Category Archives: News

Immigration News

News, Study in Canada

Post-Graduation Work Permit Program (PGWPP)

The PGWPP allows students who have graduated from eligible Canadian designated learning institutions to obtain an open work permit to gain valuable Canadian work experience. Skilled Canadian work experience in the national occupational code A, O or B that is gained through the PGWPP helps graduates qualify for permanent residence in Canada through the Canadian experience class, within Express Entry.

Post-graduation work permits are exempt from Labour Market Impact Assessments. They are considered open and coded as C43.

With a post-graduation work permit, as with all open work permits, graduates can

  • work full time
  • work part time
  • be self-employed

Post-graduation work permit validity

A post-graduation work permit may be issued based on the length of the study program for a minimum of 8 months up to a maximum of 3 years.

When determining the length of a post-graduation work permit, officers may consider the duration of the program of study in Canada and confirm it with supporting documents. Regularly scheduled breaks (for example, scheduled winter and summer breaks) should be included in the time accumulated toward the length of the post-graduation work permit.

Determining the length of the post-graduation work permit

The validity period of the post-graduation work permit may not go beyond the applicant’s passport validity date. If the applicant’s passport expires before the validity period of the post-graduation work permit, the officer should note this reason in the “Notes” box, in the Global Case Management System. The post-graduation work permit applicant then has to apply for a work permit extension upon the renewal of their passport to receive the full validity of their post-graduation work permit.

Post-graduation work permits can be extended only when the length of the permit could not be provided at the time of the application, due to the expiry date of the applicant’s passport.

Transfers between educational institutions

In cases where a student has transferred between eligible Canadian DLIs, the combined length of study must be at least 8 months to qualify for a post-graduation work permit.

In cases where a student graduated from an eligible DLI after having transferred from an ineligible institution, only time spent at the eligible DLI counts as eligible for post-graduation work permit issuance. Time spent at the eligible institution must be at least 8 months.

Programs with an overseas component

If a student completes a program of study in Canada that has an overseas component, they are eligible for the PGWPP, as long as they earn a Canadian educational credential from an eligible DLI. However, the length of the post-graduation work permit is based on the length of time they studied in Canada. Officers may contact the DLI to confirm that the studies have taken place in Canada.

Making an application

Applicants must apply for a work permit within 180 days of receiving written confirmation (such as an official letter or transcript) from the educational institution indicating that they have met the requirements for completing their program of study. Calculation of 180 days begins the day the student’s final marks are issued or the day formal written notification of program completion is received, whichever comes first. The onus is on the applicant to provide proof of the date the transcript is received. Officers may also confirm this date with the educational institution.

The applicant may apply for a post-graduation work permit from within Canada if their study permit is still valid. If the applicant’s study permit is no longer valid, and they wish to remain in Canada, they must apply for visitor status before their study permit expires.

Former international students who change their status to visitor status before their study permit expires, while waiting for their notice of graduation from their institution, may also apply for a post-graduation work permit from within Canada.

Foreign nationals who do not apply for a post-graduation work permit, and whose study permit becomes invalid or expires, must either leave Canada or submit an application to change their status in Canada. They may also be subject to Restoration of temporary resident status.

Foreign nationals may apply for a post-graduation work permit from overseas.

Work authorization after submitting a post-graduation work permit application

Graduates who apply for a work permit, such as a post-graduation work permit, before the expiry of their study permit are eligible to work full time without a work permit while waiting for a decision on their application if all of the following apply:

  • They are or were the holders of a valid study permit at the time of the post-graduation work permit application.
  • They have completed their program of study.
  • They met the requirements for working off campus without a work permit under paragraph R186(v) (that is, they were a full-time student enrolled at a DLI in a post-secondary academic, vocational or professional training program of at least 6 months in duration that led to a degree, diploma or certificate).
  • They did not exceed the allowable hours of work under paragraph R186(v).

Spouses and common-law partners of post-graduation work permit holders

Spouses and common-law partners of post-graduation work permit holders may be eligible to apply for an open work permit under the C41 exemption.

Please Contact Us for more information.

Canadian Immigration, News

Interim Pathway for Caregivers

The Interim Pathway for Caregivers is a short-term, 3-month economic pathway for caregivers who come to Canada, and who may expect to qualify for permanent residence, but who do not qualify under existing caregiver pathways.

