Covid-19 Update: Canada's immigration system remains open for business
COVID-19 update: Canada’s immigration system remains open for business
June 9, 2020
Canadian immigration has been shaken up, but not stopped by the COVID-19 crisis, says Toronto immigration lawyer Robin Seligman.
The border remains virtually shut to non-essential travel until at least June 21, while health guidance has restricted Immigration Refugees and Citizenship Canada’s ability to deliver services. But with demand for permanent residence and entry to Canada just as high as ever, Seligman, principal of immigration law boutique Seligman Law, says practitioners in the field have had no time to rest.
“It’s not quite business as usual, Canada is open for business. The system continues to operate and people still need help navigating it,” she says.
The global pandemic’s level of interference differs across the various strands of Canada’s immigration regime, but here’s a flavour of where things stand right now:
Express Entry
Draws continue to occur on a regular basis, with a focus on the Canada Experience Class and provincial nominee programs.
According to Seligman, this allows the federal government to target its invitations to apply for Canadian permanent residence at those candidates most likely to already reside in the country, without the need to cross the border.
“However, this could change if travel restrictions are loosened in the near future,” says Seligman, explaining that she’s gearing up for the resumption of draws for the Federal Skilled Worker and Federal Skilled Trade programs once travel can occur more freely.
In the meantime, CEC candidates in particular are benefiting from relatively low qualifying scores under the Comprehensive Rating System used under Express Entry, where the threshold for invitations to apply has consistently dipped and scores of 440 have occurred in the past couple of draws.
International Students
In this area, IRCC has demonstrated flexibility by allowing candidates to enroll in online Canadian educational programs from abroad this fall, while remaining eligible for Post-Graduation Work Permits once they are able to make their way into the country. However, to be eligible applicants must have received an approval to study in Canada by IRCC.
The three-year work permit allows candidates to gain Canadian work experience following the completion of an eligible course – which must last at least eight months and lead to a diploma, degree or certificate. While online courses do not usually count towards the study requirement, the federal government has made a temporary exception in the current emergency situation.
“It’s a great opportunity for international students, and I’m pleased that candidates will not have to miss out because of the COVID-19 crisis,” Seligman says.
Foreign Workers
Flexibility is also the watchword for temporary foreign workers, with the federal government exempting some foreign workers from travel restrictions if they’re coming for an essential purpose. You can find out more about the variety of services, functions and work deemed essential here.
In addition, IRCC has implemented a temporary policy that allows those already in Canada on closed work permits the ability to change jobs while their new permit is processed.
Normally, any change in conditions would require the worker to apply for and receive a fresh work permit before starting their new job
Under the new temporary process, workers in Canada must apply for their new permit as normal, but also fill out an IRCC web form. Following a pre-screening process, they will then receive an emailed reply within 10 days confirming their ability to start the new job while the work permit is processed.
Spousal Immigration
IRCC is still accepting and processing spousal applications for permanent residence, and has even indicated a willingness to consider incomplete applications – making allowances for difficulties obtaining documents as a result of the COVID-19-related service disruptions.
As long as detailed explanations are provided for missing supporting documentation, the agency will hold on to incomplete applications for review for a period of 90 days. IRCC officers have then been instructed to issue a fresh request for missing documents after 60 days, with a further 90-day deadline attached.
“This is wonderful news for applicants, whether they reside inside or outside of Canada,” Seligman says.
On June 8, 2020 in response to criticism of the unpredictable nature of CBSA decision-making, the federal government recently announced a new policy regarding travel restrictions for immediate family members.
Under the new approach, spouses, children, parents and guardians travelling with Canadian citizens or permanent residents and staying for at least 15 days are exempted from the restrictions as long as they do not have COVID-19 or any symptoms. However, they must still quarantine for 14 days once inside Canada.
“It’s great to have some clarity and common sense,” Seligman says, welcoming the new policy.