Category Archives: Uncategorized

PERSONAL SUPPORT WORKERS AND NURSE AIDES NOW ELIGIBLE FOR PERMANENT RESIDENCE

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  

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.

Date Category
September 23, 2022
  • Provincial nominee program (non-Express Entry)
  • Quebec-selected skilled workers
  • Sponsoring a spouse or partner
  • Sponsoring a dependent child
  • Sponsoring an eligible relative
  • Sponsoring an orphaned sibling, niece or nephew, or grandchild
  • Adopting a child through the immigration process
  • Rural and Northern Immigration Pilot
October 14, 2022
  • Agri-food pilot
  • Start-up visa
  • Temporary resident permit holders applying for permanent residence
October 21, 2022
  • Home Support Worker Pilot
  • Home Child Care Provider Pilot
  • Humanitarian and compassionate grounds
  • Self-employed people (federal)

 

 

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

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

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

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

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

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

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

IMPLIED STATUS IS GRANTED ONCE YOU APPLY BEFORE EXPIRY

 

By Atty. Henry Moyal

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

2021 PARENT & GRANDPARENT SPONSORSHIP INTAKE RULES ANNOUNCED

2021 PARENT & GRANDPARENT SPONSORSHIP INTAKE RULES ANNOUNCED

By Atty. Henry Moyal

 

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

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

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

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

 

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

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

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

In addition, fully vaccinated travellers must also:

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

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

 

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

 

APPLY NOW FOR SPONSORSHIP OF UNDECLARED FAMILY MEMBERS

APPLY NOW FOR SPONSORSHIP OF UNDECLARED FAMILY MEMBERS

 

By Atty. Henry Moyal

 

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

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

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

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

 

In other news this week:

 

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

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

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

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

 

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

MAKE SURE YOU QUALIFY BEFORE APPLYING FOR PERMANENT RESIDENCE

MAKE SURE YOU QUALIFY BEFORE APPLYING FOR PERMANENT RESIDENCE

 

By Atty. Henry Moyal

 

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

 

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

 

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

What can I do now?

 

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

 

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

 

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

 

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

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

 

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

 

 

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

 

 

 

ONLY ONE YEAR OF WORK EXPERIENCE REQUIRED TO OBTAIN PERMANENT RESIDENCE  

 

ONLY ONE YEAR OF WORK EXPERIENCE REQUIRED TO OBTAIN PERMANENT RESIDENCE

 

 

By Atty. Henry Moyal

 

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

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

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

Application are only accepted until November 5, 2021.

Eligible occupations are:

Cashiers

Service Station Attendants

Store shelf stockers, clerks and order fillers

Sales Occupations

Home support workers, housekeepers and related occupations

Nurse aides, orderlies and patient service associates

Welders

Electricians

Occupations in support of health services

Social and community service workers

Nurse’s aide, orderlies

Nurses or nursing coordinators or LPN’s

Physicians

Dentists

Chiropractors

Dieticians

Occupational Therapists

Physiotherapists

Medical Lab Technicians

Medical sonographers and xray technicians

Dental assistants and dental hygienists

Massage Therapists

Machinists

Plumbers

Carpenters

Tile Setters

Bricklayers

Concrete Finishers

Plasterers

Painters

Repairers

Truck Drivers

Bus Drivers

Taxi Drivers

Delivery and courier service drivers

Construction trades helpers and labourers

Landscape labourers

Cleaners

Janitors

Couriers and messengers

Child Care providers

Butchers

Security Guards

Customer Service Representatives

Factory workers in food and beverage processing

 

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

CAREGIVERS FINALLY GIVEN PRIORITY FOR PERMANENT RESIDENCE

CAREGIVERS FINALLY GIVEN PRIORITY FOR PERMANENT RESIDENCE

 

 

By Atty. Henry Moyal

 

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

His recent statements are promising.

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

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

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

 

The following are the eligibility requirements for the main applicant:

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

 

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

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

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

In particular, IRCC will

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

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

 

ACT FAST TO APPLY FOR NEW PR PATHWAY PROGRAM

ACT FAST TO APPLY FOR NEW PR PATHWAY PROGRAM

 

By Atty. Henry Moyal

 

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

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

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

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

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

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

 

The two main programs are:

 

Workers in Canada

 

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

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

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

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

 

International Students with an approved Completed Canadian Educational Credential

 

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

.

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

Have been authorized to study throughout their education in Canada;

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

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

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

 

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

WHO CAN AND WHO CANNOT VISIT CANADA DURING COVID

WHO CAN AND WHO CANNOT VISIT CANADA DURING COVID

 

 

By Atty. Henry Moyal

 

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

 

 

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

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

or a Foreign National.

 

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

To be eligible, you must be both

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

An immediate family member is defined as a

 

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

 

 

or

 

 

 

To be eligible, all of the following must apply:

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

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

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

You must be

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

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

You must be a

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

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

You must be a

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

To qualify, you must

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

 

 

or

 

 

 

 

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

Examples of compassionate reasons can include

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

 

All other foreign nationals

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

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

 

 

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

 

 

 

COVID VACCINATION ROLLOUT IGNORES THOSE WITHOUT IMMIGRATION STATUS

COVID VACCINATION ROLLOUT IGNORES THOSE WITHOUT IMMIGRATION STATUS

 

By Atty. Henry Moyal

 

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

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

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

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

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

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

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

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

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

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

 

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

TAKE ADVANTAGE OF COVID-19 TIMES

TAKE ADVANTAGE OF COVID-19 TIMES

 

By Atty. Henry Moyal

 

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

 

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

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

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

 

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

 

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

 

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

I don’t understand what the problem is?

 

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

 

 

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

 

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

 

 

 

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

 

 

NUMBER OF PERMANENT RESIDENTS ADMITTED TO CANADA DROP DRAMATICALLY  

 

 

By Atty. Henry Moyal

 

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

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

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

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

 

Year                Number of PR

2015                271,835

2016                296,370

2017                286,510

2018                321,058

2019                341,178

2020           173,865

 

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

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

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

 

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

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

 

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

 

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

 

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

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

 

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

NEW YEAR SPARKS NEW IMMIGRATION & ENTRY RULE

 

By Atty. Henry Moyal

 

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

Highlights are:

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

Which COVID-19 tests are official/acceptable?

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

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

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

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

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

Who is exempted from this requirement?

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

Other exemptions include:

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

b)  Emergency service providers

c)  Technical stops – flights refueling

 

Would a proof of the vaccine replace the test?

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

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

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

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

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

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

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

.

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