To be eligible, caregivers have to meet all the following conditions:

  • At the time of application, they are authorized to work in Canada on a work permit other than a Live-in Caregiver Program work permit.
  • They intend to reside in a province or territory other than Quebec.
  • Since November 30, 2014, they have acquired at least 1 year of full-time Canadian work experience in an eligible caregiver occupation (that is, National Occupational Classification [NOC] 4411 and NOC 4412 for occupations other than housekeeper).
  • They meet the minimum education requirement.
  • They meet the minimum language proficiency requirement

Eligibility Criteria and Conditions

This public policy applies to foreign nationals who meet the following criteria:

  1. At the time of application:
    1. is authorized to work in Canada on a work permit other than a Live-in Caregiver Program work permit;
    2. is authorized to work without a work permit pursuant to subsection 186(u) of the Immigration and Refugee Protection Regulations, if they have applied for a renewal of a work permit other than a Live-in Caregiver Program work permit; or,
    3. has applied and is eligible for restoration of status, and held a work permit other than a Live-in Caregiver Program work permit as their most recent work permit.
  2. Intends to reside in a province or territory other than Quebec.
  3. Has obtained:
    1. a completed Canadian educational credential of at least a secondary school diploma; or,
    2. a foreign diploma, certificate or credential, along with an equivalency assessment — issued within five years before the date of application— that indicates that the foreign diploma, certificate or credential is equivalent to a completed Canadian secondary school diploma.
  4. Has attained a level of proficiency of at least benchmark 5 in either official language for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation designated by the Minister — that must be less than two years old on that date — by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations.
  5. Since November 30, 2014, has acquired one year of authorized full-time Canadian work experienceF on a Temporary Foreign Worker Program work permit in any combination of the following eligible occupations:
    1. a home child care provider within the meaning of that occupation as set out in the National Occupational Classification for unit group 4411, other than any experience as a foster parent;
    2. a home support worker or related occupation, but not a housekeeper, within the meaning of that occupation as set out in the National Occupational Classification for unit group 4412, including the occupations — other than housekeeper — listed under that unit group as example titles.
  6. Is not otherwise inadmissible.
  7. Meets all other statutory and regulatory requirements applicable to foreign nationals seeking to obtain permanent resident status in Canada, with the exception of the requirement to belong to a class.

Start and End dates

This public policy comes into effect on March 4, 2019 and expires on June 4, 2019. Applications received during this time period will continue to be processed until all applications are finalized.

Please Contact Us for more information.

Canada Border Services Agency - CBSA, Immigration, Refugees, and Citizenship Canada - IRCC, News

New Entry/Exit Program instructions

February 25, 2019

As part of the Perimeter Security and Economic Competitiveness Action Plan with the United States (U.S.), the Government of Canada committed to the Entry/Exit Initiative to collect entry and exit information on travellers entering and departing from Canada.

IRCC will use the information to support the administration of the Immigration and Refugee Protection Act (IRPA), the Citizenship Act and the Canadian Passport Order.

Bill C 21, which allows the Canada Border Services Agency (CBSA) to systematically collect and share routine biographical information on all travellers, including Canadian citizens, received Royal Assent on December 13, 2018. Regulations are expected to come into force by June 2019 for land and June 2020 for air.

Entry/Exit Program

The Entry/Exit Program allows for the collection and sharing of entry and exit information of travellers entering and departing from Canada. Access to entry and exit information in the Global Case Management System (GCMS) will be based on an employee’s security clearance and organizational requirements to carry out day-to-day work activities.

IRCC will obtain accurate and objective entry and exit information from the Canada Border Services Agency (CBSA) to support the administration of the Immigration and Refugee Protection Act, the Citizenship Act and the Canadian Passport Order.

IRCC will be able to query the CBSA’s Entry/Exit Information System directly to

  • verify residency requirements to process an ongoing application to objectively verify the information provided by the client, such as applications for grants of citizenship (CIT) or permanent resident cards (PR cards)
  • verify if a temporary residence applicant may have previously overstayed their allowable period of admission in Canada
  • assist in an investigation into an individual’s entitlement to a Canadian travel document

In addition, IRCC will be able to use entry and exit information to

  • verify that sponsors are residing in Canada where required by law
  • verify relationships and compliance with conditions for spouses and partners applying or admitted under the family class
  • verify if a refugee claimant entered Canada using their travel documents
  • support investigations into possible fraud in relation to immigration, citizenship, and passport (PPT) and travel document programs
  • verify residency requirements to validate if a medical examination is required

Entry/Exit use by line of business (LOB)

The entry and exit information will be used for the following application types across all LOBs at IRCC. Officials are to refer to the chart above for data availability timelines, as all LOBs will be implicated differently.

