Temporary Foreign Worker Program updated with increase in Median Hourly Wages

The wage and the location for the position determines if the employer needs to apply for a Labour Market Impact Assessment under the Stream for High-wage Positions or the Stream for Low-wage Positions, each with their own requirements. Median hourly wages have gone up in most Canadian provinces and territories w.e.f.  May 11, 2020.

                                                                                               Source: Statistics Canada, Labour Force Survey, 2018 and 2019

Hiring TFWs amid Coronavirus outbreak and travel restrictions

The Government of Canada is also taking measures to improve flexibility and reduce the administrative burden for employers. The following measures are being applied to all existing and new LMIA applications as they are received:

  • employers are not required to submit minor administrative changes to the LMIA that would not change the terms and conditions
  • recruitment requirements for LMIAs in key occupations related to the agriculture and agri-food sectors are being waived until October 31, 2020.
  • LMIAs in key occupations related to the agriculture and agri-food sectors will be prioritized for processing.
  • the maximum duration of employment under LMIAs is increased from 1 to 2 years for employers of workers in the low-wage stream as part of a three-year pilot
  • employers applying under the Agricultural stream or Seasonal Agricultural Worker Program can submit a previously valid Housing Inspection Report (HIR), and
  • the name changes processes for employers wishing to change the name of already identified foreign worker, for reasons related to COVID-19, has been expedited

In response to economic downturn caused by COVID-19, the federal government has announced broad measures to protect Canadian jobs and facilitate funding to Canadian businesses.

Large Employer Emergency Financing Facility (LEEFF) program will provide bridge financing of at least $50 million to large employers in order to keep running their operations.

In addition to LEEFF, government also launches Business Credit Availability Program (BCAP) providing support of more than $10 billion to small and medium sized business under Business Credit Availability Program (BCAP).

Need help for LMIA application and hiring foreign workers!

The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc. Continuous research, attention to detail and painstaking hard work is required to obtain a positive LMIA. We help in assessment of our client’s profile and advice them on their eligibility to get an LMIA. We help Canadian employers for applying LMIA application and legally representing them before ESDC during the process.We help clients to apply for their Work Permit which authorizes them to legally work in Canada.

ESDC has currently waived the advertisement requirements for agriculture stream LMIA applications and hence the applications are being processed on expedite and priority basis.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

 

Grade 3 students in Toronto create comics about immigration stories

The Grade 3 students at Jackman Avenue Junior Public School in Toronto, Ontario gathered the stories through personal interviews, then wrote the scripts and designed the comics’ backgrounds and avatars using a program called Pixton. The stories were gathered through personal interviews, and the comic background was designed using Pixton, an online comic-maker.

One of the student, Adya Bhartia, decided to interview a close family friend who she calls Aunt Ludivine, and made her comic about the process of the assignment coming together. “It was more like a fun time I had on my hands, interviewing people and I love making Pixton comics and I like writing stuff,” Bhartia told CTV News. Bhartia felt as though creating the comic was a learning experience for her and discovered she had some similarities to her subject, because she too is an immigrant. “My favourite thing about Canada was the really kind people. The people who are really polite, try and help you. I really like that, and my aunt also liked the same,’ Bhartia said. Bhartia’s teacher, Ian Lawrence, was surprised that students approached the assignment in different ways.

“One student, Adya, she went with making a comic about the whole process of making the comic, very meta, which is really cool,” he added.

“Another student just did a whole story from the perspective of his grandfather from Yugoslavia all the way to the process of immigrating to becoming a Canadian citizen. Very different process, but very cool comic as well.”

Lawrence himself made a comic as an example to his students. The comic was about his mother’s immigration journey from Macau, to Hong Kong and then to Canada where she worked as a Public Health nurse.

Lawrence also made a comic about his mother’s immigration story as example for students. The comic was about his mother’s immigration journey from Macau, to Hong Kong and then to Canada where she worked as a Public Health nurse. “I wanted to show the students you never know who in your community is from another country and what story they brought with them to come to Canada,” said Lawrence.

