Canadian Immigration Updates – Month in Review (August 2019)
This article contains a brief series of Canadian immigration updates.
Immigration, Refugees and Citizenship Canada erratum – On August 9, 2019 IRCC clarified that the correct Labour Market Impact Assessment (LMIA) exemption code for family members of United States government personnel is 20, instead of the previously specified 52. The exemption codes are used to classify work permit categories under the International Mobility Program (IMP).
Pre-Removal Risk Assessment (PRRA) – Nationals of Venezuela that are subject to an immigration removal order and have a previously refused PRRA between August 20, 2018 and August 19, 2019, can now apply for a subsequent PRRA. Immigration, Refugees and Citizenship Canada included a footnote on August 22, 2019, specifying this new exemption for Venezuelans facing immigration removal from Canada.
In-Canada Asylum Seekers – Instructions on how to submit within Canada applications for asylum have been updated on August 22, 2019. These changes stem from the coming into force of the Budget Implementation Act 2019, and other procedural changes. Immigration, Refugees and Citizenship Canada added new information on scheduling, as well as additional clarification eligibility to make asylum claims, and additional context for grounds of ineligibility. A must read for anyone dealing with refugee applications.
Immigration Loans Program (ILP) – The ILP program has been updated to include clarity on eligibility for immigration loans, payment and collection of immigration loans, as well as examples for transportation loans. The August 26, 2019 update also comes with a set of deleted old instructions by Immigration, Refugees and Citizenship Canada. This update is salient for those asylum applicants that may have higher than normal resettlement needs (due to family size or distance travelled) and for those applicants that do not have an International Organization for Migration (IOM) presence in their country.
Student Direct Stream (SDS) – Immigration, Refugees and Citizenship Canada has removed certain content from their website on August 29, 2019 pertaining to SDS. The following sections have been made available to internally to Immigration, Refugees and Citizenship Canada only (deleted portions provided below via Google’s WebCache service):
- the blue box note under Eligibility criteria regarding the validation of guaranteed investment certificates
- Applications that do not meet SDS eligibility criteria
- Global Case Management System (GCMS) coding
Student Direct Stream (SDS) – Immigration, Refugees and Citizenship Canada has further expanded the SDS program to applicants from Senegal and Morocco on August 30, 2019. This follows the July 2019 expansion of the SDS program to applications from Pakistan, and is in line with the Government of Canada’s Francophone Immigration Strategy to encourage more young French speakers to choose to study in Canada.
Caregiver Open Work Permits – Minor additional instructions posted on August 30, 2019 regarding validity of study permit and temporary resident visa (TRV) applications for dependents of caregiver applicants. Additionally, minor modification regarding eligibility for bridging open work permit, specifically the applications must have been submitted before June 18, 2019 (June 18, 2019 was also included in the previous instructions).
Intra-Company Transferees (ICT) – Specialized Knowledge – A very important clarification and refined definition of specialized knowledge has been published on August 30, 2019. This category has become increasingly more scrutinized for the past 6 years, with immediate changes following the iGate scandal. In the past, only proprietary knowledge OR advanced expertise was required; currently, both such elements must be proven, on a balance of probabilities, by applicants in order to meet eligibility criteria for this work permit class. Very important read for all Canadian immigration service providers.
Study Permit Clarification – Minor clarification by Immigration, Refugees and Citizenship Canada on August 30, 2019 regarding the need for family members to apply for study permits. This was done to eliminate confusion and clarify that family members still require study permits; however they are exempt from the letter of acceptance requirement.
Citizenship Ceremonies during Federal Election Period – Immigration, Refugees and Citizenship Canada has posted minor modifications to the rules regarding citizenship ceremonies which occur during the federal election periods. As of August 30, 2019, members of the Canadian Armed Forces (CAF) can participate in the ceremonies, and cautions to organizing hosts and partners have been provided. Lastly, MPs’ offices will only receive list of new citizens after the election.
Quebec funding – The Government of Canada pledged CAD$250 million, on August 29, 2019, to assist the Province of Quebec in dealing with costs related to irregular migration.
Expired Venezuelan Passports – Immigration, Refugees and Citizenship Canada will recognize Venezuelan passports as valid for up to five (5) years after expiry. Due to the extraordinary situation occurring within the Venezuelan bureaucracy, IRCC specified on August 19, 2019 that it will recognize their passport even if it expired, and can continue the same document, provided the expiry date is less than 5 years ago, or will son expire.
Express Entry Draws – During the month of August 2019, two (2) rounds of invitations to apply for permanent residence under the Express Entry system were conducted. On August 12, 2019, a total number of 3,600 invitations were issued, to those applicants with a CRS score of at least 466 points. Similarly, on August 20, 2019, another 3,600 invitations were issued to applicants scoring at least 457 points.
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