  • Temporary residence
  • Permanent residence
  • Citizenship
  • Passport

Temporary residence

The following temporary residence application types can use entry and exit data:

  • temporary resident visas
  • temporary resident permits
  • visitor records
  • work permits and work permit extensions
  • study permits and study permit extensions
  • electronic travel authorizations (eTAs)

Entry and exit data can be used to identify if a foreign national has previously exceeded their authorized period of stay in Canada.

Permanent residence

The following permanent residence application types can use entry and exit data:

  • PR cards
  • permanent resident travel documents
  • overseas refugee applications
  • family class sponsorships

Entry and exit data will be used to outline the periods of time spent in and outside Canada for people applying for permanent residence. This will provide a full picture of whether or not residence has been maintained.

For sponsorship applications, entry and exit data can be used to determine if a sponsor is residing in Canada.

Applications for in-Canada asylum can also use entry and exit data to verify information presented by the claimant.

In-Canada asylum

Claimants’ entry and exit data could be used as a more thorough and robust travel history when there are concerns related to program integrity, credibility and exclusions under Article 1(E) of the United Nations Convention and Protocol Relating to the Status of Refugees. Records could demonstrate inconsistencies with the claimant’s basis of claim narrative, and they could prompt further investigations.

Citizenship

Citizenship applications

Exit and entry data will be used to

  • verify compliance with physical presence requirements for grants of citizenship contained in subsection 5(1) of the Citizenship Act
  • assist in the verification of other requirements, such as
    • the flagging of potential loss of permanent resident status
    • the need for applicants to submit foreign police certificates
    • misrepresentation
  • verify compliance with physical presence requirements for resumption of citizenship contained in subsection 11(1) of the Citizenship Act (physical presence in Canada for at least 365 days during the 2 years immediately preceding the date of application)

Citizenship revocation investigations

Entry and exit data will be used to support administrative investigations into an individual’s acquisition of citizenship. Specifically, data will be used to confirm if the client misrepresented their residence in Canada for the purpose of acquiring citizenship.

Passport

Passport investigations

Entry and exit data will be used to support administrative investigations into an individual’s entitlement to Canadian passport services. For example, data can be used to validate a travel document bearer’s travel history and use of a Canadian travel document to determine if grounds exist to pursue refusal or revocation under the Canadian Passport Order in cases of passport misuse, passport fraud and identity fraud.

Please Contact Us for more information.

News, Provincial Nominee Programs

International Mobility Program: Atlantic Immigration Pilot Program

The Atlantic Immigration Pilot Program (AIPP) is a suite of 3 federal programs, established by Ministerial Instructions, effective March 6, 2017. The goal of this pilot project is to attract and retain skilled immigrants in Atlantic Canada by testing innovative approaches to permanent immigration.

The AIPP is in place until December 31, 2021.

Facilitating entry for these workers, under the International Mobility Program, supports paragraph 3(1)(e) of the Immigration and Refugee Protection Act by encouraging the settlement and retention of workers in the Atlantic region.

Facilitating entry for these workers, under the International Mobility Program, supports paragraph 3(1)(e) of the Immigration and Refugee Protection Act by encouraging the settlement and retention of workers in the Atlantic region.

Foreign nationals who receive a job offer from an employer and a referral letter, issued by one of the Atlantic provinces, may be eligible to apply for a 1-year Labour Market Impact Assessment (LMIA)-exempt employer-specific work permit, under paragraph 204(c) of the Immigration and Refugee Protection Regulations (IRPR). The referral letter is issued once the province has

  • received the needs assessment and settlement plan as well as the job offer, provided by the employer
  • confirmed receipt of a commitment by the applicant to submit an eligible permanent residence application within 90 days from the submission of the work permit application
  • ensured that the documents are complete

To be eligible to apply for a 1-year employer-specific work permit, under the program, foreign nationals must submit a paper-based work permit application to a visa application centre (VAC) overseas or to the Case Processing Centre in Edmonton (CPC-E) if they are eligible to apply for a work permit from inside Canada. Foreign nationals applying for a work permit under the AIPP are not eligible to apply at a port of entry. The application must include the following:

As of May 1, 2019, there are new work permit eligibility requirements.

Applicants must now submit language, education and work experience documentation according to the specific AIPP program they are applying for.

Any work permit applications received from May 1, 2019, onwards will be assessed under the new eligibility criteria and must include the following:

  • official language proficiency
  • education
  • qualifying work experience

Official language proficiency

The applicant must provide:

  • a copy of a language test approved by IRCC that shows the applicant meets the minimum language level of 4 in the Canadian Language Benchmarks in English or the Niveaux de compétence linguistique canadiens in French for each of the 4 language skill areas, and
  • the test results must be less than 2 years old on the date of application

See the language requirements section for evidence of language proficiency.

