How Start-Up Visa Candidates Can Avoid Processing Delays With Temporary Work Permits

Canada immigration news: Candidates hoping to immigrate to Canada under the Start-Up Visa can expect to wait 31 months due to the backlog of applications to be processed by Immigration, Refugees and Citizenship Canada (IRCC).

To combat these delays, SUV applicants deemed critical to the business can come to Canada on a work permit and begin establishing the company while their permanent residence applications are being processed.

With IRCC staff at full throttle trying to tackle the backlog, application delays are set to remain stable and then start to decline over time. In its latest budget, Ottawa pledged to spend $2.1 billion to speed up processing, on top of $85 million already allocated in fall 2021.

The SUV remains Canada’s only direct permanent residence business immigration program, without condition.


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The estimated time to process an application for someone hoping to immigrate to Canada under the federal Self-Employed program is even longer, more than three years: 41 months.

To combat these delays, SUV applicants deemed critical to the business can come to Canada on a work permit and begin establishing the company while their permanent residence applications are being processed.

With IRCC staff at full throttle trying to tackle the backlog, application delays are set to remain stable and then start to decline over time.

The SUV remains Canada’s only direct permanent residence business immigration program, without condition.

Backlogs for Start-Up Visa Grow in 2022

On Monday, an IRCC official provided Immigration.ca with data that shows the number of people waiting for final decisions on their permanent residency applications under the Start-Up Visa program grew by roughly nine per cent in the two months that ended Feb. 28, from 1,264 at the end of last year to 1,378 on the last day of February.


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Savvy immigrant entrepreneurs, though, don’t have to wait all that time to get started on their business venture. They can apply for a short-term work permit under the International Mobility Program and gain earlier access to Canada. 

That option is open to foreign nationals who plan to live in a province or territory other than Quebec provided they have received a Commitment Certificate and Letter of Support issued by a designated entity indicating the entrepreneur is essential and has urgent business reasons requiring early access to Canada.

The entrepreneur must also pay the $230 employer compliance fee and prove he or she has sufficient funds to support his or her family for a full year. The business must be registered for a Canada Revenue Agency business number. The entrepreneur then uses that business number to submit his or her offer of employment and pay the employer compliance fee.

TEMPORARY WORK PERMITS SHAVE YEARS OFF WAITING TIMES

Depending on the aspiring entrepreneur’s country of origin, this process can knock off years of waiting to gain entry into Canada and start the business. Applications for work permits for Ukrainians are currently being fast-tracked and can take as little as two weeks to process. Chinese nationals applying for the same work permits can expect a wait time of 23 weeks. 

That, though, is still a time savings of more than two years.

Immigration Minister Sean Fraser is well aware of the current backlogs and his department is working to cut through them and speed up the processing of applications.

In her fall economic statement, Finance Minister Chrystia Freeland pledged last year to bring the backlog under control with an $85-million investment to be spent from 2022 to 2023 to process more applications and reduce processing times in key areas affected by the pandemic.

“This will help to ensure Canada’s immigration system is well-positioned to help meet Canada’s economic and labour force goals,” wrote Freeland in that fall economic statement.


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Ottawa is also investing heavily to modernize its immigration systems.

“We have also embarked on an unprecedented modernization of the immigration system, with more than $800 million in the 2021 budget to create a brand-new digital platform for managing immigration cases,” said IRCC spokesperson Béatrice Fénelon last week.

“This new platform will transform our immigration system, meaning cases will be processed faster and workers will arrive sooner.”

Despite the current delays in getting final decisions for applications under the Start-Up Visa pathway, it remains a popular route to permanent residency in Canada. Many of Canada’s provincial entrepreneur programs require candidates to sign a business performance agreement, the terms of which they must meet to qualify for permanent residence.

Immigration To Canada Application Fees Rising At End Of Month

Canada immigration news: The fees for all Canada permanent residence applications will go up at the end of April, in a move the Canadian government says is meant to reflect the current level of inflation.

Economic, permit holder, family and humanitarian classes will all be affected by the coming fee hikes on Apr. 30, says Immigration, Refugees and Citizenship Canada (IRCC).


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“In 2020, IRCC increased permanent residence fees to account for inflation for the first time since 2002,” notes the IRCC on its website. “At that time, it was announced that fees would increase every two years to adjust for inflation.”

It’s been two years.

Coming Application Fee Hikes Less Than Current Inflation Rate

But now, Canada’s current rate of inflation is 5.7 percent, higher than even the 5.63 percent inflation rate reached in 1991. 

