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Canadian Temporary Visitors, News

Changes to the Examination and Admission of Temporary Residents at the Port of Entry

February 22, 2018 nkic

The instructions on examination and admission at the port of entry (POE) for temporary residents have been updated to clarify the length of admissions for temporary residents as determined by an officer at the POE.

The Immigration Program Guidance Branch receives a significant number of functional guidance questions from immigration representatives indicating that the current instructions on this topic are unclear. The changes also address the length of stay determined at the POE for holders of a super visa.

New content

Length of admissions

An officer at the POE will determine the length of time that a temporary resident may remain in Canada.

Note: In general, stamps issued by Canada Border Services Agency (CBSA) officers at the POE are valid for a period of 6 months from the date of entry.

If a handwritten date has been placed under the stamp, the period of authorized stay expires on that date.

For example, for parents and grandparents who possess the super visa temporary resident visa or letter, CBSA officers will handwrite a date that is 2 years from the date of entry on their initial visit only.

Old content

Length of admissions

An officer at the POE will determine the length of time that a temporary resident may remain in Canada.

Note: In general, stamps issued by CBSA officers at the POE are valid for a period of:

  • six months from the date of entry (for visitors); or
  • two years from the date of initial entry (for parents and grandparents who possess the super visa-PG1 TRV or letter).

If a handwritten date has been placed under the stamp, then the period of authorized stay expires on that date.

Please Contact Us for further information.

NKIC Newsletter - February 2018
Canadian Employment, Canadian Work Permits, News

Global Skills Strategy Program Update

February 22, 2018 nkic

The program delivery instructions (PDIs) on the Global Skills Strategy (GSS) have been updated to provide clarifications on the short-term (15 or 30 days) work permit exemption, the short-term (120-day) work permit exemption for researchers, and priority processing (14 days) for work permits under the GSS.

For the short-term work permit exemption PDIs, background information has been added about the public policy established on June 12, 2017.

Programs

Short-term (15 or 30 days) work permit exemption

Short-term (15 or 30 days) work permit exemptions are for certain high-skilled work and apply to foreign nationals coming to Canada to perform work that complies with the following conditions:

  • be of a short duration (15 consecutive calendar days or 30 consecutive calendar days)
  • be in an occupation that is listed in skill type 0 (management occupations) or skill level A in the matrix of the National Occupational Classification (NOC)

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC), in coordination with Employment and Social Development Canada, launched the Global Skills Strategy and introduced, among other changes, new work permit exemptions for certain high-skilled work of a short-duration.

The Minister of Immigration, Refugees and Citizenship has established a public policy under section A25.2 of the Immigration and Refugee Protection Act that justifies the granting of a work permit exemption to certain highly skilled foreign nationals coming to Canada for 120 consecutive days to perform work in a publicly funded Canadian degree-granting institution (or its affiliated research institution).

Changes to the short-term (15 or 30 days) work permit exemption

  • instructions under “Conditions” replaced with new instructions
  • new instructions added on the following topics:
    • evidence
    • renewals
    • working with multiple employers
    • implied status
    • visitor records
    • sections removed:
      • Initial inland applications
      • Applications submitted before June 12, 2017

Short-term (120-day) work permit exemption for researchers

The 120-day work permit exemption allows eligible researchers to exit and re-enter Canada within the 120-day time frame. However, the number of consecutive days cannot be extended beyond the initial 120 days. The 120 days begin on the date the exemption was granted.

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC), in coordination with Employment and Social Development Canada, launched the Global Skills Strategy and introduced, among other changes, new work permit exemptions for certain high-skilled work of a short duration.

The Minister of Immigration, Refugees and Citizenship has established a public policy under section A25.2 of the Immigration and Refugee Protection Act (IRPA) that justifies granting a work permit exemption to certain highly skilled foreign nationals coming to Canada for 120 consecutive days to perform work in a publicly funded Canadian degree-granting institution (or its affiliated research institution).

