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Back in April 2024, the government announced that in the fall, it would allow full-time international students to work up to 24 hours per week off-campus. This 24-hour per week limit was settled on to strike a balance between allowing students to pay for their studies and living expenses and focusing on their studies as the purpose of their stay in Canada. Further, the program of study must be a full-time post-secondary academic, vocational or professional training program, or a vocational training program offered at the secondary level in Québec. The program must be at least six months in length and lead to a degree, diploma, or certificate. This 24-hour limit for off-campus work came into effect November 15, 2024. There is no limit to the number of hours a student can work off-campus during regularly scheduled breaks such as the summer or winter holidays.

Additionally, to enforce its limit on the number of international students in Canada and to try to ensure that study permit holders are in Canada to study, designated learning institutions (DLIs) are required to submit a report twice a year to Immigration, Refugees and Citizenship Canada (IRCC) indicating whether each study permit holder associated with their school remains enrolled. The government has further stated that students who are no longer enrolled can be investigated for breaking their study permit conditions and may face enforcement action.

IRCC has also stated that its letter of acceptance (LOA) verification process has been successful. Between December 1, 2023, and October 6, 2024, IRCC received almost 529,000 LOAs, confirmed 492,000 of them as valid with DLIs, and identified over 17,000 LOAs that did not match a LOA issued by a DLI or which was already cancelled.

Further updates to the International Student Program relate to the end of the Student Direct Stream and Nigeria Student Express on November 8, 2024. The Student Direct Stream was a fast-track process for study permit applicants from Antigua and Barbuda, Brazil, China, Colombia, Costa Rica, India, Morocco, Pakistan, Peru, Philippines, Senegal, St. Vincent and the Grenadines, Trinidad and Tobago, and Vietnam. Applicants had to submit English language test results meeting a certain threshold and obtain a Guaranteed Investment Certificate of $20,635. A similar stream existed for Nigerian study permit applicants with Nigeria Student Express. Both of these programs have now ended.

These measures are to continue into the future as the government continues to place further scrutiny on the International Student Program and to limit the number of international students, and temporary and permanent residents in general, in Canada.

If you have questions about off-campus work that may affect you or an employee, you can reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

Immigration, Refugees and Citizenship Canada (IRCC) have announced major changes regarding eligibility for intra-company transfer (“ICT”) work permits, low-wage Labour Market Impact Assessments (“LMIAs”), and Post-Graduation Work Permits (“PGWPs”) which will further reduce the number of workers in Canada. Here’s what you need to know:

Limits to Intra-Company Transfer Work Permits

The changes to ICT work permits are now in effect. These significant changes encompass ICTs that are not subject to free trade agreements. . The free trade agreement ICTs remain unaffected.  These include free trade agreements that Canada has with other countries, including but not limited to the United States, Mexico, the European Union, the UK, Ukraine, Peru, Colombia, Chile, South Korea, Australia, Brunei, Japan, New Zealand, and Malaysia. The changes below refer to the general ICT work permit provisions that are not part of free trade agreements.

• The prevailing wage for the occupation (the median wage for the occupation in the area where the foreign national will work) must now be met for executives, managers, and specialized knowledge workers. This was previously only required for specialized knowledge workers.
• The company transferring the workers must meet the definition of “multinational corporation” (“MNC”). IRCC defines an MNC as a company which has at least two (2) entities outside of Canada that are actively engaged in business.
• The worker must be transferring to Canada in the same capacity as the position they held abroad. This language is vague and not well-defined, but we believe it to mean that the worker must hold the same duties in Canada that they held overseas, but do not know if the job title must be identical or just within the same national occupational code.
• The worker’s position in the foreign enterprise must remain available to them to return to once they leave Canada. The particulars of this requirement are again unclear, especially considering that workers will often progress in their careers, and that the foreign company the worker was employed at may close and they may need to transfer to another affiliate in the organization. In practice, in the past this has meant the transferring company must continue to carry on business at all times while the foreign worker is in Canada and be in a position to transfer the worker from Canada to the original company outside Canada to a largely similar position. Given that IRPA provides for dual intent, and allows foreign workers to have both a temporary and permanent intend, it is puzzling why IRCC have chosen to emphasize this criteria.
• The employment location in Canada must be a physical commercial premises. It cannot be a co-shared premises, virtual business that only has a mailing address, or a residential location. Businesses should have a leased office, industrial, or other commercial premises to meet this requirement. This requirement seems unrealistic given the shift to many companies offering hybrid remote work and downsizing or sharing physical premises.
• When entering to do project-based work, either at the company or client sites, a maximum work permit of one (1) year can be issued. This will affect workers who enter Canada for a specific project, such as delivering training sessions; inspecting, maintaining, or installing equipment at a client site; or operating specialized equipment for an infrastructure project.

