Immigration and Refugee Protection Regulations
On May 10, 2013, Citizenship and Immigration Canada announced proposed regulatory amendments that will narrow the definition of “dependent child” by reducing the age limit to children under the age of 19 and removing the exception for full-time students. Once implemented, this proposed change will adversely affect the dependent children of all prospective immigrants to Canada.
Citizenship and Immigration Canada proposes significant amendments to the Immigration and Refugee Protection Regulations
On August 18, 2012, Citizenship and Immigration Canada published proposed regulatory amendments in the Canada Gazette, which will significantly alter the Federal Skilled Worker Class, create a new Federal Skilled Trades Class, and liberalize the Canadian Experience Class.
On April 18, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney launched consultations on the possible creation of a new program to attract immigrant entrepreneurs. Citizenship and Immigration Canada will consult with industry associations in the development of a “start-up” visa program for innovative entrepreneurs in the coming months. A start-up visa program differs from existing investor and entrepreneur options in that…
On April 11, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced changes to Canada’s Provincial Nominee Programs (PNPs). As of July 1, 2012, most PNP applicants for semi-skilled and low-skilled professions will have to undergo mandatory language testing of their listening, speaking, reading and writing abilities and meet a minimum standard across all four of these categories before they can qualify for a nomination certificate.
The Free Trade Agreement (“FTA”) between Canada and Colombia was originally signed on November 21, 2008. However, it did not come into force until August 15, 2011. As in the case of other FTAs, the Canada-Colombia FTA contains provisions for the temporary entry of treaty nationals pursuant to Section 204 of the Immigration and Refugee Protection Regulations. These provisions appear in “Chapter 12 – Temporary Entry for Business Persons.”
This case is a stunning example of mistreatment of migrant workers: a live-in nanny recently launched a wrongful dismissal claim against her employer in the Ontario Superior Court seeking damages in the amount of $195,000 for breach of contract, unpaid wages, statutory holiday pay and vacation pay.
On August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which were expected to adversely affect many temporary foreign workers; these regulatory amendments became effective on April 1, 2011. On April 1, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 275-C, which provides operational instructions to both CIC and the Canada Border Services Agency in relation to these recent regulatory amendments.
Last year, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which would affect the Temporary Foreign Worker Program; these amendments became effective on April 1, 2011. Human Resources and Skills Development Canada has now announced new procedures that implement these amendments.
On March 18, 2011, the Governor in Council announced that the Immigration Consultants of Canada Regulatory Council (ICCRC) has been proposed as the new regulator for immigration consultants in Canada.
HR professionals are frequently asked whether a foreign national, who seeks to enter Canada in order to perform a specific task on behalf of their company, will require a work permit. If the proposed activity falls within the parameters of the business visitor category, no work permit will be necessary.
On September 1, 2010, Citizenship and Immigration Canada announced revisions to its list of designated countries/territories for the purposes of Section 30 of the Immigration and Refugee Protection Regulations.
On September 1, 2010, Citizenship and Immigration Canada issued Operational Bulletin 230, which announces a new exemption from the Labour Market Opinion requirement for foreign medical residents and medical research fellowship holders. This new exemption falls under Paragraph 205(c)(ii) of the Immigration and Refugee Protection Regulations.
On June 30, 2010, the Minister of International Trade announced that legislation to implement the recently signed Canada-Colombia Free Trade Agreement had received Royal Assent. From the perspective of immigration practitioners (and perhaps HR professionals), this is exciting news because once the legislation is effective, several additional work permit categories will become available to Colombian Citizens.
Until recently, a work permit extension application (for a NOC 0, A, or B occupation), which required an approved Labour Market Opinion (“LMO”), could be filed concurrently with a pending LMO application. However, in July 2010, Citizenship and Immigration Canada (“CIC”) posted a notice on its website indicating that concurrent filing would no longer be permitted.