Visa

Canada implements leniency period for Electronic Travel Authorization until Fall 2016

March 14, 2016 Henry J. Chang, Dentons LLP Corporate Immigration, HR Policies and Procedures, Human Resources, Privacy and Security, Recruiting and Hiring

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.

Canada, CIC, Citizenship and Immigration Canada, Electronic Travel Authorization, eTA, leniency period, Temporary Resident Visa, TRV, Visa, visa-exempt

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

July 15, 2015 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

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.

Business, E-2, foreign franchisees, foreign franchisors, franchise, franchise agreement, franchising, Immigration Law, investor, treaty business, treaty investor, U.S., United States, Visa

Employment termination and maintenance of lawful status in Canada

August 16, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring

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.

bona fide, Canada Border Services Agency, Canadian Embassy, Canadian employers, employment law, Employment termination, foreign nationals, Foreign workers, immigration status, Labour Law, students, study permit, temporary resident status, Temporary Resident Visa, travel abroad, Visa, visa-exempt, visitors, work permit, work permits, work permits expire

Canada enforces economic sanctions against Iranian immigrant investors

February 16, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

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.

CIC, Citizenship and Immigration Canada, Department of Foreign Affairs and International Trade, economic sanctions, Federal Immigrant Investor Program, Federal Investor Class, Immigration Law, Iran, Iranian nationals, Operational Bulletin 378, provincial nominee program, Quebec Investor Program, Regulations Amending the Special Economic Measures (Iran) Regulations, Special Economic Measures Act, temporary residents, transferring funds, Visa

CIC imposes temporary moratorium on sponsorship of parents and grandparents

November 17, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

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.

CIC, Citizenship and Immigration Canada, family class, Immigration and Refugee Protection Act, Immigration Law, parent and grandparent super visa, sponsorships, temporary resident status, Visa