Since the early 1990s, the country’s inflation rate has generally stayed under three percent. 

Then, the supply chain woes of the COVID-19 pandemic began to work their way through the economy.

But prospective immigrants don’t need to be afraid they will now get dinged with massive fee increases based on the current rate of inflation. 

Ottawa seems to have instead opted to raise prices by the average inflation rate during the past two years. The proposed fee increases all seem to be only about 3.2 percent higher than the current rates.

The biggest fee hike in dollar terms is the one for the Quebec and federal business programs which are going up to $50, or just under 3.2 percent, from $1,575 to $1,625.

Other fees increases fall into the same range on a percentage basis, with the right of permanent residence fee nudging up to $15, or three percent, to $515, and the fees for both the principal applicant and the accompanying spouse or common-law partner for Federal High-Skilled, Provincial Nominee Program, Quebec Skilled Workers, Atlantic Immigration Cass and most economic pilots going up to $25, or just a smidge over three percent, to $850.

Two Fee Categories Are Staying Exactly the Same

In two cases under the family reunification pathways, the IRCC is giving applicants a break by keeping the fees exactly where they are. The fee paid by the sponsor and the fee paid for a dependent child are both staying at $75.

In 2020, Ottawa raised economic program fees for principal applicants, spouse and common-law partners, plus dependent children for all apart from the caregiver programs by a lot more, by 50 percent.

“The government of Canada supports a cost-effective approach to financing government programs, where most of the costs are the responsibility of those who receive the services and benefit directly from them,” notes the IRCC on its website.

Program

Applicants

Current Fee

New Fee

Right of Permanent Residence Fee

Principal applicant and accompanying spouse or common-law partner

$500

$515

Federal High Skilled, Provincial Nominee Program and Quebec Skilled Workers, Atlantic Immigration Class and most Economic Pilots (Rural, Agri-Food)

Principal applicant

$825

$850

Accompanying spouse or common-law partner

$825

$850

Accompanying dependent child

$225

$230

Live-in Caregiver Program and Caregivers Pilots (Home Child Provider Pilot and Home Support Worker Pilot)

Principal applicant

$550

$570

Accompanying spouse or common-law partner

$550

$570

Accompanying dependent child

$150

$155

Business (Federal and Quebec)

Principal applicant

$1,575

$1,625

Accompanying spouse or common-law partner

$825

$850

Accompanying dependent child

$225

$230

Family Reunification (Spouses, Partners and Children; Parents and Grandparents; and other relatives)

Sponsorship fee

$75

$75

Sponsored principal applicant

$475

$490

Sponsored dependent child

$75

$75

Accompanying spouse or common-law partner

$550

$570

Accompanying dependent child

$150

$155

Protected Persons

Principal applicant

$550

$570

Accompanying spouse or common-law partner

$550

$570

Accompanying dependent child

$150

$155

Humanitarian and Compassionate / Public Policy

Principal applicant

$550

$570

Accompanying spouse or common-law partner

$550

$570

Accompanying dependent child

$150

$155

Permit Holders

Principal applicant

$325

$335

Does Canada Need A New High-Potential Tech Talent Visa With No Job Requirement?

Canada immigration news: The president of a business council for Canadian tech companies says Canada needs a high-potential tech talent visa that would let foreign nationals with in-demand skills in to look for work even without a job offer.

“If your labour market is desperate for software developers or data scientists, just let ‘em in!” wrote Benjamin Bergen, president of the Council of Canadian Innovators (CCI), in an op-ed to The Globe and Mail. “Why didn’t we think of that?”


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In July, the United Kingdom unveiled its national innovation strategy which included two policy ideas to resolve labour market shortages in the sector in that country.

Canada’s Global Talent Stream Is a Global Trendsetter

The first was not much of a surprise because Canada already has something similar. The United Kingdom’s new scale-up visa pathway lets highly-skilled workers with job offers from tech companies get on the immigration fast track, much like Canada’s Global Talent Stream (GTS).

The GTS’s service standard is to provide skilled workers with Canadian work permits and get visa applications processed within two weeks. The GTS, launched in mid-2017, forms part of the Temporary Foreign Worker Program (TFWP). It exists to provide high-growth companies with the talent they need quickly by cutting processing times for Canada visa applications from six months to just 10 business days.


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“It feels good to see other countries copying our policy successes,” wrote Bergen.

But the United Kingdom’s other initiative, the high-potential tech talent visa, is something Canada is not already doing and the business council president thinks Ottawa should seriously consider it.

“At CCI, we hear it from our members every day: Canadian scale-up companies are desperate to find workers,” wrote Bergen.

