Canada: Corporate Immigration

The Immigration and Refugee Protection Act (IRPA) governs immigration in Canada and outlines two ministers responsible for immigration and refugee matters: the minister of Citizenship and Immigration Canada (CIC), and the minister of Public, Safety and Emergency Preparedness (PSED). Immigration Refugees and Citizenship Canada (IRCC) is generally responsible for immigration policy development and the processes for facilitating the arrival of immigrants, providing protection to refugees, and granting citizenship. The minister of PSEP is generally responsible for immigration enforcement matters, such as those carried out by the Canada Border Services Agency (CBSA). Those functions include the management and operation of Canada’s borders and port of entry responsibilities.

Under Canada’s Constitution, jurisdiction over immigration is shared between the federal, provincial, and territorial governments. While provincial and territorial legislatures currently play a substantial role in the selection of persons immigrating to their province or territory, the federal government assumes paramount jurisdiction for determining the category and number of immigrants that are ultimately admitted to Canada per year. To apply under a provincial program, a foreign national is first nominated by a province or territory and then apply to the federal government to become a permanent resident.

The province of Quebec has its own specific requirements in terms of immigration, due to the Canada-Quebec Accord Relating to Immigration and Temporary Admission of Aliens signed in February 1991. This agreement was created following the failure of the Meech Lake Accord. The agreement allows the province of Quebec to legislate on the selection of applicants coming permanently or temporarily to the province, their admission into Canada, their integration into Quebec society and the determination of levels of immigration for Quebec.

This agreement has the purpose of preserving Quebec’s demographic influence within Canada and to integrate applicants to the province in a manner that respects the distinct society of the province, which is mainly francophone.

Foreign nationals who want to work in Canada on a temporary basis are generally required to have a genuine job offer to obtain a work permit, unless exempt. Foreign nationals may obtain employer-based work authorization through one of two streams:

1. The Temporary Foreign Worker Program (requires a Labour Market Impact Assessment Application); or
2. The International Mobility Program (exempt from the requirement to obtain a Labour Market Impact Assessment).

Temporary Foreign Worker Program (TFWP)

This stream is led by Employment and Social Development Canada (ESDC) and administered in partnership with IRCC and CBSA. It is meant to be leveraged by employers as a last and limited resort to bring foreign workers to Canada temporarily when qualified Canadians are not available. ESDC is the department of the Government of Canada responsible for the labour market at the federal level.

To hire a foreign worker, employers must first apply to ESDC for a Labour Market Impact Assessment (LMIA) to determine the probable effect these workers may have on the Canadian labour market. The factors that are generally examined are an employer’s recruitment and advertisement efforts, labour shortages, wages and working conditions by region and occupation, and the potential for the transfer of skills and knowledge to Canadian citizens.

If approved, employers can proceed to hire a foreign worker for a limited duration. The foreign worker must then submit a work permit application to IRCC.

Common scenarios of foreign nationals that obtain work authorization under the TFWP include new hires, low-wage positions, academics, on-farm workers in primary agriculture, caregivers, and in demand STEM workers under the specialized Global Talent Stream program.

Workers sponsored by an employer through an LMIA for Quebec-based employment must also obtain a Quebec Acceptance Certificate (CAQ) to work in the province of Quebec. Generally, the CAQ will need to be submitted with the work permit application made to IRCC.

The Ministry of Immigration, Francisation and Inclusion (MIFI) is the department of the Government of Quebec responsible for the issuance of CAQ. Since immigration is a shared competence between federal, provincial, and territorial governments, MIFI also examines an employer’s recruitment and advertisements efforts, labour shortages, wages and working conditions, occupation, and the potential for the transfer of skills and knowledge to Canadian citizens. MIFI also examines the worker’s qualifications and ability to perform the employment.

The MIFI introduced LMIA streams specific to the province such as the Quebec Facilitated Process to support Quebec employers with their labour needs. The Quebec Facilitated Process is based on a list of priority occupations issued by the MIFI, for which the authorities determined a labour shortage in Quebec.

International Mobility Program (IMP)

This stream is managed by IRCC and is meant to promote Canada’s economic and labour market interests. Situations of foreign nationals that obtain work authorization under the IMP predominantly include skilled workers covered under International Free Trade Agreements, intra-company transfers, youth participating in global exchange programs, and other “open work permit” candidates. A summary description is below.

• Canada-International Non-Trade Agreements: Canada has over 20 international agreements for specific and niche occupations.
• CUSMA (formerly NAFTA) Professionals: a list of over 60 occupations that can enter to provide professional services (Citizens of USA and Mexico).
• Canadian interests: Intra-Company Transferees (“ICT”): Executive, Senior and Functional Managers and Specialized Knowledge workers transferred to Parent, Subsidiary, Branch or Affiliate in Canada.
• GATS Professional: Workers who will be engaged in short-term service in Canada at a professional level in a designated occupation. Must be a citizen of a member nation (164 members).
• International Free Trade Agreements (FTAs): Canada has FTAs with various other countries, including Columbia, Peru, Chile, Panama, and Korea. Other multinational free trade agreements include The Comprehensive and Progressive Agreement for Trans-Pacific Partnership, The Canada-European Comprehensive Economic Trade Agreement (CETA) and The Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (traders, investors, graduate trainees, professionals, technicians, and ICTs).
• Emergency Repairs: Personnel required for emergency repairs to industrial or commercial equipment to prevent labour disruption
• Reciprocal Employment: pertinent to organizations that can demonstrate they provide employment opportunities for Canadian citizens or Permanent Residents abroad. (Ratios where the outgoing is higher than the incoming is favorable); and
• Spouses (including common law partners): Spouses of skilled workers;
• International Students and Postgraduates: categories include co-op or internship, off-campus work, and post-graduate work permits where, following the graduation from a Canadian post-secondary institution, international students may receive a maximum 3-year work permit.

General processing times for work permits

The timeline for securing a work permit depends on the category of work permit and the associated process and procedure designated for the occupation and the foreign national. The table below represents the time it generally takes the government to render a decision following the submission on an application.

Despite the above average processing times, employers that are striving to attract top skilled talent from outside of Canada can benefit from priority two-week processing times under the Global Skills Strategy. International Experience Canada applicants, however, are not eligible for this enhanced processing time.

It should be noted that both Global Skills Strategy two-week processing and regular processing times are subject to fluctuation and can be impacted by world events. For instance, the combined impact of the COVID-19 pandemic and the recent events in Afghanistan and Ukraine has resulted in considerable processing delays.

