Marvin Moses Immigration Law Office

"...IMPORTANT!!!
Foreign nationals who are required to undergo a medical examination may be unable to arrive in Canada before the expiry date of their medical examination. Until a change request can be implemented to modify the letter of introduction to include the medical examination validity date, officers may use the port of entry facilitation letter. The letter can be modified to include instructions that the client must enter Canada before the expiry of their medical examination...."

Temporary resident visas (TRVs): COVID-19 program delivery - Canada.ca Program delivery update: COVID-19

..."News release
Six thousand caregiver applications will be prioritized by the end of 2021; 1,500 by June 30, 2021

April 15, 2021—Ottawa—Caregivers from abroad play an important role in supporting Canadian families who are unable to find the care they need for a family member in Canada. The global COVID-19 pandemic has caused great disruption to life in Canada and around the world, including to application processing at Immigration, Refugees and Citizenship Canada (IRCC). We recognize that many caregivers working in Canada are waiting anxiously to be reunited with their loved ones, and they need their applications to be processed for that to happen.

That is why IRCC is working to overcome the pandemic-related roadblocks that have interfered with processing applications from caregivers and their families by announcing a processing plan for 2021.

As part of this plan, 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"...

Minister Mendicino launches plan to accelerate caregiver application processing - Canada.ca Caregivers from abroad play an important role in supporting Canadian families who are unable to find the care they need for a family member in Canada. The global COVID-19 pandemic has caused great disruption to life in Canada and around the world, including to application processing at Immigration,....

GREAT NEWS!!! - "...Effective May 6, 2021, Immigration, Refugees and Citizenship Canada (IRCC) will begin accepting applications under the following 3 streams:

20,000 applications for temporary workers in health care
30,000 applications for temporary workers in other selected essential occupations
40,000 applications for international students who graduated from a Canadian institution

The streams will remain open until November 5, 2021, or until they have reached their limit. Up to 90,000 new permanent residents will be admitted under these 3 streams...."

New pathway to permanent residency for over 90,000 essential temporary workers and international graduates - Canada.ca Today, the Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, announced an innovative pathway to permanent residence for over 90,000 essential workers and international graduates who are actively contributing to Canada’s economy.

EOI system to be launched "in the coming weeks"!!!

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Guidance for special measures to support Hong Kong residents to come to Canada - Canada.ca Program Delivery Instructions, Hong Kong

"...Foreign nationals in Canada affected by the pandemic with an expired or expiring PGWP will have a unique chance to apply for another open work permit. These will be valid for 18 months and allow former international students to remain in Canada, continue to seek employment and build their future in this country..."

Government of Canada announces new policy to help former international students live in, work in and continue contributing to Canada - Canada.ca International students bring so much to Canada, contributing over $21 billion annually to our economy and supporting the vitality of our communities. Yet the pandemic has presented myriad challenges for international students. Most notably, for many holders of a post-graduation work permit (PGWP), t...

"...the Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, announced a new immigration initiative that will attract students and youth from Hong Kong to Canada by offering a new open work permit and broadening their pathways to permanent residency. This initiative builds on the 2021-2023 Immigration Levels Plan and is designed to encourage recent Hong Kong graduates and those with essential work experience to choose Canada as a place to study, work, and settle. This announcement also supports the commitments made by the Government of Canada to maintain the many connections between Canada and Hong Kong in response to the Chinese government’s imposition and implementation of the national security law in Hong Kong on June 30, 2020.

In addition, a number of enhancements to existing immigration programs, and increasing efforts to raise awareness of these options, will support people from Hong Kong who are currently in Canada and want to stay, or who want to begin making plans to come to Canada when the COVID-19 travel restrictions are eventually lifted..."

Canada announces immigration measures supporting Hong Kong residents and Canadians in Hong Kong - Canada.ca Immigration is a key driver of Canada’s economic growth, and Canada continues to welcome the best and brightest from around the world, who help create jobs for Canadians. As we focus on accelerating our recovery, Canada will continue to be the world’s top destination for talent, capital, and job...

Questions and Answers about Labour Market Impact Assessment (LMIA)

1. What is the expiry date for LMIAs?

Beginning on May 19, 2009, a Labour Market Impact Assessment (LMIA) (formerly known as a Labour Market Opinion (LMO) is valid to support a temporary foreign worker’s (TFW) work permit application to Immigration, Refugees and Citizenship Canada (IRCC) for a maximum period of 6 months after it is issued.

