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foreign nationals

Temporary Resident Visa requirements lifted: Mexican citizens

As I previously reported, on June 28, 2016, Prime Minister Justin Trudeau formally announced that the Temporary Resident Visa (TRV) requirement for citizens of Mexico travelling to Canada would be eliminated as of December 1, 2016. Mexican citizens may now enter Canada without first obtaining a TRV from a Canadian embassy or consulate.

 

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Quid pro quo: Barring U.S. citizens from Canada for DUI offenses

Last month, the Canadian media reported on several instances of Canadian citizens being barred from the United States because they admitted to smoking marijuana, even if they had never been charged with or convicted of controlled substance possession. Canadian Public Safety Minister Ralph Goodale described the banning of Canadians as a “ridiculous situation” that needed to be addressed. However, in order to examine this issue in the proper context, we should consider how the Government of Canada treats United States citizens who seek entry into our country.

 

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Government of Canada announces termination of the eTA leniency period

I previously reported that Immigration, Refugees, and Citizenship Canada had published regulations implementing its Electronic Travel Authorization (“eTA”) program. The regulations initially required eTAs to be mandatory as of March 15, 2016. However, the new Liberal Government decided to delay the enforcement of the eTA requirement by implementing a “leniency period.”

 

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CIC publishes ministerial instructions establishing the start-up business class

On March 30, 2013, Citizenship and Immigration Canada (“CIC”) published Ministerial Instructions in the Canada Gazette, which formally establish the new Start-Up Business Class. CIC also published Chapter 27 of the Overseas Processing Manual, which provides further details regarding the processing of such applications.

 

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New federal skilled worker program to begin accepting applications as of May 4, 2013

As previously reported, last year Citizenship and Immigration Canada (“CIC”) imposed a “temporary pause” on the acceptance of new Federal Skilled Worker Program (“FSWP”) applications, which became effective on July 1, 2012. On December 19, 2012, Citizenship, Immigration, and Multiculturalism Minister Jason Kenney announced that the FSWP will once again begin accepting new applications on May 4, 2013.

 

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Canada to begin collecting biometric data from certain foreign nationals

On December 8, 2012, CIC published proposed regulations that will authorize the collection and use of biometric data from certain foreign nationals. Starting in 2013, temporary resident visa, study permit, and work permit applicants from certain visa-required countries and territories who seek to enter Canada will be required to have their biometric information (fingerprints and photograph) collected overseas before arriving in Canada.

 

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Employment termination and maintenance of lawful status in Canada

Foreign nationals who hold work permits in Canada sometimes wonder what will happen to their immigration status if they quit their jobs or are terminated by their Canadian employers. Surprisingly, the termination of a foreign national’s employment does not automatically invalidate his or her work permit or underlying temporary resident status. However, foreign nationals who travel abroad after the termination of their employment might not be able to return to Canada even if their work permits technically remain valid.

 

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CIC’s Come to Canada Wizard helps to assess immigration eligibility

Approximately seven months ago, Citizenship and Immigration Canada (“CIC”) launched its Come to Canada Wizard (the “Wizard”). It is a useful tool for prospective visitors, students, temporary workers, and permanent residents. However, the Wizard is still not a substitute for formal legal advice. One important shortcoming of the Wizard is the fact that it assesses only eligibility under the federal immigration categories.

 

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CIC adds new eligibility stream for doctoral students under the Federal Skilled Worker Program

The Minister of Citizenship and Immigration recently issued a fourth set of Ministerial Instructions (MI-4), which came into force on November 5, 2011. According to MI-4, the Federal Skilled Worker program will now have a new eligibility stream for international students pursuing doctoral (PhD) studies at Canadian institutions. This adds an additional 1,000 numbers to the current cap of 10,000, which are available to FSW applicants who do not have arranged employment.

 

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CIC finally allows recaptured time for intracompany transferees

On September 19, 2011, Citizenship and Immigration Canada published Operational Bulletin 346, which authorized the recapture of unused time that would otherwise count against the time limits that are normally imposed on intracompany transferees. As a result of Operational Bulletin 346, now only periods of physical presence in Canada while holding an intracompany transferee work permit will count towards the time limits.

 

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Fact or fiction: The use of illegal employment in provincial nominee applications

Earlier this month, the QMI Agency reported that senior Citizenship and Immigration Canada officials had said illegal work experience could count towards a permanent residence application filed under a Provincial Nominee Program. Was this fact or fiction?

 

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