Canada: Top 5 Canadian Immigration Updates So Far This Year

1. Biometrics requirements

Giving up your fingerprints and a photograph before entering Canada has become the new norm for most foreign nationals who are applying for a Canadian Temporary Resident Visa (TRV), Work Permit, Study Permit, Permanent Residence, or Temporary Resident Permit (TRP).

Since July 31, 2018, foreign nationals from Europe, Africa and the Middle East are required to provide biometrics. The requirement will be subsequently phased in for all foreign nationals from Asia, Asia Pacific, and the Americas on December 31, 2018. Note that biometrics will not be required if you are submitting an application inside Canada for a TRV, Work Permit, Study Permit, Permanent Residence, or TRP, although this is likely to change in 2019. According to the Canadian Government, the new biometrics requirement will allow the Government to better establish the identity of foreign nationals and enhance the health, safety, and security of Canadians.

Not everyone will need to provide biometrics. For example, visa-exempt nationals entering Canada as tourists who are Electronic Travel Authorization (eTA) holders will not be required to provide biometrics. US Nationals are exempt too, unless they are applying for Permanent Residence status. Persons under the age of 14 and over the age of 79 are also not required to provide biometrics.

Although some foreign nationals may provide their biometrics at specified Canadian ports of entry, a list of which can be found here, many foreign nationals will need to provide biometrics at an overseas Visa Application Centre. Biometrics will remain valid for ten years and will cost $85 CAD per person to apply.

 For a more detailed analysis of the biometrics requirements, please visit  our blog.

 2. Express Entry

So far this year, Express Entry candidates hoping to receive an Invitation to Apply (ITA) for Canadian Permanent Residence required, at the lowest end of the spectrum, a CRS score of 440. For most of the recent Express Entry draws, however, the minimum required CRS score required hovered in the mid-440 range and climbed to as high as 456.     

The most significant change to the Express Entry system is that the deadline to submit an electronic application for Permanent Residence is now 60 calendar days after receiving an ITA. Previously, the deadline was 90 calendar days.

3. Phasing out medical inadmissibility

This is significant for foreign nationals who have been diagnosed with medical conditions and submit applications to IRCC to enter or remain in Canada as a Temporary Resident or Permanent Resident. Even foreign nationals with immediate family members that have medical conditions can be potentially obstructed from entering Canada by the health provisions.

IRCC has, in the past, characterized these provisions as essential to reducing the impact of immigrants on the publicly funded Canadian health and social systems. IRCC has recently changed its position and has takens steps to promote the inclusion of persons with disabilities in Canadian society.

The current medical assessment of applicants turns on whether an applicant is likely to cause "excessive demand" on Canadian health or social services. "Excessive demand" is defined as either: (i) a demand on health or social services for which the anticipated costs would likely exceed average Canadian per capital health/social services costs over a period of five consecutive years; or (ii) a demand on health/social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or Permanent Residents.

The average Canadian per capita cost threshold was approximately $6,604 CAD per year. As such, if an applicant's anticipated cost of health or social services per year exceeds that amount, an applicant's or their family member's health condition could have been considered an "excessive demand" and resulted in a finding of inadmissibility to Canada.

After the IRCC announcement on June 1, 2018, the cost threshold has more than tripled to $19,812 CAD per year. As a result, applicants with medical conditions are much less likely to cause "excessive demand." An inadmissibility finding may only be made if the services that a health condition may reasonably require exceed the new, much higher, cost threshold.

For additional information about medical inadmissibility and the history of the health provisions, please visit  our blog.

4. Uncertainty stemming from the Impaired Driving Act

Permanent Residents of Canada should take particular notice of this change. Although Bill C-46, known as the Impaired Driving Act, will not come into force until December 18, 2018, its impact on Permanent Residents could be immense.

One of the more significant consequences of this Bill is that a Permanent Resident of Canada convicted of a driving impaired charge or conviction abroad could face the loss of his or her Permanent Resident status with no right of appeal. In addition to Permanent Residents of Canada, foreign nationals with DUI convictions abroad trying to enter Canada may be refused admission, even if five or more years have passed since they completed their sentence and there have been no further criminal charges or convictions. For additional information about Bill C-46, please visit  our blog.

5. The 2018 Federal Budget: Immigration Priorities

The Government of Canada released the 2018 federal budget in February and it underscores priorities with respect to immigration. Foremost, the Government appears to intend to keep immigration numbers up, setting aside approximately $440 million to assist the roughly one million immigrants anticipated to make Canada home from 2018 until 2020. The Government also pledged its financial support to visible minority newcomer women in Canada, to expanding Canada's start up visa program, to supporting both of Canada's official languages, to protecting temporary foreign workers by budgeting roughly $33.19 million per year for the next five years, and to allocating $173.2 million to speed up the processing of asylum claims in 2018 and 2019.

For a more comprehensive outlining of the 2018 federal budget, please visit  our blog.

The remaining months of 2018 are sure to usher in a host of new updates. If you have any questions or you would like more information about the changes mentioned above, you can  schedule your consultation with a member of the Green and Spiegel LLP team today.


Sign-up for the Upcoming Inside Immigration Webinar on September 26th, 2018 at Noon EST

Inside Immigration Webinar is a monthly 30 minute call featuring Green and Spiegel's immigration lawyers covering a broad range of topics in immigration law. This month's webinar will cover the following topics:

  • Recent Developments
  • Trends in immigration law
  • Expert insight

Register here


Sign up for our e-Alerts


The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Events from this Firm
10 Oct 2018, Conference, Toronto, Canada

As of October 17th, 2018, buying, selling, possessing, using recreational cannabis and taking part in the business of selling it will be legal in Canada.

Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions