Starting fall 2023, Canada will welcome up to 11,000 Colombians, Haitians and Venezuelans through a new humanitarian permanent residence pathway.

Colombian, Haitian and Venezuelan foreign nationals located in Central or South America or the Caribbean who have extended family connections in Canada will be eligible to apply for this new pathway. To qualify, the principal applicant must be a child (regardless of age), grandchild, spouse, common-law partners, parent, grandparent or sibling of a Canadian citizen or permanent resident.

Contact Attorney Henry Moyal, Immigration Lawyer for more details.

www.moyal.com

canada@moyal.com

416 733 3193

Atty. Henry Moyal

BREAKING NEWS:

As of October 1, 2023, upfront medical examinations are no longer required at the time of application for Express Entry. Applicants must wait for instructions before going for a medical examination.

Applications sent before Oct 1 2023 must provide a medical or application will be rejected as incomplete.

Henry Moyal, Immigration Lawyer

www.moyal.com

416 733 3193

canada@moyal.com

By Atty. Henry Moyal

The reuse of biometrics was first implemented with the Bio expansion back in 2018 where biometrics collected under the TR stream would be valid for 10 years and reused for any subsequent TR application. So, outside of the pandemic situation the use of biometric would be like following:

–          TR stream: Applicants are required to provide their biometrics if they are applying for the first time, or they provided their biometrics more than 10 years ago. Any biometrics collected in support of a TR application will be valid for a 10-year period.

–          PR stream: applicants are required to provide biometrics in support of any PR applications regardless of previous biometrics being collected and still valid. It is to be noted that the Biometrics collected in support of a PR application will remain valid until the application is finalized and closed.

–          Reuse of bio TR to TR: Biometrics that are still valid can be reused for any subsequent TR applications.

–          Reuse of bio TR to PR: Biometrics collected in support of a TR application cannot be reused for any subsequent PR applications.

–          Reuse of bio PR to TR: Biometrics collected in support of a PR application can be reused for any subsequent TR application as long as the PR application remains open.

–          Reuse of bio PR to PR: Biometrics collected in support of a PR application cannot be reused for any subsequent PR applications.

Attorney Henry Moyal

canada@moyal.com

416 733 3193

www.moyal.com

CANADIAN WORK PERMITS EASILY OBTAINED FOR H1B VISA HOLDERS

By Atty. Henry Moyal

Canada Immigration is making it easier again to visit Canada and has now taken action to clear the temporary residence inventory by exempting certain applicants from having to prove sufficient financial funds and proving they will leave Canada at end of their stay.

Therefore, up until December 31, 2023, the following applicants can no longer be refused a visitor visa for not having sufficient funds or for not being able to prove they will leave Canada after visiting Canada.

The following conditions are met:

1. The applicant must have
   1. submitted from outside Canada an application for a temporary resident visa as a member of the visitor class on or before January 16, 2023;
   2. was 18 years of age or older on January 16, 2023;
   3. in the four years preceding the date the application referred to in (i) was received, did not have a temporary resident visa, study permit, work permit, or permanent resident visa application refused, if they were not subsequently approved for an application for a temporary resident visa, work permit or study permit;
   4. did not submit the application referred to in (i) using the electronic form identified for the Canada-Ukraine Authorization for Emergency Travel initiative, or by any other means that is made available or specified by the Minister for the Canada-Ukraine Authorization for Emergency Travel;
   5. did not request in their application referred to in (i) that the temporary resident visa be granted as a super visa in accordance with the Ministerial Instructions regarding the Parent and Grandparent Super Visa, that came into force on July 4, 2022 or the Ministerial Instructions regarding the Parent and Grandparent Super Visa, that came into force on December 1, 2011.
2. The foreign national
   1. holds a temporary resident visa that was issued following facilitation under (1); and
   2. seeks to enter Canada as a visitor for the first time following the issuance of the temporary resident visa described in (i).

In other news, IRCC has starting targeting applicants in the express entry pool related to STEM occupations and expediting applicants in the following occupations:

data scientists, software developers and programmers, mathematicians, statisticians and actuaries, and electrical and electronics engineers.

Finally, starting July 16, 2023, IRCC will allow 10,000 H1B visa holders from USA to come work in Canada and obtain 3 year work permits. No job offer required.

This is a creation of an open work permit stream for H-1B specialty occupation visa holders in the US to apply for a Canadian work permit, and study or work permit options for their accompanying family members. It is ground breaking and the first of its kind in Canadian history.

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

MANY FILIPINOS NO LONGER REQUIRE VISITOR VISAS TO ENTER CANADA

By Atty. Henry Moyal

In a huge announcement this week, the Honourable Sean Fraser, Minister of IRCC, announced the addition of 13 countries to the electronic travel authorization (eTA) program. The Philippines is one of those countries.

What this means is that travellers from these countries no longer need to apply for a TRV or Visitor Visa to enter Canada by air. They simply need to go online and pay the $7 for an ETA.

The condition however is that the traveler first must have either held a Canadian visa in the last 10 years or the traveler currently holds a valid United States non-immigrant visa .Effective immediately, eligible travellers from these countries can benefit from the program:

• Antigua and Barbuda
• Argentina
• Costa Rica
• Morocco
• Panama
• Philippines
• St. Kitts and Nevis
• St. Lucia
• St. Vincent and the Grenadines
• Seychelles
• Thailand
• Trinidad and Tobago
• Uruguay

Individuals who already have a valid visa can continue to use it to travel to Canada. Those who are not eligible for an eTA, or who are travelling to Canada by means other than air (for example, by car, bus, train and boat—including by cruise ship), will still need a visitor visa or TRV.

In other news this week, IRCC, for the first time in history will now target the express entry draws to occupations in demand. As such, applicants sitting in the express entry pool with lower CRS scores will be drawn even if below the draw number as long as their occupation is one in demand.

For 2023, IRCC has selected the following in demand categories:

1. French-language proficiency
2. Healthcare occupations
3. Science, Technology, Engineering and Math (STEM) occupations
4. Trade occupations
5. Transport occupations
6. Agriculture and agri-food occupations

To be eligible for an invitation through a category-based round, an applicant must meet all of the requirements in the instructions for that round and IRCC will subsequently rank candidates in the pool who meet the category requirements and invite top-ranking candidates to apply for permanent residence.

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 ANNOUNCES NEW LAWS TO REUNITE FAMILIES IN CANADA

By Atty. Henry Moyal

Effective May 29, 2023, the Honorable Sean Fraser, Minister of Immigration, Refugees and Citizenship announced new measures to strengthen family reunification. In particular, the measures will make it easier for spouses of Canadian Citizens/Permanent Residents to enter Canada to join their spouses in Canada. As well, the processing times will set at 30 day processing times. Then, once in Canada, those visiting spouses will obtain an open work permit while their spousal sponsorship applications are in process.

The general summary of these unprecedented laws are:

• To allow spouses (of Citizens/PR) living outside of Canada to obtain visitor visas
• To provide faster processing times for spousal applicants
• new and dedicated processing tools for spousal TRV applicants

Once in Canada:

• provide a new open work permit for spousal and family class applicants
• open work permit extensions for open work permit holders expiring between August 1 and the end of 2023

To obtain the above noted open work permit the non-Canadian family member (foreign national) in Canada must meet the following criteria:

1. The foreign national:
   1. is a principal applicant who has submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class or as a spouse, common-law or conjugal partner under the Family Class that has been accepted for processing by Immigration, Refugees and Citizenship Canada after meeting the requirements of a complete application
   2. has submitted a work permit application
   3. is the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law or conjugal partner;
   4. has the same residential address as their sponsor in Canada at the time of application; and,
   5. has a valid temporary resident status in Canada or is eligible for and has applied for restoration of status.

