soon to be announced.

One example is the extension of the PGWP program giving qualified workers an additional 18 months to obtain the work experience required to apply for permanent residence.

 

To be eligible applicants must meet the following requirements and apply by July 27, 2021:

  1. The post-graduation work permit (PGWP)
    1. expired on or after January 30, 2020, or
    2. will expire within 4 months from the date you apply for this open work permit.

 

  1. Must be in Canada as of January 27, 2021 and have stayed in Canada since then.

 

  1. Must have either:
    1. have a temporary resident status (this could be from having a valid PGWP, visitor record, or another permit that allows you to stay in Canada), or
    2. lost your temporary resident status, but you’ve already applied to restore it, or
    3. lost your temporary resident status, but you’ll apply to restore it at the same time as applying for this open work permit

 

  1. Must have a valid passport.
    1. The work permit will be issued for up to 18 months from the date of approval or until your passport expires, whichever comes first. For example, if your passport is valid for 6 months, then you will be issued an open work permit for 6 months.
    2. To maximize the duration of the open work permit, make sure your passport is valid for at least 18 months from the date of approval.

You can only get this open work permit once, and it cannot be extended. If your passport is valid for 18 months or longer, then you’ll be issued an open work permit for up to 18 months.

 

.Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

NEW YEAR SPARKS NEW IMMIGRATION & ENTRY RULE

 

By Atty. Henry Moyal

 

The national lockdown due to Covid’s second wave may have kept most at home and somber but as the world ushered in a new year, Canada Immigration was busy planning changes in the first week of 2021.

Highlights are:

  • New Home Child Care Pilot Program (HCCP) has re-opened. As many are aware, the annual 2750 quota for HCCP applicants was filled towards the end 2020 and the government site warned applicants that the program was full and to wait until 2021. On January 4, 2021 that warning was removed paving the way for another 2750 hopeful applicants in the year 2021.

 

  • The much awaited Parent / Grandparent Sponsorship program has opened and those who applied in 2020 are now being selected in the lottery style system. Only 10,000 applications will be selected and the random draws commenced January 5, 2021 over a ten day period.

 

  • Applicants who lost status in Canada and cannot leave due to Covid or chose not to leave have until August 31, 2021 to restore their status. Eligible applicants are only those whose status ( either as a visitor or worker or student) expired or will expire between January 30, 2020 to May 21, 2021. The regular statutory period for restoration is 90 days. The new rule gives applicants much more time to restore status.

 

  • Effective January 7, 2021 all persons entering Canada who are over the age of 5 must present documentary evidence of a negative PCR Covid-19 test result taken within the last 72 hours prior to boarding a flight to Canada. This requirement is in addition and separate from the mandatory 14 day quarantine plan requirement. The sudden impact on travelers caught many off guard and caused great confusion especially during the holidays. The following Q & A should clarify some of the most common questions.

 

Will all air passengers travelling to Canada be required to have a negative COVID-19 test result?

Starting January 7, 2021, anyone flying to Canada from another country, unless exempted, will be required to provide written or electronic documentation showing they received a negative result from a COVID-19 test conducted within 72 hours prior to their scheduled boarding.

The test must be performed using a COVID-19 molecular polymerase chain reaction (PCR) test. Without a negative COVID-19 test, travelers will be denied boarding onto their flight.

Is the 72 hours starting at the beginning of the trip or the scheduled time arriving in Canada? Is the time related to the time of the test, or when the results are provided?

A COVID-19 molecular polymerase chain reaction (PCR) test must have been conducted within 72 hours prior to boarding a flight to Canada. In other words, the specimen should be within three days prior to the flight, with the expectation that the results will come in the intervening period.

This timing recognizes that it may take a few days for passengers to receive their results following a PCR test. In addition, flights may be delayed due to unforeseen circumstances, outside the air carrier’s control.

What will happen if travelers can’t get a COVID-19 test in the country they are in? Can they still board a flight and get tested in Canada? Is there another option in Canada when they land if they are not able to get a COVID-19 test abroad?

Persons who are travelling from a country where PCR testing is unavailable will be required to report to a designated Public Health Agency of Canada quarantine facility for the duration of their mandatory 14-day quarantine. Delays in obtaining test results does not apply.

