A question I frequently get is about the timing of the Parent and Grandparent Sponsorship program.
Immigration, Refugees and Citizenship Canada (IRCC) is set to invite 30,000 people to sponsor their parents or grandparents for permanent residence in Canada.
Immigration, Refugees and Citizenship Canada (IRCC) is set to invite 30,000 people to sponsor their parents or grandparents for permanent residence in Canada. To be eligible, the sponsor would have had to submit an expression of interest through the IRCC website in the Fall of 2020. IRCC invited 10,000 people from the pool in late 2020 and is now ready to invite an additional 30,000 people from the same pool. Invitations will be sent out during a two week period beginning the week of September 10. Unfortunately for people who are interested in sponsoring for the first time, there will be no opportunity to submit a new expression of interest in 2021. However, IRCC should start accepting new expressions of interest again in 2022. If you did submit an expression of interest in 2020, make sure you have your confirmation number and watch your inbox for an invitation beginning September 10.
This is where many people run into problems. It is absolutely vital that you submit…
Police certificates can cause a lot of problems for applicants. Not only must the correct document be obtained, but it must then be submitted to IRCC correctly as well. IRCC publishes some very helpful instructions for obtaining police certificates from each country here.
Some countries require a letter from IRCC requesting a police certificate before it will be issued. In these cases, IRCC will accept the application without the certificate, and will then issue a letter once processing has begun. If you need to submit a police certificate from a country that requires this procedure, you will find a note in the IRCC instructions to that effect.
Generally, applicants are not required to submit a Canadian police certificate, even if they have been living in Canada for more than six months when the application is submitted. However, IRCC may come back to the applicant after submission of the application and request one. This can happen for various reasons. For example, if IRCC receives information from the RCMP that someone with a similar name has a criminal record, IRCC will request a certificate from the applicant to make sure they are not that person.
Once you receive the police certificate, it is worth checking the IRCC instructions again to ensure that the correct document was received. If you have the right certificate, you can then submit it to IRCC. If the certificate is in English or French, submission is relatively straight forward: You would just enclose the original certificate if you are submitting your application in paper form, or submit a colour scan of the certificate if you are submitting the application online.
If the certificate is in a language other than English or French, it will need to be translated before it can be submitted. This is where many people run into problems. It is absolutely vital that you submit an unmarked colour scan (for online applications) or the original, unmarked certificate (for paper applications), as well as the translation package. The translation package needs to have three components: (1) a translation of the document into English or French; (2) a copy of the original, untranslated document, which has been stamped by the translator; and (3) a statement by the translator that the translation is authentic, which may be on a sperate page or which may be printed on one of the other documents. If you submit only the translation package, IRCC will reject the application, even though the translation package contains a stamped copy of the police certificate. This is because IRCC knows exactly what the police certificates from each country should look like, including both the markings and the colours used on the page. They need an unmarked police certificate in colour in order to ensure that they are looking at an authentic document. The translation package then needs to include a copy of the police certificate, so that IRCC can see the document that the translator was looking at when making the translation.
Sometimes applicants will already have an older police certificate that they wish to submit with their application. This can work, if you have the original and if it has not expired. The general rule of thumb is that a police certificate will expire six months after it is issued. This is true even if you only lived in a country for a few days after the certificate was issued. However, if the certificate was issued after you stopped living in a country, it will not expire and you may be able to use it in a future application. Some IRCC programs set different requirements though, so it is important to be familiar with the requirements for your specific program before deciding whether or not to use your old police certificate.
Overall, ordering police certificate and submitting them to IRCC can be straightforward process. As with other immigration-application-related issues though, identifying the pitfalls and avoiding them is crucial to success.
This new program will benefit Ukrainians who wish to come to Canada now, as well as those already in Canada who wish to extend their stay. Ukrainians may also include their immediate family members of any nationality on their application.
Immigration, Refugees and Citizenship Canada (IRCC) announced a new temporary residence program for Ukrainians today, called the Canada-Ukraine Authorization for Emergency Travel (CUAET). This new program will benefit Ukrainians who wish to come to Canada now, as well as those already in Canada who wish to extend their stay. Ukrainians may also include their immediate family members of any nationality on their application. IRCC defines an immediate family member as a spouse, a common-law partner, or a dependent child. The definition also includes dependent step-children, as well as the children of dependent children (grandchildren).
Under the CUAET, applicants outside of Canada may apply for a visitor visa and a three-year open work permit. IRCC is waiving processing fees and vaccination requirements for these applicants, and most applications will be processed within 14 days. IRCC will issue a single journey document to any applicant who does not have a passport. Applicants already in Canada may now apply to extend their status for up to three years.
It should be noted that the CUAET is a temporary residence program which does not, in itself, lead to permanent residence. However, IRCC has a number of permanent residence streams under which individuals may qualify, either now or after gaining Canadian work experience. If applicants wish to remain in Canada permanently, they should review their options for permanent residence soon after arriving in Canada, in order to choose the best stream and work towards an application.
Disclaimer:
No information in this blog should be construed as legal advice. Should you have any questions about Canadian immigration law, please contact the Author.
