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Expired COPR and PR visa holders may travel to Canada

Canada’s immigration department has issued new guidelines that allow individuals with expired Confirmation of Permanent Residence (COPR) and Permanent Resident Visas to travel into the country. Immigration, Refugees & Citizenship Canada (IRCC) have issued different policies for holders of expired visas depending on whether they are traveling from the U.S. or other countries.

In order to qualify for the new guidelines, individuals outside the U.S. should have obtained their visa on or before March 18, while U.S. visa holders qualify irrespective of when they received their visa. Individuals intending to travel to Canada temporarily for optional or discretionary purposes, such as tourism, recreation and entertainment are not permitted under the exemptions. At the moment, only those individuals who wish to stay and settle as permanent residents in Canada are exempted from travel restrictions.

Group 1: Travelers from any country other than the U.S. with Valid COPR and PRV

The applicants who were issued COPR and PRV on or before March 18 fall under this category. They are exempted from travel restrictions, allowed to travel to Canada for non-discretionary reasons even with expired documentations and have to follow the mandatory 14-day quarantine plan.

Group 2: Travelers from the U.S. with Valid COPR and PRV

This group includes applicants from the U.S. who wish to travel to Canada for non-discretionary purposes; to settle and dwell in Canada. These travelers should have approved application status, with valid COPR and PRV, and should have an appropriate plan to quarantine for 14 days.

Group 3: Travelers from any other country other than the U.S. with Expired COPR and PRV

Group 3 comprises applicants who are ready to travel to Canada for permanent residence with possession of an expired COPR and PRV.  These applicants are required to contact IRCC using a web form where they need to provide expiry date of COPR and legitimate non-discretionary reasons for travel. Candidates will be directed to the suitable processing network after the web forms are received.

Group 4: Travelers from the U.S. with Expired COPR and PRV

This group consists of people travelling from the U.S. to Canada for non-discretionary reasons and wish to settle as permanent residents with expired COPR. The candidates need to submit a proof of approved application, and an acceptable quarantine plan for 14 days along with COPR and PRV documents.

Things to do for holders of expired COPR and PR visas

IRCC will prioritize clients with a detailed proposed or confirmed travel plan, or clients who show a willingness to book and confirm travel plans as soon as they are approved. Applicant and accompanying family member must meet the following eligibility criteria:

  • A valid COPR and PRV on or before March 18, 2020 and no specific date for U.S. based applicants or an expired COPR and PRV
  • A persuasive travel reason like need to tend to non-discretionary family matters, family reunification, need of immediate medical care, expiring status in the U.S. for economic reasons such as to support economic services and supply chains, critical infrastructure support
  • The country where you reside is not subject to exit controls that limit your ability to travel to Canada

Applicants should provide proof of the following:

  • An acceptable plan to quarantine for 14 days in Canada including proof of funds for purchasing groceries, medical care among other essential services;
  • An acceptable plan to settle such as documents to support your living situation in Canada (address, lease agreement, home ownership document) or employment plans in Canada (location of work, letter from employer);
  • A proposed travel itinerary, including pre-purchased travel tickets

Processing of new permanent residence applications 

New applications for permanent residence are currently accepted in Canada. New files with missing documents or are incomplete will be retained and reviewed within 90 days. Nevertheless, an explanation should be added to the application referencing service interruptions due to coronavirus-related travel restrictions if a new application lacks supporting documentation. If the explanation is vital, it may result in the application being promoted and reviewed within 90 days. New applications will be processed in the receiving order. normal procedures will be followed for new completed applications for permanent residence.

COVID-19: Program delivery updates for permanent residence applications

COVID-19 program delivery instructions are for new and existing permanent residence applications in Canada and abroad.

Applications will not be refused for non-compliance, and all applications currently in progress at IRCC offices abroad and at case processing centres within the Centralized Network and within the Domestic Network will continue to be processed but may experience delays.

Application intake

IRCC will continue to accept new permanent residence applications. Incomplete applications because of unavailable documents will be retained in the system and reviewed in 90 days. New, complete permanent residence applications will be processed as per normal procedures while taking into consideration the following additional processing guidance:

If a new application is missing supporting documentation (associated fees are required), the applicant should include an explanation with their application that they are affected by the service disruptions because of the novel coronavirus. The application may then be promoted and reviewed in 90 days.

