Immigration application processing system set for massive revamp by the Canadian Government

A complete overhaul of Canadian immigration application processing system is in the works as the government braces for post-pandemic demand for migration to Canada. When travel restrictions begin to ease, a significant surge of applications and support requirements is anticipated, putting tremendous demand on IRCC’s global operations, and supporting branches.

Meanwhile, the government has closed or significantly scaled back many of its immigration operations, including all in-person interviews and the collection of biometrics, while many private visa centers around the globe that have contracts with Canada are also closed. In the face of so many challenges, IRCC has made great efforts to adapt, for instance, by prioritizing applications from Canadians returning to Canada, vulnerable people and people who perform or support essential services.

 How the government is looking to improve application processing system?

The government is seeking to be proactive by developing new strategies, processes, and digital systems to enable it to better fulfill its mandate. For an example, IRCC would like to adapt digital processes whenever possible to minimize the need for in-person or paper-based applications. This would not only protect the safety of IRCC and the public but could also result in more efficient and faster application processing.

Ways to modernize application processing system

Develop Digital Intake Solutions: Including the provision and implementation of digital intake tools to reduce/replace physical presence and paper-based requirements for client services and processing with digital alternatives

Develop and Implement Physical Distancing Required Digital Tools: Including the provision and implementation of tools to address new physical distancing requirements, reducing physical presence requirements of both our clients and employees with digital alternatives (i.e. online citizenship testing, virtual interviewing, etc.)

Implement Robotic Process Automation (RPA): Including RPA solutions to rapidly automate simple, high volume processes, dealing with employee shortages as well as allowing employees to focus on more complex and sensitive cases.

Analytics Solutions: Including data analytics solutions to provide insights into operational volumes and processing capacities to allow IRCC to effectively respond to rapid changes in the Canadian and Global situation.

Cyber security Strategy and Services: Including the provision of tools and strategic advice to address IRCC’s increased Cyber security threat because of COVID-19.

Legacy Integration Solutions: Including the provision of technology solutions to integrate digital tools and solutions with IRCC’s case management system environment (GCMS Integration)

Advisory Services: Including the provision of advisory services to help manage the initiatives and respond to emerging operational challenges because of COVID-19.

Canada will see a major spike in permanent and temporary resident arrivals once the global health and economic situation improves. Prior pandemic, Canada was welcoming record numbers of immigrants, foreign workers, and international students. By modernizing the application processing system, the IRCC should be in a stronger position to accommodate even more immigrants once the pandemic is over.

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!

Canada exempts essential workers from giving biometrics overseas

Immigration, Refugees & Citizenship Canada (IRCC) has implemented a temporary public policy exempting essential workers from giving biometrics overseas.

Temporary foreign workers are playing a key role in helping to safeguard the continuity of Canada’s food supply and health security as well as trade and commerce. Due to the ongoing service disruptions related to COVID-19, the Government has put in place a public policy to temporarily exempt foreign workers in certain sectors (e.g. agriculture, agri-food, truck drivers and health-care)  from having to give their biometrics before coming to Canada if the biometrics collection site closest to them is closed.

Most of the workers in essential occupations who are coming to Canada have already given their biometrics, as they have previously worked in Canada. Some exempt workers, such as seasonal agricultural workers, will now be giving their biometrics on arrival at Canadian ports of entry (POEs). Nonetheless, it will continue to maintain the safety and security of the Canadian public by ensuring that biometrics are collected for all TFWs.

What happens when the worker arrives in Canada?

The worker may be asked to give their biometrics at a Point of Entry (POE) in Canada. The worker will also be assessed by the Canada Border Services Agency (CBSA) to ensure that they are coming for an essential purpose, for example, they have a letter of introduction for a work permit, and have a valid job offer and can work once they enter Canada.

Once a worker has entered Canada, they must self-quarantine by law for a period of 14 days.

Options for workers who are not covered under the public policy, their application is in progress and still cannot give biometrics

If the visa application centres (VACs) or other biometrics collection sites are still closed, and extension to give biometrics is ending, the applicant will not have to give their biometrics until the biometrics collection sites reopen. This applies, even if the biometric instruction letter (BIL) says that deadline is 30 or 90 days. IRCC has reiterated that no application in progress will be closed or refused because of documents that are missing due to COVID-19.

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!