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 info@canximmigration.com 

Who can submit a paper application to stay in Canada?

Foreign nationals in Canada seeking to extend their stay must apply electronically (online) unless they are one of the exceptions. On June 4, 2019 the Immigration and Refugee Protection Regulations (IRPR) were amended to make an electronic application mandatory for most temporary residence applications made from within Canada. Applications need to be sent electronically if foreign nationals want to:

However, Immigration, Refugees and Citizenship Canada (IRCC), allows some exceptions to this rule.

Exceptional circumstances

There may be exceptional circumstance beyond the control of foreign nationals, individuals, or entities, and can be grounds for bypassing the online application requirement. Applicants may fall under this exemption if they cannot submit online application because of inadequate, or incompatible electronic infrastructure in their country. Exceptional circumstances could also include a natural disaster, political turmoil, or another situation that limits their access to electronic communication.

Disability

A foreign national or an individual who, because of a disability, is unable to meet a requirement to make an electronic application may also apply paper-based application.

System restrictions 

There are 2 online systems that clients can use

Come to Canada tool and MyAccount are inadequate for specific applicants inside Canada. As a result, the applicants may be exempt from the mandatory online application.

List of the programs exempt from electronic (online) application are as follows:

  • Open work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada class.
  • Live-in caregivers who have submitted an application for permanent residence
  • Permanent residence applicants in Canada who used Express Entry to submit their permanent residence application and have received an acknowledgment of receipt letter
  • Start-up visa work permit applicants
  • Quebec physicians
  • International Experience Canada (IEC) participants extending the period of participation or changing employers
  • Post-graduation work permit (visitor record to post-graduation work permit and post-graduation work permit extensions
  • In-Canada applicants under the 2 pilots for caregivers [Home Child Care Provider Pilot (HCCPP) & Home Support Worker Pilot (HSWP)]
  • Destitute students
  • Holders of a temporary resident permit valid for a minimum of 6 months
  • Seafood-processing workers
  • Non-Seasonal Agricultural Worker Program (SAWP) Guatemalan workers
  • Urgent referrals process for work permitsor otherwise specified by the Clients Support Centre’s call handling document
  • Refugee claimants
  • Persons under an unenforceable removal order
  • Failed refugee claimants waiting for removal who need to support themselves
  • Visitors in Canada applying for an initial study permit, work permit or both who are accompanying a spouse holding a low-skilled work permit

If the foreign national has an authorized paid representative with access to Canada’s APR portal, the representative is required to submit applications electronically on behalf of their client.

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 will provide our insights and help as much as we can during these difficult times.

We Care!

Canada’s immigration in second half of 2020

The COVID-19 pandemic has had a major impact on Canada’s immigration system where immigrants were affected by numerous disruptions like difficulties in accessing language testing, credentialing services, biometrics, or other government services while immigration professionals have also been working hard around the clock to adjust to all the policy changes related to immigration.

However, things are continuing to improve in the second half of 2020 such as

  • Immigration candidates can now book and complete an English language test, and obtain an Educational Credential Assessment (ECA)
  • IRCC is giving candidates more time to submit their documentation, and are not refusing anyone if they are unable to submit a complete application due to COVID-19 interruptions
  • Canada is as committed as ever to welcoming immigrants to support its economy

But there are some of the major issues we should look out for in the remaining six months of 2020.

Travel Restrictions

The biggest issue is when the travel restrictions will be lifted with the U.S. and the rest of the world. Certainly, no one knows. It depends on how successful Canada and other countries will be in containing COVID-19. However, as soon as pandemic will be under control Canada can exempt more immigrants and lift the restrictions.

International Students

Another major issue is whether Canada will accommodate international students in time for the fall 2020 semester. Although IRCC is processing study permits but under current travel restrictions, international students who did not have a valid study permit prior to March 18 are unable to come to Canada. It is anticipated Canada may exempt new study permit holders who wish to begin their studies in Canada by September later this summer.