OR

1. The foreign national:
   1. is a dependent child and has been included as an accompanying family member in the application for permanent residence
   2. has submitted a work permit application
   3. has the same residential address as the principal applicant and their sponsor in Canada at the time of application; and,
   4. has a valid temporary resident status in Canada or is eligible for and has applied for restoration of 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

OUT OF STATUS CONSTRUCTION WORKERS CAN APPLY FOR PR UNDER NEW 2023 PROGRAM

By Atty. Henry Moyal

IRCC has just announced a new program that rewards those who are actually illegal in Canada. In fact, not only temporarily illegal but those who have been in Canada with no status for at least 5 years.

The program is effective until January 2, 2024 and has a quota of 1000 applicants. Refugee claimants or refused refugee claimants are not eligible to apply.

The main eligibility requirements are:

1. The main applicant must have originally entered Canada legally.
2. Has continuously resided in Canada for at least five years.

1. Is working without legal authorization in the construction industry in the GTA and has accumulated, and be able to provide evidence of, three years full-time work experience within the past five years in construction industry in one of the occupations below.
2. Has family (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew or cousin or spouse or partner or child) living in Canada who is a Canadian citizen or permanent resident

If you or someone you know qualifies for the above it is important to be immediately assessed and obtain a referral from the CLC as soon as possible as there is a limited amount of applications being accepted.

Eligible Occupations:

• NOC 72010 – Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations
• NOC 72011 – Contractors and supervisors, electrical trades and telecommunications occupations
• NOC 72012 – Contractors and supervisors, pipefitting trades
• NOC 72013 – Contractors and supervisors, carpentry trades
• NOC 72014 – Contractors and supervisors, other construction trades, installers, repairers and servicers
• NOC 72020 – Contractors and supervisors, mechanic trades
• NOC 72021 – Contractors and supervisors, heavy equipment operator crews
• NOC 72022 – Supervisors, printing and related occupations
• NOC 72023 – Supervisors, railway transport operations
• NOC 72024 – Supervisors, motor transport and other ground transit operators
• NOC 72100 – Machinists and machining and tooling inspectors
• NOC 72101 – Tool and die makers
• NOC 72102 – Sheet metal workers
• NOC 72103 – Boilermakers
• NOC 72104 – Structural metal and platework fabricators and fitters
• NOC 72105 – Ironworkers
• NOC 72106 – Welders and related machine operators
• NOC 72200 – Electricians (except industrial and power system)
• NOC 72201 – Industrial electricians
• NOC 72202 – Power system electricians
• NOC 72203 – Electrical power line and cable workers
• NOC 72204 – Telecommunications line and cable installers and repairers
• NOC 72205 – Telecommunications equipment installation and cable television service technicians
• NOC 72300 – Plumbers
• NOC 72301 – Steamfitters, pipefitters and sprinkler system installers
• NOC 72302 – Gas fitters
• NOC 72310 – Carpenters
• NOC 72311 – Cabinetmakers
• NOC 72320 – Bricklayers
• NOC 72321 – Insulators
• NOC 72400 – Construction millwrights and industrial mechanics
• NOC 72401 – Heavy-duty equipment mechanics
• NOC 72402 – Heating, refrigeration and air conditioning mechanics
• NOC 72403 – Railway carmen/women
• NOC 72404 – Aircraft mechanics and aircraft inspectors
• NOC 72405 – Machine fitters
• NOC 72406 – Elevator constructors and mechanics
• NOC 72410 – Automotive service technicians, truck and bus mechanics and mechanical repairers
• NOC 72411 – Auto body collision, refinishing and glass technicians and damage repair estimators
• NOC 72420 – Oil and solid fuel heating mechanics
• NOC 72421 – Appliance servicers and repairers
• NOC 72422 – Electrical mechanics
• NOC 72423 – Motorcycle, all-terrain vehicle and other related mechanics
• NOC 72429 – Other small engine and small equipment repairers
• NOC 72500 – Crane operators
• NOC 72501 – Water well drillers
• NOC 72999 – Other technical trades and related occupations

