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

4. Must have a valid passport.

1. 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

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

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

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?

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

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

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

• spouse or common-law partner
• dependent child
• dependent child of a dependent child
• parent or step-parent
• guardian or tutor

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

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

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

By Atty. Henry Moyal

19. 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.

2020. 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 permit, working 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

VISITORS CAN NOW APPLY FOR A WORK PERMIT FROM INSIDE CANADA WITHOUT HAVING TO LEAVE

Immigration Newsweek

By Atty. Henry Moyal

1. I’m a visitor in Canada and have a job offer from a Canadian employer. I cannot leave Canada due to Covid. How can I get my work permit?
2. New rules were just published that benefit new. Usually, a visitor in Canada must obtain their initial work permit from outside Canada. Effective immediately, due to Covid, visitors in Canada with a job offer are able to apply for an employer-specific work permit and receive the permit without having to leave the country.

To be eligible, applicants must

• have valid status in Canada as a visitor on August 24, 2020 and remain in Canada (applicants who arrive in Canada as visitors after August 24, 2020, are not eligible

• have a job offer

• submit an application for an employer-specific work permit that is supported by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment, no later than March 31, 2021

1. I’m a live in caregiver in Barrie and work overtime most weekends. When I asked my employer to pay for the extra hours they refused. I also want to spend weekends at my sister’s home in Toronto but my employer demands that I stay in the home as I am a live in. How can I explain to my employer that he is breaking the rules?

1. The live in requirement is no longer permitted as the laws have changed. You should explain to the employer that the law in Ontario requires them to pay you 1.5x your hourly wage after 44 hours. That is the law. In reality, forcing the law against your employer may put a strain on your relationship resulting in you being fired. While the employer cannot fire you for knowing the law, they will just find an excuse to let you go. It is clear that you are being abused as the employer is committing several violations. It is for this exact reason that Canada Immigration has started the Vulnerable Worker program. In the past, caregivers and worker like you would just suffer for fear that you will not become a permanent resident. The good news is that the vulnerable work permit is an open work permit that will allow you to find a new employer and gain legal employment towards permanent residence.

1. I’ve been working in Canada in several jobs after graduating from Seneca College. I do not have one year of work experience with one employer. I do have over one year of experience but with three separate employers of four months each. Is that acceptable to apply for permanent residence?

1. It depends on the type of work and the program you are applying under. As well, you should keep in mind that work experience is only one factor of many. Assuming you meet the other criteria, you can accumulate 12 months of work experience with several employers only under the Canadian Experience Class program. As well, the work experience must be a skilled position under NOC O, 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

REGULAR IMMIGRATION PROCESSING HAS RESUMED

Immigration Newsweek

By Atty. Henry Moyal

2020. I sent an application to Case Processing Centre in Sydney, NS to sponsor my wife in the Philippines in February 2020. I have heard nothing since then. It has been over six months and I am wondering why I did not receive any acknowledgment and if this will delay the entire application?

2020. Processing at the Case Processing Centre in Sydney came to a halt on March 15, 2020. While applications were still being received, not much has happened by way of processing due to Covid-19 and limited resources. Processing resumed on July 29, 2020 and they have now started to send out acknowledgments of applications filed in January 2020. So you can assume the same processing times you were experiencing before the pandemic with a few months months added on. Hopefully they will start to close the gap as there is no doubt that the number of applications filed since March 2020 was significantly low (er) due to the difficulty in obtaining documents to file the actual application.

1. I’m on an IEC open work permit holder.  It is expiring in one month. I recently married a Filipina Canadian woman and we want to file the sponsorship together with my open work permit. If I file the work permit before the IEC expires, will I be able to continue to work or do I need to wait until I receive the spousal sponsorship work permit.?
2. The law states that an applicant may work in Canada without a work permit “until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;

Further, the law states that an applicant may apply for the renewal of their work permit if
(a) the application is made before their work permit expires; and
(b) they have complied with all conditions imposed on their entry into Canada.

Is your IEC work permit an open work permit? Are you applying before the expiry?

Did you comply with the conditions of the IEC work permit?

If yes to all of the above, then in my opinion, the answer to your question is yes. You have implied status and you can work.

