CANADIAN IMMIGRATION ISSUES For SEPTEMBER, 2022

COVID19 was a game changer in so many ways. It hit hardest for those who liked to travel and especially for foreign born immigrants. The biggest change of late is the announcement recently that the federal government is eliminating the need to prove vaccination status, quaranting or completing the ArriveCan app or even the mandatory need to wear a mask when travelling to and entering Canada at all ports of entry. Please refer to the following web link for details:   

https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada  

The Minister of IRCC announced in his latest tweet that foreign born physicians will have greater access to the Express Entry system so that they can apply for PR status much quicker. As a result of most doctors being self employed under public health systems, they don’t have an employer in the traditional sense. This makes it more difficult for them to be able to qualify for PR status. The result is that the Minister is going to exempt physicians who are based on a fee for service work model from having to be in a traditional employer-employee relationship. It is a positive move to help ensure physicians become a permanent staple of Canadian society. 

The applications for post graduate work permits are also in desperate need of change. The pressures that students are under as a result of financial constraints and achieving good marks in school, in addition to being far away from close family, makes it that much more difficult for them to transition from study permit to post graduate work permit. Mental health issues and the inability to continue studies full time make it very difficult, if not impossible, for applicants to be eligible to apply for a post graduate work permit. International students make up the bulk of future pr applications. And it makes sense why this is so. An international student applies for a study visa and then they travel to canada to attend the school of their choice. They graduate with a meaningful degree, diploma or certificate which allows them to apply for a post graduate work permit. They then have the choice to apply for pr based on either a provincial nominee program or express entry.  

After achieving pr status, they become eligible to sponsor other relatives to Canada for pr status. It is a great source for immigration retention and attraction. It is no surprise that we are living in a climate of change wherein baby boomers are becoming senior citizens who need to be cared for. Not to mention when they leave the work force, we need workers to replace them. The birth rate in canada is not increasing at a fast enough pace to be the sole solution for an aging work force. We need to rely upon foreign worker recruitment. What better way than to attract international students and make it easier for them to transition from study permit to work permit and then ultimately to pr status. 

One beneficial change occurred on August 02, 2022 when IRCC released details to make it easier for students to apply for another post graduate work permit due to the problems with many businesses in the food industry having been closed during COVID19 over the past two years. Please refer to this link for all of the details that was announced last month:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/study-permit/pgwpp.html 

The main eligibility requirements are: 1. Hold or did hold a PGWP that expired or will expire between September 21/21 and December 31/22; 2. Have maintained temporary resident status or be eligible for restoration status in Canada only; 3. Have requested consideration under this policy AND indicated how long they wish their work permit to be valid until (the maximum length is 18 months). 

David H. Davis is the founder and owner of Davis Immigration Law Office. He and his team can be reached by email at: david@daviddavislaw.com on the web at www.daviddavislaw.com or by phone at 204-956-2336 extension 208. David has over 32 years of legal experience in Canadian immigration legal matters.