If the application is still incomplete in 90 days, officers should request the missing documents with an additional 90-day deadline.

Incomplete applications with no explanation provided, or for reasons unrelated to the disruption of services associated with impacts of the novel coronavirus, may be rejected and all fees associated with the application should be refunded to the applicant. The reason for rejection should be unrelated to the disruption of services. 

Approved permanent residence applications (COPR and PRV) 

Permanent residence applicants who are in possession of a COPR and PRV and inform IRCC, by submitting a Web form, that they are unable to travel within the validity of their documentation should be processed as follows:

Valid COPR and PRV: In an effort to reduce the number of cancelled COPRs and PRVs, IRCC will put a note in the file explaining that the applicant is unable to travel, and the file should be brought forward to the expiration date of the COPR and PRV. If the applicant informs IRCC that they can travel prior to the COPR and PRV expiration, they are encouraged to use their existing COPR and PRV to land.  

Expired COPR and PRV: If the applicant informs IRCC via the Web form that they are unable or unwilling to travel after the expiration of their COPR and PRV, or if they are unable or unwilling to travel prior to expiration, officers are to re-open the application, and it should be brought forward for review in 90 days.  

Re-opened applications

Approved applications where the principal applicant has not already become a permanent resident can be re-opened in GCMS by cancelling the COPR and PRV and removing the final decision.

Review of a re-opened application 

Once the applicant informs IRCC via the Web form that they are able to travel, a re-opened application may be re-approved provided that the applicant and their family members, whether accompanying or not, have valid immigration medical examinations, criminal and security checks and passports.

If the 60-day waiting period elapses and the applicant has not informed IRCC that they are able to travel, a note will be placed in the application, and it should be brought forward for review for an additional 60 days.

Need help! Please contact us for more information and/or assistance!

Major changes to help international students

Canada aims to attract more international students as they contribute to economic and social development of the country. Canada hosted over 640,000 international students prior to the start of COVID-19 pandemic.

Immigration, Refugees and Citizenship Canada (IRCC) has stated that it will help international students with the following reforms:

  • IRCC will prioritize study permit processing for students who have submitted a completed application online.
  • In the light of COVID-19 pandemic, they have launched a temporary 2 stage approval process for international students, who wish to begin their Canadian education program online this fall and, cannot submit a completed study permit application by September 2020.
  • IRCC is also allowing international students to begin their Canadian studies online while they are in their home country and will consider that time count towards their Post-Graduation Work Permit (PGWP)eligibility, only if they have submitted a study permit application and if at least 50 per cent of the program is completed in Canada.

Reason to help international students

Canada covets international students and IRCC acknowledges that COVID-19 pandemic is creating uncertainty for international students to begin their programs for the Fall 2020 academic year, so they are rolling out measures to facilitate study permit process. These measures will assist students to commence their studies this fall at a Canadian designated learning institute.

How to get a pre-approval for a study permit?

IRCC will provide an approval-in-principle for study permits if students pass the first stage. The two-stage assessment process will be applied to applicants at all levels of study whose program is starting in the fall semester or earlier and who submit, or have already submitted, a study permit application online on or before September 15, 2020.

At the initial eligibility stage, officers will assess:

For the admissibility stage, before a final decision is made, officers will review the following:

After receiving final approval for their study permit, students will be able to travel to Canada.

Mutual benefits

IRCC has made several temporary policy changes to support and reassure international students as international student attraction is beneficial to both, the students and to the Canadian economy.

International students attain world class education in Canadian learning institutes, with hands on academic learning and a highly dynamic approach. After completing education, students can gain a PGWP and gain work experience which will help to obtain permanent residency through Express EntryProvincial Nominee Program (PNP), and many other pathways.

According to IRCC, in year 2018 Canada accommodated over 650,000 international students at the post-secondary education level in the year 2019 and over 60,000 former international students become immigrants each year.

International students contribute $22 billion annually to support the Canadian economy which in turn facilitates 170,000 jobs in Canada.

How Can-X can help?