The options to work in Canada on a temporary basis without first having a job offer generally fall under the International Mobility Program (IMP) and are very limited. “Open work permit” options are generally permitted for reasons of public policy and for individuals that are already in Canada on valid temporary status. They predominantly include:

• International students that have graduated from a Canadian designated learning institution.
• Spouses and common-law partners of skilled workers or international students
• Youth participating in special programs
• Certain Individuals that have applied for permanent residence in Canada.

On the other hand, there are a multitude of options to apply for permanent residence independently under the Economic Classes outlined in the Immigration and Refugee Protection Regulations. There are two primary groupings under the Economic Class: Skilled Workers and Business Immigrants.

As the totality of the options are beyond the scope of this chapter, only the primary unsponsored work, entrepreneur, and investment streams are summarized below. As the Federal Skilled Trades Program and the prevalent Canadian Experience Class generally require job offers from Canadian employers and/or qualifying Canadian work experience, they are not described.

I. Skilled Workers

The Express Entry application management system serves as a gateway to permanent residence for skilled workers overseas or in Canada and manages applications under the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. Provinces and territories can also recruit candidates from Express Entry through their respective programs to help meet regional labour market objectives.

Before a foreign national can create a profile in the Express Entry system they must:

• Take an approved language test
• Get an Educational Credential Assessment (ECA) if the education was completed outside of Canada
• Determine the National Occupational Classification (NOC) code for past work experience

From there, foreign nationals that meet the criteria for at least one of the immigration classes will be placed into a pool of candidates and ranked according to the Comprehensive Ranking System (CRS), which is generally based on a candidate’s education, work experience, age, and language ability in English and/or French. The highest scoring individuals will receive an Invitation to Apply (ITA) for permanent residence in Canada either through a federal, provincial, or territorial program. They will have 60 days to submit their application or the ITA will lapse. Complete applications are generally processed within six months or less. The relevant permanent residence categories under which a foreign national may be drawn from the Express Entry pool are described as follows.

Federal Skilled Workers

This program is for skilled workers with foreign work experience who want to live outside the province of Quebec and immigrate to Canada permanently. The following minimum criteria must be met:

• At least one year of continuous full-time (or equivalent part-time) work experience in a NOC level O, A, or B within the last ten years
• Minimum language score in all four abilities
• Completed educational credential assessment showing the education is equal to a completed certificate, diploma or degree from a Canadian secondary institution or a post-secondary institution
• Proof of sufficient settlement funds, unless exempt

If all the minimum criteria have been met, the application is then assessed against six selection factors (age, education, work experience, arranged employment, language, and adaptability) that form part of a 100-point grid. The current pass mark is 67 points.

It is important to note that all Express Entry draws made in 2021 were restricted to candidates in the Canadian Experience Class or those with Provincial nominations, targeting foreign nationals who are already in Canada. This pattern followed for the first 13 draws in 2022, with the draws being restricted to Provincial nominees. However, the last 4 draws between July 6, 2022 and August 17, 2022 have not been as restrictive.

Provincial Nominees

As mentioned in question 1, provincial and territorial programs (PNP’s) have their own unique immigration categories intended explicitly to meet regional labour market needs. There are more than 50 distinctive immigration streams that span Canada’s provinces and territories, providing ample immigration options for foreign nationals that wish to immigrate or start a business in Canada, depending on individual circumstances.

Foreign nationals that want to permanently settle in a particular province must first apply to the province to determine if the province’s eligibility requirements are met and, if successful, the application is then forwarded to the federal government for final admissibility determination and decision.

Provinces and territories can also recruit candidates from Express Entry (described above) through their respective programs to help meet local labour market needs. In this scenario, once a province selects a candidate from the pool and issues a certificate of nomination, the individual’s points score in Express Entry is increased significantly, virtually guaranteeing the issuance of an ITA on the federal government’s next round of invitations.

Of further note, when a province or territory selects an applicant, a nomination certificate is issued in the name of the foreign national. Under the IMP, this certificate can then be used to apply for a temporary work permit while the permanent residence application continues to process. Spouses of the principal applicant can also apply for a work permit and children can commence attending school.

Most PNPs have entrepreneur or investor streams with various requirements and selection criteria. General requirements are minimum net worth and investment requirements, business ownership or active management experience minimum net worth, and language abilities. A summary of the available options per province or territory is provided in the chart below.

Quebec Permanent Residence

The Arrima application management system serves as a gateway to permanent residence for skilled workers overseas or in Quebec and manages applications under the Quebec Skilled Worker Program, the Quebec Experience Program, as well as several other permanent residence pilot programs, amongst others.

Before a foreign national can create a profile in Arrima, they should:

• Take an approved language test
• Determine the National Occupational Classification (NOC) code for past work experience

From there, foreign nationals that meet the criteria for at least one of the immigration classes can create a declaration of interest in Arrima and will be placed in a pool of candidates.

Upon receipt of an invitation to apply, foreign nationals must provide their documents and further information to MIFI for review. Upon approval of their application, foreign nationals will receive a Certificate of Selection of Quebec (CSQ). Using the CSQ, foreign nationals will be able to apply for permanent residence with the Federal authorities.

Quebec Skilled Workers

This program is for skilled workers who want to live and work in Quebec permanently. The program has a specific points grid under which several factors are taken into consideration such as: age, work experience, education, language, etc. Although points are given for English, additional points are given for French, as Quebec is primarily a French speaking province.

Upon entering the Arrima system, declarations of interest are ranked against a second points grid. The MIFI makes draws in Arrima using several different selection factors, per example: a validated employment offer in Quebec, the NOC code of their employment, their Arrima score, etc.

Quebec Experience Program

This program is for temporary foreign workers and Quebec graduates wishing to stay permanently in Quebec.

This program has two streams with specific qualification requirements:

• Temporary foreign workers
• Under this stream, foreign nationals must reside in Quebec on eligible temporary worker status, prove intermediate French skills in speaking and listening and must have at least two years of Quebec-based full-time skilled work in the three years preceding submission.
• Quebec graduates
• Under this stream, foreign nationals must be working in Quebec, have graduated in Quebec and obtained an eligible education credential, prove intermediate French skills in speaking and listening and must have full-time skilled work experience in Quebec of at least 12 months.

Transitional measures

It is interesting to note that transitional measures have applied to the Quebec Experience Program since July 22, 2020. For example, under these measures, eligible graduates who finished their studies before December 31, 2020 may be eligible to submit an application without providing proof of work experience in Quebec.

