Immigration Update: Layoff and Termination of Foreign Nationals due to COVID-19 (March 24, 2020 at 10:00 a.m. EDT)

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During this unusual time, CILF – Caruso Guberman Appleby, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

Last week more than 500,000 employees applied for Employment Insurance (EI). Many employers have already had to lay off staff due to the impact of COVID-19.

If your business is considering layoffs for temporary foreign workers, please note there are unique implications that warrant discussion with immigration counsel at CILF. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca, guberman@cilf.ca, appleby@cilf.ca, cowling@cilf.ca, bonisteel@cilf.ca, tsoi@cilf.ca, ali@cilf.ca, green@cilf.ca 

Some of the immigration-related issues that result from the temporary layoff or termination of foreign national employees include:

  1. Eligibility for EI benefits.
  2. Ability to remain in Canada after layoff or termination.
  3. Whether the employer has an obligation to pay for travel back to the foreign national’s home country.
  4. Compliance issues and need for voluntary disclosures.
  5. Impact on a pending permanent residence application.
  6. Whether layoff will affect individual’s ability to qualify for permanent residence.
  7. In the event of a termination, whether additional notice is required given the foreign national’s particular situation.

Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.

Immigration Update: Covid-19 Impacts (March 23, 2020 at 12:00 p.m. EDT)

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During this unusual time, CILF – Caruso Guberman Appleby, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

The federal government has begun clarifying many of the questions raised by the travel restrictions put in place last week. However there remains a lot of uncertainty and confusion as airline and border services personnel are interpreting the various announcements differently. We strongly recommend that anyone (including Canadian citizens and permanent residents) seeking to enter or exit Canada speak with an immigration lawyer before doing so. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca, guberman@cilf.ca, appleby@cilf.ca, cowling@cilf.ca, bonisteel@cilf.ca, tsoi@cilf.ca, ali@cilf.ca, green@cilf.ca 

Here is a summary of the developments that occurred over the weekend:

  1. Canada has announced that the following classes of individuals will be allowed to enter Canada by land or air, subject to a 14-day self-imposed quarantine period. However, these individuals should not travel to Canada until the effective date has been announced which should occur early this week.
    1. All temporary foreign workers, regardless of field of work or category of work permit.
    2. International students holding a valid study permit or those who had been approved for a study permit before March 18.
    3. Individuals who have been approved for permanent residence before the travel restrictions were announced on March 16.
  2. The definition of “immediate family member of a Canadian citizen or permanent resident” in the context of the travel restrictions has been clarified. It is broader than the definition in the Immigration and Refugee Protection Act, which is limited to spouses, common-law partners, their dependent children and any dependent children of their dependent children. The following individuals are also considered immediate family members:
    • Parents, step-parents, guardians and legal tutors of a Canadian citizen or permanent resident
    • Parents and step-parents of the spouse or common-law partner of a Canadian citizen or permanent resident
      • Individuals will be expected to provide evidence of their relationship. Before traveling, we strongly recommend that you reach out to your CILF lawyer for advice on the documents and information with which you should travel.
  3. Flagpoling to obtain a new work permit or land as a permanent resident remains prohibited. Please contact our office if you need to vary or extend a work permit. It also remains unclear whether ports of entry are accepting applications for new work permits from visa-exempt foreign nationals. We expect additional guidance on these points later this week.
  4. Certain provinces, such as Nova Scotia, have begun limiting travel in and out of the province (both at land borders and at airports). We expect others to follow suit. Domestic travel will likely become further complicated in the coming weeks.
  5. Canada is arranging certain repatriation flights for Canadians stranded abroad. However no formal repatriation program has been announced and the government has conceded that it may not be able to bring everyone home.
  6. Certain provincial health insurance plans have announced variations to eligibility requirements in light of the pandemic. Ontario’s OHIP will waive the 90-day waiting period for returning and new residents of Ontario. BC’s MSP is allowing foreign workers who are on implied status to request coverage (it does not appear to be automatic).
Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.

