14 Dec 2016
Author: BartLaw
15 Nov 2016
Important Canadian Express Entry Immigration Law Changes
Last week, the government of Canada confirmed they will be implementing significant changes to the Express Entry system scheduled to take effect on November 19, 2016. The tabled regulations include a number of positive changes, such as extending the deadline to submit an applicant’s permanent residence application from 60 days to 90 days; granting points […] Read More 9 Nov 2016
Immigration to Canada Interest Grows Exponentially in Wake of US Election Results: How to Move to Canada and Become a Canadian Citizen
There are approximately 100 different immigration options available to applicants wishing to immigrate to Canada, including both federal and provincial based immigration programs. One of the most popular immigration options is through the Express Entry (EE) system. The EE system is an online application management process used for all applicants who qualify for permanent residence […] Read More 2 Nov 2016
Canadian Immigration Law Updates – November 2016
CETA and Labour Mobility The Canada-European Union: Comprehensive Economic and Trade Agreement (“CETA”) was signed on October 30, 2016. Once in effect, the mobility provisions of CETA will facilitate temporary entry into Canada for foreign nationals of its 28 signatory countries, including the United Kingdom. Under Canada’s International Mobility Program (“IMP”), CETA will provide additional […] Read More 24 Oct 2016
ETA Deadline Approaching & Employer Compliance Filing for NAFTA Employers
ETA Required Prior to Travel to Canada: Final Deadline Approaches Immigration, Refugees and Citizenship Canada (IRCC) has extended the Electronic Travel Authorization (eTA) requirement date for visa-exempt nationals. Non-U.S. visa-exempt foreign nationals who are travelling to Canada by air must obtain an eTA prior to entering Canada effective November 10, 2016. This date has been […] Read More 31 Aug 2016
Jacqueline Bart – Most Highly Regarded Canadian Corporate Immigration Lawyer 2016
“Jacqueline Bart at BartLAW is our most highly regarded Canadian Corporate Immigration Lawyer 2016. She provides ‘detailed advice’ and is a ‘real pleasure to work with’”. Law Business Research, affiliated with the American Bar Association, Section of International Law. For the second year in a row, Jacqueline ranked 5th amongst North American corporate immigration […] Read More 29 Jul 2016
Firm News – July 2016
Jacqueline Bart has been shortlisted as one of ten lawyers for a “NOW's Readers’ Choice Award” as the “Best Lawyer In Toronto”. Jacqueline Bart won first place as Immigration Lawyer of the Year Canada for Finance Monthly Global Awards 2016. Read More 29 Jul 2016
The Intersection of Immigration and M&A Law
In our previous newsletter, we outlined the regulatory amendments and the risks associated with overlooking immigration in an M&A due diligence process. In this newsletter, we will continue our review of the impact of immigration regulations on M&A transactions Read More 15 Jun 2016
Immigration Due Diligence Requirements in Mergers and Acquisitions
In December 2015, a number of regulatory amendments came into force in Canada that could create significant liability for businesses who are engaged in an M&A or other corporate restructuring without addressing the immigration implications. Read More 7 Apr 2016
Firm News – April 2016
Jacqueline Bart will speak at the American Bar Association's 2016 Spring Meeting in New York City on April 16. The panel topic will be "Syria Refugees: What Are the Economic and Social Consequences to the States Granting Asylum to Those Displaced?" Ms. Bart will speak about Canadian refugee resettlement. Read More 8 Mar 2016
Higher Immigration Levels Announced For Canada
Today, the Minister of Immigration, Refugees and Citizenship, John McCallum, announced that Canada will welcome a greater number of immigrants in 2016.The Government of Canada plans to bring in between 280,000 and 305,000 new permanent residents in 2016. Read More 19 Feb 2016
Electronic Travel Authorization (eTA) required for travellers to Canada effective March 15, 2016
Immigration, Refugees and Citizenship Canada (IRCC) has established a new entry requirement for visa-exempt, non-U.S. foreign nationals travelling to Canada by air called the Electronic Travel Authorization (eTA). The purpose of an eTA is to allow Canada Read More 26 Jan 2016
Part Two: Canada’s International Mobility Program: What is new?