“The ethos that drives innovators is simple: If you see a problem, try to find a solution,” he said. “And if one doesn’t exist, you need to get creative. The high-potential immigration visa is a good idea.”

Let ‘Digital Nomads’ Come to Canada From Throughout the World

The CCI is promoting that Canada adopt a “digital nomad” strategy, allowing those highly-skilled workers in the tech sector to simply be able to come here and look for work in the sector which has been severely impacted by labour shortages.

“We don’t need a 100-page academic study or a parliamentary committee convening hearings on Canada’s acute talent shortage and then waiting a year to publish a report,” wrote Bergen. “The ideas are already available for the taking if we only listen to the leaders of Canada’s innovative, high-growth companies. They are telling us that on talent issues we need action, urgently.”

The innovation think-tank has already published list of 13 recommendations in its Skills and Talent Strategy, ideas brought forth by executives in the sector.

“Taken together, they would meaningfully increase the availability of skilled tech talent in Canada,” wrote Bergen.

“COVID-19 has massively disrupted the labour market and innovators are already adapting to new realities,” he wrote. “Innovation isn’t always about inventing a brand-new idea. It’s often just recognizing what already works, adapting it and improving it along the way. It’s also helping our policy-makers with front-line feedback so they can design programs that have meaningful impact on our economy.”

New British Columbia Draws See Province Issue More Than 188 Canada Immigration Invitations

Canada immigration news: British Columbia has issued more than 188 invitations in new draws through multiple streams of the British Columbia Provincial Nominee Program.

The April 5 draws were split into two categories: general and targeted.

In the general draw, which included tech occupations, 131 invitations were issued through five BC PNP streams for skilled workers and international graduates. Minimum scores ranged from 77 to 125 points.

In the targeted draw, a further 43 invitations were issued to skilled workers and international graduates scoring at least 70 points in a draw targeting Early Childhood Educators and Assistants under NOC 4214.


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A draw targeted at Healthcare workers saw 14 invitations issued to skilled workers, international graduates and entry-level and semi-skilled workers, also with a minimum score of 70 points.

Further invitations went to entry-level and semi-skilled workers targeted specifically at Healthcare Assistants under NOC 3413, with a minimum score of 70. The number of invitations was listed as ‘less than 5’ to protect the identity of those who were invited.

The final set of less than 5 targeted invitations went to skilled workers and international graduates under NOCs 3114 and 3213 for veterinarians and animal health technologists and veterinary technicians respectively, with a minimum score of 70.


Latest B.C. Immigration Draws

General Draw

Date

Category

Minimum Score

Invitations Issued

Description

05-Apr-22

 

 

 

Skilled Worker

110

131

General draw (includes tech occupations)

Skilled Worker – EEBC

125

International Graduate

98

International Graduate – EEBC

109

Entry Level and Semi-Skilled

77

Targeted Draw

Date

Category

Minimum Score

Invitations Issued

Description

05-Apr-22

 

 

 

Skilled Worker, International Graduate

70

43

Targeted draw: Childcare: Early childhood educators (NOC 4214)

Skilled Worker, International Graduate, Entry Level and Semi-Skilled

70

14

Targeted draw: Healthcare

Entry Level and Semi-Skilled

70

<5

Targeted draw: Health care assistants (NOC 3413)

Skilled Worker, International Graduate

70

<5

Targeted draw:

Other priority occupations (NOCs 3114, 3213)


Video:

 

How Bureaucracy Bogs Down Process Of Hiring a Foreign Worker In Quebec

Canada immigration news: When it comes to immigration to Canada, Quebec has an advantageous position in that it can facilitate the hiring of foreign workers in certain professions. 

This jurisdiction over immigration is unique, and shared with the federal government, notably under the Canada-Quebec Accord and the Canadian Constitution. It is all the more vital in the context of the increased shortage of workers in several sectors of activity in Quebec, which has been a topical issue for several months.

Quebec’s advantage is manifested in its list of professions eligible for simplified processing, which allows Quebec employers to recruit workers in more than 200 in-demand professions, without having to carry out recruitment activities. Cooks, mechanics, workers, engineers… the needs of Quebec employers are numerous.


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Although Quebec makes use of this list, which was updated on February 24 for the first time since the pandemic, the challenges for employers remain numerous.

As an immigration law practitioner, I can only observe that the Ministry of Immigration, Francisation and Integration (MIFI) is slow to move into the digital age with regard to workers.