Canada is one of the most multicultural and developed countries in the world, with clean and friendly cities, world-class universities, business and job opportunities. There are exciting opportunities to pursue higher education with a high-quality education system that is conducive for learners of all ages and, Canadians enjoy a high quality of life in part because of their free public health care system. Canada is respectful of people’s fundamental rights.

The Canadian government respects the right to religion, freedom of expression, gathering, and association. Canada is also known for its tolerance for minority groups, including its cultural richness and bilingual society where French and English are the two official languages of communication. Canada also enjoys a stable economy and political environment that ensures immigrants are well received, with good working conditions and Provincial Labour Laws that are aimed at protecting foreign workers.

Canada has invited tens of thousands of candidates to apply for permanent residence so far this year, despite travel restrictions due to the COVID-19 pandemic.

Contact us to explore if you are eligible for any of the Canada’s immigration program!

 

CRS score drops to 440 in latest Express Entry Draw

A total of 3,515 candidates were invited to apply for Canadian permanent residence in the Express Entry draw which took place on May 28, 2020. The cut-off CRS score in this draw was 440 which is the lowest score recorded in this year so far since January 2020. Immigration, Refugees and Citizenship Canada (IRCC) has now issued a total of 42,100 Invitations to Apply (ITA’s) in 2020 through the Express Entry system.

Current cut-off CRS score of 440 is a decrease of 7 points from the previous CEC draw held on May 15, which had a minimum score of 447. Today’s CEC draw was the second invitation round in 24 hours to issue Invitations to Apply (ITAs) for Canadian permanent residence through Express Entry. Yesterday, IRCC issued 385 ITA’s to Express Entry candidates nominated through the Provincial Nominee Program (PNP). The minimum CRS score for these candidates was 757. Provincial Nominee Program (PNP) Candidates receive an additional 600 points in the Comprehensive Ranking System (CRS), which is usually sufficient to trigger an invitation to apply (ITA) at the next round of invitations.

Since March 18, 2020, the Government of Canada has held eleven Express Entry draws and invited provincial nominees and Canadian Experience Class candidates only, which shows the first quarter of the year 2020 has been great for Express Entry besides COVID-19 pandemic. Canada remains on pace to achieve its Express Entry target of 85,800 ITAs in 2020, with 34,829 ITAs so far, compared with 31,250 at this time in 2019.

As per Government of Canada’s Immigration Levels Plan for 2020-2022, Canada will welcome 341,000 new permanent residents in 2020, 351,000 in 2021, and 361,000 in 2022.

Express Entry is the application process for skilled workers in Canada or Overseas who want to settle in Canada permanently. Interested Candidates are required to submit an online application to express their interest by creating Express Entry (EE) profile and, providing information about their skills, work experience, language ability, education and some other details. After submitting the profile, candidates get a score to determine their place in the pool using the point-based system called Comprehensive Ranking System (CRS). The CRS system considers skills, work experience, language ability, education and other factors (e.g. having a sibling in Canada, Canadian education or a valid job offer in Canada, etc.) to award points. Highest ranking candidates from Express Entry pool are regularly invited to apply for Canadian Permanent Residence. Express Entry manages applications for permanent residence under these federal economic immigration programs:

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

 

Compliance obligations for employers hiring temporary foreign workers during COVID-19

Employers hiring foreign workers in this current COVID-19 pandemic situation have a specific responsibility in helping to prevent the introduction and spread of the coronavirus. The Government of Canada has introduced new public health and safety requirements and guidance to facilitate the entry of temporary foreign workers (TFW’s). New regulations in the Immigration and Refugee Protection Regulations (IRPR) have also created additional obligations for employers considering COVID-19 pandemic. The compliance inspections can be random, based on suspected non-compliance or previous non-compliance. According to the Regulatory Impact Analysis Statement of the Regulations Amending the Immigration and Refugee Protection Regulations (Emergencies Act and Quarantine Act): SOR/2020-91, new measures allow inspections to be initiated in other situations: when a communicable disease presents at the workplace of a foreign worker or when a foreign worker is or was required to comply with an order of the Quarantine Act.