Permanent Immigration Pilot Program for workers in the artificial intelligence, information technologies and visual effects sector

This pilot program has come into effect on April 22, 2021 and will close on January 1, 2026. It allows foreign nationals to settle in Quebec permanently if they are:

• A foreign worker or a Quebec graduate in artificial intelligence or,
• A foreign worker in information technologies and visual effects

This program allows for the selection of 550 candidates per year: 275 Quebec graduates and temporary workers in artificial intelligence and 275 foreign workers in information technologies and visual effects.

It is important to note that this program allows a limited number of applicants to qualify without French knowledge, as each stream has two profiles: Francophone and Francization.

As of June 30, 2022, the maximum quota for the period from November 3, 2021 to October 31, 2022 for applicants in the Francization profile of the Information technologies and visual effects stream has been reached.

II. Business Immigrants:

Federal Start-up visa program:

Initially introduced as a pilot program, this program was made permanent in 2018 and is touted as the most prolific and fastest investor pathways to Canadian permanent residence. It is intended to attract immigrant entrepreneurs to open innovative businesses that will create employment opportunities for Canadians and compete on a global scale.

To qualify under this program, a foreign national must develop a feasible business plan that will ultimately secure a commitment from a designated Canadian angel investor group, venture capital fund, or incubator to jointly launch the venture in Canada. As the entrepreneur, the foreign national must be actively involved in the management of the Canadian enterprise and own at least 10 per cent of the voting shares. Note that the program allows for the consideration of up to five (5) applicants under a single start-up business proposal. Each applicant can be classified as either “essential” or “non-essential” in the business proposal at the discretion of the applicants and the designated organization.

If these requirements are satisfied, a letter of support or commitment certificate is issued by the sponsoring group which will then trigger the immigration process. Although processing of the permanent residence application typically took 12 to 18 months, recent processing times are at 32 months. However, it is possible to apply for a temporary work permit to enter Canada and start building the business as soon as the letter of support or commitment certificate is issued. Accompanying spouses can also obtain a temporary open work permit and dependent children can commence attending school in Canada.

In addition to the business requirements, foreign nationals must score at least a Canadian Language Benchmark (CLB) of 5 in all four categories (reading, writing, listening, and speaking) for either English or French and have a minimum threshold of money to support themselves and the number of family members accompanying them to Canada.

Quebec Investor Program:

The federal immigration investor program was made redundant several years ago, however, in the French-speaking province of Quebec, separate and distinct rules apply to foreign nationals who intend to permanently settle in the province. As a result of the Canada-Quebec Accord, Quebec enjoys the sole responsibility for setting its own immigration policies with minimal input at the federal level.

Consequently, a desirable passive Immigrant Investor Program continues to exist in Quebec, although the program is suspended until at least April 1, 2023. The Government of Quebec is revising and updating the program to strengthen its objectives around the integration and francization of immigrants.

Quebec Entrepreneur Program:

This program has two streams enabling foreign nationals to immigration to Quebec to start and operate an innovative business with help from a support organization or start or acquire a business in Quebec.

• Entrepreneur using the help of a support organization

Applications under this stream can be submitted until December 31, 2022. A maximum of 25 applications can be received for non-francophone entrepreneurs who apply under this stream. This quota was reached on March 8, 2022. There is no quota on the number of applications for applicants able to show intermediate French skills in speaking and listening.

Applicants under this stream must have obtained a service offer from a support organization such as a business accelerator, incubator, or a university entrepreneurship centre. A business plan must also be submitted, and applicants must qualify under the program’s selection grid, among other requirements.

• Entrepreneur acquiring or starting a business

Applications under this stream are currently on hold and it is not possible to apply under this stream now.

Quebec Self-Employed Worker Program:

This program currently only allows foreign nationals with intermediate French skills in speaking and listening to apply, until December 31, 2022. It was previously opened for a maximum of 50 applications from non-francophone applicants and this quota was reached on November 23, 2021.

This program has several conditions, such as proof of a minimal net worth of at least CAD$100,000, proof of at least two years of self-employment experience, a start-up deposit with a financial institution and qualification under the program’s points grid.

Federal Self-employed Persons

This federal program is more limited than it may sound. It allows foreign nationals to immigrate to Canada if they have at least two years of “relevant experience” in cultural activities or athletics within the last five years before the date of application and ending on the day IRCC renders a decision. “Relevant experience” for a self-employed person under this program means that the individual has taken part in cultural or athletic activities at a world-class level or has been self-employed in the cultural or athletic activities. The applicant is further assessed against five selection factors (experience, education, age, language ability, and adaptability) that form part of a 100-point grid. The current pass mark is 35 points. Current processing times are 41 months.

Both the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) enable Canadian employers to hire foreign workers. Participating employers leveraging either program face a myriad of compliance-related obligations for employing foreign nationals on Canadian soil and must abide by the terms set out in an Offer of Employment submitted through an Employer Portal account with IRCC or in an approved Labour Market Impact Assessment (LMIA).

The cornerstone of upholding immigration compliance in Canada is employer compliance inspections which serve to protect temporary foreign workers from abuse and exploitation and to protect the integrity of the Canadian labour market. An employer may be inspected at any time within six years of a work permit being issued, including any mandatory isolation or quarantine period.

There are three ways an employer can be selected for inspection:

• there is a reason to suspect non-compliance
• previous history of non-compliance
• random selection
• a worker is or was subject to an order or rule under the Emergencies Act or the Quarantine Act
• a communicable disease is found at a worksite

Inspections can occur on-site or virtually at any time during a period of six years beginning on the first day of a foreign worker’s employment. For new employers, inspections can only occur once the foreign worker has arrived in Canada and a work permit has been issued. During an inspection, employers are required to submit documents to demonstrate their compliance with program conditions.

Generally, both TFWP and IMP employers are required to:

• remain actively engaged in the business in respect of which the offer of employment was made
• make reasonable efforts to provide a workplace that is free of abuse, including physical, sexual, psychological, or financial abuse.
• comply will all applicable federal and provincial laws that regulate employment, including the recruitment of employees in the province that the foreign national works
• provide the foreign worker with employment in the same occupation as set out in the offer of employment and with wages and working conditions that are substantially the same as, but not less favourable than, those set out in that offer
• retain all relevant records that demonstrate compliance for a period of six years
• inform authorities of any changes in TFW conditions, unless exempt

TFWP specific obligations

As discussed, the TFWP is concentrated around the Canadian labour market and ensuring that the approval to fill the position with a temporary foreign worker result in a positive or neutral impact on the Canadian labour market. Consequently, employers that applied for and obtained a positive LMIA application must:

• retain all documents used to support the application for a minimum of six years beginning on the foreign worker’s first day of work.
• fulfill the commitments made in the LMIA application, decision, and Annex, as agreed, such as:

– create or retain jobs for Canadians

– hire or train Canadians

– develop skills and knowledge for the benefit of Canadians

– transfer skills and knowledge to Canadians

• demonstrate efforts to hire and/or train Canadians or permanent residents if this was mentioned in the initial LMIA application.
• verify and validate that the information provided in the LMIA application is accurate.
• provide adequate housing, if applicable; and
• review and adjust (if necessary) the foreign worker’s wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the foreign worker is employed.