Education

Atlantic International Graduate Program (AIGP)

The applicant must demonstrate that they meet all of the following minimum education requirements:

  • They obtained, as a full-time student, a degree, diploma, certificate or trade or apprenticeship credential following completion of a post-secondary education program of at least 2 years from a recognized publicly funded institution in the 4 Atlantic provinces (New Brunswick, Prince Edward Island, Nova Scotia or Newfoundland and Labrador).
  • That they lived in New Brunswick, Nova Scotia, Newfoundland and Labrador or Prince Edward Island for at least 16 months (cumulative) within the 24-month period before their credential was granted.
  • They had valid or legal temporary resident status throughout their stay in Canada and had authorization for any work, study or training they engaged in while in Canada.

Eligible educational credentials

Only certain educational credentials are eligible for the AIGP. An educational credential is not eligible if the credentials were obtained in a study or training program where:

  • the study of English or French as a second language was at least half of the program
  • distance learning was at least half of the program
  • where a scholarship or fellowship stipulated that the recipient return to their home country to apply the knowledge and skills gained

Note: The education credential must have been obtained within 24 months of the date on the application for permanent residence.

Atlantic High-Skilled and Intermediate-Skilled Programs

Applicants must demonstrate they have either of the following:

  • a Canadian secondary (high school) or post-secondary certificate, diploma or degree
  • a completed foreign credential

In addition to either of the above, the applicant must have an Educational Credential Assessment (ECA) report from an agency approved by IRCC.

  • The report must show the foreign education is equal to a completed Canadian secondary (high school) or post-secondary certificate, diploma or degree.
  • The ECA must be less than 5 years old at the time of the application.

Note: The ECA assessment report is conclusive evidence that an applicant’s completed foreign educational credentials are equivalent to at least a completed Canadian secondary school educational credential.

Equivalency assessments include an assessment of the authenticity of the applicant’s completed foreign educational credentials. This is not conclusive evidence of the authenticity of the foreign educational credentials.

If an officer has concerns about the authenticity of an applicant’s foreign educational credentials, they must communicate these concerns to the applicant, afford them an opportunity to respond to those concerns, and provide additional information or documentation.

Qualifying work experience

Atlantic International Graduate Program

Applicants do not require any work experience.

Atlantic High-Skilled and Intermediate-Skilled program

Applicants must demonstrate that they have obtained work experience

  • for at least 1 year (1,560 hours total / 30 hours per week), non-continuous, full-time or an equal amount in part-time, within the last 3 years
  • that was for paid work (volunteer work and unpaid internships do not count)
  • in an occupation with the following National Occupational Classification (NOC)
    • for high-skilled program – at skill type 0, or skill levels A, or B
    • for intermediate-skilled – at skill level C
    Note: work experience acquired while working as a registered nurse or registered psychiatric nurse (NOC 3012) or a licenced practical nurse (NOC 3233) can count if the applicant has a job offer as a nurse’s aide, orderly or patient services associate (NOC 3413) or a home support worker (NOC 4412).where they have carried out the activities listed in the lead statement of the National Occupational Classification (NOC) and a substantial number of the main duties
  • that was obtained overseas or obtained in Canada
    • To count, Canadian experience must have been obtained while the foreign national was authorized to work in Canada as a temporary resident.

For the periods of work experience claimed in the application, applicants under the Atlantic High-Skilled and Intermediate-Skilled programs must demonstrate they performed both of the following:

  • the actions identified in the initial lead statement of the NOC description
  • a substantial number of the main duties, including all the essential duties, listed in the NOC description
    • This means the applicant performed some or all of the main duties, including all the duties that distinguish a particular occupation from any other. For example, duties that begin with “may” in the NOC description are not usually considered to be essential duties.

Applicants do not have to be employed at the time they apply.

Work experience does not need to be continuous to qualify and can be accumulated within the previous 3 years. When calculating the period of 12 months of required employment, it cannot include periods of unemployment, prolonged sick leave or parental leave. However, a reasonable period of vacation time will be counted towards meeting the work experience requirement (such as, a 2-week period of paid vacation leave within a given 52-week period in which the applicant was engaged in qualifying work).

Any periods of self-employment will not be included when calculating the period of qualifying work experience.

Work experience acquired during a period of study is allowed, as long as the work hours did not exceed what they were authorized to do.

Note: In the case of work performed in Canada, the foreign national must have been both authorized to work and a temporary resident at the time.