Indeed, as a gift of dual jurisdiction, a Quebec employer wishing to hire a foreign worker must not only make a substantial request to the federal government (a Labour Market Impact Assessment), but also to the provincial government (a Quebec Acceptance Certificate, or CAQ).

However, this certificate can only be submitted by mail (!), requires the preparation of two forms (in French only) to be signed by workers abroad, who do not always understand French, especially at the level of complex form.


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The submission also involves an additional fee of two payments of $202 (total $404), as well as the $1,000 for the LMIA.

For the process to be completed, Service Canada officers must coordinate with MIFI so the duplicate documentation (LMIA and CAQ), can be issued. This process inevitably causes administrative burdens, costs and often additional delays for Quebec employers.

This means that employers in other provinces may not have a simplified list, but they still avoid a lot of additional bureaucracy because they are not in Quebec. Both the general approach and the simplified approach for the Quebec employer to hire a foreign worker will make you dizzy.

While waiting for the day when the federal and Quebec governments can work together on immigration, in the same way they do on tax, a complete and quick transition to digital is urgently needed to help solve the labour shortage.      

Even job offer validation by employers to help permanent residence applications for foreign workers is done by mail. This process is not only obsolete but also harms the employer and the employee, who struggle to understand the follow-up of their requests in real-time and to have expectations of processing times.

As the Coalition Avenir Québec said in its slogan (10 years ago now): “That’s enough, it has to change.”

By Isabelle Sauriol, Canada Immigration Lawyer

Canada Changes Temporary Foreign Worker Program To Help Employers

Canada immigration news: Candidates for the High-Wage and Global Talent Stream of Canada’s Temporary Foreign Worker Program are now able to work for three years instead of two in one of a swathe of changes announced Monday to help employers in the grip of a labour shortage crisis.

A further change announced by Employment and Social Development Canada sees the validity of a Labour Market Impact Assessment (LMIA) doubled from 9 to 18 months. Prior to COVID-19, an LMIA – needed to prove foreign workers are not taking jobs from Canadians – was valid for 6 months.

The final change to happen immediately sees the permanent removal of caps on TFWs in seasonal industries such as fish and seafood processing. Furthermore, seasonal workers are now able to work for 270 days per year, up from 180.


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More changes will also take effect from April 30, including allowing employers in seven industries with labour shortages to hire up to 30 percent of their workforce. The qualifying industries are:

  • Food Manufacturing (NAICS 311); 
  • Wood Product Manufacturing (NAICS 321); 
  • Furniture and Related Product Manufacturing (NAICS 337); 
  • Accommodation and Food Services (NAICS 72); 
  • Construction (NAICS 23); 
  • Hospitals (NAICS 622); and 
  • Nursing and Residential Care Facilities (NAICS 623).

Meanwhile, all employers will be allowed to hire up to 20 percent of their workforce through the low-wage stream of the TFWP until further notice. Previously, most employers had a cap of 10 percent.

In a final change to take effect on April 30, Ottawa will end the policy of automatic LMIA refusal for low-wage occupations in the Accommodation and Food Services and Retail Trade sectors in regions with an unemployment rate of 6 percent or higher.


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Carla Qualtrough, Minister of Employment, said: “As the needs of Canada’s workforce change, we are adjusting the Temporary Foreign Worker Program to meet them. 

She added: “We’ll continue to work with provinces, territories, and other partners to build the strong, skilled workforce Canada needs to support our growing economy.”

Canada’s job vacancy rate reached a historic peak in the third quarter of 2021, according to Statistics Canada As of November, the highest vacancies were in the following sectors:

  • Accommodation and Food Services: 130,070 vacancies
  • Health Care and Social Assistance: 119,590 vacancies
  • Retail Trade: 103,990 vacancies
  • Manufacturing: 81,775 vacancies

In 2021, 5,000 positions were approved through the Global Talent Stream and 23,000 through the High-Wage stream, representing more than a fifth of all approvals.

Up to 60,000 foreign agricultural workers come to Canada each year, accounting for more than 60 percent of those coming through the TFWP.

Canada Makes It Easier To Renew Passports, Include Lost, Stolen Or Damaged Ones

Canada immigration news: Canada is extending the scope of its simplified passport renewal process, making it easier for citizens to renew passports that expired more than a year ago or were lost, stolen or damaged.

“As international travel resumes, we need to continue to modernize and improve our passport services to make sure we meet the needs of Canadians,” said Immigration Minister Sean Fraser.


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“Simplifying the renewal process will make it easier and faster for Canadians to get their passports and is another step toward greater modernization while prioritizing the health and safety of Canadians and our employees.”