Transition Plan for high-wage temporary foreign workers

If employers are applying for a LMIA for a high wage position, they must also prepare and submit a well-thought-out and clear transition plan, unless exempt, to demarcate various commitments to reduce reliance on foreign workers and transition to a Canadian workforce over time. The Transition Plan requirement asks the employer to provide either:

• three distinct activities to recruit, retain, or train Canadians and one additional activity to target underrepresented groups: or
• one activity to facilitate the permanent residence of the foreign worker

The contents of the Transition Plan are subject to verification should the employer submit future LMIA applications for the same occupation in the same location or upon inspection to verify compliance. An employer must therefore always be able to furnish proof that it has conducted the activities it specifically agreed to.

Labour Market Benefit Plan under the Global Talent Stream

The Global Talent Stream (“GTS”) is a specialized and prolific LMIA under the TFWP that provides employers with priority access to the highest specialized and skilled global talent and in-demand STEM occupations. Employers benefit from this stream because there is no requirement to test the Canadian labour market prior to submitting the application, as is required under the regular LMIA process. Like the Transition Plan, employers that apply to hire foreign workers under the GTS must submit a Labour Market Benefit Plan (LMBP) that details the employer’s commitment to create activities that will positively impact the labour market through the creation of jobs, skills investments and training for the benefit of Canadians. The commitments made in the LMBP are divided into mandatory and complementary benefits and must be dissimilar. Complementary benefits may also include enhanced company performance or implementing best practices or policies for the Canadian workforce. Commitments to increase diversity in the workplace are encouraged.

By using the GTS, employers agree to monitor and track the benefits and activities that they have committed to. Annual progress reviews with the ESDC LMBP Review Team are required to evaluate the company’s performance against the commitments made. The annual progress review is separate and apart from all compliance-related requirements that exist generally in law and under the TFWP. In the event an employer fails to make “reasonable efforts” to satisfy its LMBP commitments within the timeframe, the employer may receive a negative decision on future applications to the GTS for a period of two years. Like regular LMIAs under the TFWP, GTS employers must retain all documents to satisfy the “reasonable efforts” standard of review.

COVID-19

At the beginning of the pandemic, Orders in Council made pursuant to the Emergencies Act and the Quarantine Act required most foreign workers to self-isolate for at least 14 days upon arrival in Canada. More recently, the requirements have shifted and most foreign workers, with a few exceptions are now required to qualify as a fully vaccinated travellers to enter Canada. Employers must not do anything to prevent the foreign worker from complying with these orders, as well as provincial laws that regulate public health in response to COVID-19. Further, employers are obliged to pay the foreign worker regular pay and benefits (minimum 30 hours per week) at the hourly rate of pay specified on the LMIA or Offer of Employment for any period that they are in mandatory isolation or quarantine upon entry to Canada even if the worker is unable to perform any duties of employment.

Penalties of up to $750,000 can be levied against a foreign worker for any non-compliance with Emergency Orders made under the Quarantine Act.

Applications can either be applied for electronically or by paper. Temporary status documents, including work permits, are issued, and printed on paper at a port of entry or through an inland Case Processing Centre. At the time of writing, temporary status documents are not electronic.

Since the coronavirus pandemic, IRCC digitized citizenship tests and moved citizenship ceremonies online. IRCC’s Confirmation of Permanent Residence process was also transferred online, eliminating the former in-person interview procedure.

In early 2021, IRCC further launched an online permanent residence application portal for select “non-Express Entry” applications with plans to integrate and phase more paper-based programs over time.

While IRCC has the discretionary authority to convoke an interview for any type of application to enter or remain in Canada, most visa and work permit applications are decided in writing or in person following an examination at the port of entry.

Biometrics

The collection of biometrics, including fingerprints and photographs, is mandatory for all foreign nationals between the ages of 14 and 79 who are applying for temporary or permanent residence, unless exempt. A biometric fee must be paid at the time an application is submitted and biometrics must be provided before the application is processed. They are only required once every 10 years.

Biometrics are not required for:

• US nationals that are applying for work or study permit, or a temporary resident permit.
• diplomats and officials traveling on official business.
• US visa holders transiting through Canada.
• Visa-exempt foreign nationals who require an electronic travel authorization and seek to enter or remain in Canada as visitors.
• refugee claimants or protected persons that have already provided biometrics and are applying for a study or work permit; and
• temporary resident applicants who have a valid biometric enrolment on file.

A foreign worker may be accompanied in Canada by a spouse or common-law partner and dependent children. Family members that are not included as dependents in this instance are parents, grandparents, siblings, and other relatives.

Both opposite and same-sex spouses and common-law partners are included in Canadian immigration law. Common-law partners are defined as those that have been living in a conjugal relationship for a period of at least one year. Under the IMP’s public policy provisions, spouses, or common-law partners of skilled foreign workers in Canada can apply for and obtain an open work permit without first having an offer of employment in Canada. This public policy does not extend to working age dependent children.

Children, biological and adopted, qualify as dependants if they are under 22 years of age and do not have a spouse or partner. Children aged 22 or older also qualify as dependants if they have depended on their parents for financial support since before they were 22 and cannot financially support themselves because of a mental or physical condition.

Minor dependent children of a parent that possesses a skilled temporary work or study permit are authorized to attend preschool, primary, or secondary school without a study permit. Age of majority dependent children, while still considered a dependent under Canadian immigration law, must apply for a study permits on their own merit and satisfy the eligibility requirements at the post-secondary education levels. Working age dependent children must similarly apply for and obtain a work permit on their own merit.

See question 3 for unsponsored immigration, Express Entry, and question 1 for federal, provincial, and territorial shared jurisdiction process for immigration in Canada.

Citizenship

Generally, for those wanting to obtain Canadian citizenship by naturalization, foreign nationals must first apply for and obtain permanent resident status in Canada. To be eligible to apply for a citizenship grant, the individual must be a permanent resident that has physically resided in Canada for three out of the last five years preceding the date of the citizenship application. Time spent in temporary status (i.e. work permit) can also be counted as one half day, up to a maximum of 365 days. This means that an individual that worked in Canada on a temporary work permit for at least two years, who subsequently acquired permanent resident status, can generally qualify to apply for citizenship two years after becoming a permanent resident of Canada, assuming the individual has not left Canada during the timeframe. Individuals must have also filed taxes with Canada Revenue Agency, pass a citizenship test, and demonstrate language skills. General processing times for a citizenship grant are currently 26 months.