Provincial letter issued in reference to a temporary work permit

Applicants under the AIPP must include a referral letter, issued by an Atlantic province, with their work permit application. This letter should include the following information:

  • the date of issue of the letter
  • the applicant’s name and date of birth
  • the applicant’s citizenship
  • a designated employer name, address and contact information
  • an employment start date
  • the specific AIPP program the applicant is applying under
  • a statement that the designated employer has submitted an endorsement application that includes a needs assessment and settlement plan for the applicant and each member of the family, signed by both the designated employer and the applicant
  • a request for IRCC to issue a 1-year employer-specific work permit, with the validity dates as indicated in the offer of employment
  • a statement that the employer urgently needs the applicant as an employee before the application for permanent residence is complete
  • a statement that the province has determined that
    • the job offer is consistent with the requirements of the Ministerial Instructions classes
    • the employment is not part time or seasonal
    • the wages and working conditions of the employment are sufficient to attract and retain Canadian citizens and permanent residents
  • the NOC classification
  • an occupation title
  • the unique identifying number of the letter

Provinces monitor the number of referral letters issued to ensure that it does not exceed the number of permanent residence applications allocated to them, under the AIPP.

Work permit duration

Officers may issue an employer-specific LMIA-exempt work permit that is valid for 1 year from the date of entry to Canada or until the expiry of the travel document, whichever comes first. The 1-year validity from the date of entry is necessary for the applicant to obtain health care and other benefits, once they are in Canada.

If the passport expires before a 1-year work permit can be issued, the foreign worker may apply for the balance by submitting an application for a work permit extension.

Work permit processing

Processing times for work permit paper applications are in accordance with the online work permit extension processing times, which are shorter than the time frames for paper applications. This applies to applications made inside or outside Canada.

The following requirements must be met:

  • submission of a complete application package
  • submission of an application in paper form to
    • a VAC, for applicants outside Canada
    • the CPC-E, for applicants in Canada, at the following address: Case Processing Centre in Edmonton
      Immigration, Refugees and Citizenship Canada
      Atlantic Immigration Pilot Program – Work permit
      55-9700 Jasper Avenue Northwest
      Edmonton, AB  T5J 4C3

“Atlantic Immigration Pilot Program” must be written on the outside of the envelope as well as on the application form itself. This ensures expedited processing of applications by the migration office or the CPC-E.

Work permit extension

In some situations, the application for permanent residence may take more than 1 year to be processed. Applicants to the AIPP are not eligible for a bridging open work permit. Applicants who require additional time in Canada while their application for permanent residence is being processed may apply to extend their work permit.

Work permits cannot be made invalid, revoked or cancelled if an employer is de-designated by a province. However, if an employer is found to be non-compliant with employer conditions, through an inspection, the work permit may be revoked. Officers may refuse work permit extension applications to work for an employer who has been de-designated by the province. Foreign nationals may work for another employer, provided the employer is designated, and the province has issued a referral letter to support the new work permit.

For work permit extension applications where the applicant has not submitted an application for permanent residence within 90 days of the initial work permit, the application must include a new referral letter, issued by a province.

Work permit issuance in the Global Case Management System

Officers should input the appropriate special program code that is associated with 1 of the 3 AIPP programs if they are satisfied that the foreign national meets the requirements for a work permit and offer of employment. Officers should also enter a remark on the work permit, indicating the intended validity of the work permit from the date of entry to Canada.

Under the “Application” screen, officers should enter the following:

  • Case Type: 52

Based on fields in the offer of employment, officers should enter the following under the “Application” screen:

  • Province of Destination: Address of physical job location (if there is more than 1 location, officers should enter the primary location in the “Province of Destination” field and the secondary location in the “Remarks” field)
  • City of Destination: Address of physical job location (if there is more than 1 location, officers should enter the primary location in the “City of Destination” field and the secondary location in the “Remarks” field)
  • Exemption Code: C18
  • Special Program Codes:
    • AHSP (Atlantic High-Skilled Program)
    • AISP (Atlantic Intermediate-Skilled Program)
    • AIGP (Atlantic International Graduate Program)

Officers must enter 1 of the special program codes indicated in the provincial referral letter, found in the field “Name of Atlantic Pilot Program”.

  • Intended Occupation: Job title
  • Salary: Amount per year, as indicated wage in Canadian dollars and number of work hours
  • Employer: Business operating name

Open work permits for spouses and common-law partners

Officers may issue an open work permit, under exemption code C41 (spouse or common-law partner of skilled workers), to the spouse or common-law partner of an AIPP participant if the spouse or common-law partner meets the eligibility requirements for this type of work permit. The open work permit should have a validity that matches the principal applicant, up to a maximum of 1 year or until the expiry of the passport or travel document, whichever is earlier.

Please Contact Us for more information.