Passports That Expired Up To 15 Years Ago Can Be Renewed Visa Simplified Process

Under the current process, the simplified passport renewal process applies only to passports that have expired in the past year. 

But the federal government announced Thursday that the simplified process will now apply to passports that have expired within the past 15 years as well as to those that have been lost, stolen or damaged.

Under the simplified renewal process, applicants don’t need to have a guarantor or to provide their original documents, such as proof of citizenship or photo identification. They simply need two photos, two references, their completed forms – and to then pay the applicable fees. 


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Adults applying for a passport for the first time still need to complete the general application form and are not eligible for the simplified process which is strictly a renewal process.

While Ottawa’s latest move to simplify the passport renewal process was welcomed on social media, some expressed concern that it does not go far enough.

“Eliminate photos (and) put cameras there to photograph as some other countries do,” tweeted one man. “Simplify and cut costs.”

Passport Does Little Good For Unvaccinated Who Can’t Board Trains Or Planes

Others complained that a Canadian passport does little good for those Canadians who are unvaccinated against COVID-19 and who are still prevented by public health restrictions from boarding trains or planes to both domestic and international destinations.

“I can’t travel after clotting from the first shot and I am still not being able to get an exemption for a vaccine passport,” wrote one Twitter user. “My Canadian passport is collecting dust and I can’t even travel in Canada. This is crazy.”

A woman on social media urged Ottawa to drop the need for vaccine passports for Canadians to board planes and trains.

“How about letting all Canadians travel?” she tweeted.

With COVID-19 case counts rising again in some regions as Canadian provinces gradually drop their public health restrictions, though, Ottawa is adamant it must keep some measures in place to ensure public safety.

“Balancing health and safety guidelines with Canadians’ ongoing needs for services has been at the forefront of our efforts since the beginning of the pandemic,” said Karina Gould, minister of families, children and social development. 

“As restrictions ease, we will continue working to improve service delivery in order to be more modern and efficient and ultimately to provide the best experience possible for all Canadians.” 

The demand for both new and renewed passports in Canada is returning to pre-pandemic levels as COVID-19 restrictions ease and international travel becomes a possibility for those who are vaccinated against the illness.

Ottawa is urging anyone who needs a new or renewed passport to apply early and not finalize any travel plans until they have received their new passport. 

Canada’s Spousal Sponsorship Immigration Program: Eight Things To Know

Canada immigration news: Processing times for immigration applications for Canada’s spousal sponsorship program returned to the published standard of 12 months in 2022, according to Canada’s federal government.

Although many candidates report otherwise, Immigration, Refugees and Citizenship Canada (IRCC) say new applicants to the program will get a decision within a year.

Canada saw 64,340 new permanent residents arrive under spousal sponsorship immigration programs in 2021.

That’s in excess of 78 percent more new permanent residents under that pathway as came in all of 2020, the first year of the pandemic, when only 36,120 immigrants came to Canada under those programs.


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The massive rebound in spousal sponsorship arrivals also marks a near return to normal in Canada for these programs that were responsible for the arrival of 64,775 new permanent residents in 2019, the last full year before the arrival of the coronavirus in Canada.

On Twitter, that frustration and even anger are evident in the tweets of many people who claim to have been waiting for up to four years for their spousal sponsorship applications to be approved by IRCC officials.

“My husband, an Iraqi national but very much Canadian, had to wait 2.5 years to be allowed to enter Canada although we have been married for 17 years,” tweeted one woman.

Immigration Minister Sean Fraser and his ministry have taken measures to speed up those processing times and return to service standards by clearing away the backlog that grew during the pandemic. But that will take time.

Despite those challenges, it’s clear the spousal sponsorship program is an increasingly popular route to permanent residency in Canada. 

Here are the Eight Things To Know About Canada’s Spousal Sponsorship Immigration Program.

1. WHO CAN SPONSOR A SPOUSE OR COMMON-LAW PARTNER TO COME TO CANADA?

Anyone hoping to sponsor a spouse or common-law partner in Canada needs to be either a citizen or adult permanent resident of Canada capable of supporting him or herself financially and ensuring that the spouse will not need social assistance from the government.

That means the sponsor must sign an undertaking, promising to give financial support for the basic needs of their spouse or partner and dependent children.

Those basic needs are defined as:

  • food, clothing, shelter and other needs for everyday living, and;
  • dental care, eye care and other health need not covered by public health services.

That undertaking is a binding promise of support. It is the sponsor’s responsibility to support the spouse or common-law wife for the length of the undertaking period even if the sponsor’s situation changes. 