Limits to Low-Wage LMIAs

Low-wage LMIAs are now further restricted, which will further limit the number of foreign workers in Canada. Low-wage LMIAs are defined as LMIAs for positions in which the wage offered for the job is below the overall median wage for all positions in that province or territory of Canada. The median wages are listed here: https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage.html. If the wage offered is above the median wage, the LMIA would be a high-wage LMIA.

• IRCC will refuse to process low-wage LMIA applications in areas where the unemployment rate is 6% or higher. Unemployment rates by census metropolitan area can be located here: https://www.canada.ca/en/employment-social-development/services/foreign-workers/refusal.html. It should be noted that the unemployment rates for many large metropolitan areas in Canada, including Toronto, London, Windsor, Calgary, Edmonton, Vancouver, and Halifax, are over 6%.
  • Exemptions to the refusal to process include occupations in primary agriculture; construction; food manufacturing; hospitals; nursing and residential care facilities; educational services; caregiving services including registered nurses and registered psychiatric nurses, licensed practical nurses, home childcare providers, and personal support workers including live-in caregivers.
  • LMIAs solely to support an application for permanent residency are also exempt from the refusal to process.
• IRCC will not process low-wage LMIAs where more than 10% of the workers at the same work location are low-wage temporary foreign workers (“TFWs”). However, for the following industries, this cap on TFWs at the work location is 20%:
  • Construction; food manufacturing; hospitals; nursing and residential care facilities; educational services; caregiving services including registered nurses and registered psychiatric nurses, licensed practical nurses, home childcare providers, and personal support workers including live-in caregivers.

Limits to Post-Graduation Work Permits

On November 1, 2024, the following will take effect for those who wish to apply for PGWPs:

For study permits issued before November 1, 2024:

• Applicants must complete a designated English or French language proficiency test, which includes CELPIP, IELTS, PTE Core, TEF Canada, or TCF Canada, and achieve a minimum level of language proficiency.
  • Graduates of universities will need to achieve a Canadian Language Benchmark (CLB) level of 7, which is roughly equivalent to an adequate intermediate level.
  • Graduates of colleges will need to achieve a CLB level of 5, which is roughly equivalent to an initial intermediate level.

For study permits issued after November 1, 2024, in addition to having to meet language requirements, there are additional requirements as noted below that must be met:

• Graduates of a university program that does not confer a bachelor’s, master’s, or doctoral degree must have studied in an eligible field, as listed here: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility/study-requirements.html#field-of-study.
• Graduates of a college program or any other program not listed above must have studied in an eligible field, as listed here: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility/study-requirements.html#field-of-study

Further reduction in the number of temporary residents can be expected based on the Minister Miller’s announcement of September 18, 2024 where he indicated changes to the eligibility criteria for Open Spousal Work Permits.

The government’s changes to these programs are significant and will make it more difficult for many people to come to Canada and for many people to stay in Canada. Many employers and workers who are intra-company transferees, on low-wage LMIA-based work permits, and recent graduates will be affected by these measures. These measures will significantly impact foreign businesses make it difficult for companies to establish and expand in Canada.  Clearly these are very challenging times in the Canadian immigration landscape. If you have questions about these changes, or about coming to or remaining in Canada for yourself or an employee, you can reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

On August 11, 2024, a new public policy[1] from Immigration, Refugees and Citizenship Canada (“IRCC”) took effect which provides a further avenue for Ukrainians who came to Canada under the Canada-Ukraine Authorization for Emergency Travel (“CUAET”) to remain in Canada as workers or students.

Following Russia’s invasion of Ukraine, approximately 300,000 Ukrainian citizens and permanent residents entered Canada under the CUAET measures. Given the difficulty for many newcomers in general with finding jobs that require higher education and given that many avenues to permanent residence require highly skilled work experience, many Ukrainians were left without a durable solution regarding their immigration status in Canada following the end of the CUAET measures on March 31, 2024. The new public policy now gives further time for CUAET beneficiaries to remain in Canada and transition to permanent residency.