The International Mobility Program (IMP) is the immigration program that encompasses all work permits (and work permit exemptions) that were issued without obtaining a Labour Market Impact Assessment (LMIA). Just like under the Temporary Foreign Worker Program (TFWP) Read More 13 Jan 2016
Canada’s Temporary Foreign Worker Program: What is new?
Corporations sponsoring foreign workers under the Temporary Foreign Worker Program (TFWP) must meet specific requirements to hire foreign workers and uphold the conditions as set out in the employer immigration compliance rules, which came into force on December 1, 2015 Read More 4 Jan 2016
BARTLAW LLP Immigration Update
On December 18, 2015, the Ontario Immigrant Nominee Program (OINP) announced the eligibility criteria for their new Entrepreneur stream. To apply, applicants must meet the following minimum eligibility criteria Read More 4 Nov 2015
Canada’s Trudeau Government: A New Era for Immigration
Prime Minister Justin Trudeau was officially sworn into office as Canada’s 23rd leader today. The new Liberal Government has announced a 31 member cabinet that includes new ministers for Immigration, Public Safety, and Employment. Read More 27 Jul 2015
BARTLAW LLP News and Canadian Citizenship Law Changes
Jacqueline Bart was rated as the “most highly regarded individual” for corporate immigration law in Canada. Ms. Bart also ranks 5th in corporate immigration for North America. This research was conducted Law Business Research Ltd., the law research sponsor of the American Bar Association SIL. Read More 31 Mar 2015
New Passport Requirements for Canadian Citizens
As of May 9, 2015, the government has changed the passport rules for Canadian Citizens applying for passports as follows: Photos will be valid for six months from the date they were taken (currently 12 months) and; Tinted eye glasses cannot be worn. Read More 3 Mar 2015
International Mobility Program: New Regulations Require Employer Compliance Filings Prior to Work Permit Application
This week, Citizenship and Immigration Canada (“CIC”) unveiled a new employer compliance form under the International Mobility Program. Based on the new regulations, employers are now required to file employment confirmation information prior to filing a foreign worker work permit application. Read More 4 Dec 2014
Government Publishes Express Entry Permanent Residence Application Rules
In January of 2015, the Canadian Government will roll out a new permanent residence application management process called Express Entry (EE), a two-step process which was designed to match Canadian employers with foreign workers and to streamline the application management process. Read More 25 Jun 2014
Government Announces Fundamental Changes to Various Immigration Programs
On Friday, June 20, 2014, major changes were announced by Ministers Kenney and Alexander to the Temporary Foreign Worker Program (TFWP). The TFWP is being re-organized into two distinct programs. The Labour Market Opinion has now been renamed the Labour Market Impact Assessment (LMIA) Read More 2 May 2014
Foreign Worker Program Changes Affecting Fast Food Restaurant Employers
In order to obtain a work permit to Canada for a temporary foreign worker, employers must generally obtain a labour market opinion (LMO) in support of the work permit application. Although there are hundreds of exceptions to this requirement, the LMO exemptions are very specific Read More 24 Apr 2014
Permanent Residence Cap Opens May 1, 2014 for 50 Occupations #immigrationcap2014
Starting on May 1, 2014, the Canadian Government has announced a new cap of 25,000 applications, which includes a sub-cap of 1,000 applications for each of the 50 eligible occupations. Applicants may qualify for immigration to Canada, if they have work experience in one of the eligible occupations. Read More 21 Apr 2014
BARTLAW LLP Immigration News: Global Immigration Seminar in Toronto
BartLAW is pleased to announce that it is sponsoring and hosting a Global Immigration Seminar in Toronto which is the first of its kind in the world. The seminar is a joint collaboration between the International Association of Lawyers and the International Association of Young Lawyers Read More 7 Apr 2014
Upcoming Joint AIJA/UIA Seminar: Business Travel and Short Term Mobility: International Legal Trends
Details regarding the upcoming Joint AIJA/UIA Seminar on Business Travel and Short Term Mobility about International Legal Trends Read More 25 Mar 2014
Ontario Is Requesting More Provincial Immigrants
The Ontario government has introduced legislation proposing an expansion of the Provincial Nominee Program (PNP). Under the proposal, Ontario would select 5,000 immigrants per year, which is a dramatic increase from the current 1,300 economic immigrants accepted in the program each year. Read More 25 Mar 2014
