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Visa

Canada implements leniency period for Electronic Travel Authorization until Fall 2016

On April 1, 2015, Citizenship and Immigration Canada published regulations implementing its Electronic Travel Authorization (“eTA”) program. The regulations initially required eTAs to be mandatory as of March 15, 2016. Fortunately, the new Liberal Government has decided to delay the enforcement of the eTA requirement until Fall 2016 (no exact end date has been announced) by implementing a “leniency period.” During the leniency period, visa-exempt foreign nationals who do not have an eTA will still be permitted to enter Canada as long as they have appropriate travel documents, such as a valid passport. Nevertheless, visa-exempt foreign nationals are encouraged to obtain an eTA as soon as possible.

 

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How foreign franchisors can expand into the United States using foreign franchisees

Foreign-based franchisors may wonder how difficult it would be to expand their businesses into the United States. One possible solution is for the foreign-based franchisor to initially sell its U.S. franchises to citizens of its home country, or citizens of other countries where it may already have an established presence. Fortunately, in most cases, a foreign franchisee will be eligible to own and operate a franchised business under the E-2 treaty investor category.

 

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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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Canada enforces economic sanctions against Iranian immigrant investors

On November 22, 2011, in response to an assessment of Iran’s nuclear program by the International Atomic Energy Agency, Canada imposed new sanctions under the Special Economic Measures Act. Citizenship and Immigration Canada has now provided instructions on how it will apply these economic sanctions to Iranian immigrant investors.

 

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CIC imposes temporary moratorium on sponsorship of parents and grandparents

On November 5, 2011, a temporary pause (i.e., a moratorium) was imposed on the sponsorship of parents and grandparents under the Family Class. However, to temper the effect of this decision, the Government of Canada has announced that it will increase the number of sponsored parents and grandparents that Canada will admit next year, from nearly 15,500 in 2010, to 25,000 in 2012, in order to clear out the existing backlog. It will also introduce a Parent and Grandparent Super Visa, which will allow parents and grandparents to remain in Canada for up to 24 months at a time. Parent and Grandparent Super Visa applicants will be required to obtain private Canadian healthcare insurance for their stay in Canada but the visas will be valid for up to 10 years.

 

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