The public policy allows Ukrainian temporary residents (workers, students, or visitors) who arrived in Canada under the CUAET measures before March 31, 2024, to apply for an open work permit or study permit valid for three (3) years, subject to passport validity. It is important to note that consular services for male Ukrainian citizens between the ages of 18 and 60 residing outside of Ukraine have been suspended unless one has registered for a military document, which adds an extra step for Ukrainian men between 18 and 60 in getting a new passport.

Further, this public policy does not exempt one from paying the processing fees as the CUAET did, and applicants will be required to pay the open work permit or study permit fees. This public policy expires on March 31, 2025, and applicants must apply for an open work permit or study permit by then.

Additionally, IRCC implemented another public policy[2] on August 1, 2024, for those who applied for the CUAET and whose applications were still begin processed as of February 4, 2024. These individuals can still enter Canada under the CUAET measures up to December 31, 2024.

If you or an employee has any questions about the public policy allowing CUAET recipients access to further three (3) -year work or study permits, or the public policy allowing for entry to Canada up to December 31, 2024 for those who applied for the CUAET and whose applications were still being processed on February 4, 2024, feel free to reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

[1]https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/ukraine-cuaet-februrary-4-extension.html

[2]https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/ukraine-cuaet-februrary-4-extension.html

After feedback and lobbying from various countries, veterinarians, industry partners, and the public, the U.S. Centers for Disease Control (“CDC”) has walked back from some of its requirements for dogs from countries that are rabies-free or with a low risk of rabies, including Canada. Specifically, dogs entering or returning to the United States from such countries will no longer require a form completed by a veterinarian which would only have been valid for 30 days.

The updated rules that are set to come into force on August 1, 2024, are summarized below and can be found here: https://www.cdc.gov/importation/dogs/rabies-free-low-risk-countries.html. Please keep in mind that these requirements apply only to dogs that have been in rabies-free or low-risk countries for the 6 months prior to entry or return to the United States, including Canada. These rules apply to Service Dogs as well as to Americans returning to the United States with their dogs after visiting these countries, including Canada.

• Must be at least 6 months old;
• Must appear healthy upon arrival;
• Must be microchipped;
• CDC Dog Import Form – Must be completed and the receipt provided to airline officials and/or United States Customs and Border Protection (“CBP”) officials upon entry to the United States.

This form and its receipt are valid for 6-months and can be completed on the date of travel and is valid for 6-months, including multiple entries. This is especially relevant for snowbirds planning to spend 6-months in the United States with their dog that the form be completed as close to their travel as possible to cover the full 6-months’ stay.

It is to be noted that the form and the receipt will not be valid if during the 6-months, the dog has travelled to a high-risk county, as there are different set of requirements for travel to the United States in cases where a dog has been in a high-risk country in the last 6-months.

Canada is continuing its talks with the U.S., to seek a nine-month grace period from these requirements to ensure both Canadian and American travellers heading to the United States face minimal disruption.  For now, the above requirements are set to come into effect on August 1, 2024.

Keep in mind that there is variance in requirements around entry and return to the United States depending on where the dog has been in the last 6 months, especially if the dog has been in a high-risk country or if the dog has a foreign or U.S.-administered rabies vaccine. As such, travellers are encouraged to check CDC’s website (see link below) to avoid any surprises at the border: https://www.cdc.gov/importation/dogs/index.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fimportation%2Fdogs%2Fenter-the-us.html.

Although, some of the rules have been relaxed by CDC, the requirements are still quite cumbersome especially to the section of the population reliant on service dogs.  Hence, a more sustainable and equitable solution needs to be developed to ensure hassle free travel for dog owners between the two countries.

Effective July 1, 2024, the immigration provisions of the Canada-Ukraine Free Trade Agreement (“CUFTA”) came into effect. This now brings new avenues for citizens and permanent residents of Ukraine to work in Canada or enter Canada as business visitors. The CUFTA’s immigration provisions contain similarities with other free trade agreements- like the Canada-United States-Mexico-Agreement, the Canada-European Union Comprehensive Economic and Trade Agreement, the Canada-Colombia Free Trade Agreement, and the Canada-Peru Free Trade Agreement.