For a limited time, some temporary residents who are out of status in Canada may apply to restore their status, even if they are outside of the 90-day restoration window.
For a limited time, some temporary residents who are out of status in Canada may apply to restore their status, even if they are outside of the 90-day restoration window.
July 14 Changes to Restoration
Due to the problems associated with the COVID-19 pandemic, Immigration, Refugees and Citizenship Canada (IRCC) is offering some additional relief to temporary residents who are out of status. The 90-day restoration window has been extended to December 31, 2020 for anyone whose status expired after January 30, 2020. For example if Marco, a temporary resident of Canada with a work permit, discovered on February 15 that his work permit had expired on February 14, he would normally have until about May 15 to submit an application for restoration. This temporary policy will allow Marco to apply for restoration anytime up to December 31, 2020, provided that he meets the other general requirements for restoration.
IRCC has also implemented temporary rules to allow some workers to begin working while waiting for their restoration applications to be processed. To begin working during restoration, a worker must have a job offer that is either supported by a Labour Market Impact Assessment (LMIA) or is exempt from the requirement to obtain an LMIA, and must notify IRCC about the work. It is important to note here that a simple offer of employment from an employer is not enough; an LMIA must be obtained or an exemption to the LMIA requirement must be applicable to the situation.
General Information on Restoration and Implied Status
A worker, student or visitor in Canada who intends to remain in the country after the expiration of their status must apply to extend their status before their current document expires. If they are unable to do so, they are considered to be out of status on the day following the date on which their document expired. For example Julia, a temporary resident in Canada with a work permit, looks at her work permit on July 21 and realizes that it expires on July 21. Although likely in a panic, Julia is still able to extend her status as a worker as long as she submits the application before midnight (and she should screenshot the submission page with the time and date visible). In another example, Marco, a temporary resident with a work permit, wakes up on the morning of July 22 and notices that his work permit expired on July 21. Marco is out of status in Canada on the morning of July 22.
Restoration provides some relief for Marco. He will typically have a 90-day window to submit an application to extend his status that expired on July 21. Marco must submit a restoration fee of $200 in addition to his work permit fees, and if he otherwise meets the requirements for restoration, he can expect to be restored to the status of worker.
It is important to note some differences between implied status and restoration. Because Julia submitted an application to extend her status before her status expired, she will be on implied status as of July 22. Implied status means that Julia can remain in Canada under the conditions of her expired work permit until she receives a decision on her new application. Because Julia held a work permit, she may continue to work while on implied status. If she held an open work permit she may work for any employer while on implied status. If her work permit was employer-specific she may only work for that employer while on implied status, even if she is applying for an open work permit through the new application. The same rules are applicable to students and visitors. However, if a worker or student leaves Canada during implied status, they are not permitted to work or study when they re-enter. So if Julia goes to Seattle for the BC Day long weekend, she will re-enter Canada as a visitor and will not be permitted to work until such time as she holds a valid work permit.
Restoration does not offer the benefits of implied status in terms of work or study. Although Marco in our example has 90 days to restore his status, he loses authorization to work after July 21. And unlike implied status, submitting the new application does not give Marco the authorization to work while the application is being processed. He may only begin working again only after receiving a new work permit. If Marco had held a study permit in this example, he would likewise be unable to continue his studies until a new study permit is issued.
These are merely examples of typical restoration and implied status scenarios. Real life situations are often much more complex.
This round targeted applicants in the Canadian Experience Class (CEC)..
Immigration, Refugees and Citizenship Canada (IRCC) issued a round of invitations to apply for permanent residence through Express Entry today. This round targeted applicants in the Canadian Experience Class (CEC). A total of 3,343 invitations were issued and the lowest score to receive an invitation was 445. Invitations were not issued to applicants in any class other than the CEC.
This is the second round of invitations issued by IRCC this week. On July 22 they issued a round of invitations targeting applicants in the Provincial Nominee Class (PNC). They issued 557 invitations and the lowest score to receive an invitation was 687. Applicants in the PNC will have at least 600 points through their nomination, so anyone who was able to gain an additional 87 points would have received an invitation.
Applicants in the Federal Skilled Worker Class and the Federal Skilled Trades Class (FSTC) have only had two opportunities to receive an invitation since March 4. On that day, IRCC issued a round of invitations under all programs and the minimum score required to receive an invitation was 471. The next opportunity was July 8, when IRCC issued a round of invitations to applicants in all programs with a score of at least 478. Before March 4, most rounds of invitations were issued to applicants in all programs, but IRCC would issue a round of invitations targeting the FSTC a few times each year. Rounds targeting the FSTC have required a score ranging from 199 to 357, with 357 being the score required in the most recent round.
IRCC announced today that the 2020 parent and grandparent sponsorship program will reopen on..
IRCC announced today that the 2020 parent and grandparent sponsorship program will reopen on Tuesday, October 13, at 9:00 a.m. Pacific Daylight Time. At that time, sponsors will be able to submit an expression of interest but, unlike the 2019 program, this will not be a first-come, first-serve registration. On the contrary, registration for the 2020 program will remain open for three weeks, closing at 9:00 a.m. on November 3, 2020. That will give sponsors three full weeks to register an expression of interest to sponsor parents or grandparents in the 2020 program. After registration closes, IRCC will randomly draw the names of 10,000 sponsors and send each one an invitation to submit a full sponsorship application. On receiving an invitation, sponsors will have 60 days to submit the application.