Federal Skilled Worker Program (FSWP)

Since the start of the pandemic, however, express entry draws have only focused on Provincial Nominee Program (PNP) and Canadian Experience Class (CEC) candidates since they are less likely to experience coronavirus disruptions than overseas candidates. However, there are few important points to note:

  • Some of the CEC and PNP candidates now receiving ITAs are also overseas
  • By the time that successful candidates submit their permanent residency applications and they are processed by IRCC, we will be in 2021. At that point, hopefully, Canada’s border rules will have been eased
  • Why should FSWP and Federal Skilled Trades Program (FSTP) candidates—some of whom are currently in Canada—be excluded from EE draw
  • It is more likely IRCC may include FSWP in EE draws

Family Class

Yet another important question right now is whether IRCC will renew the Open Work Permit Pilot before it expires on July 31. The pilot gives an open work permit to spouses and partners of Canadian citizens and permanent residents who are waiting for their spousal sponsorship application to be processed. Given how beneficial this pilot is to Canadian families and the economy, we should expect it to be renewed.

Also, Parents and Grandparents Program (PGP) has been delayed due to its improvement by IRCC and the onset of COVID-19. However, IRCC may announce details about the program’s launch later in 2020.

Immigration Levels Plan 2021-2023

Another biggest story in the next six months will be 2021-2023 Immigration Levels Plan announcement by the Government. By November 1st, we will know the extent to which COVID-19 is going to impact Canada’s short- and medium-term immigration goals.

Altogether, COVID-19 has not impacted Canada’s need for immigration, so there is a strong chance immigration levels will remain high in 2021 and beyond.

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!

Canada – the best alternative after new immigration restrictions in United States

Canada – the best alternative after new immigration restrictions in United States

Despite the havoc the coronavirus has wreaked onto the global economy, Canada still recognizes that immigration supports the labour market and the country’s economic growth. The US president signed a new Executive Order to limit immigration to the United States for the rest of this year. The Executive Order takes effect on June 24, 2020 at 12:01 AM EDT and expires on December 31, 2020. America’s temporary ban on immigration and with the restrictions on permanent residency in the U.S., more people could eye Canada.

Immigration Matters: Growing Canada’s future

Thanks to immigration, Canada’s labour force continues to grow by a small amount every year. Immigrants help grow Canada’s future through their contribution to various industries. Because of its internationally recognized quality of life and post-secondary educational institutions, Canada attracts talent from around the world to help build the country’s economy and grow the science and technology sector. Immigrants account for 40% of computer programmers, 41% of engineers, 36% of all pharmacists and family physicians and more than 50% of all chemists.

Since 2015 to till date immigrants in Canada has increased by 26% whereas in US the immigration number has dropped by 7% from 2016 to 2018 and will continue to drop with new policies in place by the US government. According to the 2019-2021 multi-year levels plan released by IRCC, it plans to admit 341,000 new permanent residents in 2020 and another 350,000 in 2021.

Why Canada needs more immigration now?

Canada’s worker-to-retiree ratio is 4 to 1. By 2035, 5 million Canadians are set to retire, and some employers are already having trouble finding Canadian-born workers to fill jobs. Thus, Canada needs immigrants to stimulate Canada’s economy and support its fiscal standing.

Canada’s per capita immigration intake triple that of U.S.

Canada welcomes three times as many immigrants than the U.S. Canada has a population of about 38 million and is now welcoming around 340,000 immigrants per year (0.9% of its population) whereas the U.S. has a population of some 330 million and welcomes around 1.1 million immigrants per year (0.3% of its population). Nearly 60 per cent of Canada’s immigrants arrive under the economic class while U.S. admits about 10 per cent of its immigrants under this class.

Canada also offers Post Graduate Work Permit (PGWP) which allows international graduates to stay and work in Canada after completing their studies which further helps them to gain permanent residency in Canada. US on the other hand has a similar program Optional Practical Training program (OPT) allows graduates in the field of science, technology, engineering, and math to remain and work for up to 24 months in the U.S. after finishing their studies. However, US government has already imposed restrictions on H1B visa while restrictions on OPT program is also expected which may limit the pathway for both international students and skilled workers to permanent residency in US

Canada’s unwavering commitment to immigration during coronavirus pandemic

Though Canada has also enacted temporary restrictions on foreign travel as part of its efforts to stop the spread of coronavirus, Canada continues to demonstrate its commitment to the 2020-2022 Immigration Levels Plan that it announced in March 2020.