The current average processing times for permanent residence applications are:

LMIA for permanent residence

In addition to LMIAs for temporary work permit purposes, employers can equally apply for an LMIA for permanent higher-skilled positions to support an individual’s permanent residence application. Having an LMIA will improve a candidate’s rank in the Express Entry pool by providing an additional 50 to 200 points, thereby increasing the chance of being invited to apply for permanent residence.

Employment-based permanent residence (primary)

Canadian Experience Class

This category is one of three federal programs that are managed through Express Entry. To be eligible to apply under this category, foreign nationals must satisfy the following eligibility requirements:

• at least one year of skilled work experience (NOC skill level 0, A, or B), or part-time equivalent, in Canada in the last three years preceding the date of application.
• work experience in Canada was gained while working under lawful temporary resident status (i.e., work permit).
• minimum language proficiency in all four abilities (reading, writing, speaking, listening); and
• plan to live outside the province of Quebec.

Federal Skilled Trades Program

This category is one of three federal programs that are managed through Express Entry. A job offer is not required; however, a foreign national candidate can increase his or her rank profile in the Express Entry pool by having one. To be eligible to apply under this program, foreign nationals must:

• meet minimum language proficiency in all four abilities (reading, writing, speaking, listening);
• have at least two years of full-time paid work experience in a skilled trade, as designated by IRCC, in the last five years preceding the date of application.
• have a valid job offer for at least one year of full-time employment or have a certificate of qualification issued by a provincial, territorial, or federal authority, as applicable to the trade regulatory body in Canada.
• satisfy the job requirements and duties for that skilled trade in the NOC.
• show proof of sufficient funds to settle in Canada, unless exempt; and
• plan to live outside the province of Quebec.

A business visitor is essentially a foreign national that seeks to engage in international business activities in Canada, without directly entering the labour market. Therefore, to be eligible to enter Canada as a business visitor, a foreign national’s source of remuneration must be outside of Canada, together with the principal place of business and accrual of profits.

All business visitors must undergo examination either at a port-of-entry or a consular visa office, if applying for a temporary resident visa.

Permissible activities generally include:

• attending business meetings, such as to discuss operations at an international level.
• attending meetings as a member of a board of directors
• participating in intra-company training
• supervising the installation of specialized machinery purchased or leased outside Canada.
• observing and gathering information regarding site operations.
• buying Canadian goods or services for a foreign business or government.
• taking orders for goods or services.
• attending meetings, conferences, conventions, or trade fairs; and
• attending training by a Canadian company that has sold you equipment or services.

Global Skills Strategy – Short term work

Under Canada’s Global Skills Strategy and based on public policy considerations, highly skilled foreign nationals seeking to work in Canada for short periods of time are permitted to do so without the need to apply for work authorization. This work permit exemption can be granted under the following parameters:

• work to be performed is in an occupation listed in skill type 0 (management) or A in the National Occupational Classification (NOC)
• the exemption is granted for 15 consecutive days if the foreign national was not granted an exemption in the last six months
• the exemption is granted for 30 consecutive days if the foreign national was not granted an exemption in the last 12 months

This policy also extends to highly specialized foreign researchers coming to produce world class research for a period of up to 120 consecutive days, after having received an offer from a publicly funded Canadian degree granting institution or its affiliate research institution.

“Work” is defined under the Immigration and Refugee Protection Regulations as “an activity for which wages are paid or commissions earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.”

Typically, a foreign national requires a work permit to undertake “work” however certain activities, such as long-distance work (by telephone or internet) by a temporary resident whose employer is outside of Canada and who is remunerated from outside Canada, do not require work authorization.

If remote work is generally incidental to the reason that a foreign national seeks entry to Canada, and the work does not compete directly with Canadians in the Canadian labour market, remote work is permissible. The foreign national must not be supporting any operation, function, or project in Canada. If the primary purpose is to enter Canada for full-time remote work for an extended period, authorization to work remotely should be sought from immigration authorities.

Visitors are generally not allowed to partake in work/revenue generating activities while in Canada on visitor status. Per question 9, business visitors can partake in some productive work/revenue generating activities as noted in the list above, but they must provide their main source of income and their primary place of business is outside of Canada.

At the time of writing, Canada does not have a program that allows foreign workers to live and work remotely. Remote work or nomad visa categories have not come into fruition. However, if a position is expected to be remote, this should be disclosed in offers of employment submitted in support of work permits (for both LMIA and non-LMIA based work permit applications).

It is legally permissible for a foreign national to apply to change the conditions of their temporary stay from within Canada, including for a change in employer, if the general terms and conditions of their stay have generally been respected and maintained. Working or studying without authorization, for example, could result in enforcement action and would prohibit the issuance of a new work permit.

As there is no legal onus on an individual or an employer to cancel a work permit should employment cease, a temporary foreign worker is permitted to lawfully remain in Canada for the validity period of the work permit, despite the preceding date of their layoff or termination. The work permit, although still valid, may not be used to engage in employment with any other employer. The foreign national must first apply for and obtain the new work permit before employment can commence.

As a COVID-19 measure, a temporary public policy was introduced to allow temporary foreign workers in Canada to change jobs before a final decision is made on a new work permit application.

If new employment with a new employer is not forthcoming before the work permit expires, it is possible to apply to change temporary status from worker to student or visitor as long as there are sufficient funds to support the individual’s stay in Canada and the individual continues to demonstrate that they will leave Canada at the end of the period authorized for their stay. Depending on the nationality of the individual, it may not be possible to change temporary status from visitor back to a worker without departing Canada. During the COVID-19 pandemic, another temporary public policy was issued to allow visitors to apply for a work permit without having to leave Canada and this temporary measure remains in effect until February 28, 2023.

See questions 18 and 21 regarding employer immigration compliance.

Generally, there is no certification process or trusted employer status that can be applied for and obtained by Canadian employers who wish to hire temporary foreign workers through either the IMP or the TFWP.