Which COVID-19 tests are official/acceptable?

The test result must be from a lab accredited by an external organization (e.g., a government, a professional association or ISO accreditation). Only written or electronic proof of a negative lab test result (PCR test) conducted within 72 hours prior to boarding a flight to Canada will be accepted.

Will passengers still require temperature checks with this new requirement in place?

At this time, yes. All existing health requirements, including health check questions, temperature screening and the wearing of masks on board flights to Canada remain in place.

Can the airline refuse boarding if a traveler doesn’t have / can’t get a test? 

Yes. Unless otherwise exempt, presentation of a valid negative test to the airline will be a condition of boarding a flight to Canada and therefore, an airline will be required to refuse boarding to travelers that are unable to demonstrate this.

Who is exempted from this requirement?

Those exempted from this requirement include children who are not five years of age or older.

Other exemptions include:

a)  a crew member or a person who seeks to enter Canada only to become such a crew member

b)  Emergency service providers

c)  Technical stops – flights refueling

 

Would a proof of the vaccine replace the test?

At this time, proof of having a vaccine will not replace a negative test result. While a vaccine protects an individual from illness, further evidence is required to understand if a vaccinated person can still shed virus.

Why won’t the pre-boarding testing reduce quarantine measures?

Pre-boarding testing is another measure adding to our layers of protection but it can still miss some COVID-19 infections. The 14-day quarantine is the most effective measure we know for limiting the spread of COVID-19.

Who will pay for the cost of a PCR test abroad?

Travelers should contact their travel insurance provider (whether they have a group, an individual or a credit-card type of insurance) to find out what their COVID-19 related medical expenses coverage include.

For travelers who do not have travel insurance, we strongly recommend they get insurance immediately and make sure that it covers for COVID-19-related medical expenses, other non-COVID-19 emergency-related expenses, as well as trip cancellation and interruption. Read the fine prints and verify the terms, conditions, limitations, exclusions and requirements of your insurance policy.

Otherwise, travelers are expected to cover any cost related to being tested and obtaining the proof of their test result.

.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

FARM WORKERS FROM TRINIDAD & TOBAGO CAN OBTAIN OPEN WORK PERMIT

 

Immigration, Refugees and Citizenship Canada implements public policy to help stranded temporary workers from Trinidad and Tobago

Effective December 16, 2020—A temporary public policy has been put in place to help agricultural workers from Trinidad and Tobago who are stranded in Canada due to COVID-19-related travel restrictions in their home country.
While Canada continues to discuss solutions with the government of Trinidad and Tobago to enable the workers to return home, this public policy ensures they can maintain their legal status if they remain in Canada through the winter months.
Under the policy, which will be in effect until February 12, 2021, workers will be able to apply for temporary status and get a 6-month open work permit. This should allow them to find other employment and apply for any other government support they may be entitled to, such as employment insurance. This action is part of a broader effort to support the needs of these workers, including emergency accommodation.
While the vast majority of workers who came to Canada this spring were able to return home prior to the expiry of their permits, Immigration, Refugees and Citizenship Canada stands ready to respond appropriately and to support any other workers who find themselves in similar circumstances.

Henry Moyal, Immigration Lawyer
416 733 3193

canada@moyal.com

CITIZENSHIP TESTS AND CONFIRMATION OF PERMANENT RESIDENCE NOW ONLINE

CITIZENSHIP TESTS AND CONFIRMATION OF PERMANENT RESIDENCE NOW ONLINE

 

 

By Atty. Henry Moyal

 

The Covid-19 pandemic has changed us all and has changed the way we interact. It seems like each day there are new procedures for every facet of our living – Citizenship & Immigration Canada processing is not immune to it. This week, IRCC announced new procedures for those becoming permanent residents and also for those seeking Canadian Citizenship.