• NOC 73100 – Concrete finishers
• NOC 73101 – Tilesetters
• NOC 73102 – Plasterers, drywall installers and finishers and lathers
• NOC 73110 – Roofers and shinglers
• NOC 73111 – Glaziers
• NOC 73112 – Painters and decorators (except interior decorators)
• NOC 73113 – Floor covering installers
• NOC 73200 – Residential and commercial installers and servicers
• NOC 73310 – Railway and yard locomotive engineers
• NOC 73311 – Railway conductors and brakemen/women
• NOC 73400 – Heavy equipment operators
• NOC 73401 – Printing press operators
• NOC 73402 – Drillers and blasters – surface mining, quarrying and construction

• NOC 75110 – Construction trades helpers and labourers

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 EASILY OBTAIN AN OPEN WORK PERMIT FOR YOUR SPOUSE

By Atty. Henry Moyal

A common question often asked by our clients is how to obtain a work permit for a spouse. Aside from the usual foreign worker requirements that are applicable to workers, there are 2 main programs that allow spouse’s to easily obtain an open work permit which does not even require a job offer and is exempt from a labor market opinion ( LMIA).

#1 – Program under Exemption Code A74

Under this program, a spouse will be issued an open work permit to applicants who are in the spouse or common-law partner in Canada (SCLPC) class prior to first-stage approval.

Under this pilot program, applicants may apply for an open work permit with, or any time after, the submission of their application for permanent residence in the SCLPC class.

Eligibility

Officers will issue open work permits to SCLPC class applicants if they meet the following requirements:

• a complete permanent residence application has been submitted under the SCLPC class and is currently being processed, or has been received by Immigration, Refugees and Citizenship Canada for processing
• a Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf,
• the SCLPC class applicant resides at the same address as the sponsor,
• the SCLPC class applicant has valid temporary resident status or their application for restoration of status with authorization to work has been received and the officer is satisfied that the SCLPC class applicant is eligible for restoration

The following do not qualify for the open work permit under this program:

• applicants who have applied for permanent residence under the SCLPC class and have been refused or have withdrawn that application before submitting the open work permit pilot application
• applicants whose application for permanent residence is being processed under the spousal public policy (subcategory “PP” in the Global Case Management System [GCMS]) on the basis that they do not have a valid temporary resident status (these applicants must wait until they receive approval in principle to be eligible to apply for an open work permit)
• applicants who have applied as members of the overseas family class, including those living in Canada
• applicants applying for the work permit pilot program at a port of entry

#2- Public Policy 2023 Program

Starting on January 30, 2023 spouses and dependent children of most work permit holders at all skill levels will be issued open work permits.

To be eligible for an open work permit you must be:

• spouse, common-law partner or dependent child of a work permit holder who
  • works in a job of any Training, Education, Experience and Responsibilities (TEER) category (0 to 5), or
  • is the principal applicant and has an open work permit (example: post-graduation work permit holders at allskill levels)
• spouse, common-law partner or dependent child of an economic classes permanent resident applicant who holds a work permit

The following are not eligible:

Spouses and dependents of workers in a TEER 4 or 5 job under the low-wage stream of the Seasonal Agricultural Worker Program and the Agricultural Stream of the Temporary Foreign Worker Program are not eligible.

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

PERSONAL SUPPORT WORKERS AND NURSE AIDES NOW ELIGIBLE FOR PERMANENT RESIDENCE

By Atty. Henry Moyal

On November 16, 2022 Canada Immigration implemented a new NOC code ( National Occupational Classification 2021) for immigration programs. By virtue of the change in categories the following 16 occupations are now eligible for permanent residence.

Foreign nationals with work experience in the following 16 occupations are now eligible to apply through Express Entry:

• • payroll administrators
  • dental assistants and dental laboratory assistants
  • nurse aides, orderlies and patient service associates
  • pharmacy technical assistants and pharmacy assistants
  • elementary and secondary school teacher assistants
  • sheriffs and bailiffs
  • correctional service officers
  • by-law enforcement and other regulatory officers
  • estheticians, electrologists and related occupations
  • residential and commercial installers and servicers
  • pest controllers and fumigators
  • other repairers and servicers
  • transport truck drivers
  • bus drivers, subway operators and other transit operators
  • heavy equipment operators
  • aircraft assemblers and aircraft assembly inspectors

It is important to note that applicants with a previously submitted application with an old (NOC 2016) code must renew their application and reconfigure their application to the new TEER (NOC 2021) system or they will not be eligible for selection. This includes PNP applications.