  • Each study program has different set of requirements. We help clients in selecting suitable courses and/or programs based on their educational background, interest and long-term goals.
  • We help clients in getting a letter of acceptance from a Designated Learning Institution (DLI) in Canada.
  • We prepare and submit the student visa application on the behalf o the client.

Want help in student visa application process! Please contact us for assessment & more information.

Work permit levels in Canada remain steady post COVID-19 outbreak

The number of work permits issued to TFWs in Canada appears to have been affected by coronavirus closures. The year started off strong where a total of 32,995 work permits were issued in January 2020 but, after the novel coronavirus pandemic in March total number of work permit went down to 19,650.

The work permit number increased to 29,900 in April which again dropped to 25,125 in May, 2020. The drop in May work permits is typically in part due to less Seasonal Agricultural Worker Program (SAWP) permits.

These new permits issued to TFWs post COVID-19 outbreak include permits issued to people who were eligible to work in Canada through the

  • Temporary Foreign Worker Program (TFWP) or
  • International Mobility Program (IMP)

The TFWP allows Canadian employers to hire foreign talent when no Canadian worker could fill the job vacancy. It is mainly used to admit seasonal agricultural workers to Canada, but also covers other sectors while IMP, which meets Canada’s broad economic and social needs, includes the Global Talent Stream (GTS), and the Post Graduation Work Permit (PGWP).

Tech workers who either work for designated companies or are being hired in highly skilled occupations can apply under GTS.

International students can use the PGWP to gain up to three years of Canadian work experience, which is highly valued in an application for permanent residence.

General eligibility requirements for Work permit. No matter where you apply, you must

  • Prove to an officer that you will leave Canada when your work permit expires. You can include many supporting documents to support this claim. For example: your family ties, employment etc.
  • Show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home. You can include your financial documents.
  • Obey the law and have no record of criminal activity (IRCC may ask you to provide a police clearance certificate)
  • Not be a danger to Canada’s security,
  • Be in good health and have a medical exam, if needed,
  • Not plan to work for an employer listed with the status “ineligible” on the list of employers.
  • Not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and
  • Give the officer any other documents they ask for to prove you can enter the country. 

Work Permit from outside Canada

To come to Canada as a temporary foreign worker, you must get a work permit. In general, you need to apply for a work permit from Immigration, Refugees and Citizenship Canada (IRCC) before you come to Canada. You must apply to a visa office outside Canada if you need a visa to enter Canada or if you need to have a medical exam before you come to Canada. You need to get a job offer and some other documents from a Canadian employer before you apply.

Work Permit from inside Canada

You can apply for a work permit from inside Canada if you are currently in Canada and

  • Have a valid study or work permit, or your spouse or parents have a study or work permit
  • Have graduated from a program at a Canadian university, community college, CÉGEP, publicly funded trade/technical school, or other eligible school.
  • Have a temporary resident permit that is valid for six months or more,
  • Have applied or been included in an application for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit)

Work Permit at the port of entry

You may apply for a work permit on arrival at a port of entry (POE) in Canada if the following applies

  • You are exempt from the requirement for a temporary resident visa and your job falls within the International Mobility Program (i.e., you are not required to obtain a Labour Market Impact Assessment [LMIA]);
  • You are exempt from the requirement for a temporary resident visa and your job falls within the Temporary Foreign Worker Program (i.e., you are required to obtain an LMIA) and a positive or neutral LMIA has been issued by the time you arrive, and your employer has completed all of the steps for your type of work permit
  • You are a national or permanent resident of the U.S., Greenland or Saint-Pierre and Miquelon regardless of whether your job falls with the Temporary Foreign Worker Program or the International Mobility Program.
  • You will not be working as a live-in caregiver or as a seasonal agricultural worker

In addition to the above, you must have completed your immigration medical examination, if required, before your arrival. If you’re a citizen of an eTA-required country, you’ll need to get an eTA if you plan to fly into Canada. IRCC recommends that you apply for your work permit before you travel to Canada.

Work permits based on skill types

High Skilled Work Permits

High skilled work permits are obtained in an occupation under the National Occupational Classification (NOC) skill level 0, A or B.  Generally, for skilled work permits, applicant need to have 1-3 years of experience depending upon the occupation and in certain cases only relevant education can fulfill the job requirements. Applicants also need to prove their English or French language skills to meet the job requirements.