The LMIA expiry date identifies the period of time during which:

* employers must notify the TFW that the LMIA was approved.
* employers must send the positive LMIA letter to the TFW.
* TFWs must apply for a work permit at IRCC.
* employers who do not provide the names of the TFWs when applying for an LMIA, must continue to try and recruit Canadians and permanent residents until they select a TFW.

If this does not occur within the period of time identified (before the expiry date), the LMIA is no longer valid and employers must submit a new LMIA application if they still wish to hire a TFW.

Note:

The 9-month LMIA validity period announced as a COVID-19 special measure is ending September 30, 2020. Any LMIA's received after September 30, 2020 will receive a maximum 6 month validity period.



2. What is the difference between the LMIA expiry date, duration of an LMIA and work permit expiry date?

* The LMIA expiry date is the date by which the TFW must have applied for a work permit. If the TFW has not applied by that date, the LMIA is no longer valid and employers must apply for a new LMIA, if they still wish to hire a TFW.
* The LMIA duration date is based on ESDC/Service Canada's assessment of an application for an LMIA. It identifies the recommended length of time that a work permit could be issued to a TFW without negatively impacting the Canadian labour market.
* The work permit expiry date is determined by IRCC when the TFW applies for a work permit. It indicates how long the TFW will be allowed to work and reside in Canada.

Note: Two-year employment duration for low-wage employers

In order to support employers and workers affected by COVID-19 the Temporary Foreign Worker Program has put in place special measures. There will be an increase in the allowable employment duration from 1 to 2 years for Labour Market Impact Assessment (LMIA) in the low-wage stream (3 year project pilot).



3. What about job offers that start more than 6 months after the LMIA is issued?

Regardless of the start date, TFWs must submit their work permit application before the expiry date identified on the LMIA. Employers are also expected to try and recruit Canadians and permanent residents until all positions identified on the LMIA have been filled or the LMIA expires.



4. Can ESDC/Service Canada issue an LMIA with an expiry date of less than 6 months?

Yes. The Department can issue an LMIA that expires in less than 6 months (e.g. short employment period related to emergency or warranty work).



5. Do employers have to wait until they have recruited a foreign worker to apply for an LMIA?

No. Most employers do not have to include the worker's name for ESDC/Service Canada to evaluate their LMIA application. However, these employers must continue to advertise the position to recruit Canadians or permanent residents until they have selected a TFW. They must provide the name of the TFW and other relevant information before the LMIA expires.

There are some exceptions, when employers are not able to apply for an unnamed LMIA. . These exceptions depend on the stream the application is being submitted under and the province/territory where the job is located.

6. Does the maximum 6 month expiry apply to all components of the Temporary Foreign Worker Program?

Yes it applies to all components of the Program across all provinces and territories.

However, if an employer has received a positive LMIA for an application submitted under the former Live-in Caregiver Program (LCP), for a position located in Quebec, the LMIA will be valid for a maximum of 3 months.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/lmia-expiry.html

"...Biometrics exemption for permanent residence applicants who have given biometrics within the last 10 years... 👍👍👍

..You don’t have to pay the biometric fee when you submit your application, even if the system tells you to pay it.

If you paid the fee, we’ll automatically refund it once we finalize your application..."

Coronavirus disease (COVID-19): Biometrics - Canada.ca Biometrics: Special measures to help temporary and permanent residents and applicants affected by the novel coronavirus (COVID‑19)

GOOD NEWS: IRCC speeding up processing for spousal applications!!!

IRCC speeding up processing for spousal applications - Canada.ca Today, the Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, is announcing action to speed up spousal application processing and help families build their lives together in Canada.

GOOD NEWS - OINP proposing a points-based Express of Interest system.

Proposed Amendments to Ontario Regulation 422/17 (General) and Ontario Regulation 421/17 (Approvals under the Ontario Immigrant Nominee Program and Other Matters) made under the Ontario Immigration Act, 2015 (Act). Ontario business regulations

"...August 24, 2020—Ottawa—Visitors who are currently in Canada and have a valid job offer will be able to apply for an employer-specific work permit and, if approved, receive the permit without having to leave the country, thanks to a new public policy announced today by the Honourable Marco E.L. Mendicino, Minister of Immigration, Refugees and Citizenship..."

New temporary public policy will allow visitors to apply for a work permit without having to leave Canada - Canada.ca Visitors who are currently in Canada and have a valid job offer will be able to apply for an employer-specific work permit and, if approved, receive the permit without having to leave the country, thanks to a new public policy announced today by the Honourable Marco E.L. Mendicino, Minister of Immig...