Although the number of spots in the 2020 program has been reduced to 10,000, IRCC has committed to opening 30,000 spots during the 2021 program. IRCC has not released any details on whether the 2021 draw will be weighted to favour those sponsors who submitted an expression of interest in the 2020 program but were not selected. We will bring you more details on that as they become available.
We would be happy to assist you with the submission of an expression of interest. We will be contacting people this week who have previously asked us to assist them with the 2020 program. However, please feel free to reach out to us anytime, whether or not we have previously been in touch about the program.
The advantage to in-Canada processing is that IRCC will send the work permit to the applicant in the mail. The applicant will not need to leave and re-enter Canada in order to receive their work permit.
On March 1, 2023, Immigration, Refugees and Citizenship Canada (IRCC) extended the public policy allowing certain visitors in Canada to apply for an employer-specific work permit until February 28, 2025.
The wording of the announcement, as well as the wording that is sometimes used to report the announcement on social media, has led to some confusion. We have had questions from visitors over the past few weeks who have wondered if they now qualify for a work permit, since they are visitors and have received a casual job offer.
To clarify, this public policy is concerned only with place of application requirements. It does not ease work permit eligibility requirements. As before, a foreign national must receive a job offer backed by a labour market impact assessment (LMIA) or qualify for an LMIA-exempt work permit through the International Mobility Program, in order to be eligible for a work permit.
So, what does this public policy actually do? It amends the place of application requirements. Before the public policy came into force, a visitor in Canada would have to submit an application for a work permit outside Canada or, in the case of visa-exempt applicants, at a port of entry. A visitor in Canada submitting their application outside Canada could do so online and, assuming they have valid visitor status until a decision is made, could remain in Canada during processing. Once the application is approved though, the applicant would need to leave and re-enter Canada in order to have their work permit printed by a Canada Border Services Agency (CBSA) officer. Through the public policy, a visitor in Canada may now submit their application for a work permit online and have it processed from within Canada. The advantage to in-Canada processing is that IRCC will send the work permit to the applicant in the mail. The applicant will not need to leave and re-enter Canada in order to receive their work permit.
Whether or not this public policy is actually helpful to an applicant is highly dependent upon their situation and priorities. The estimated processing time for a work permit submitted inside Canada is currently 154 days. If the applicant holds the passport of a country that enjoys a significantly shorter processing time through a visa office abroad, it may be faster to submit the application from outside Canada. However, if the applicant wants to avoid an examination by a CBSA officer or if their visitor status will likely expire during processing of an outside application, it may be preferable to submit the application from inside of Canada, regardless of the longer processing times.
Are you a visitor in Canada who would like to remain here, but you are unsure of your options? We would be happy to arrange a consultation, during which we would discuss your possible pathways to a work permit or permanent resident status. Contact our office for details, including consultation fees and availability.
A non-Canadian who enters into a contract for the purchase of residential property and becomes liable to complete the purchase before January 1 is also exempted from the ban, whether the sale actually completes before or after January 1.
Purchase of Residential Real Estate Restricted on January 1, 2023
The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) comes into effect on January 1, 2023. The Act, which will remain in force for two years, bans most non-Canadians from purchasing residential property in Canada while it is in force.
To understand the scope of the Act, it is important to understand the term “non-Canadian” as the Act defines it. A non-Canadian is a person who is neither a Canadian citizen, a permanent resident of Canada, nor a person registered as an Indian under the Indian Act. Foreign corporations, as well as Canadian (and provincial) corporations controlled by non-Canadians, are also defined as non-Canadian. Residential property includes detached homes, condos, townhouses, and all other structures constructed for the purpose of residential housing. A non-Canadian who purchases residential property while the Act is in force will be subject to penalties, which include a fine of up to $10,000 on conviction, and a forced sale of the property. Lawyers and real estate professionals who aid in the purchase of property in contravention of the Act are also subject to a fine of up to $10,000 on conviction.
The Act does contain some exemptions. The ban will not apply to a person who purchases residential property with their spouse or common-law partner who is a Canadian citizen, permanent resident, or who is otherwise not prohibited from purchasing residentialproperty under the Act. The ban will also not apply to refugees or to certain temporary residents. A non-Canadian who enters into a contract for the purchase of residential property and becomes liable to complete the purchase before January 1 is also exempted from the ban, whether the sale actually completes before or after January 1.
The Government of Canada has not yet published the regulations to the Act as of November 8, 2022. The regulations, when published, will specify the types of temporary residents who are exempted from the ban. The regulations may also limit the ban to certain geographical areas, such as the metropolitan areas of major cities. Notably, the Act does not affect the validity of contracts or purchases made by non-Canadians. A non-Canadian may therefore be able to enter into and complete a sale while the ban is in force, only to be convicted after completion. If you are considering a purchase of residential property and you are caught within the definition of non-Canadian, it is vital that you be aware of the Act and the ways in which it will impact you.