Low skilled work permits

Low skilled work permits are obtained in an occupation under the National Occupational Classification (NOC) skill level C & D. Low skilled work permits require maximum of high school education or job specific training. Applicants also need to prove their English or French language skills to meet the job requirements.

Low skilled work permits under agriculture stream

Low skilled work permits under agriculture stream generally do not require any specific language skills, education and experience. You still need to meet all general eligibility requirements for work permit.

Under low skilled work permits, generally employers pay return airfare, ensure that affordable and suitable accommodation is available, provide temporary medical insurance coverage, register workers with provincial workplace safety insurance plans, sign an employer-employee contract.

How Can-X can help?

  • We can help foreign nationals and foreign workers to apply for Canadian Work Permit which authorizes them to legally work in Canada.
  • We can apply for approval of Labour Market Impact Assessment (LMIA) to Employment and Social Development Canada (ESDC) on behalf of employers.

Contact us for assessment and more information!

 

Temporary residents can now restore their status until December 31, 2020

During the COVID-19 pandemic, temporary residents who remained in Canada have been encouraged to renew their work or study permits to maintain their legal status in Canada. As a result of the pandemic and its associated challenges, a new public policy has been implemented that provides an extension to apply for restoration beyond the current 90-day time frame for foreign nationals in Canada.

This public policy comes into effect on July 14, 2020 and remains in effect until December 31, 2020. Applications received on or before December 31, 2020 may benefit from this public policy.

Former workers, students and visitors whose status expired after January 30, 2020, and who remained in Canada now have until December 31, 2020, to apply to restore their status, provided they meet the requirements for the type of status and authorization they are applying to restore.

 The public policy aims to 

  • provide eligible foreign nationals who have fallen out of status during the COVID-19 pandemic with more time to restore their temporary resident status
  • exempt eligible foreign nationals from the requirement to have complied with certain temporary resident conditions for a work or study permit to be issued
  • allow eligible foreign nationals applying for a job offer-supported work permit to work while decisions on their restoration and work permit applications are pending

The public policy also allows former work-permit holders applying for an employer-specific work permit to work while a decision on their restoration application is pending. However, they need to:

Eligibility requirements for restoration application 

Foreign national restoring their temporary resident status 

To be eligible for restoration under the public policy, the foreign national must:

  • have been in Canada with valid temporary resident status on January 30, 2020, remained in Canada since, and lost their temporary resident status more than 90 days ago: and
  • have applied for restoration of temporary resident status and paid the associated application processing fees. 

Foreign national seeking interim work authorization 

To be eligible for interim work authorization, the foreign national must:

  • have submitted an employer-specific work permit application with correct fees for which a decision has not yet been made, included an application for restoration and paid the associated application processing fee;
  • have held a valid work permit in the 12 months preceding the date on which they submitted their application for restoration of temporary resident status;
  • intend to work for the employer and/or occupation specified in the LMIA or LMIA-exempt offer of employment included in their work permit application;
  • have applied for the public policy exemption using the electronic means (that is, the IRCC Webform) identified by the department for that purpose; and
  • have requested that the public policy exemption be applied until a decision is made on their work permit application. 

Examples where the interim work authorization would apply 

  • The foreign national’s work permit expired on December 30, 2019, and they fell out of status. They submitted a restoration and work permit application on March 1, 2020 (within 90 days of losing status), and a decision is still pending on their application.
  • The foreign national’s work permit expired on March 1, 2020, and they fell out of status. They submitted a restoration and work permit application on October 1, 2020 (under the public policy), and a decision is still pending on their work permit application. 

Example where the interim work authorization would not apply 

  • The foreign national’s work permit expired on March 30, 2019, and they extended their stay in Canada as a visitor. In this case, the foreign national cannot benefit from the interim work authorization under this public policy as they do not meet the eligibility criteria (that is, they did not hold a work permit in the last 12 months).
  • The foreign national is a work permit-exempt worker who is restoring their status and applying for a work permit with a job offer, but they did not hold a valid work permit in the 12 months preceding the date on which they submitted their application for restoration of temporary resident status.

Want help restoring your status? Please contact us at (778) 564-3555 or email at [email protected]