Compliance obligations related to COVID-19

  • The foreign worker must self- quarantine for a 14- day period upon entering. Forcing a foreign worker to show up to a workplace during the 14-day period would be considered to be a violation of the new requirement.
  • The employer cannot authorize the foreign worker to work during the quarantine period, even if requested by the worker. There are exceptions for those deemed as providing an essential service by the Chief Public Health Officer. In addition, the employer cannot ask the worker to perform other duties during that period, such as building repairs or administrative tasks.
  • The foreign worker’s employment period begins upon their arrival to Canada, and includes the initial 14 – days of mandatory quarantine period.
  • The employer must pay regular wages and benefits to the foreign worker for the quarantine period based on the hourly wage indicated on the LMIA and/or offer of employment.
  • The employer is asked to monitor the health of foreign workers who are in quarantine, as well as any employee who becomes sick after the quarantine period. If a foreign worker becomes symptomatic at any time, the employer should contact local public health officials.

Additional criteria for employers providing accommodations to TFW

  • The employer is required to house quarantining foreign workers in accommodations that are separate from those not subject to quarantine. This may require finding alternate accommodations (for example hotel) if this requirement cannot be met.
  • Self-isolating/quarantined foreign workers are separate from other foreign workers and remain at least 2 meters away from another person.
  • Cleaning products for the purpose of cleaning and disinfecting the accommodations regularly are provided to workers who are in isolation or quarantine.
  • For the duration of the quarantine period, the employer is asked to ensure that the accommodations do not prevent the worker from avoiding contact with older adults (65+) and those with medical conditions who are at risk of developing serious illness.

Penalties for non-compliance

If employer is found to be non-compliant as a result of a Service Canada inspection, specifically to the new IRPR requirements related to COVID-19, the department has the authority to apply the most severe consequences possible.

  • Administrative monetary penalties
  • A ban of one, two, five or ten years, or permanent bans on new LMIAs/work permits for the most serious violations
  • The publication on a list of non-compliant employers
  • The revocation of existing LMIAs/work permits

Implications for foreign workers

Under the Quarantine Act, temporary foreign workers (TFW’s) will be penalized if their actions are found to compromise public health. TFW’s convicted of violating an order would be unable to enter Canada for a year without permission through an Authorization to Return to Canada request.

The COVID-19 situation is rapidly evolving with new measures being adopted or modified at both the federal and provincial level. It is a challenging time for everyone, and employers and foreign workers are no exception. With new regulations and compliance, there are tools to protect public health and wage security amid COVID-19 pandemic. However, time will tell how the compliance regime deals with rapidly changing economic circumstances that are likely to impact employers.

Need help for LMIA application and hiring foreign workers!

The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc. Continuous research, attention to detail and painstaking hard work is required to obtain a positive LMIA. We help in assessment of our client’s profile and advice them on their eligibility to get an LMIA. We help Canadian employers for applying LMIA application and legally representing them before ESDC during the process.We help clients to apply for their Work Permit which authorizes them to legally work in Canada.

ESDC has currently waived the advertisement requirements for agriculture stream LMIA applications and hence the applications are being processed on expedite and priority basis.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

COVID-19 : Incomplete study permit applications are accepted by the Canadian Government

The Canadian Government is accepting incomplete student permit applications from International Students. Study permit applications will not be refused because of missing documents due to COVID-19 pandemic and closures.

The COVID-19 pandemic has forced many visa application centres to close temporarily or limit their operations. As a result, applicants are unable to complete the essential components of their application: biometrics, medical examination, and submitting original travel documents.