Immigration Update: Covid-19 Impacts (March 20, 2020 at 3:30pm. EDT)

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Here are the latest Canadian immigration updates from the last 24 hours:

  1. The Canada-U.S. land border closure announced earlier this week is expected to take effect at 11:59 p.m. EDT and will remain in effect for 30 days. All non-essential travel will be restricted. “Non-essential” is defined to mean travel for tourism or recreational purposes. Trade and commerce will continue. Work permit holders may need to demonstrate that their work is “essential”. We recommend that individuals needing to enter Canada for business/work reach out to our office so we can prepare a submission for their entry.
  2. Ontario has announced that the validity of expired/expiring driver’s licences, Ontario photo cards, licence plate validation and health cards will be automatically extended until further notice. This automatic extension is already in effect and individuals can continue using expired cards. Additionally, the Government of Ontario has announced plans to waive the 90 day waiting period for OHIP eligibility applicable to those were former residents and are re-establishing residency in Ontario. Regulatory approval is required to waive the 90-day waiting period and we expect additional details in the next few days.
  3. As all Service Canada locations are closed until further notice, applications for a Social Insurance Number must be done by mail. In anticipation of significantly increased demand, ESDC has asked applicants to only submit an application for a SIN by mail if it is urgent. Urgent has not been defined but applicants must indicate the urgency in the application.
  4. Given how quickly the travel restrictions have been announced and rolled out, it is not surprising that we have seen an inconsistent application and enforcement of the restrictions by different officers at different ports of entry. We strongly recommend that anyone (including Canadian citizens and permanent residents) looking to leave or return to Canada contact an immigration lawyer for advice before doing so.
  5. IRCC’s in-Canada services requiring in-person attendance have largely been suspended. Landings have been suspended until April 13. If your permanent resident visa is expiring before then, please reach out to an immigration lawyer for assistance. Generally speaking, a permanent resident visa cannot be extended after it has been issued. It is unclear what impact, if any, the outbreak will have on processing times for applications filed online (Express Entry, online extensions, etc.). Given the increased reliance on online applications, we suspect that processing times will increase.

Immigration Update: Covid-19 Impacts (March 19, 2020 at 11:00 a.m. EDT)

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During this unusual time, CILF – Caruso Guberman Appleby, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available.

Our firm is well positioned to continue focus on your immigration needs. In particular, review your temporary foreign worker employee files to ensure that those who require new work permits file extensions in a timely manner.

We continue to press for more certainty regarding the details of the measures taken by the Canadian government to restrict travel to Canada. Here are the latest updates:

  1. The Minister of Public Safety Bill Blair announced yesterday at a press conference that foreign nationals with valid temporary resident status (work permit or study permit)  will be able to enter Canada, however, they remain subject to travel restrictions announced Monday, that came into effect at noon EST yesterday, March 18, 2020. This means they must either be an immediate family member (spouse, common-law partner or dependent child under 22) of a Canadian citizen or permanent resident or have been resident in the U.S. for the last 14 days. If any of your employees on a work permit are currently outside Canada and unable to return, please reach out to our office to discuss next steps. He also announced that foreign workers providing essential services will be allowed entry, however, no details regarding the definition of essential services are available yet.
  2. IRCC has sent a communication to stakeholders confirming that flagpoling (going to the Canada-U.S. land border to make an immigration application or land as a permanent resident) will not be permitted until further notice. Individuals should apply for extensions online. Note, however, that the processing time for online extensions is 3-4 months.
  3. The IRCC Call Centre is unavailable until further notice. We encourage all foreign nationals with questions regarding their immigration status or ability to travel in and out of Canada to reach out to their immigration lawyer at CILF.
  4. All individuals with a biometrics instruction letter now automatically have 90 days from the date of the letter, instead of 30, to complete the biometrics requirement. Applications can be refused if the applicant does not provide biometrics before the deadline.
  5. Transport Canada’s air travel restriction (see yesterday’s update) went into effect yesterday at 12:00 p.m. EDT and it appears that airlines are fully enforcing it. Foreign nationals who are unable to demonstrate that they are not excluded by the restriction risk being denied boarding or even deplaned before takeoff. We strongly recommend that foreign nationals travel with clear documentation establishing their eligibility (for example, a marriage certificate and copy of spouse’s Canadian passport to establish that they are indeed an immediate family member of a Canadian citizen).
  6. Air Canada has announced a dramatic reduction in its flight network until further notice. Given the reduced volume of flights, many travellers will encounter difficulties with booking. All global travel has become significantly more difficult.
  7. CBSA is reminding everyone entering the country to notify a CBSA officer if they have any symptoms including cough, difficulty breathing or an indication of a fever. This is vital to protecting the public health and to the global fight against COVID-19.
  8. The U.S. Embassy and Consulates in Canada have suspended all routine non-immigrant visa appointments until further notice.
  9. Certain countries have already announced repatriation efforts for their citizens who are currently abroad. Canada has not yet announced such an initiative.
Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.