However, Canada’s Global Skills Strategy (GSS) allows for two-week processing for skilled workers applying under LMIA exempt work permit categories. For certain high skilled positions that require an LMIA, the Global Talent Stream (GTS) allows for priority and fast track processing for employers wanting to hire unique and specialized global talent to scale up and grow the business in Canada (Category A), as well as highly skilled individuals for in-demand occupations (Category B). At the time of writing, the list currently includes 12 occupations in Science, Technology, Engineering, and Mathematics. Under GTS, ESDC commits to processing LMIAs submitted in 10 business days 80 percent of the time. In addition, IRCC commits to processing work permits for highly skilled workers within two weeks or less 80 percent of the time. Open work permits for spouses and study permits for children are also processed in two weeks’ time, when applicable. It should be noted that due to the impact of COVID-19, the ongoing crisis in Afghanistan and the war in Ukraine, these processing times are not always being adhered to at present.

In Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable the Government of Canada recognized that throughout the pandemic, newcomers to Canada have been on the front lines and that Canadian economic growth will be bolstered by immigration. Budget 2022 commits to:

• Efficiently Welcoming Visitors, Students, and Workers to Canada
• Securing the Integrity of Canada’s Asylum System
• Supporting Legal Aid for Asylum Seekers
• Improving Support Services for Immigrants and Visitors to Canada
• Improving the Citizenship Program

Underpinning these commitments is budgetary pledges and plans to support IRCC and the CBSA in facilitating the timely and efficient entry of a growing population of workers, students, and visitors and to combat the current pandemic-related application backlogs and increased processing times.

Temporary Resident to Permanent Resident Pathway

To support its 411,000 new immigrant targets for 2022. In 2021, IRCC launched a new temporary to permanent residence pathway for up to 90,000 essential workers and international graduates already in Canada. The program application was open until November 5, 2021. A new public policy on issuing open work permits for applicants under the temporary resident to permanent resident pathway came into effect on June 6, 2022. This public policy intends to allow the issuance of open work permits for a longer duration (until December 2024) to avoid renewals as well as to expand the eligibility of the public policy to include family members abroad to expedite family reunification processes.

It is important to note that all Express Entry draws made in 2021 were restricted to candidates in the Canadian Experience Class or those with Provincial nominations, targeting foreign nationals who are already in Canada. Similarly, the first 13 draws in 2022, were restricted to Provincial nominees. Together, these trends indicate a preference for candidates that are not subject to COVID-related travel restrictions and to protect the health and safety of Canadians. However, with the shift towards economic growth, the last 4 draws at the time of writing (between July 6, 2022 and August 17, 2022) have not specified particular immigration programs as eligible to apply.

Canada’s Response to the Situation in Afghanistan

The Government of Canada is currently working to resettle at least 40,000 Afghan refugees in Canada. Through this special program approximately 5,000 Afghans will be resettled through the permanent residence pathway for extended family members or former interpreters and 18,000 Afghans will be resettled via the special immigration program for Afghan nationals who closely assisted Canadian efforts in Afghanistan. Both Economic Mobility Pathways and humanitarian programs are being explored to support Afghans coming to Canada.

Canada’s Response to the Russian Invasion of Ukraine

Canada has implemented measures to support those affected by the Russian invasion of Ukraine in numerous ways including the priority processing of Canada-Ukraine Authorization for Emergency Travel (CUAET) applications and increasing the newcomer services for Ukrainians arriving in Canada. CUAET Applications are open to Ukrainian nationals and family members of Ukrainian nationals including spouses, common law partners, dependent children etc.

Notes

The COVID-19 pandemic, situation in Afghanistan and invasion of Ukraine have all steered Canadian immigration policy towards focusing on how to leverage and add onto Canada’s immigration options and to help provide support to individuals who have faced hardship.

Canada continues to only allow temporary foreign workers who are fully vaccinated against Covid 19 to enter Canada, with few exceptions. To qualify as a fully vaccinated traveler, one must have received at least two doses of Covid-19 vaccines accepted for travel (including a mix of two accepted vaccines), or at least one dose of the Janssen Jcovden (Johnson & Johnson) vaccine. For a two-dose regimen, the second dose must have been received at least 14 calendar days before entering Canada (does not apply to third and fourth doses).

ArriveCAN continues to be mandatory for all travelers to Canada. It is also required to qualify for the fully vaccinated traveler exemption from quarantine and testing. If travelers do not submit their travel information and proof of vaccination using ArriveCAN may have to test on arrival and quarantine for 14 days, and/ or be fined, regardless of their vaccination status.

Pre-entry tests are not required for fully vaccinated travelers entering Canada by land, air or water. Travelers must still use ArriveCAN within 72 hours before their arrival to Canada. Unvaccinated and partially vaccinated children under the age of 12 are not required to provide a valid pre-entry test result, if they are accompanying a fully vaccinated adult. Children who are less than 5 years old are not required to test, regardless of their vaccination status.

Upon entry to Canada by air or at a land border crossing, travelers may be randomly selected for a mandatory arrival test. They must complete their arrival test with an approved test provider if selected. Travelers are no longer required to quarantine while awaiting their test results.

One of the areas that has seen the most significant changes during the Covid-19 pandemic is the Temporary Foreign Worker (TFW) program. The TFW program allows foreign nationals to work in Canada on a temporary basis to fill jobs that Canadians are unavailable or unwilling to take. As a result of Covid-19 related challenges in the Canadian labour market and processing delays, Labour Market Impact Assessments (LMIAs) are now typically valid for 18 months, an increase from 9 months (Prior to COVID-19, LMIA’s were valid for only 6 months). The maximum duration of employment for High-Wage and Global Talent Streams workers has also been extended from two years to three years.

In addition to changes in the TFW program, the Canadian government has committed to instituting policy changes and increasing investment in a number of other areas. In the 2022 budget, the Government of Canada announced that over the next three years they will invest 29.3 million to introduce a Trusted Employer Model for employers who frequently use the program and have a strong history of compliance and upholding workers’ rights. They will also invest $64.6 million over three years to increase capacity to process employer applications within posted service standards.

In order to support the ongoing employer needs in the current labour market, the Canadian and Quebec governments have also come to an agreement to provide certain Quebec skilled workers who have a valid CSQ with an open work permit under the International Mobility Program Plus (IMP+).

This program allows applicants to obtain an open work permit for a maximum period of three years. Every year, a total of 7000 skilled workers may obtain this open work permit. To account for the work permits that could have been issued in 2021 but for implementation delays, 14000 such permits are expected to be issued in 2022.

See question 5 for recent technology development in immigration processes.  As mentioned in question 16, Canada is committed to delivering a government-wide digital platform. This suggests using AI, cyber, and cloud to uplift the human experience, transforming service delivery and digitizing both front-end and back-end operations. It is hoped that IRCC will move to an immigrant-centric digital experience in the years ahead.