In other good news, Canada Immigration has again started to draw applicants under express entry which was delayed due to Covid. The latest draw was a score of high 400’s. Stay tunes the scores are expected to go lower given that Canada Immigration is gearing to grant permanent residence to 500,000 people in the next few years.

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

ALL IMMIGRATION APPLICATIONS MUST NOW BE SUBMITTED ELECTRONICALLY.

PAPER APPLICATIONS NO LONGER ACCEPTED

By Atty. Henry Moyal

It has been over a years since IRCC mandated that all work permit or visitor or study permit applications were to be filed online only.

Now, it seems that IRCC is eliminating paper applications altogether and is forcing applicant to file all applications, including permanent resident applications and sponsorship applications online.

If you don’t have a scanner now is the time to invest in one.

This week IRCC announced that in an effort to modernize Canada’s immigration system and improve client service, IRCC is transitioning to 100% online applications for permanent immigration programs.

Starting on September 23, 2022 applicants must apply online according to the schedule below.  Applications that are received after the transition dates will be returned unprocessed.

Categories will transition to digital applications on the dates below.

In other news, IRCC has announced that a program is being developed to transition illegal immigrants to a permanent pathway. There are over 500,000 undocumented resident estimated to be in Canada.

Many work precarious and often exploitative jobs in construction, cleaning, caregiving, food processing and agriculture.

As well, undocumented residents face a range of vulnerabilities, including poor mental and physical health caused by social isolation and abusive working conditions.

The time is ripe to allow such individuals to apply in order to regularize their status. Details of the program and criteria will be announced soon.

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

PROGRAM EXTENDING WORK PERMITS FOR ANOTHER 18 MONTHS ANNOUNCED

By Atty. Henry Moyal

Canada Immigration has just announced that current and past students with post graduate work permits (PGWP) that have expired or will be expiring between September 20, 2021, and December 31, 2022 are eligible for an automatic extension to work for up to 18 more months. All applications must be submitted by December 31, 2022.

In particular, the new policy will allow eligible PGWP holders and former PGWP holders, including those who have valid temporary resident status, to apply from inside of Canada for an open work permit. The permit will be valid for up to 18 months or until the applicant’s passport expires, whichever comes first.

To be eligible, the applicant must:

• have maintained temporary resident status or be eligible for restoration
• have requested consideration under this public policy and have indicated the duration of the work permit they are seeking in their application (maximum of 18 months)
• submit application online starting August 2, 2022
• pay processing fee of $155

Applicants currently in Canada will also have the ability to work in the interim period while their permit is being extended or a new one is being issued.

Starting August 8, 2022, individuals with post-graduation work permits that have expired or will expire from September 20, 2021, to December 31, 2022, will receive an email indicating that they are allowed to work in the interim. Recipients can attach this email to their post-graduation work permit to show an employer they are authorized to work temporarily in Canada. This one-time measure is intended to ensure that those eligible for the additional 18-month work period can remain working or can return to the workforce while they apply for a new work permit. This interim work period will be in effect until May 31, 2023.

The new rules affect applicants in different ways depending on when an applicant’s work permit expired as follows:

1. If post-graduation work permit expires from October 2, 2022, to December 31, 2022, and address is up to date, and passport is valid through April 2024?

You don’t need to do anything. When you receive an email from IRCC to confirm your mailing address, don’t respond. An updated work permit will be sent to your mailing address by mid-October.

1. If post-graduation work permit expires from October 2, 2022, to December 31, 2022, but you need to update address and/or passport validity.

When you receive an email from IRCC to confirm your mailing address, follow the instructions in the email to let IRCC know that your mailing address needs to be updated.

If your passport validity doesn’t allow to extend your work permit by 18 months, you will not receive this initial email, but you will receive a separate email in September.

If you need to update your mailing address or your passport information, you will receive instructions by email in September on how to update your mailing address and passport validity in your online account. You will get a 2-week window to do so. If you update this information, you will receive an updated work permit in the mail by mid-November.