This agreement cannot be cancelled, even if:

  • the person sponsored becomes a Canadian citizen;
  • the couple divorces, separates or the relationship breaks down;
  • either the sponsor or the sponsored spouse or common-law partner moves to another province or country, or;
  • the sponsor experiences financial problems.

Maternity, parental and sickness benefits paid under the Employment Insurance Act in Canada are all considered income and contribute to allowing a person to sponsor a spouse or common-law partner but other payments from the government, such as employment insurance and federal training allowances, are not considered income.


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2. HOW MUCH ARE THE FEES TO APPLY TO SPONSOR A SPOUSE OR COMMON-LAW PARTNER?

The sponsorship fee, principal applicant processing fee, and the right of permanent residence fee together add up to $1,050. Then, there’s the biometrics fee which is another $85 per person, bringing the total to $1,135.

Although the permanent residence fee, which by itself is $475, is not required to pay up front, IRCC officials recommend applicants include it in the initial application as failing to do so can slow down the process.

Residents of Quebec who are hoping to sponsor their spouses or common-law partners need to remember that province requires applicants to pay an additional fee of $301 and that this is paid to that provincial government, not to the IRCC.

Paying the fees for a spousal sponsorship application requires:

    • a valid e-mail address;
    • access to a printer to print the receipt, and;
    • a credit card, debit MasterCard or Visa debit card.

Sponsors should check the instructions online on how to pay for the various fees. Then, once they have paid those fees, they should print out two copies of their official IRCC receipt and include a copy of this receipt with their completed application forms. The other copy is for their own records.

Canadian immigration officials will not process an application unless these fees have been paid. Applications with unpaid fees are returned to the applicants. 

Sponsorship applications that include over-payments, on the other hand, result in the IRCC sending out a refund to the applicant as soon as possible. 

3. WHAT BIOMETRIC INFORMATION WILL BE NEEDED?

Spouses and common-law partners who are being sponsored may need to appear in person to have their fingerprints and photographs, which is what is meant by biometric information, taken at a biometric collection service point in order to complete the sponsorship application.

Canadian citizens and existing permanent residents of Canada are exempt from giving biometrics.

This requirement for biometric information even applies when the sponsor’s spouse or common-law partner is in Canada where they can go to a designated Service Canada location.

Biometrics are given after the sponsor has:

  • paid for and submitted his or her application and biometric fee, and;
  • gotten a Biometric Instruction Letter (BIL) with a list of biometric collection service points.

The BIL must be presented to officials at the biometric collection service point and the person being sponsored should give those biometrics as soon as possible after getting the BIL to avoid delays in processing the application.

4. WHO CAN BE SPONSORED AS A SPOUSE OR COMMON-LAW PARTNER UNDER THIS PATHWAY?

Under the spouse or common-law partner pathway, applicants can sponsor either their spouses or common-law partners.

Sponsoring a person as a spouse requires that the marriage be a legally-valid, civil marriage – but Ottawa considers this can be either between people of the opposite or same genders.

These marriages are recognized for immigration purposes where the marriage:

  • was legally performed in Canada, or;
  • if, performed outside of Canada, the marriage was legally recognized in the country where it took place and in Canada.

Canada’s immigration department no longer recognizes marriages performed outside of Canada by proxy, telephone, fax, internet and other forms of marriage where one or both persons are not physically present at the ceremony. 

Common-law relationships recognized by the IRCC can be two people of either opposite genders or the same gender provided they been living – or have lived – with that partner for at least 12 consecutive months in a marriage-like relationship.

A conjugal partner is defined as existing where the sponsored person:

  • is living outside Canada;
  • has been in a conjugal relationship with the sponsor for at least one year, and;
  • could not live with the sponsor as a couple because of reasons beyond their control, such as a barrier to immigration, religious reasons or matters related to sexual orientation.

This term applies to both opposite and same-gender couples.

A conjugal partner can be sponsored if:

  • there is a significant degree of attachment between the two of them, implying not just a physical relationship but a mutually interdependent relationship, and;
  • the two have been in a genuine relationship for at least 12 months where marriage or cohabitation wasn’t possible because of barriers such as sexual orientation or religion.

5. HOW LONG WILL THIS PROCESS TO SPONSOR MY SPOUSE OR COMMON-LAW PARTNER TAKE ?

Due to the impacts of COVID-19, Canadian immigration officials admit they cannot process applications normally at this point – or even give accurate processing times for most applications.

The IRCC website does, however, give estimates of the current processing times for various types of applications.