Until further notice, IRCC offices will not refuse an application for non-compliance. IRCC officers will continue to request additional supporting documents or necessary actions (such as biometrics and medical exams) as part of the application process and will keep the applications open until documents are received or evidence is provided that action has been taken. The temporary measure will allow international students some flexibility in submitting study permit applications.

Overseas Study permit applications

IRCC is still accepting study permit applications from students who want to study in Canada. International students whose study permits were approved after March 18 will be sent a push notification advising them that they may not be exempt from temporary travel restrictions, and they should not make plans to travel to Canada until restrictions are lifted. Online studies at a Canadian Designated Learning Institution (DLI) will not hurt any future Post-Graduation Work Permit (PGWP) application for international students whose programs start in June or in the fall semester.

Study permit extensions (in Canada)

Due to school closures, some international students may be unable to obtain a letter of acceptance or proof of enrolment from their DLI. As a temporary facilitation measure, students applying to extend their status will be allowed to submit an extension application without a letter of acceptance or proof of enrolment. In lieu of the letter of acceptance, the applicant should submit a letter of explanation indicating that they are unable to submit the requested document due to their school’s closure. Once these documents become available, applicants should submit the documents using the IRCC Web form. If no documents are submitted by the time CPC-E is ready to process the application, the documents will be requested by the processing officer as per the instructions above. Students required to restore their status will also be able to submit an application without a letter of acceptance or proof of enrolment and should submit the documents once they become available using the IRCC Web form.

Compliance with study permit conditions

As a consequence of COVID-19, students who were studying in Canada prior to March 18, 2020 or whose programs of study began in May or June 2020 and whose programs of study are temporarily shifted to an online format will still be considered compliant with their study permit conditions if they remain enrolled at their DLI and continue to actively pursue their studies online. If a DLI closes permanently as a consequence of COVID-19, students in Canada should either enrol in a new program of study, change their status or leave Canada. For the purpose of assessing if a student is enrolled and actively pursuing their studies, any time taken to transition to a new DLI and program, change status or leave Canada should not exceed 150 days from the date the school closed. If the student does not intend to enrol in a new program of study and is unable to leave the country, they must apply for a visitor record or a work permit.

Student off-campus work authorizations

International students who have been forced to drop to part-time studies or take a break in their studies due to COVID-19 can continue to work on or off campus. They are still subject to the authorized number of hours they would have been permitted to work as a full-time student. For instance, full-time students during the winter 2020 semester who were forced to drop to part time and complete their courses via distance learning are authorized to work off campus for up to 20 hours per week during regular academic sessions and full time during the DLI’s regularly scheduled breaks.

New rule allows international students to work full-time during COVID-19 outbreak

IRCC has temporarily removed the condition that allows international students to work a maximum of 20 hours per week during regular academic sessions, provided they are working in an essential service or function, such as health care, critical infrastructure, or the supply of food or other critical goods. This temporary change is in place until August 31, 2020. Services and functions that may be considered essential are included in the government’s Guidance on Essential Services and Functions in Canada During the COVID-19 Pandemic. Officers can refer to the list for information purpose only.

Requests for additional documents on open applications

  • Until further notice, officers may continue to request any necessary additional documents or impose regulatory requirements for processing in relation to all temporary residence, permanent residence and citizenship applications in Canada and abroad, including police certificates, biometric enrolments, passports and medical examinations, as follows:
  • When additional documentation is required to make a decision on the application, processing officers should send a request letter and allow 90 days for the applicant to respond.
  • If a request for additional documentation was previously sent but the applicant was unable to comply within the deadline, processing officers should bring forward the application and allow an additional 90 days for the applicant to respond.
  • If the time has expired after receiving the 90-day request letter and the applicant has not submitted the additional documentation, the processing officer should send an additional request letter and allow 90 days for the applicant to respond.
  • Until further notice, applicants will not be refused for non-compliance.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!