Canada does not have a formal Right to Work process in place between foreign nationals, employers, and immigration authorities. However, Canadian employers and its foreign workers have a legal obligation to ensure compliance with all terms and conditions of their stay and the respective offers of employment and LMIA’s. To this end, it is recommended that employers review and clear a foreign worker’s IRCC status document prior to employment and monitor and track all terms and conditions of employment during employment to ensure compliance obligations are fulfilled.

Employers of foreign workers in Canada face a myriad of penal, pecuniary, and reputational risks and consequences for immigration non-compliance. See question 4 for additional context.

Under section 91 of the Immigration and Refugee Protection Act, it is illegal for compensated business stakeholders, such as HR professionals or travel agencies, to directly or indirectly represent or advise a person with respect to immigration proceedings, unless the person is a lawyer in good standing with a Canadian province or territory or is a certified by the Immigration Consultants of Canada Regulatory Council as an immigration consultant.

Non-compliant employers and/or associated persons that contravene this federal law are liable on conviction on indictment to a fine of not more than $100,000, or to imprisonment for a term of not more than two years, or to both; or on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than six months, or to both.

Compensated business stakeholders, such as HR professionals and travel agencies, may not:

• Complete application forms, such as work permits and visa applications on behalf of foreign workers
• Guide a foreign national on how to select the best method of entry to Canada
• Explain or advise on a foreign national’s immigration options
• Represent a foreign national in an immigration application or proceeding
• Communicate with government officials on a foreign national’s behalf
• Complete and/or submit immigration forms on a foreign national’s behalf.

Under section 124 of the Immigration and Refugee Protection Act, it is illegal for any person to employ a foreign national in a capacity in which the foreign national is not authorized.

Non-compliant employers and/or associated persons that contravene this federal law are liable on conviction on indictment to a fine of not more than $50,000, or to imprisonment for a term of not more than two years, or to both; or on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

Under section 126 of the Immigration and Refugee Protection Act, it is illegal for any person to assist with misrepresenting or withholding material facts that could induce an error in the administration of the Act. For example, if a business unit manager instructs a foreign national to seek entry to Canada as a tourist knowing that work activities will be performed on a project, the employer may be in contravention of this law.

Under section 127 of the Immigration and Refugee Protection Act, it is illegal to directly or indirectly misrepresent material facts that could induce an error in the Act, or to communicate false or misleading information or declarations with intent to induce or deter immigration to Canada. Non-compliant employers and/or associated persons that contravene these sections under federal law are liable on conviction on indictment to a fine of not more than $100,000, or to imprisonment for a term of not more than five years, or to both; or on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.

Under section 131 of the Immigration and Refugee Protection Act, it is illegal for any person to contravene section 124 by knowingly employing a foreign national in a position while not authorized. This means that the employer is responsible for the actions of its employees. If another person in the organization instructs another person to work in Canada while not specifically authorized, that individual may be personally liable to the same penalties.

Administrative Monetary Penalties (AMPs)

The AMP regime came into force on December 1, 2015, to enhance immigration program integrity by encouraging employer compliance with the TFWP and IMP programs and to protect foreign workers from exploitation and abuse.

An employer may be subject to AMPs, which can be accumulated through a points-based calculation, based on the size of the employer, severity of the violation, and compliance history. The amounts range from $500 to $100,000, with a total amount not to exceed $1M over a one-year period. In addition to fines under the AMP, the number of points that an employer receives may determine the length of a ban from the TFWP and IMP programs (i.e. one, two, five, ten years, or permanent). Work permit revocation from affected foreign nationals is also possible. Finally, the AMP authorizes ESDC to publish the employer’s name, information, and reasons for non-compliance on one or more Government of Canada websites.

Employers are provided with an opportunity to present legal justifications when findings of non-compliance have been made during the inspection. Employers are also permitted to voluntarily disclose non-compliance, in advance of any inspection, to show good faith and potentially benefit from an overall financial penalty reduction.

Unless a foreign national is eligible and qualifies for a temporary work permit under the International Mobility Program (IMP), Canadian employers that want to employ a foreign worker must apply for and obtain a Labour Market Impact Assessment (LMIA) from Employment Social Development Canada (ESDC) before the foreign national can apply for a work permit from Immigration Refugees and Citizenship Canada (IRCC).

Unless exempt, ESDC considers a myriad of factors when assessing the employment offer, including an employer’s efforts to hire Canadians or permanent residents for the position. The onus lies on the employer to establish that there were no qualified and suitable Canadians for the role, or that Canadian applicants could not be trained for the position in the short term.

Recruitment and advertising requirements (TFWP) 

Prior to applying for a LMIA, employers must advertise the job for a minimum of four consecutive weeks within the three-month period prior to applying for an LMIA, unless exempt. Employers are expected to undertake at least three methods of recruitment efforts to hire Canadians, with the National Job Bank being one of the mandatory methods. The other two methods must be consistent with the occupation, and one of the two must be national in scope. Further, at least one of the three recruitment activities must be ongoing, without a break in continuity, until the date a decision is rendered on the LMIA application. To avoid a refusal, the job advertisements must all include:

• Company operating name
• Business address
• Title of the position
• Duties of employment
• Term of employment
• Language of work
• Wage, including potential bonuses or commissions
• Benefits offered
• Location(s) of work
• Contact information, including telephone number, email address, facsimile number, or mailing address
• Skill requirements, including minimum level of education and work experience.

During the processing, Service Canada may reach out to ask clarifying questions or request more information on the company, role, and the recruitment before rendering a decision on the LMIA application.

Until recently, there were caps for low wage and seasonal positions through the Temporary Foreign Worker Program that were causing serious issues for businesses seeking to fill labour shortages. On April 4, 2022, the government of Canada announced changes to the Temporary Foreign Worker Program to combat these shortages.  To address seasonal peaks, there will no longer be a limit to the number of low-wage positions that employers in seasonal industries, including fish and seafood processing, can fill through the TFW Program. This change makes permanent the Seasonal Cap Exemption that has been in force since 2015.

For seven sectors with demonstrated labour shortages, including Accommodation and Food Services, employers will be allowed to hire up to 30% of their workforce through the TFW Program for low-wage positions for one year.  All other employers will be allowed to hire up to 20% of their workforce through the TFW Program for low-wage positions, an increase from the former 10% cap for many employers.

The Government also announced that it will end the current policy that automatically refuses LMIA applications for low-wage occupations in the Accommodation and Food Services and Retail Trade sectors in regions with an unemployment rate of 6% or higher.

At the time of writing, there is no legal requirement to cancel a work permit with immigration authorities when employment ends. Similarly, there are no exit procedures if an individual repatriates or departs Canada permanently.