Changes to the short-term (120-day) work permit exemption for researchers

  • clarifications made to the conditions to meet the requirements of the work permit exemption to reflect the language of the public policy
  • instructions under “Considerations” revised
  • new instructions added on the following topics:
    • required documentation
    • renewals
    • working with multiple employers
    • implied status
    • visitor records
  • list of Canadian publicly funded degree-granting institutions updated.
  • topics removed:
    • port of entry processing
    • initial inland applications
    • applications submitted before June 12, 2017

Priority processing (14 days) of work permits under the Global Skills Strategy

As part of the Global Skills Strategy (GSS), Ministerial Instructions on the priority processing of work permit applications were issued on June 12, 2017. Theses instructions allow certain highly skilled foreign nationals applying from outside Canada to be eligible for a 2-week (14 calendar days) processing period.

This applies to any of the following e-applications:

  • received by Immigration, Refugees and Citizenship Canada (IRCC) on or after June 12, 2017
  • for a work permit from outside Canada [R197]
    • the related e-applications for temporary residence [R179(a)]
    • the electronic travel authorization (eTA) [R12.04]
  • for a work permit or study permit for a family member  of an applicant whose work permit e-application meets the conditions established by the instructions

These instructions do not apply to International Experience Canada applications for an employer-specific work permit under either the Young Professionals category or the International Co-op Internship category.

Changes to priority processing (14 days) of work permits under the GSS

  • background information added about the Ministerial Instructions that were issued to put into effect the priority processing under the GSS
  • clarifications made and new instructions added to guidance under “Conditions”
  • new instructions added to the following sections:
    • ESDC’s Global Talent Stream
    • Family members of work permit applicants under the GSS

Please Contact Us for more information.

NKIC Newsletter - February 2018
Canadian Citizenship, News

Government of Canada Strengthens Fairness of the Citizenship Revocation Process

February 22, 2018 nkic

OTTAWA, Feb. 5, 2018

The Government of Canada does not take the revocation of citizenship lightly, and is committed to integrating enhanced fairness into the process.

Today, the Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship, announced that provisions of Bill C-6 involving changes to the citizenship revocation process came into effect.

Any individual whose case is subject to possible revocation now has the choice to have their case heard and decided by the Federal Court, or to request that the Minister decide. This improves the fairness of the process by allowing all individuals to choose to have their case decided by the Federal Court, an independent judicial body. The revocation process will also include an additional step, where IRCC officials review case submissions and decide whether or not to continue to proceed with revocation before it is referred to the Federal Court for decision.

In cases where individuals request to have the Minister decide, they would have an opportunity to seek leave to judicially review the Minister’s decision at the Federal Court.

Under the former decision-making model introduced in 2015 by Bill C-24, the Minister was the decision maker for cases of residence fraud, concealed criminality and identity fraud. The Federal Court was the decision maker only for cases of fraud relating to organized criminality, security, and human and international rights violations.

Quote

“In completing another important amendment to the Citizenship Act, the Government has delivered on our commitment expressed during the legislative process of Bill C-6 to enhance the procedural fairness of citizenship revocation. By continuing to build and improve this process, we are able to maintain the fairness and integrity of our program and uphold the value of Canadian citizenship.”

– The Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship.

Please Contact Us for further information.

NKIC Newsletter - February 2018
Canadian Employment, Canadian Federal Immigration Program

Canada Launches Fast-Track Visa Program to Lure Top Talent

July 11, 2017 nkic

Canada launched a fast-track visa program for highly-skilled workers on Monday, as it seeks to take advantage of a tougher immigration environment in the United States.

The move comes at a critical time for Canadian technology companies, who are looking to lure top global talent who otherwise flock to Silicon Valley, a major employer of foreign workers.

“In a world where people are becoming more and more inward, where there is a rise in populism, there’s a lot of Islamaphobia, a lot of xenophobia, there’s a lot of anti-immigrant sentiment, Canada is uniquely positioned,” said Innovation Minister Navdeep Bains on the program’s launch at a tech startup accelerator.

Bains and the other government officials at the launch were careful not to mention U.S. President Donald Trump by name, instead focusing on selling the positives of their new scheme, which aims to help domestic companies exhibiting growth of at least 10 per cent.

But tech executives in attendance were less circumspect.

Roy Pereira, the founder of an artificial intelligence company called Zoom.ai, said Trump’s policies had led to more interest in Canada from workers currently living in the U.S. than he had ever seen in his 20-year career.

