Government Retreats Online-Only Asylum Applications
Less Than A Week After Presenting The Idea
Online-only submissions for asylum seekers, an idea previously put forward by the Liberal government, has now been dropped.
This change was initially introduced during the most recent budget and would have required all migrants to electronically submit their claims. The rationale behind this was that paper-based applications would lead to processing delays. However, experts argued that a digital-only system would create additional obstacles for an already vulnerable group.
Arghavan Gerami, founder and senior counsel of Gerami Law PC, stated “if they’re in difficult circumstances, if they’re in a shelter, if they’re not able to gain access to counsel immediately… they will still have the onus of explaining the additional delay for not having made the claim earlier”.
Gerami’s statement was echoed by Aidan Strickland, the IRCC’s Press Secretary, who said that “accessibility is paramount”.
As a pandemic measure and a way to relieve pressure on the immigration system, the Government made changes to the way migrants could make asylum claims. Although the digital method was initially well-received, it soon became a requirement for all inland claimants.
In an interview with CBC, the executive director for the Canadian Council for Refugees said “what we often find is that the efficiencies are designed to accommodate the government and with very little thought to what it’s going to be like for people on the other side.”
Despite going back on its decision to implement online-only applications, the government is standing by their belief that digitizing the immigration system will help migrants “get through that process quickly”.
Immigration Minister Sean Fraser acknowledged that a portion of applicants do not have access to the digital process, but will continue to encourage them to apply online when possible.
Canada Changes TFWP Rules!
Rises Multiple Caps to Make It Easier For Employers to Hire Foreign Workers
Canada is making it easier for employers to hire temporary foreign workers. Since Canada is experiencing a low unemployment rate and high job vacancies at the same time, the government introduced measures that address the labour shortage. In order to accomplish this, the government announced five major changes related to TFWP.
LMIAs to Last For 18 Months
Previously, Labour Market Impact Assessments (LMIAs) were only valid for six months. Starting immediately, they will last for a year and a half. LMIAs are documents that show the Canadian government that the labour market will not suffer any negative impacts if a foreign worker is employed in the country.
Effective from April 30, Canada will end its policy of automatically rejecting LMIA applications for low-wage occupations in sectors with an unemployment rate of more than 6%.
Maximum Duration of Employment Extended
High-Wage and Global Talent Stream workers' employment duration will be extended to a maximum of three years, instead of the previous two. This will also help them to apply for permanent residency in the future and enable them to continue contributing to the Canadian labour market.
Seasonal Cap Exemption Permanent
There will be no more limits on how many low-wage seasonal positions employers can fill. While there was a 180-day limit in place, this has been extended to 270-days.
Specific Can Hire 30% Of Their Workforce Through TFWP
Starting April 30, employers of sectors with demonstrated labour shortages will be able to hire up to 30% of their low-wage workforce through TFWP for a year. These sectors include:
- food manufacturing;
- wood product manufacturing;
- furniture and related product manufacturing;
- accommodation and food services;
- construction;
- hospitals; and
- nursing and residential care facilities
Employers that do not meet this criterion will be able to hire up to 20% of their workforce through the program. This will be valid until further notice.
Job Vacancy Reaches a Historic Peak
Low-wage occupations account for most of the unmet labour demand. In November 2021, labour shortages in manufacturing, retail, health care, and food services resulted in the highest job vacancy rate in Canadian history.
Despite the Temporary Foreign Worker Program approving around 5,000 positions under the Global Talent Stream, 23,000 positions in the High-Wage stream, and 60% of all foreign nationals working in agriculture, the lack of available labour is more apparent now than it was before the pandemic.
IRCC Back To 12-month Processing for Spousal Sponsorship
How Does Sponsorship Work?
According to a government media release, the effort put towards modernizing the Canadian immigration system has assisted the IRCC in addressing its backlog. After the January announcement regarding the return of the 12-month processing time, the IRCC launched a portal where spousal and child sponsorship applicants can track their immigration applications online.
Regardless of being in or outland applicants, the processing time will be the same. This timeline includes biometrics, the IRCC assessing who the primary applicant will be, as well as the time needed to ensure the applicants meet all of the eligibility requirements.
Can I Sponsor My Spouse?
In order to be eligible to sponsor your spouse, you must be at least 18 years old and a Canadian Citizen, a permanent resident, or an Indigenous person registered under the Canadian Indian Act. You must also make it clear you are not receiving any social assistance, unless you have a disability, and can financially support the person you are sponsoring.
Can I Be Sponsored?
If you are a spouse, you must have been legally married to the sponsor at an in-person ceremony. If you are a common-law partner, you must have lived with the sponsor for at least a year.
Conjugal partners must have been in a relationship with the sponsor for at least a year, live outside of Canada, and cannot live with them or marry them due to legal issues. For example, same-sex marriage is forbidden in your origin country or divorce is not allowed. To be successful in this type of application, proof of relationship will be needed by the sponsor.
Beyond the basic requirements, foreign nationals must pass health, as well as a security and criminality screening before being considered admissible to Canada.
How Can I Apply?
Since there are two types of sponsorship processes, there are some differences between applications.
Inland Applications
To be considered an inland application, the couples applying for sponsorship must be within Canada. To be eligible, the foreign partner must already have a valid legal status in Canada, whether as a worker, student, or visitor.
During the process, the sponsored person can live, work or study in Canada and may be able to get a Spousal Open Work Permit, which they can normally use while they're waiting for the results of their application. While the application is processing, it is expected that applicants remain in Canada.