1. I sponsored my wife who lives in Manila over a year ago. Her immigrant visa was ready in December 2019 but she could not travel to Canada as her mother was ill. Then came Covid-19 and her COPR has now expired.

Do I need to sponsor her all over again?

1. You should contact IRCC to let them know that you were not able to travel. In general, if COPR was issued before March 18, 2020, an applicant

• is exempt from the travel restrictions
• can travel to Canada for non-discretionary reasons with the COPR and PRV in order to settle and live in Canada as a permanent resident and
• must have an acceptable plan to quarantine for 14 days in Canada

Applicants must check the issue date in the Application Details section of their COPR to see if this applies to them.

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

Immigration Newsweek

By Atty. Henry Moyal

Did you lose immigration status after January 20, 2020? It is common knowledge that temporary residents in Canada must renew their status before it expires. But what if a person didn’t? Normally, visitors students or workers in Canada have 90 days after their immigration status expires to apply to Immigration, Refugees and Citizenship Canada (IRCC) to restore it. That has been the rule for decades.

In other words, an applicant has 90 days after the expiry of their status to restore that status which must be accompanied by the $200 “penalty’ fee.

However, during the COVID-19 pandemic, many have faced difficulty finding flights home especially with air travel limited around the world. As well, many do not feel comfortable leaving their homes to venture on to a plane.

As a result of the pandemic and its associated challenges, IRCC has issued a public policy that provides an extension to apply for restoration beyond the current 90-day timeframe for foreign nationals in Canada. Workers, students and visitors whose status expired after January 30, 2020, and who remained in Canada have until December 31, 2020, to apply to restore their status, provided they meet the requirements for the type of status and authorization they are applying to restore.

Further, the new policy also allows former work-permit holders applying for an employer-specific work permit to work while a decision on their restoration application is pending. To do so, they need to

• have a job offer
• submit a work permit application that is supported by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment

In a similar vein, temporary residents in Canada are no longer required to do biometrics and do not need to pay for biometrics. Applicants are exempt from giving biometrics if they are in Canada and are applying from within Canada:

• to extend their stay as a student, worker or visitor
• to restore their status as a student, worker or visitor
• for a work or study permit
• for a visitor visa
• for a temporary resident permit

This applies to all new applications as well as applications already in progress.

It applies even if the online application system asks to pay a biometric fee (CAN$85). Applicants under this new policy do not have to pay the biometric fee, even if the system says to pay it.

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

OUT OF STATUS APPLICANTS HAVE UNTIL DECEMBER 31, 2020 TO RESTORE STATUS

JULY 14, 2020:

Visitors and study or work permit holders in Canada normally have 90 days after their temporary immigration status expires to apply to Immigration, Refugees and Citizenship Canada (IRCC) to restore it.

During the COVID-19 pandemic, temporary residents who remained in Canada have been encouraged to renew their work or study permits to maintain their legal status in Canada. However, the pandemic has had an impact on the ability of temporary residents to provide complete applications, and on IRCC’s ability to process them. In addition, many temporary residents have had difficulties finding flights home, with air travel limited around the world.

As a result of the pandemic and its associated challenges, a new public policy has been implemented that provides an extension to apply for restoration beyond the current 90-day timeframe for foreign nationals in Canada. Former workers, students and visitors whose status expired after January 30, 2020, and who remained in Canada will now have until December 31, 2020, to apply to restore their status, provided they meet the requirements for the type of status and authorization they are applying to restore.

Henry Moyal, Barrister & Solicitor
8 Finch Ave. West
Toronto, Ontario
M2N 6L1  Canada

Tel: 416 733 3193
Fax: 416 733 3742

canada@moyal.com

www.moyal.com

BIOMETRICS EXEMPTIONS ANNOUNCED DURING COVID

July 14, 2020

Biometrics exemption for temporary residence applicants in Canada

As a temporary measure, you’re exempt from giving biometrics if you’re applying from within Canada

• to extend your stay as a student, worker or visitor
• to restore your status as a student, worker or visitor
• for a work or study permit
• for a visitor visa
• for a temporary resident permit

This applies to all new applications as well as applications already in progress.