New Rules for International Students in Canada
The Canadian Government recently introduced new rules for international students that are scheduled to come into effect on June 1, 2014. Moving forward, study permits will be limited to authorized academic institutions designated by each province and territory. Read More 25 Mar 2014
Canadian Citizenship Law Changes Anticipated in 2015
On February 6, 2014, Citizenship and Immigration Minister Chris Alexander introduced Bill C-24, the Strengthening Canadian Citizenship Act, for first reading in the House of Commons. It is expected that, after consultations, this bill will come into force in 2015-2016. Read More 25 Mar 2014
The Most Recent Canadian Temporary Foreign Worker Changes
As usual under the current Conservative government, the federal budget announced on February 11, 2014 included new limits to be placed on the TFWP (Temporary Foreign Worker Program). In the budget the government announced that it plans to limit and enforce the use of Temporary Foreign Workers by Canadian businesses. Read More 31 Dec 2013
New Employer Requirements for LMO-Based Work Permits Become Law December 31, 2013
Starting December 31, 2013, various amendments to the Immigration and Refugee Protection Regulations (IRPR) come into force, in addition to new Ministerial Instructions issued by the Minister of Employment and Social Development Canada (ESDC) which impose additional obligations on employers under the LMO-based Temporary Foreign Worker Program (TFWP). Read More 14 Nov 2013
New Permanent Residence Caps and Occupational Restrictions under the Canada Experience Category Announced
On November 8, 2013, the Harper Government announced that a maximum of 12,000 new permanent residence applications in the Canadian Experience Class (CEC) will be considered for processing each year. Under the CEC application process, the applicant must have claimed at least 12 months of work experience Read More 27 Sep 2013
Foreign Service Workers To Return To Full Time Work At Canadian Visa Offices
Canada’s foreign service has reached a deal on a new contract with the federal government, ending a lengthy dispute and rotating strikes that have created an extensive backlog to visa processing and other consular services abroad. The government agreed to increase base pay for senior ranks of the foreign service Read More 29 Aug 2013
Four New Developments in Canadian Immigration Law
Chris Alexander is Canada’s new Minister of Citizenship and Immigration. He replaces Jason Kenney, who is the new Minister of Employment and Social Development (formerly Human Resources and Skills Development). Mr. Alexander, who was elected to the House of Commons for the riding of Ajax-Pickering in 2011 Read More 13 Jun 2013
Reduction of the Maximum Age of Sponsorship
On May 17, 2013, the Canadian government announced that the maximum age of dependents will be set at 18 years of age under all immigration programs. Previously the maximum age was 22 years and if the dependent continued in full time school after the age of 22 years, they could continue to be sponsored to Canada Read More 13 Jun 2013
Four Year Maximum Work Permit Duration
On April 1, 2011, the cumulative duration of work permits issued under the Temporary Foreign Worker Program (TFWP) was reduced to a four year maximum. The government’s primary goal in enacting this law was to prevent foreign workers who are working temporarily in Canada Read More 12 Jun 2013
On-Site Investigations of Employers and Foreign Worker Audits
On June 8, 2013, the government announced new regulations under the Immigration and Refugee Protection Act, which would require employers who have hired foreign workers to maintain foreign worker records for a period of six years to demonstrate compliance with the Temporary Foreign Worker Program. Read More 10 May 2013
Changes to the Parent and Grandparent Sponsorship Program
On May 10th, 2013, Citizenship and Immigration Canada announced the reopening of the Parent and Grandparent Sponsorship Program starting January 2, 2014. Whilst the quota of intake applications will be extremely low, at 5,000 applications in total for the first year, it is a step forward from the suspension of this valuable and important immigration program in 2011. Read More 30 Apr 2013
Significant Changes to the Canadian Temporary Foreign Worker Program Announced Yesterday
On April 29, 2013, the Canadian government announced reforms to the Temporary Foreign Worker Program (TFWP) as a result of the recent TFWP abuses that have been highlighted by the media over the course of the past two months. Although it is evident that Canada requires foreign talent Read More 23 Apr 2013