Outland Applications
Unlike the inland application, you must live outside of the country while an outland application is being processed. This sponsorship is for foreign workers that are not legally living in Canada at the time of the application. However, the benefit of this is that you can travel outside of the country if needed.
Canadian permanent residents can sponsor their spouse as an outland applicant only if they are living in Canada, while Canadian citizens can sponsor their spouse as an outland applicant from abroad.
International Students Getting More PGWP
Median Earnings Increasing
According to the new Statistics Canada study, the number of international student graduates obtaining a Post Graduation Work Permit (PGWP) has dramatically increased.
Although the PGWP is neither extendable nor renewable, eligible international graduates are allowed to work in Canada for three years. Following this, PGWP holders, depending on their Canadian education and work experience, can apply for many of Canada's economic class immigration programs. Almost 75% of all PGWP holders become permanent residents within five years.
Statistics Canada, which studied the labour market for over a decade, found that there were more than 13 times as many PGWP holders reporting income in 2018 compared to 2008. Meanwhile, the participation rate has remained relatively steady with the median annual earnings received by PGWP holders increasing by nearly 85%.
Earnings Vary By Country of Origin, Destination and Sector
Most of the PGWP holders come from India or China. These countries made up 66% of all PGWPs issued in 2018, an increase of 15% in 2008.
In 2018, PGWP holders from Iran had the highest median earnings, followed by those from Nigeria and Pakistan. PGWP holders employed in Newfoundland and Labrador had the greatest growth in earnings from 2008 to 2018, followed by Quebec, and New Brunswick. However, employees working in education, administrative and support services, waste management, and retail trade reported some of the lowest earnings.
PGWP Eligibility
In order to be eligible for obtaining the PGWP, you must graduate from a full-time program of at least eight months in length at a Canadian Designated Learning Institution. With the exception of students enrolled during the pandemic, studies must be completed in person. As the PGWP validity period matches that of the study period, it can be valid for a minimum of eight months and a maximum of three years.
Exceptions to The Eligibility Requirements
You aren’t eligible for a PGWP if you:
- Have a study permit that expired more than 180 days before you applied or have already received a PGWP
- Studied English or French as a second language
- Took general interest or self-improvement courses
- Participated in the government of Canada awards program funded by Global Affairs Canada
- Had received funding from Global Affairs Canada that was not a Study in Canada scholarship.
- Got the Canada-Chile Equal Opportunity scholarship,
- Participated in the Canada-China Scholars’ Exchange program
- Participated in the Organization of American States Fellowships Program
- Completed a major part of a study program through distance learning, including online courses, e-learning, or correspondence
- Completed a study program at a non-Canadian institution located in Canada
Read More: What is Canada Doing To Keep International Students?
Higher Cost Threshold Now Permanent
85% More People Can Now Apply for Entering Canada
Canada has made the Temporary Public Policy regarding Excessive Demand on Health and Social Services a permanent fixture. The policy, which went into effect on June 1, 2018, prevents certain immigration applicants from entering Canada due to medical conditions which could strain the healthcare and social services system.
However, this policy has changed the definition of social services to exclude special education, social and vocational rehabilitation services, as well as personal support services.
According to the policy, the applicants will be ineligible to enter Canada if their anticipated health-related costs exceed three times the average per-capita health or social services costs. This threshold is updated annually, and this year, the annual cost is $24,058.00. The amount has raised by almost 10.4% in the last year, to reflect three times the current average for Canadians, which is currently $8,019.00.
The benefit of an increase in the cost threshold means that Canada will accept more people with disabilities and bear the cost of their treatment. Now, when the threshold is higher, the door for new applicants is open. Increasing the cost threshold has allowed Canada to admit 85% of the applicants who were previously denied under the old definition.
The costs which are considered to calculate the said demand include:
- Home care by a nurse, physiotherapist, respiratory therapist or another care provider
- Palliative care
- Psychological counselling
- Medical aids, appliances and prostheses
- Residential facilities, including long-term care and substance abuse services
- Day facilities providing constant supervision, for example, respite care
- Physician services
- Nursing services
- Laboratory and diagnostic services
- Pharmaceuticals and pharmaceutical services
- Hospital services
- Chemotherapy and radiotherapy
- Dialysis
- Supplies related to these services
- Psychiatric services
Eligibility Criteria and Conditions
After an applicant undergoes a medical exam, a delegated officer might give an exemption to a foreign national who would otherwise have been inadmissible, but who meets the following criteria and conditions:
The foreign national (principal applicant or their dependent family member) has a temporary or a permanent residents application received after April 16, 2018; and
The costs of the health and social services (listed in Section 1, Annex B) that would be required to treat the foreign national’s health condition are less than three times the average Canadian per capita health and social services costs over a period of five consecutive years
Services for which costs will be included while determining if an applicant meets the eligibility criteria:
Health Services
- Physician services
- Nursing services
- Laboratory and diagnostic services
- Pharmaceuticals and pharmaceutical services
- Hospital services
- Chemotherapy and radiotherapy
- Dialysis
- Psychiatric services
- Supplies related to these services
Social Services
- Social services closely related to health services (provided by a health professional)
- home care (by a nurse, physiotherapist, respiratory therapist, etc.),
palliative care, - psychological counselling and
- the provision of devices related to those services.
- Medical aids, appliances, and prostheses.
- home care (by a nurse, physiotherapist, respiratory therapist, etc.),
- Social services that provide constant supervision and care for those who are not able to integrate into society
- Residential facilities (long-term care, substance abuse services, etc.)
- Day facilities provide constant supervision (respite care, etc.)
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