CILF Newsletter – Early Winter 2018
Today’s topics:
2. New DUI laws in effect December 18, 2018 and the immigration implications
3. Phase Two of Biometrics Rolls Out on December 31, 2018
4. CPTPP in effect December 31, 2018; Transpacific Partnership Immigration Provisions
5. Parent and Grandparent Pool to open January 2018
6. International Experience Category Work Permits – Pool Now Open
7. Travel plans for the holidays? Make sure you are prepared
8. Electronic devices
9. On site or virtual immigration seminars
On December 21, 2018, Corporate Immigration Law Firm – Caruso Guberman Appleby will be packing up and moving! Our new address is 5 Church Street, Toronto, Ontario, M5E 1M2. Our phone numbers, emails and fax will remain the same. We look forward to meeting with you in our new space.
Canada’s Criminal Code is changing on December 18, 2018 with respect to driving under the influence of alcohol/drugs. The maximum sentence for alcohol- and/or drug-impaired driving will increase from 5 years to 10 years of imprisonment. This will cause this offence to be considered “serious criminality” instead of “criminality” under Canada’s immigration law.
It remains unclear what the implications will be for persons convicted of a DUI prior to December 18, 2018.
The National Immigration Law Section of the Canadian Bar Association has asked the Minister of Immigration to consider how the change in maximum sentence will affect foreign nationals and permanent residents in and outside Canada. No changes to immigration policy tempering the impact of the December 18 change have been announced as of yet. Future issues of the Corporate Immigration Law Firm Newsletter will provide up dates as they become available.
Since July 31, 2018, citizens of countries in Europe, the Middle East and Africa have been providing biometrics in order to enter Canada. On December 31, 2018, citizens of countries in Asia, Asia Pacific and the Americas will also be required to provide biometrics in order to enter Canada. The only exception to this is for American citizens. Otherwise, all travellers who are visiting, studying, working or immigrating to Canada will provide fingerprints and a photo. For individuals who are visa-exempt, biometrics will be provided upon arrival at the port of entry in Canada. For those who require visas, biometric collection points are located around the world.
4. 
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in effect December 31, 2018; Trans-Pacific Partnership Immigration Provisions
The CPTPP is a new free trade agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, making it one of the largest free trade agreements in the world. The provisions pertaining to Temporary Entry for Business Persons include categories that cover: Business Visitors, Short Term Business Visitors, Service Sales Persons, Intra-Corporate Transferees, Investors, Independent Executives, and Persons Responsible for Setting up a Commercial Presence, Professionals and Technicians.
Among the noteworthy provisions, is the introduction of an Intra-Corporate Transferee category for management trainees on professional development. In additional, the categories of Professionals and Technicians that qualify vary depending on the country.
The new agreement is of benefit to those seeking temporary entry to Canada from the signatory countries as it opens up other options beyond those currently available.
For the 2019 season, Immigration, Refugees and Citizenship Canada (IRCC) has made changes to the Parents/Grandparents sponsorship selection process. Instead of the ‘lottery’ based system employed in the previous three years, this coming year IRCC will select applicants on a first-come first-served basis. It is expected that on January 2, 2018, IRCC’s dedicated parents/grandparents expression of interest webpage will be live where sponsors can complete an Expression of Interest (EOI) in order to be considered for selection. If sponsors submit more than one EOI, the government will select that the most recent EOI. If selected, sponsors will be invited to submit a complete application. Future issues of the Corporate Immigration Law Firm Newsletter will provide an updates with respect to the number of applications selected.
On December 4, 2018, International Experience Canada (IEC), IRCC’s program allowing foreign youth to come to Canada for the purpose of working and travelling, started accepting applications from applicants from 34 different countries worldwide for the 2019 season. Depending on the applicant’s country of origin the program provides the applicant with up to three different categories to qualify under: Working Holiday, Young Professionals and International Co-op Internship.
The 2019 season provides even more applicants between the ages of 18 and 30 (or 35 depending on the applicant’s country of citizenship) with the opportunity to submit their application.
Other changes include opening the program to citizens of Portugal, increasing the participation age of Australian citizens and clarifying that Danish citizens residing in Greenland or the Faroe Islands continue to be eligible.
Late during the 2018 season IRCC had expanded the program selection available to Austrian citizens to include the Working Holiday category and the frequency of participations for citizens of Chile had been increased to two (2) participations.
Have plans to go away over the holidays or this winter. Always be sure to check your documents (well, in advance of leave for the airport!!). Make sure that passports and/or PR cardsfor everyone that will travel with you are valid. This applies to Nexus, too. For those who are on work permits or visas, ensure those are valid too. If you will be travelling alone with a child, be sure to have travel authorization letters from the other parent or parents of the child.
Exercise caution when taking electronic devices across borders. Canada Border Services Agency (CBSA) officers routinely search the electronic devices of individuals entering Canada, both randomly and in a targeted fashion. The courts have not taken a clear position regarding what border officers can and cannot do when searching or seizing an electronic device. Travellers who have refused to provide their passwords have been threatened with arrest and with hindering or obstructing a CBSA officer.
Here are some best practices to keep in mind. The best safeguard against an electronic search is to not carry the data at all when crossing the border. Consider dedicating a device for travel purposes and do not store any sensitive data on it. Remember that deleted data on an electronic device, while not easily accessible by an officer, can likely be retrieved with the use of recovery software. Keep in mind that data stored in the cloud, once accessed by a device, may be stored on the device and accessible without an internet connection. Separate privileged and confidential documents and label them accordingly, and inform the officer conducting the search that you are in possession of sensitive documents.
Corporate Immigration Law Firm is always available to tailor an immigration seminar that addresses the needs of your company. We are happy to visit you at your premises or present virtually. Please contact us to discuss this opportunity.