1. If post-graduation work permit expired or will expire from September 20, 2021, to October 1, 2022.

You will need to apply online for a work permit.

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

16 NEW OCCUPATIONS WILL NOW BE ELIGIBLE UNDER EXPRESS ENTRY

By Atty. Henry Moyal

Immigration, Refugees and Citizenship Canada (IRCC) currently uses NOC 2016 to determine the eligibility of occupations under its temporary and permanent residency programs. At present, the programs managed under Express Entry are open to occupations that are categorized as Skill Level B or above. As of November 2022, that will change with the implementation of the NOC 2021 which divides occupations into six TEER’s  (representing the requisite Training, Education, Experience, and Responsibilities) categories.

The new TEER structure would be adopted as follows:

Skill Type O ➔ TEER 0

Skill Level A ➔ TEER 1

Skill Level B ➔ TEER 2 / 3

Skill Level C ➔ TEER 4

Skill Level  D➔ TEER 5

With the implementation of NOC 2021, the programs’ eligibility cut-off will become TEER 3. As such, this will result in the following sixteen occupations becoming eligible under Express Entry, based on their updated educational and experience requirements:

Payroll administrators;

Dental assistants and dental laboratory assistants;

Nurse aides, orderlies and patient service associates;

Pharmacy technical assistants and pharmacy assistants;

Elementary and secondary school teacher assistants;

Sheriffs and bailiffs;

Correctional service officers;

By-law enforcement and other regulatory officers;

Estheticians, electrologists and related occupations;

Residential and commercial installers and servicers;

Pest controllers and fumigators;

Repairers and servicers;

Transport truck drivers;

Bus drivers, subway operators and other transit operators;

Heavy equipment operators;

Aircraft assemblers and aircraft assembly inspectors.

This is good news for applicants with a least one year of work experience ( in Canada or outside of Canada) who now will be eligible to apply for permanent residence as their work experience will be considered skilled and eligible under express entry.

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

WORK IS NOT PERMITTED DURING RESTORATION PERIOD

By Atty. Henry Moyal

1. I arrived from the Philippines last year on a work permit. It was expiring a few months ago so I applied for an extension of status even though the LMIA was not granted yet.

I did not receive the work extension nor a refusal. Do I have implied status? Secondly, the LMIA was issued a few days ago and I do not know what to do. How can I send it to IRCC? I sent IRCC a webform but no reply has been given.

A.Your scenario is exactly the problem with the delays in sending information via webform. While IRCC constantly advises that updated information should be sent via webform, in reality, thousands upon thousands of webforms are sent each day and it is taking about 6 weeks for anyone to look at it. For you, that could mean that your work permit extension application may get refused as you did not provide an LMIA. While you do have implied status now, that status will be gone once refused. If that happens you be required to send a new application called a restoration application. The problem is that you are not permitted to work during the restoration processing.

Further, under the regulations non visa-exempt applicants cannot apply for their work permit extensions at the border – which means that you cannot flagpole.

1. I entered Canada as a visitor last year. I came to Canada with my mother ( who is Canadian) as I needed to accompany her back due to illness. I wanted to stay in Canada and unfortunately I met a consultant who convinced me to file a refugee claim fearing persecution from the Philippines. I have not had my hearing yet but upon doing more research I have realized that the Philippines is not a refugee producing country and my chances are almost impossible to win. In the meantime, I met a Canadian woman and we married recently. She wants to sponsor me. Do I file the sponsorship now? or wait after my refugee hearing ? or cancel my refugee claim?

1. You are correct that the Philippines is not a refugee producing country. I do not know the basis of your claim but if it is not genuine then you are likely to be denied. Withdrawing the claim is also as dangerous as it will trigger removal proceedings which may or may not survive the sponsorship processing. You have not mentioned if the sponsorship documentation is ready as timing is not on your side. This is delicate matter and you should consult an experienced immigration lawyer to strategize accordingly.