Immigration Update: Covid-19 Impacts (March 18, 2020 at 10:00 a.m. EDT)

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Information with respect to all aspects of immigration and travel are evolving moment by moment and is subject to change at anytime. We will continue to keep you informed.

We have three important updates to share regarding the impact of COVID-19 on Canadian immigration:
  1. The details of a joint agreement between Canada and the U.S resulting in the restriction of all non-essential travel between the two countries should be announced within the hour. We are monitoring the situation closely and will share an update as soon as it is available. In the meantime we do not recommend that foreign nationals who are caught by the boarding restriction going into effect at noon today to attempt to enter Canada through the U.S. We are still waiting for clarification from the Government of Canada as to whether foreign nationals holding valid work or study permits will be allowed to enter the country.
  2. New Labour Market Impact Assessments will be valid for nine months instead of six. Individuals holding LMIAs valid for six months who need more time to submit a work permit application may be given an extension depending on their circumstances.
  3. Foreign workers who have made EI contributions may be eligible for EI. See https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/before-applying.html for eligibility requirements. Employers who layoff foreign workers should seek legal counsel regarding immigration compliance and disclosure requirements.

A lot of these changes will have an impact on temporary and permanent residence applications (e.g., providing biometrics and obtaining language tests, medical exams, and educational assessments). WES has announced the closure of its offices until further notice. The government will be suspending removals for the next three weeks. Accumulating Canadian work experience may be a challenge for those who have been temporarily laid off. Work permit/visitor record extensions and even applications for restoration of status may be necessary.

Please do not hesitate to reach out to one of our lawyers for guidance in this fast-changing environment.

Immigration Update: Covid-19 Impacts (March 17, 2020 at 10:30 a.m. EDT)

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Information with respect to all aspects of immigration and travel are evolving moment by moment and is subject to change at anytime. We will continue to keep you informed.

The Government of Canada has clarified the terms of its air travel restriction which will go into effect at 12:00 p.m. EDT tomorrow, March 18, 2020. Here are some key takeaways:
  • It only applies to travel by air. Surface traffic and marine shipping are exempt.
  • U.S. citizens are not automatically allowed to board flights to Canada, contrary to what Trudeau announced during his speech yesterday afternoon. American citizens that have not been in the US for the last 14 days will not be covered by the exemption.
  • Airlines will be instructed to deny boarding to anyone who has been outside Canada or the U.S. in the last 14 days UNLESS the individual is a Canadian citizen, permanent resident, or in transit to a third country.
  • The measure comes into force at 12:00 p.m. EDT on March 18. It applies to denial of boarding, and not denial of entry into Canada. Therefore it appears that foreign nationals who are caught by the restriction could still be admitted into Canada should their flight arrive after 12:00 p.m. EDT tomorrow.

It is still unclear whether temporary residents with a valid work or study permit and the family members of Canadian citizens and permanent residents will be allowed entry if they have been in a country other than the U.S. in the last 14 days.

For full details, please refer to: https://www.canada.ca/en/transport-canada/news/2020/03/new-measures-for-covid-19-response.html

We expect things to continue to evolve rapidly and are monitoring the situation closely. It is unknown as to  how well-versed the airlines will be in applying the terms of the restriction to individual cases and cannot guarantee that foreign nationals who appear to be eligible to travel to Canada will be allowed to board the plane.

We encourage you to get in touch with one of our lawyers directly to discuss any specific situation.

Immigration Update: Covid-19

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During this unusual time, CILF – Caruso Guberman Appleby, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available.

Our firm is well positioned to continue focus on your immigration needs. In particular, review your temporary foreign worker employee files to ensure that those who require new work permits file extensions in a timely manner.