 

CITIZENSHIP TESTS TO BE DONE ONLINE

 

 

Immigration, Refugees and Citizenship Canada (IRCC) has launched a new platform for online citizenship tests. To become a Canadian citizen, all citizenship applicants aged 18 to 54 must successfully pass the citizenship test. Online testing allows clients to complete the test at a time convenient to them, within 21 days. It will also help prevent the spread of COVID-19 by limiting gatherings of individuals and protecting clients and IRCC staff as the department strives to limit in-person interactions.

This new platform is being tested over the next few months. During this time, a limited number of clients—those whose tests were cancelled due to the pandemic and those who are on the waiting list—will be invited to take the online citizenship test.

Clients do not need to reach out to IRCC, as the clients who will be invited to take the online test will receive an email.

If they prefer, clients may also wait until the in-person tests resume.

 

NEW PERMANENT RESIDENCE PORTAL

 

As in-person interviews have been cancelled due to Covid-19, applicants in Canada are being issued Confirmation of Permanent Residents virtually and via a new portal.

Through this portal:

  • you can declare you’re in Canada
  • you can confirm your address
  • you can submit a recent photo we will use to make your PR card
  • we can give you access to your proof of permanent resident (PR) status

Each family member must have their own username and password.

 

To start, applicants must first receive an invitation to confirm their email and address. Then after creating an account another email will be sent to upload a photo and obtain the eCOPR.

 

BIOMETRICS APPOINTMENTS TO BE SCHEDULED ONLINE

 

The Service Canada appointment system for scheduling biometrics appointments will reopen online on Monday, November 30, 2020.

This is good news for immigration applicants as they will now be able to book their own biometrics appointments online.

Since mid-September, Service Canada officers have been calling clients to schedule biometrics appointments. But as of November 30, clients who have not been contacted should use the online scheduling tool to schedule their own appointment, as stated in their biometrics instruction letter.

Clients should choose the closest Service Canada office to them for their appointment. Only clients with appointments will be able to use the service, as walk-in service is not available.

Permanent residence applicants who have not enrolled their biometrics within the past 10 years will require an appointment to fulfill the biometric requirement of their application.

Public policies exempting temporary residence applicants in Canada, and permanent residence applicants who have enrolled their biometrics in the last 10 years, continue to be in effect.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

What exactly is Implied Status and when does it apply?

What exactly is Implied Status and when does it apply?

 

By Atty. Henry Moyal

A worker or student or visitor in Canada are considered temporary residents as they have a limited time by which they are authorized to remain in Canada. A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law ( Regulation 183(5) until a decision is made. Such a person is considered to have “implied status” as a temporary resident during that period.

 

In other words, as long as an applicant submits their renewal application before expiry date, the applicant’s status is kept intact and continues to have such status until Canada Immigration makes a final decision on the renewal application – regardless of how long it takes.

While many applicants feel uncomfortable remaining in Canada with no official “ paperwork or document” beyond the expiry date, Regulation 183(5) is the law that saves them.

Further, it is important to not that if a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.

 

But what happens if a person leaves or is required to leave Canada during the implied status period?

A temporary resident with implied status who has left Canada may be allowed to:

  • re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt or on a multiple-entry visa.

Applicants cannot however resume work or study in Canada until their application for renewal has been granted.

It should be noted that this applies to foreign nationals who are TRV exempt and to those with multiple-entry visas. Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt. In this case, their period of authorized stay is extended, pending a decision.

  • apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the regulations.

Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE.

 

What are the different outcomes with implied status applications?

  • If the extension is approved, the date of issue shown on the document represents the date a decision was made.
  • If the extension is refused, the applicant is considered in status until the day the decision is made on their application. Applicants may be eligible for restoration of status.
  • If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

 

CANADA IMMIGRATION TO ACCEPT 1.2 MILLION NEW IMMIGRANTS IN THE NEXT THREE YEARS

CANADA IMMIGRATION TO ACCEPT 1.2 MILLION NEW IMMIGRANTS IN THE NEXT THREE YEARS

 

 

By Atty. Henry Moyal

 

Has the pandemic slowed down immigration? While everyone is affected by the pandemic in one way or another whether your local restaurant has shut down or local gym has closed, it seems that Canada Immigration is ramping up business – not slowing down.