New Federal Skilled Worker Program: Occupations and Caps Unveiled
Citizenship and Immigration Canada has announced a list of 24 qualifying occupations for the new Federal Skilled Worker Program. The list includes various engineering occupations, certain medical and computer professionals, and a number of other occupations listed below. Read More 12 Apr 2013
Canada Opens a New Immigration Category Pilot: The Start Up Business Class Immigration Program
After announcing the creation of a new type of entrepreneur application process in 2012, on March 30, 2013, Citizenship and Immigration Canada ( “CIC”) changed the law and policy in Canada to implement the Start-Up Business Class, which is currently in a Pilot (ie. test) format subject to further CIC assessment. Read More 8 Mar 2013
International Women’s Day: A Reason to Celebrate and to Reflect
The past five decades have brought meaningful legal improvements into the lives of many women in the world. At our office, we have been discussing how fortunate we are to live in Canada and enjoy the constitutional entrenchment of gender equality and the rule of law. Read More 27 Feb 2013
Immigration Alert: Canadian Permanent Residence Application Categories Now Open
Foreign workers seeking to apply for permanent residence to Canada may now do so based on three new categories. Some of these permanent residence categories have caps and restricted occupations, such as the new Federal Skilled Trades Class and the Skilled Worker Class. For example, the Federal Skilled Trades Class only accepts up to 100 applicants Read More 21 Jan 2013
Canada’s New Immigration Rules 2013
Canada’s efforts to counteract an ageing population and the need for young skilled workers has led to a re-evaluation of the Federal Skilled Worker program and the introduction of new immigration rules by Citizenship and Immigration Canada (“CIC”). The FSW program has been in suspension since July 1, 2012 Read More 23 Nov 2012
November 2012 Canadian Immigration Updates
The new regulations apply to spouses or partners in a relationship of two years or less and who have no children in common with their sponsor at the time they submit their sponsorship application. The spouse or partner must live in a legitimate relationship with their sponsor Read More 19 Sep 2012
Canadian Immigration Changes: A 10-Point Summary
Federal Entrepreneur program is closed. CIC is currently redesigning a new program with the goal of having it implemented by the end of 2012. Investor program has been suspended and the current program has backlogs with a wait time of up to nine (9) years. CIC is currently looking at pilot programs to complement the existing program. Read More 1 Aug 2012
Fast-Track LMO Processing Leads to Compliance Reviews for Employers
Service Canada has implemented a new A-LMO (Accelerated Labour Market Opinion) program which is intended to respond to the needs of eligible employers for timely Labour Market Opinion (LMO) processing. However, this initiative places substantial responsibility on the employer for program compliance Read More 1 Jul 2012
ALMO Report
The most common manner for a foreign worker to be issued a work permit is for the Canadian employer to obtain a positive Labour Market Opinion from Human Resources and Skills Development Canada (HRSDC)/Service Canada (SC) for the foreign worker’s prospective position. Read More 1 Apr 2012
New Rules for Criminal Admissibility to Canada
Starting March 1, 2012, certain individuals, previously ineligible for entry to Canada due to past criminality, may be eligible for a fee exempt ‘on the spot’ temporary resident permit for one visit to Canada. In order to qualify for the exemption, the port of entry applicant must meet the following criteria Read More 1 Nov 2011
Immigration Alert: Changes to Parent and Grandparent Sponsorship Application Process
In November, the Government of Canada has announced a new plan to reduce the backlog and wait times for sponsored parents and grandparents. Current processing times for parent and grandparent sponsorship applications exceed seven (7) years. This plan involves a temporary pause of up to twenty-four (24) months Read More 24 May 2011
Immigration Alert: Significant Changes to Temporary Foreign Worker Regulations in Canada
On April 1, 2011, the government introduced into law a number of important legislative amendments on employer immigration compliance concerning foreign worker work permits and Labour Market Opinions from Service Canada. In summary, the immigration law changes effective April 1, 2011 are as follows Read More 29 Sep 2010