1. I came to Canada as a student and obtained my bachelor degree. I already completed one year of work in Canada and I am about to apply under the Canadian Experience Class via Express Entry. My question is regarding my one year of work I did in the Philippine before coming to Canada. I am not sure I can get any proof of it. Do I have to include my foreign work experience? Does it really matter if I am going to only rely on my Canadian work experience?
2. If you do not want the extra points which are likely to be given for the foreign work then you do not need to mention it in your profile. As such, you will not get points for that and you will not meet the FSW criteria ( only CEC). However, you must declare all work experience at the ITA stage , even if you are not getting points. That being said, you will lose about 38 points if you omit the foreign work experience assuming your age is low and English is high. On the other hand, if you cannot prove the work you will no doubt case a problem if you are counting the points but cannot furnish proof later at ITA.

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

AMNESTY PROGRAM FOR OUT OF STATUS CONSTRUCTION WORKERS ANNOUNCED

By Atty. Henry Moyal

The construction industry has never been more busy and is facing significant labor shortages. Finally, Canada Immigration has recognized the shortage of skilled workers in this trade and has taken steps to alleviate the shortage especially due to the vulnerability of this undocumented population. The need to keep the construction industry going is so important and dire that for the first time Canada Immigration is specifically stating that applicants who are illegal in Canada can and should apply for permanent residence under this unique category.

The temporary public policy that allows out of status workers permanent residence is valid to January 2, 2023.

The following are the eligibility requirements for the main applicant:

1. Must have legally entered Canada as a temporary resident – as long as the main applicant first entered Canada with a valid visa ( any type). Entering undocumented and secretly at a land border would disqualify the applicant.

1. Has continuously resided in Canada for at least five years on the date of their application;

1. Working illegally in the construction industry in the GTA ( defined as:  City of Toronto, Durham Region, Halton Region, Peel Region, York Region) and has accumulated at least three years full-time work experience within the past five years in construction in the GTA

1. Has family living in Canada (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew or cousin) living in Canada who is a Canadian citizen or permanent resident, or has a spouse, common-law partner or child in Canada;

1. Has a referral letter signed by the Canadian Labor Congress attesting that the applicant meets the above eligibility conditions

*** In other IRCC news this week, Canada Immigration has announced that all processing fees for permanent residence will increase on April 30, 2022. In particular, government processing fees for caregivers applying for permanent residence or sponsorship applications will increase to $570 ( from $550) for adults and to $155 ( from $150) for children. Fees for PNP or Federal skilled workers will increase to $850 ( from $825) for adults and $230 for children (from $225). The Right of Permanent Residence Fee of Landing Fee will increase for every person to $515 ( from $500).

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

LMIA FOR CAREGIVERS LIVING OUTSIDE CANADA NO LONGER ACCEPTED

By Atty. Henry Moyal

1. My niece is a registered nurse in Bahrain. My neighbor’s mother just had a stroke and is in need of an in-home caregiver. I suggested that she hire my niece and to start the process to obtain an LMIA ( labor market opinion) and get a work permit to work in Canada. I heard that my niece can also apply for permanent residence. Which route is faster?
2. In 2019, IRCC Canada Immigration made significant change to the caregiver program. Firstly, IRCC stopped processing LMIA applications for caregivers who were outside of Canada.

As stated on  IRCC site:

As of June 18, 2019, we’ll no longer process new work permit applications to work as in-home caregivers if:

• you’re applying from outside Canada
• you’re applying through the Temporary Worker Program
• you’ll be working outside of Quebec, and
• your employer applied for an LMIA on or after June 18, 2019

Second, in 2019 IRCC closed several caregiver programs which were:  Interim Pathway for Caregivers, Caring for Children and Caring for High Medical Needs program.

Finally, to replace the above IRCC introduced two new programs that are currently active and with an allotment of 2750 visa per stream per year : Home Support Worker and Home Child Care Provider.

Under the HSW or HCCP programs, applicants can include all family members at the start and is a permanent resident program in addition to obtaining a work permit.

Given the above, the best approach would be for your neighbor to apply for the HSW program and enter Canada with an open work permit.