Medical examination requirements:

Medical examination requirements vary depending on whether a foreign national seeks to enter Canada for a temporary or a permanent basis. A foreign national generally does not need a medical examination if the plan is to stay in the country for six months or less, however a medical examination is always required if the individual plans to work in certain jobs such as jobs that bring them into close contact with people such as:

• workers in health-care settings
• clinical laboratory workers
• patient attendants in nursing and geriatric homes
• medical students admitted to Canada to attend university
• medical electives and physicians on short-term locums
• workers in primary or secondary school settings, or workers in child-care settings
• domestics
• workers who give in-home care to children, the elderly and the disabled
• day nursery employees and
• other similar jobs; and
• agricultural workers that have visited or lived in a designated country for more than six months during the past year.

If the plan is to stay in Canada for longer than six months, a medical examination is required if the individual has resided or sojourned in a medically designated country or territory for at least six months in a row within the year immediately preceding the date of prospective entry to Canada.

In addition, all foreign nationals that have a physical or mental disorder that would require social and/or health services, other than medication, during the proposed stay in Canada are required to disclose this to immigration authorities on their application to enter Canada. Depending on the situation, a medical examination may be required.

For permanent residence, medical examination requirements are mandatory for all foreign nationals and their family members, whether accompanying the principal applicant to Canada or not.

Vaccination

At the time of writing, travel restrictions remain in force across all Canadian border crossings.

Canada continues to only allow temporary foreign workers who are fully vaccinated against Covid 19 to enter Canada, with few exceptions. To qualify as a fully vaccinated traveller, one must have received at least two doses of Covid-19 vaccines accepted for travel (including a mix of two accepted vaccines), or at least one dose of the Janssen Jcovden (Johnson & Johnson) vaccine. For a two-dose regimen, the second dose must have been received at least 14 calendar days before entering Canada (does not apply to third and fourth doses).

Accepted COVID-19 vaccines in Canada include:

• AstraZeneca/COVISHIELD (ChAdOx1-S, Vaxzevria, AZD1222)
• Bharat Biotech (Covaxin, BBV152 A, B, C)
• Janssen Jcovden (Johnson & Johnson, Ad26.COV2.S (JNJ-78436735))
• Medicago Covifenz
• Moderna (Spikevax, mRNA-1273) including for children aged 6 months to 11 years
• Novavax (NVX-COV2373, Nuvaxovid, Covovax)
• Pfizer-BioNTech (Comirnaty, tozinameran, BNT162b2) including for children aged 5 to 11 years
• Sinopharm BIBP (BBIBP-CorV)
• Sinovac (CoronaVac, PiCoVacc)

The list of accepted vaccines may expand in the future. All proof of vaccinations must be digitally uploaded to Canada’s ArriveCAN app prior to travel and must be translated into English or French by a certified translator.

TFW’s in certain occupations (NOCs) are required to demonstrate language ability, while applicants applying for work permits from certain countries also need to demonstrate language ability (in English and/or French) to meet their country-specific requirements. Under Canada’s Express Entry System (Permanent Residence), individuals need to meet a language test threshold called the Canadian Language Benchmark (CLB) to qualify under the Canadian Experience Class. Many Provincial Nominee Program (PNP) applicants also are required to undergo mandatory language testing and meet a minimum standard of Canadian Language Benchmark before obtaining a provincial nomination certificate.  For permanent residence in Quebec, intermediate knowledge of French may be required to qualify for some programs.

GOVERNMENT PROCESSING FEES: EMPLOYER-SPECIFIC WORK PERMITS 

A genuine offer of employment for work to be performed in Canada is generally required to support all work permit applications.

Prior to arriving in Canada, an employment contract should be prepared and signed by the employer and the foreign worker to ensure that all parties are aware of rights and obligations.

It is important to note that proposed amendments to the Immigration and Refugee Protection Regulations require employers to provide workers with a signed copy of the employment contract.

Temporary work permits are typically issued for an initial one to three-year period, with renewals in one to three-year increments, depending on the work permit category.

There are very few limitations or time caps on the length of time a skilled temporary foreign worker can remain working in Canada. There is generally no limit on the number of extensions, if the foreign worker continues to comply with the legal requirements and satisfy immigration authorities that they will leave Canada at the end of the period authorized for their stay.

For intra-company transferees, however, the total period of stay may not exceed five years for specialized knowledge workers and seven years for executives and senior managers. In these cases, a minimum period of one year must pass following the time cap before the foreign national is eligible to apply for a new work permit under these categories.

Yes. Dual citizenship is legal in Canada. Canadians are allowed to take foreign citizenship while keeping their Canadian citizenship.

Canada’s openness to immigration is one of our nation’s greatest competitive advantages. Canada welcomed more than 405,000 new permanent residents in 2021—more than any year in Canadian history. In February 2022, Immigration, Refugees and Citizenship Canada released details of an “Immigration Levels Plan” for 2022-2024. Canada aims to welcome 431,645 new permanent residents in 2022, 447,055 in 2023 and 451,000 in 2024. Of note, the Federal High Skilled Economic category (comprised of the Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class) will see the largest increases year over year, with a target of 55,900 planned permanent resident admissions in 2022, 75,750 in 2023, and 111,500 in 2024.

The government of Canada also unveiled significant investments to facilitate the processing and settlement of new permanent residents to Canada, committing $2.1 billion over five years and $317.6 million ongoing in new funding. The budget laid out additional investments for temporary residence applications, announcing a $385.7 million investment over five years, and $86.5 million ongoing for Immigration, Refugees and Citizenship Canada, the Canada Border Services Agency, and the Canadian Security Intelligence Service to deal with the volume of applications. The government has also earmarked $187.3 million over five years, and $37.2 million ongoing, for Immigration, Refugees and Citizenship Canada to improve its technology and service offerings.

In addition to the ambitious targets for new permanent residents and invested capital to continue modernizing Canada’s immigration system, the government has also committed to hiring new IRCC staff to help clear immigration application backlogs and process applications within service standards. On August 24, 2022, the Minister of Immigration, Refugees and Citizenship announced that due in part to increased hiring over the past year, the department issued over 349,000 new work permits from January 1 to July 31, compared to only 112,000 issued during the same period in 2021. The Minister also announced that IRCC is aiming to process 80% of all new applications within regular service standards.11 IRCC will publish monthly data on their website laying out their progress in reducing application backlogs going forward.

The recent measures put forward by the government will enhance Canada’s reputation of having a transparent immigration system that can facilitate the hiring of foreign workers quickly and efficiently. With these bold initiatives and investments, we have the greatest opportunity to attract and retain global talent and simultaneously meet our humanitarian objectives.