This month, the Honourable Marco Mendicino, Minister of Immigration, Refugees and Citizenship, tabled the 2021‒2023 Immigration Levels Plan, which sets out a path for increases to immigration targets to help the Canadian economy recover from COVID-19, drive future growth and create jobs for middle class Canadians.

The pandemic has highlighted the contribution of immigrants to the well-being of our communities and across all sectors of the economy. Our health-care system relies on immigrants to keep Canadians safe and healthy. Other industries, such as information technology companies and our farmers and producers, also rely on the talent of newcomers to maintain supply chains, expand their businesses and, in turn, create more jobs for Canadians.

Immigration, Refugees and Citizenship Canada (IRCC) has continued to accept and process applications throughout the pandemic. However, the global travel restrictions and capacity constraints led to a shortfall in admissions over the last several months. To compensate for the shortfall and ensure Canada has the workers it needs to fill crucial labour market gaps and remain competitive on the world stage, the 2021 to 2023 levels plan aims to continue welcoming immigrants at a rate of about 1% of the population of Canada, including 401,000 permanent residents in 2021, 411,000 in 2022 and 421,000 in 2023. The previous plan set targets of 351,000 in 2021 and 361,000 in 2022.

This multi-year levels plan recognizes the importance of family reunification and Canada’s global commitment to protecting those most at risk through refugee resettlement.

Highlights of the plan include

  • an increase in admissions over the 3 years of the plan to make up the shortfall in 2020
  • a focus on economic growth, with about 60% of admissions to come from the Economic Class
  • a continued focus on innovative and community-driven approaches to address diverse labour and demographic needs across the country
  • a renewed commitment to capacity-building and digital transformation in Canada’s immigration system, to support operations and mitigate the impacts of COVID-19 on the processing of applications
  • additional points for French-speaking candidates under Express Entry, to promote the growth of Francophone communities outside of Quebec
  • a commitment to admit up to 500 refugees over the next 2 years through the Economic Mobility Pathways Project, an innovative approach that helps qualified refugees apply for permanent residence through existing economic immigration pathways
  • a pathway to permanent residency for eligible asylum claimants who were working on the front lines of the pandemic between March 13 and August 14, 2020, providing direct care to patients in health-care institutions

With a total of 1.2 new immigration from 2021–2023 Canada’s goal is to be the place among the world’s top destinations for talent and creating a strong foundation for economic growth while reuniting family members with their loved ones and fulfilling Canada’s humanitarian commitments.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

HOW TO ENTER CANADA AS A VISITOR DURING CURRENT COVID TRAVEL RESTRICTIONS

 

 

HOW TO ENTER CANADA AS A VISITOR DURING CURRENT COVID TRAVEL RESTRICTIONS

By Atty. Henry Moyal

 

Travel restrictions have been in place since March 2020 which essentially restricts entry to Canada to people who are coming to Canada for non-essential purposes.

New rules now permit certain family members and non family members to enter Canada during Covid-19. Each group has its own criteria as detailed below:

 

Group 1: Entering Canada with immediate family members who are Canadian citizens or permanent residents

An “immediate family member” is defined as a

You do not need a written authorization from Canada Immigration. If this category applies to you, then you are automatically exempt from the travel restrictions.

To qualify and to board your flight to Canada, you must

  • follow all airline requirements and pass a health check conducted by airline officials to confirm that you don’t have symptoms of COVID-19, including a fever, a cough and difficulty breathing
  • tell the airline that you’re exempt from the travel restrictions
  • make sure you have a valid travel document (visitor visa or electronic travel authorization [eTA], if required) and a passport that is valid to come to Canada
  • present proof to show that you’re an immediate family member of a Canadian citizen or Canadian permanent resident
    • You must be able to provide evidence of one of the following:
      • You’ll stay in Canada for 15 days or more.
      • You’re travelling for an essential (non‑discretionary) purpose.

You must have 2 types of documents:

  • one that shows your immediate family member’s status as a Canadian citizen or permanent resident
  • one that shows your relationship to that family member

 

 

Group 2: Entering Canada to unite with extended family members who are Canadian citizens or permanent residents

To be considered an extended family member of a Canadian citizen or permanent resident, it depends on who you’re related to and how.