Canada is still allowing exempt immigrants, international students, and temporary foreign workers to enter the country. It has also announced more lenient measures to help accommodate immigration applicants who are not able to submit their complete documentation because of coronavirus-related disruptions.

The applications for permanent residence are still being approved and the federal and provincial governments are still holding immigration draws to invite more people to submit permanent residence applications.

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!

IRCC policy updates for international students amid Coronavirus pandemic

Canada introduced travel restrictions and temporary changes to immigration policy to contain the spread of the novel coronavirus. However, Immigration, Refugees and Citizenship Canada (IRCC) remains committed to serving the needs of international students and other temporary and permanent residents. Summary of important developments related to international students and immigration during the current coronavirus pandemic is as follows:

I have a study permit or work permit that will expire in the coming weeks and I am unable to obtain a new passport or access required documents. Will I be given an extension?

International students in Canada should apply online to renew their permit in order to trigger implied status. This would allow them to continue studying or working in Canada while their application is being processed.In addition, applicants who are unable to access required documents or get their biometrics, must attach a explanatory letter detailing the situation. If the application is incomplete, it will not be refused, and the applicant will be given 90 days to submit their documents.

Will my study permit take longer to be processed with all the service disruptions in place due to COVID-19?

IRCC will still process study permit applications, but there may be some processing delays.

I have had my May intake acceptance deferred to September. Will I need a new Letter of Acceptance?

If you are in Canada at the time of deferral, you must begin your studies within 150 days from the date of deferral, or the following semester, whichever comes first. If this is not possible, you will have to change your status (for example, to a visitor status), or leave Canada.

I have a study permit or have been approved for one, and will start online courses in summer or fall 2020. Will this affect my future Post-Graduation Work Permit (PGWP) eligibility?

You may begin your classes while outside Canada and complete up to 50% of your program. In this case, you will remain eligible for the PGWP and you will not have any time deducted from the length of your future PGWP, up to December 31, 2020.

I do not have a study permit. Can I still start my studies online from abroad?

Yes! You may start your studies online from abroad without having a study permit. However, in relation to your studies contributing to your future PGWP eligibility, you would need a study permit or a study permit approval.

If I am starting my courses online, do I have to be a full-time student to maintain future PGWP eligibility?

Yes! You are expected to study full-time unless your Designated Learning Institution (DLI) is currently unable to offer full-time study.

I am a new graduate with implied status awaiting a decision for my PGWP application. I also have a job offer letter. Will I be allowed to come to Canada?

If your study permit is no longer valid, you will need to have a Letter of Introduction to be exempt from the travel restrictions. A Letter of Introduction is the letter you receive from IRCC once you have been approved for the PGWP.

What would be the impact to my PGWP eligibility if my courses moved online and will now account to more than 50% of my overall study?

If you were already in Canada and your course or program has moved online due to COVID-19, you may still be eligible for the PGWP, even if your online study now accounts for more than 50% of your overall study.

If I start my studies online from abroad without an approved study permit, will this time be included towards a future PGWP application?

No! Time spent studying online from abroad without a valid study permit or approval will not count towards your eligibility for PGWP.

I am an international student and I have accessed the Canada Emergency Response Benefit (CERB). Will I still be eligible to apply for PGWP or Permanent Residence (PR)?

If you have accessed CERB, this will not affect your eligibility for PGWP or PR.

My son, daughter or dependent is a minor with a valid study permit. Am I allowed to come to Canada?

Immediate family members of residents who are not Canadian citizens or permanent residents are exempt from the travel restrictions and may be able to come to Canada. However, before coming to Canada, you must first obtain authorization from IRCC to be able to board a flight. To do this, submit a request by sending an email to: IRCC.COVID-TravelExemptions-Exemptionsdevoyage-COVID.IRCC@cic.gc.ca. In addition, if you do not already have a temporary visa or an Electronic Travel Authorization (eTA), you will first need to apply for one.

Can I work full-time if my semester is suspended?

A suspended semester is not considered a scheduled break. Therefore, you will only be able to work the same number of authorized hours detailed on your study permit.

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!