It applies even if

• your application form for a work permit, study permit or visitor visa says it’s for applicants outside Canada
• our online application system asks you to pay a biometric fee (CAN$85)

This temporary measure does not apply if you’re outside Canada.

Henry Moyal, Immigration Lawyer

www.moyal.com

IN-CANADA APPLICANTS MUST FILE APPLICATIONS ELECTRONICALLY

Immigration Newsweek

By Atty. Henry Moyal

Just in time for the pandemic, Canada Immigration is now requiring all applicants who are in Canada as temporary residents and are seeking to extend their temporary resident status or their authorization to work or study must apply by electronic means only, unless otherwise specified.

To be specific, the following applications must be made by the electronic means – which means that applicants can no longer send paper based applicants ( unless unable to do so due to a disability).

• an application for an extension of an authorization to remain in Canada as a temporary resident
• an application that is made in Canada for a work or study permit or for renewal of such a permit
• an application for the restoration of temporary resident status
• an application that is made pursuant to a youth mobility arrangement entered into by Canada

The following applications are exempted:

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 RESUMES PROCESSING OF VISITOR APPLICATIONS POST PANDEMIC

As of July 1, 2020, Immigration, Refugees and Citizenship Canada (IRCC) will once again process online applications for visitor visas (including transit visas) and electronic travel authorizations (eTAs), to the extent possible.
Resuming processing and making final decisions where possible on visitor applications will help IRCC ensure future processing times aren’t significantly impacted and help expedite people’s travel when the travel restrictions are lifted.
However, due to current travel restrictions, applicants should keep in mind that, even if they apply and get a visitor visa or eTA, most people will not be able to travel to Canada at this time.

Henry Moyal, Immigration Lawyer

ENTERING CANADA DURING THE PANDEMIC

Immigration Newsweek

By Atty. Henry Moyal

There is no doubt that these are unprecedented times and 2020 will always be known in history as the year of the Covid-19 pandemic. There is also no doubt that the pandemic has taken everyone by surprise and many have questions on proper safety protocol and the future of immigration. However, those following IRCC in the news will know that Canada Immigration did not / has not stopped processing applications for permanent residence. While physical offices have been closed and in person interviews have been cancelled, Canada Immigration has been business as usual and working electronically.

The main changes in IRCC processing during pandemic has been however those seeking to enter Canada. The following are the guidelines:

Canada Border Services Agency (CBSA) will deny entry to any foreign national who displays symptoms of COVID-19 or whose travel is for an optional or discretionary purpose, such as tourism, recreation or entertainment.

If You Are Coming to Canada for Work:

Travelling from the United States (U.S.):

Foreign nationals seeking to enter Canada from the U.S. must:

1. Not display symptoms of COVID-19; and
2. Must be able to demonstrate that they can meet the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2; and
3. Not be travelling for an optional or discretionary purpose, such as tourism, recreation or entertainment.

If you meet conditions 1 and 2, the purpose of your travel will be considered non-optional or non-discretionary if:

Your place of habitual residence is in Canada and you hold a valid work permit; or

You are coming to Canada for the first time to begin your employment and are in possession of a valid work permit or a work permit approval letter, and have proof of employment at a Canadian business which is operating; or

You do not have a valid work permit or an approval letter but are eligible to apply for a work permit at a port of entry pursuant to section 198 of the Immigration and Refugee Protection Regulations and have proof of employment at a Canadian business which is operating.

Travelling from a Country Other than the U.S.

Foreign nationals seeking to enter Canada from a country other than the U.S. must:

1. Not display symptoms of COVID-19; and
2. Qualify for an exemption listed in section 3(1) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States); and
3. Not be travelling for an optional or discretionary purpose, such as tourism, recreation or entertainment.

If you meet conditions 1 and 2, the purpose of your travel will be considered non-optional or non-discretionary if:

Your place of habitual residence is in Canada and you hold a valid work permit; or

You are coming to Canada for the first time to begin your employment and are in possession of a valid work permit or a work permit approval letter, and have proof of employment at a Canadian business which is operating.

It should also be noted that in accordance with Immigration, Refugees and Citizenship Canada (IRCC) program delivery guidelines, work permit applicants travelling to Canada from a country other than the U.S. must have approval from IRCC prior to travel. If you are travelling from a country other than the U.S., you will not be permitted to make an application for a work permit at the port of entry.