The CUFTA brings new work permit categories and may offer new routes for Ukrainian citizens and permanent residents to remain in Canada who initially came under the Canada-Ukraine Authorization for Emergency Travel (“CUAET”), but who do not have another avenue to remain in Canada as a worker or who have not yet transitioned to permanent residence. Following Russia’s invasion of Ukraine, over 210,000 Ukrainian citizens and permanent residents entered Canada. However, given the difficulty of many newcomers in finding jobs that require higher education and are well-paying, many Ukrainians may continue to be left without a durable solution regarding their immigration status in Canada.

CUFTA Business Visitors

The Immigration and Refugee Protection Regulations (“IRPR”) already contain provisions for business visitors entering Canada, and many of these provisions are re-iterated in the CUFTA. Under the CUFTA, Ukrainian business visitors can enter Canada for up to 6 months for:

• Business meetings, client meetings, seminars, or conferences;
• Conducting technical, scientific, or statistical research for a foreign enterprise;
• Conducting purchasing or other commercial transactions for a foreign enterprise;
• Conducting market research or analysis for a foreign enterprise;
• Marketing or promoting for a foreign enterprise at a trade fair/convention;
• Taking orders for Canadian goods or services, negotiating contracts for Canadian goods or services, or buying Canadian goods or services for a foreign enterprise but not delivering those goods or services;
• Transporting goods or passengers from Ukraine to Canada;
• Providing after-sales services to install, repair, and/or maintain products purchased outside of Canada; supervise the installation, repair, or maintenance of products; or train other personnel to perform these services;
• Engaging in international business activities without directly entering the Canadian labour market;
• Engaging in business-related duties as management and supervisory personnel for a foreign business (e.g., to lease office space in Canada);
• Engaging in commercial transactions for a foreign enterprise as a financial services professional (e.g. insurer, banker, investment broker);
• Attending or participating in a convention or conducting a tour that began outside Canada as a tour guide or travel agent;
• Translating or interpreting as an employee of an enterprise in Ukraine.

CUFTA Intra-Corporate Transferees

The CUFTA provides for work permits for Ukrainian intra-corporate transferees who are employed by an enterprise in Ukraine; who have worked for that enterprise for more than 1 continuous year in the last 3 years; who work in an executive position, managerial position, or who possess advanced knowledge of the enterprise’s proprietary product, service, research, equipment, techniques, or management; and who will be transferring to a Canadian affiliate, subsidiary, or parent entity.

An initial work permit of 3 years is available with extensions possible. However, the maximum stay for executives and managers is 7 years while it is 5 years for specialists.

CUFTA Professionals

Ukrainian citizens and permanent residents may also be eligible for work permits under the CUFTA Professionals category. They must have a job offer in Canada for either a TEER 0 position, meaning a managerial position, or a TEER 1 position, meaning a position that typically requires a university education as per Canada’s National Occupational Classification (“NOC”) system. However, the following occupation categories are excluded: health, education, and social services occupations and related occupations; judges, lawyers, and notaries except for foreign legal consultants; managers in postal and courier services; managers of telecommunications carriers; occupations related to cultural industries; and recreation, sports, and fitness program and service directors.

They must also have a post-secondary credential of 4 years or more of study and meet the education requirements for their position under the NOC. A bachelor’s degree in Ukraine typically takes 4 years of study.

They must have at least 2 years of paid work experience in the sector of work of their proposed position in Canada. They must also be paid a wage in Canada that is commensurate with other professionals in their industry and region of work. This wage is based on the median wage for the occupation in their region of work, as reported by Employment and Social Development Canada.

A work permit as a CUFTA Professional may be issued for up to 1 year with extensions of 1 year increments available.

CUFTA Investors

Ukrainian citizens or permanent residents who are the owners of an enterprise or an employee of an enterprise and who are establishing, developing, or administering a substantial investment to begin business operations in Canada may be eligible for a work permit as a CUFTA Investor. They must be employed in a supervisory or executive capacity or one that involves essential skills. Essential skills refers to special qualifications and knowledge that are vital to the Canadian enterprise’s operations.

A work permit as a CUFTA Investor is available for 1 year. Extensions of these work permits are available but given that this category is based on the establishing, developing, or administering of an investment, the extension request should be considered in this context.

If you or an employee has any questions about the CUFTA and its immigration implications, feel free to reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.