If your relationship is with a Canadian citizen or permanent resident, you must be

  • in an exclusive dating relationship, have been in the relationship for at least 1 year and have spent time in the physical presence of that person at some point during the relationship
  • a non-dependent child (adult child)
  • a grandchild (dependent child of a non-dependent adult child)
  • a sibling, half-sibling or step-sibling
  • a grandparent

If you’re related to the spouse or common-law partner of a Canadian citizen or permanent resident, you must be a

  • non-dependent child (adult child)
  • grandchild (dependent child of a non-dependent adult child)
  • sibling, half-sibling or step-sibling
  • grandparent

If you’re related to someone in an exclusive dating relationship with a Canadian citizen or permanent resident, you must be a

  • dependent child
  • non-dependent child (adult child)
  • grandchild (dependent child of a non-dependent adult child)

To qualify under this group your family member must complete an application for authorization and statutory declaration form which must be signed by you and family member. The form is then sent to Canada Immigration for approval. Once Canada Immigration has issued the authorization letter, the traveler must show the authorization to the airline to board a flight/enter Canada. It is valid for 6 months. Do not book a flight to Canada until written authorization is obtained.

To board your flight to Canada, you must:

  • follow all airline requirements and pass a health check conducted by airline officials to confirm that you don’t have symptoms of COVID-19, including a fever, a cough and difficulty breathing
  • make sure you have a valid travel document (visitor visa or eTA, if required) and a passport that is valid to come to Canada
  • tell the airline that you’re exempt from the travel restrictions and present a copy of the completed application for authorization and statutory declaration as well as the written authorization
  • be prepared to provide additional proof to show that you’re an extended family member of a Canadian citizen or Canadian permanent resident if asked
    • for example, a birth certificate or other documents that show a family connection, such as documents that show a shared address
  • be able to provide evidence of one of the following:
    • You’ll stay in Canada for 15 days or more.
    • You’re travelling for an essential (non-discretionary) purpose.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

2020 PARENT SPONSORSHIP PROGRAM OPENS OCTOBER 13, 2020

 

2020 PARENT SPONSORSHIP PROGRAM OPENS OCTOBER 13, 2020

 

Immigration Newsweek

 

By Atty. Henry Moyal

 

 

The much anticipated Parent / Grandparent Sponsorship (PGP) program is set to open October 13, 2020 for only a three week period. Readers will remember that the program was suppose to start January 2020 but technical difficulties caused IRCC to delay its opening. Then Covid-19 came and the PGP was put on hold and set as a low priority. To their defense, IRCC has always indicated that the 2020 would open and not pushed over the next year. As promised, IRCC has now announced that 10,000 applications will be selected at random making this sort of a lottery system. The good news is that sponsors are no longer required to wait by the computer for the program to open and hope to “get in” before it closes. It is trite to say that last year’s system of selection was ridiculous, unfair and discriminatory to those who did not have computers or high speed internet. Current sponsors with disabilities or who cannot access online forms can submit on paper.

 

The current selection process gives sponsors some much deserved breathing room to submit their interest forms within a three week window. The unfortunate reality is that it is a lottery and the chances of being selected will be about 1 in 15 based on previous numbers.

 

To those who are not selected should not despair. IRCC has announced that in 2021 ( perhaps in January 2021) another selection program will start where 30,000 applications will be selected.

 

Another positive aspect of the program is that it provides leniency to sponsors may have been financially impacted by the exceptional circumstances of the COVID-19 pandemic. As such, IRCC is introducing a temporary public policy that will reduce the income requirement for the 2020 tax year to the minimum necessary income, instead of the minimum necessary income plus 30%.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

EASING OF BIOMETRICS REQUIREMENTS ANNOUNCED UNDER COVID

EASING OF BIOMETRICS REQUIREMENTS ANNOUNCED

 

By Atty. Henry Moyal

 

The pandemic has caused havoc for applicants who have applied to come to Canada and for those who are in Canada waiting for their applications to be processed.

The difficulty such applicants face is not so much the delayed processing but Biometrics collection. Under new rules, all applicants must have their photos and fingerprints taken at an approved Service Canada location in Canada or VAC office outside of Canada when applying for any type of visa. Many applicants have paid the $85 Biometrics fee and received a letter demanding them to provide Biometrics within 30 days. The problem is that all Service Canada / VAC offices have been closed since March 2020. So how is a person suppose to do their Biometrics? Canada Immigration has clearly stated that the deadline imposed on Biometric letters are automatically extended but there is no indication as to when offices will be open to accept appointments for Biometrics.

This week however, Canada Immigration announced two key changes to those requiring to provide Biometrics.

 

 

  • Biometric Exemption for Permanent Residence Applicants with previous biometrics on file

PR applicants are now exempt from the Biometrics collection requirement whether they are  inside or outside Canada if they have both:

·         a pending or new application for permanent residence, and

·         previously provided their biometrics for any type of previous visa within the last 10 years

 

2)      Permanent Residence Applicants in Canada with no previous Biometrics on file

 

If you are in Canada, have applied for permanent residence and received a biometric instruction letter (BIL) Service Canada officers will call you at the telephone number you provided in your application to schedule your biometrics appointment. There is no additional fee to pay, and you don’t need a new BIL. Service Canada will start calling those who have been waiting the longest to give their biometrics, based on date application was submitted and location of residence.

You will need your IRCC application file number to schedule an appointment and no additional fee is required. Service Canada will not ask for any financial information.

It is important to note that for the time being applicants under this program should not contact Service Canada directly and should wait until they are contacted.

 

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193

 

 

 

NEW LAWS FOR WORK PERMITS FOR STUDENTS STUDYING ONLINE

NEW LAWS FOR WORK PERMITS FOR STUDENTS STUDYING ONLINE

By Atty. Henry Moyal

  1. I’m an international student who was expected to study in the fall 2020 at Seneca College. I cannot enter Canada due to Covid-19. How is Canada helping people like me?

 

  1. One of the most affected groups during these unprecedented pandemic times are students. Due to Covid-10 many international students who would like to study in Canada this fall are facing uncertainty due to travel restrictions. As such, IRCC has announced 3 new programs on post-graduation work permit eligibility for students beginning programs online.

According to IRCC policy, these changes are being implemented to provide more flexibility on eligibility rules for the Post-Graduation Work Permit Program for students who need or want to start their Canadian study program online from abroad.

The changes are:

  1. Students may now study online from abroad until April 30, 2021, with no time deducted from the length of a future post-graduation work permit, provided 50% of their program of study is eventually completed in Canada.
  1. Students who have enrolled in a program that is between 8 and 12 months in length, with a start date from May to September 2020, will be able to complete their entire program online from abroad and still be eligible for a post-graduation work permit.
  2. Students who have enrolled in a program with a start date from May to September 2020 and study online up to April 30, 2021, and who graduate from more than one eligible program of study, may be able to combine the length of their programs of study when they apply for a post-graduation work permit in the future, as long as 50% of their total studies are completed in Canada.

To be eligible for these measures, students must have submitted a study permit application before starting a program of study in the spring, summer, or fall 2020 semester, or the January 2021 semester. All students must eventually be approved for a study permit.

 

  1. Me and my spouse are already in Canada and she just completed her 2 years diploma course and waiting for her certificate. Our visa is expiring on December 25, 2020.  Spouse is going to apply for post graduation work permit soon and no issues related to that.

 

I am on a open work permit and working here in IT since last 5 months. Can I apply for post grad work permit too?

 

  1. You can only apply for an open work permit extension when your wife gets a job in any NOC category ( 0, A or B). In order to be more specific spouses or common-law partners of skilled people coming to Canada as foreign workers may themselves be authorized to work without first having an offer of employment. A dependent spouse is eligible to apply for an open work permit if the principal foreign worker
  • holds a work permit that is valid for a period of at least 6 months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of 6 months;
  • is employed in an occupation that falls within National Occupational Classification (NOC) skill type 0 or skill levels A or B (which generally include management and professional occupations and technical or skilled trades [see the NOC website]);
  • physically resides or plans to physically reside in Canada while working.

Second, if the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permitworking holiday work permit), IRCC cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.

.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193