According to that website, the current processing times for sponsorship applications for spouses or common-law partners, regardless of whether they are already in Canada or outside the country, is 12 months.

That estimated processing time includes:

  • the time needed to provide biometrics;
  • the assessment of the sponsor and the person being sponsored, and;
  • the time immigration officials need to ensure the sponsor and his or her spouse or common-law partner meet the eligibility requirements.

Twitter users, though, often claim the processing time for their applications has been much longer, up to four years.

6. WHAT ARE THE STEPS TO GET AND COMPLETE THE SPONSORSHIP APPLICATION PACKAGE AND ITS FORMS?

Sponsors can get an application package, including a checklist, forms and instructions, online by answering a few basic questions, including:

  • who is being sponsored;
  • the country where the sponsored person resides, and;
  • the country where the documents which will be submitted with the application were issued.

The next step is to gather the applicable documents using the checklist sent with the application kit. All of those documents must be completely filled out and signed or the application will likely be returned to the applicant and cause delays.

Country-specific requirements may apply so these must be checked to ensure the correct documents are included for each item on the checklist. These may include birth certificates or other proofs of identity.

All submitted photocopies must be clear and easy to read. Other than copies of original documents used for translations, photocopies do not need to be certified. Do not send originals unless the IRCC asks for them because they will not be returned.

If the application is approved, Canadian immigration officials will use the photos included in the application package to create a Permanent Resident Card.

The sponsor must fill out all the forms – ideally on a computer so they can be validated electronically to make sure all questions have been answered – and sign all the applicable forms in ink.

7. CAN THE SPOUSE OR COMMON-LAW PARTNER WORK OR STUDY IN CANADA UPON ARRIVAL?

Yes. Spouses and common-law partners hoping to come to Canada under the spouse or common-law partner pathway may qualify for an open work permit while their applications for permanent residency are being processed. Openwork permit applications can be submitted either together with their application for permanent residence or afterwards.

If a spouse or common-law partner already has a work or study permit, they may continue to work or study as long as the permit is valid. It is illegal to work or study without authorization from IRCC.

Similarly, a spouse or common-law partner who already has a study permit and wants to keep that temporary resident status as a student can submit an Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form and do so. Otherwise, IRCC officials will advise that spouse or common-law partner in writing when they are eligible to apply for a study permit.

8. WHAT SPECIAL CONSIDERATIONS APPLY IF THE SPONSOR IS LIVING IN QUEBEC?

Quebec, which has its own immigration rules, reviews sponsorship applications itself to determine if the sponsor is eligible.

Immigration officials in that province may deem that a sponsor is ineligible if:

  • he or she did not meet the terms of a sponsorship agreement in the past because the person sponsored received social assistance and the sponsor has not yet  repaid the Quebec government;
  • during the five years before the sponsor submitted the sponsorship application, he or she failed to  pay alimony or child support even though a court ordered it, or;
  • other conditions imposed by Quebec authorities or with any federal regulatory requirements were not observed, particularly if the sponsor received social assistance and was not exempted from that condition.

Sponsors who lived in Quebec must:

  • first, send their application to IRCC;
  • if they meet the federal requirements to apply for sponsorship, the IRCC will send them an e-mail or letter with instructions to download Quebec’s sponsorship kit;
  • the sponsors must then fill out and submit Quebec’s undertaking kit, taking care to attach a copy of the e-mail or letter sent by the IRCC to the undertaking application submitted to the Quebec government, and;
  • If the sponsor or partner’s dependent child has dependent children of their own, the sponsor must demonstrate their financial ability to meet the terms of the sponsorship undertaking.

Once that’s done, the Quebec government will review the sponsorship application to determine if the sponsor is eligible. Approval by Quebec of the applicant as a sponsor, will result in the issuance of a Quebec Selection Certificate (Certificat de selection Québec). 

Quebec To Give Open Work Permits To Immigration Candidates With Quebec Selection Certificates

Canada immigration news: Skilled workers are to get open work permits so those with Quebec Selection Certificates can work while awaiting final decisions on their permanent residency.

Under an expanded International Mobility Program, dubbed IMP+, in Quebec, up to 7,000 skilled workers annually will be given open work permits by Immigration, Refugees and Citizenship Canada (IRCC) and be able to start working sooner while their applications for permanent residency are being processed.

Quebec is hoping the IMP+ will help it meet the growing challenge of severe labour shortages in many sectors and grow the provincial economy.