If you are flying to Canada, you can expect that your airline agent will conduct a health check to ensure that you are healthy enough to fly. In addition, the airline agent may also ask that you provide proof of your eligibility to travel and that you meet all conditions for travelling to Canada set out above. Failure to do so may result in the airline not permitting you to travel.

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

WILL CANADA IMMIGRATION SUSPEND VISA PROCESSING DURING PANDEMIC?

So far the answer is no. Canada Immigration is still processing applications despite closure of their physical offices.

However, south of the border is a different story. On June 22, 2020, President Trump issued a proclamation barring many categories of foreign workers and curbing immigration visas through to Dec 31 2020, to protect U.S. workers reeling from job losses amid the coronavirus pandemic. The measures will apply only to new applicants seeking to come to the United States.

Many companies in the technology sector, landscaping services and the forestry industry will suffer greatly. It excludes agricultural laborers, health-care professionals supporting the pandemic response and food-service employees. The freeze announced Monday will apply to the H1-B visa category for highly skilled workers, the H-4 visa for their spouses and the L visas companies use to transfer international employees into the United States.

Henry Moyal, Barrister & Solicitor
8 Finch Ave. West,
Toronto, Ontario
M2N 6L1  Canada

Tel: 416 733 3193
Fax: 416 733 3742

canada@moyal.com

www.moyal.com

Immigration Newsweek

By Atty. Henry Moyal

1. I’ve been working at a farm in Canada and I want to become an immigrant. I do not have high education and I do not have any relatives in Canada. My occupation is not a trade. I seem to be stuck and ineligible for all current programs. How can I become a permanent resident?
2. You are correct. Qualified agricultural workers who cannot fit into the current express entry programs ( federal skilled, registered trade for example) seem to have been forgotten and fallen through the cracks.

It seems Canada Immigration has been listening to the needs of the industry and this month will help address the labour needs of the Canadian agri-food sector, particularly in year–round mushroom and greenhouse crop production, meat processing and livestock raising industries. The new program is for applicants who have at least one year of work experience in Canada in one of the following nine occupations:

• NOC B 6331 – Retail butchers
• NOC C 9462 – Industrial butchers
• NOC B 8252 – Farm supervisors and specialized livestock workers
• NOC D 9617 – Food processing labourers

• NOC B 8252 – Farm supervisors and specialized livestock workers
• NOC C 8431 – General farm workers
• NOC D 8611 – Harvesting labourers

• NOC B 8252 – Farm supervisors and specialized livestock workers
• NOC C 8431 – General farm workers

Applicants do not need a college diploma or university degree. Applicants only require high school education, a job offer and a modest level of English proficiency.

1. I have applied for permanent residence under express entry. My score is over 400 but still not high enough to be selected. My sister lives in Vancouver and just had a baby and needs help as she has three boys. Can she sponsor me under the new caregiver program? Do I need to cancel my express entry application to do that? Can I apply for the caregiver application while I am in Canada?

1. There are several issues here. First, can you apply for both the express entry application and caregiver pilot at the same time? Yes.

Can your sister provide the requisite job offer? Yes but there are other factors. Canada Immigration cannot refuse the application on the sole basis that she is your sister. That is not valid. However, if Canada Immigration feels that your sister is offering the job solely to assist you with your immigration application it will be refused as Canada Immigration will determine that the job offer was not genuine. You have stated that your sister has three children? The ages may matter. As well, how was she handling caregiver needs up to now? Does she have sufficient income to pay the wages for a caregiver? Is your sister married or a single mom? All these factors will play part in determining if the job offer will be considered to be valid.

If it is , the you will be issued an open work permit for 36 months. However, the next issue is where will the work permit be issued?

Only the following persons can obtain a work permit in Canada and file in-Canada application while currently in Canada:

• have a valid study or work permit, are on implied status or eligible for restoration
• your spouse, common-law partner or parents have a valid study or work permit
• you’ve graduated from a program at a:
  • Canadian university
  • community college
  • publicly funded trade/technical school
• you have a temporary resident permit that is valid for 6 months or more
• you’re allowed to work in Canada without a work permit but you need a work permit to work in a different job

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