1. My friend came to Canada and unfortunately listened to an immigration consultant and filed for refugee status. The refugee claim was refused ten years ago and he was deported. A few years after that my friend changed his name and obtained a new passport/visa to come to Canada. He is in Mississauga now and we want to get married. Can I sponsor him?
2. This is a difficult scenario on so many levels. My initial concern is that your friend did not obtain an authorization to return when he came back to Canada. All persons who are deported must obtain permission to return before coming back. As well, if the new passport was genuine ( even if a new name), did he disclose the truth and answer all questions truthfully on the visitor visa application. My suspicion is that he did not tell the visa office of his past refugee claim refusal or deportation. Bottom line is that if the marriage is genuine, then yes, you can file a sponsorship application but I suspect that your friend will be contacted by CBSA regarding his past and current entry. Best to obtain proper assistance from an experienced immigration lawyer before filing any application.

1. My mother has been in Canada as a visitor for 4 years ( we keep on filing extensions) and each year I have tried to sponsor her but I never get selected in the lottery. When will the next one be announced? What is the limit of number of extensions a person can obtain?
2. As of this writing, IRCC has not yet announced when the 2022 program will re-open. In the past, IRCC has stated it would be sometime in late 2022 but given the current immigration situation due to the war in Ukraine that may all change. That being said, there is no law that quantifies exactly how many extensions a person can obtain. Each case is different. Hopefully your mother has a super visa and it is recommended that you continue to file the extensions.

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

DO NOT FILE SPOUSAL SPONSORSHIP TOO EARLY

By Atty. Henry Moyal

Q. I’m a Canadian Permanent Residence since 2015. I lived in Canada for a while and then returned to the Philippines to marry my boyfriend.

In fact, I have not lived in Canada for the last 4 years and returned to Canada last month. I want to file the sponsorship application for my husband as soon as possible because it is hard to be separated.

I don’t know if now is the right time to sponsor or should I wait?

A. Consider yourself lucky that you did not face any immigration issues upon entering Canada last month. I assume you entered with a valid PR Card which allowed you to board a plane. However, from the information provided you seem to have been in breach of the residency requirement. As a PR you are required to live in Canada for 730 days in the last 5 years. By being abroad for 4 years you were in violation of the rule and if caught you would be facing a hearing to determine whether you should remain a PR. That did not occur and you are lucky – despite still being in breach. Therefore, it is not a good idea to file for the sponsorship now. If you do, it is very likely that the visa officer processing the sponsorship will detect from the application that you were indeed not in Canada for the last 4 years and which may trigger an investigation. Delay the sponsorship until you meet the statutory time.

Q. I am married to a Canadian Citizen who lives in Barrie, Ontario. I want to visit him but I am not vaccinated and I do not plan to be. Am I permitted to come to Canada?

A. Yes, you are exempt from any travel restrictions and can visit him as long as you have the proper visa. Under current laws, if you are not double vaccinated you will need to quarantine.

Q. I am from Vietnam and I am living with a Filipina girl in Toronto who is on a student visa. We have a child together. Her study permit is about to expire and she does not want to renew it.

We want to marry but I was married before in Vietnam and I was told that we cannot marry because Canada does not recognize the Vietnamese divorce. Can I just get married as a single person and marry in Toronto.  I do not intend on marrying in Vietnam again.

A. No, you cannot declare that you are single because you are not. Marriage or marital status follows you wherever you are – it is not by country. In other words, if you are married or divorced in a country then you remain with that status regardless of where you live. You are technically divorced abroad. Ontario needs to know that that divorce is valid and equal to Canadian law. Once Ontario “approves” the foreign divorce, you will be able to remarry in Canada. It is not a complicated matter and you will need a lawyer in Ontario to provide an opinion. Processing time is about 2 weeks.

Q. I  completed a program of study in Canada and obtained a post graduate work permit. That PGWP is about to expire and I did not know that I was able to extend it for 18 months due to Covid. Can I still do it?

A. Unfortunately no. The deadline for that special 18 month PGWP extension under Covid is over. You can only extend the PGWP now by getting an LMIA or via a bridge work permit by virtue of a PR application.

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

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.

2018. 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

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

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

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