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The move to accept skilled workers as they await for final decisions on their permanent residency applications comes as Quebec is set to start exempting many employers from having to perform Labour Market Impact Assessments to hire temporary workers under a more flexible temporary foreign worker program. 

Employers in Quebec will also have to start picking up the tab for plane tickets, medical insurance coverage, and ensure adequate housing for any workers they hire under the new, simplified process starting May 24.


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“These measures are the result of an agreement reached on Aug. 4 last year between Ottawa and Quebec to speed up the arrival of workers to help businesses facing recruitment challenges,” said provincial Immigration Minister Jean Boulet in French.

“Thanks to these initiatives, we are can more quickly welcome these foreign workers who will bring their skills with them. They will be a breath of fresh air, given the current labour shortage, for employers trying to respond to the economic needs of Quebec.”

The IMP+ targets both:

  • workers with experience in a high-priority economic sector or a profession facing a labour shortage in Quebec, and;
  • those workers who already have a job offer with a Quebec employer where the job offer has been approved by Quebec’s Ministry of Immigration, Francisation and Integration (MIFI).

Under the International Mobility Program, which is a part of the Temporary Foreign Worker Program, Canadian employers are allowed to hire foreign workers on a Canada work permit without the need for a Labour Market Impact Assessment (LMIA).

Simplified Processing and Higher Thresholds Boon For Employers

In November last year, Quebec announced it would also make it easier for employers to hire overseas candidates in a slew of high-demand occupations through the TFWP and published lists of jobs it submitted to the federal government to qualify for:

  • simplified work permit processing;
  • exemptions from posting and recruitment efforts, and;
  • a doubling of the thresholds of TFWs per workplace.

Important sectors covered by the new rules include retail trade, accommodation and catering as well as food processing, where the labour shortages are sharpest.

“The negotiated flexibilities will allow several companies to obtain labor reinforcement while respecting workers’ rights,” said the provincial immigration department.

2 New Centres Of Excellence To Benefit International Students In New Brunswick

Canada immigration news: International students in New Brunswick’s English-language elementary, middle and secondary schools are eligible for an innovative program to provide them with career experience in entrepreneurship and preventative mental health skills through two new centres of excellence.

“The centres of excellence allow students to gain insight into key industries,” said Education Minister Dominic Cardy. “They are given a chance to interact with and learn from experts in their fields, regardless of their location in the province.”


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A provincial government official confirmed Tuesday that access to the centres of excellence is available to any international students in any K-12 schools in New Brunswick’s anglophone school district. New Brunswick also operates a francophone school district. Those students do not yet have access to these centres of excellence.

New Brunswick Immigration Rebounded To Near Pre-Pandemic Levels Last Year

Last year, the Atlantic Canadian province welcomed 5,315 new permanent residents, almost twice as many as the 2,895 that arrived in 2020 during the first year of the Covid-19 pandemic and only 11.4 per cent les than the 6,000 new permanent residents in 2019, the last full year before the arrival of the coronavirus in Canada.

In 2021, the province welcomed among those new permanent residents 40 children who came to New Brunswick under sponsorship immigration programs. That’s four times as many children as became new permanent residents under those sponsorship programs in 2020.


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Through the centres of excellence, all anglophone students across the province can get access to panel discussions, site visits, webinars, speaker series, mentorship, coaching, career fairs, industry training, and co-op placements, either virtually or in person.

New Brunswick sees immigration as a way of resolving labour shortages and jumpstarting its economy. These centres of excellence, too, are seen by Fredericton as a way to prepare students for the working world.

“Our province continues to experience labour force challenges, which is why these centres of excellence are essential to preparing students for the many opportunities available to them,” said Trevor Holder, the province’s minister of post-secondary education, training and labour.

“Experiential learning is becoming increasingly important and these centres play a crucial role in the development and engagement of our future workers.”

Centre Of Excellence Teaches Financial Literacy, Leadership, Problem-Solving

There are two centres of excellence, one to promote entrepreneurship and the other for mental health.

The centre of excellence for entrepreneurship is geared to strengthening the financial literacy and awareness of students along with their business skills. Through that centre, students may get direct coaching on their entrepreneurial ideas.

That’s music to the ears of Arlene Dunn, the province’s minister responsible for Opportunities New Brunswick.

“Whether it is problem-solving, leadership, or financial literacy, participants will develop skills through this centre that they can undoubtedly use for the rest of their lives,” said Dunn.

The centre of excellence for health provides students with hands-on, interactive learning, including classroom activities for students and lesson plans for teachers covering topics such as mindfulness practices, emotion regulation, self-esteem, healthy relationships, anxiety and stress. 

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