Of the 150 total applications he received for three recent job postings, 50 came from U.S.-based applicants, he said, with most of the 10 he subsequently interviewed citing the political climate there as a factor in their decision to look north.

“They were concerned about some of the musings of the current administration down in the U.S.,” he said.

The Trump administration has sought to ban visitors from several Muslim-majority countries in a move that has been stymied by U.S. courts, and has also broadened the scope of who could be targeted for immigration violations.

The Canadian plan, unveiled in November as part of a broader strategy to stoke economic growth, aims to shorten the work permit and visa issuing process to two weeks, compared to current drawn-out, bureaucratic process typically lasting six months to a year.

“Investment follows talent,” said Ahmed Hussen, Canada’s minister of immigration. “Investment will not come to Canada if the talent is not there,” he said.

The government has not set a quota on the amount of foreigners who could join the plan in its first two years.

By Sean Kilpatrick from the Financial Post.

Please Contact Us for more information.

2017NKIC Newsletter - July 12
Canadian Federal Immigration Program

Government of Canada Launches the Global Skills Strategy

July 11, 2017 nkic

When companies in Canada can thrive and grow, they create more jobs. The Government of Canada’s new Global Skills Strategy will give employers a faster and more predictable process for attracting top talent and new skills to Canada, creating economic growth and more middle-class jobs for Canadians.

Today, Immigration, Refugees and Citizenship Minister Ahmed Hussen, Innovation, Science and Economic Development Minister Navdeep Bains and Rodger Cuzner, Parliamentary Secretary to the Minister of Employment, Workforce Development and Labour, announced that employers and highly-skilled workers can now benefit from the Global Skills Strategy.

As part of the Strategy, which includes four pillars, high-skilled workers coming to Canada on a temporary basis are now able to benefit from two-week processing of applications for work permits and, when necessary, temporary resident visas. Open work permits for spouses and study permits for dependants will also be processed in two weeks when applicable.

Employers can now benefit from Immigration, Refugees and Citizenship Canada’s new dedicated service channel and the new Global Talent Stream. This will help them access temporary, high-skilled, global talent, scale up or expand their knowledge of specialized skills so that they can be more innovative and build their expertise.

Two new work permit exemptions have also taken effect today. Highly-skilled workers who need to come to Canada for a very short-term assignment and researchers taking part in short-duration research projects being conducted in Canada will not require a work permit.

First announced in November 2016, the Global Skills Strategy helps promote global investment in Canada and supports the Government of Canada’s Innovation and Skills Plan. It recognizes that by facilitating the faster entry of top talent with specialized skill sets and global experience to Canada, we can help innovative companies grow, flourish and create jobs for Canadians.

Quick Facts

  • Companies applying for workers through the Global Talent Stream now have access to a new streamlined process that provides eligible employers with:
    • priority processing of applications and a client-focused service for the development of the Labour Market Benefits Plan, with a service standard of 10 business days; and
    • flexible recruitment requirements.
  • Two-week work permit processing will be available to workers applying from overseas whose employers have been approved to hire a foreign worker through Global Talent Stream, as well as foreign nationals with jobs at skill type 0 (executive, managerial) or skill level A (professional) of the National Occupational Classification (NOC) applying through the International Mobility Program. The two-week service standard would also apply to immediate family members accompanying high-skilled workers to Canada.
  • The new work permit exemption for highly-skilled workers applies to all NOC 0 and NOC A workers. Eligible workers will be allowed one 15-day work permit-exempt stay in Canada every six months, or one 30-day work permit-exempt stay every 12 months.
  • Researchers coming to Canada will be permitted one 120-day stay every 12 months without requiring a work permit when they are working on a research project at a publicly-funded degree-granting institution or affiliated research institution.
  • Agreements have been reached with a range of partners who will be able to refer companies to IRCC’s new dedicated service channel and to ESDC’s Global Talent Stream; discussions are continuing with many other potential partners. The goal is to have referral partners in all parts of the country with the significant knowledge and insight needed to refer companies to the dedicated service channel.

Please Contact Us for more information.

2017NKIC Newsletter - July 12

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