Today’s important information:

  1. Effective Wednesday, March 18, the Canadian border will be closed but for the following exceptions: CANADIAN CITIZENS, PERMANENT RESIDENTS OF CANADA, US CITIZENS, AIR CREWS, DIPLOMATS and FAMILY MEMBERS OF CANADIAN CITIZENS.
  2. All international flights will be directed to either Toronto, Montreal, Calgary or Vancouver.
  3. Domestic flights, Mexican, US and Caribbean flights are not part of the international flight restriction.
  4. Anyone who has symptoms will be prevented from boarding planes to Canada.
  5. Self isolation is required for all individuals returning to Canada from anywhere.
  6. Canadian citizenship ceremonies temporarily on hold.
  7. Immigration Refugee and Citizenship Canada continues to accept applications for both temporary and permanent residence.
  8. The border restrictions do not apply to commerce and trade.
  9. At this point, we recommend any foreign workers currently in Canada not leave because we do not have any confirmation on their ability to return.

Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.

Federal Court of Canada makes it clear that policy cannot trump law (or common sense!)

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At long last – some relief for employers seeking the widely-dreaded and feared Labour Market Impact Assessment (LMIA)!

In Marcom Resources Ltd. v. Canada (Employment, Workforce Development and Labour), 2020 FC 182, Associate Chief Justice Gagné reiterates that officers must consider all the information provided by the applicant, and provide a rationale whenever submitted evidence is set aside, if such evidence would impact the outcome of the application. She also concluded that the officer fettered her discretion by relying too narrowly on policies without considering relevant information provided in the application. The full text of the decision is available here: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/460806/index.do.

This decision sends a clear message to LMIA officers that they are to adopt a holistic approach when reviewing applications, and that the LMIA program requirements are policy, not law. In the event an employer has not complied with a program requirement, the officer must step back and consider the bigger picture. Given all the evidence submitted, has the employer made reasonable efforts to hire Canadians and demonstrate that there is a labour shortage? Employers and their lawyers now have an additional tool in their belt when going through the lengthy, complicated (and at times, contentious) LMIA application process.

A special mention to Jacqueline Bonisteel, Douglas Tsoi and Barbara Jo Caruso for their work on this litigation before the Federal Court.

CILF is Hiring

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Corporate Immigration Law Firm, a busy, boutique immigration law practice is currently seeking candidates for the following positions available in our Toronto office.

 

Associate Lawyer or Registered Consultant

Qualifications:

  • Minimum 2 years of Canadian immigration law experience
  • An excellent understanding of all permanent and temporary immigration categories including PNP programs
  • Member in good standing of the Law Society of Ontario
  • A Registered Immigration Consultant with significant experience in a law firm may be considered

Duties:

  • Taking instruction from senior lawyer(s)
  • Management of multiple files and dealing with competing timelines
  • Working on files from start to finish
  • Dealing directly with client in writing and by phone clearly, concisely and in a timely manner
  • Complete tasks in a busy environment under time constraints
  • Assessing legal issues and providing appropriate legal advice
  • Drafting and reviewing submissions
  • Handling consultation queries and calls with clients
  • Staying current with immigration changes and developments
  • Legal research

 

Law Clerk

Corporate Immigration Law Firm is seeking an immigration law clerk for its Toronto office. Our boutique law firm provides a highly collegial and positive working environment with opportunity to collaborate with colleagues and work on a variety of different types of cases.

Qualifications:

  • 3 years of Canadian immigration experience
  • Extensive experience with Express Entry and OINP Cases
  • Law Clerk Diploma or university degree
  • Knowledge of government portals and online submissions
  • An understanding of both permanent and temporary immigration categories
  • Multi-lingual abilities, including Spanish, an asset

Duties:

  • Draft forms, prepare documents and submissions independently at the instruction of a lawyer
  • File applications via government portal (Express Entry, Employer Compliance, Inquiry)
  • Management of multiple files from beginning to end
  • Dealing directly with client in writing and by phone clearly, concisely and in a timely manner
  • Organize and maintain file list
  • Diarize deadlines
  • Along with lawyer, prioritize work load
  • Complete tasks in a busy environment under time constraints

 

To apply online please click the links above, or send your resume and cover letter to: careers@cilf.ca.

Who’s Who Legal: Canada 2019 – Three (3) CILF Lawyers Nominated

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Corporate Immigration Law Firm is pleased to announce that, once again, three (3) of its lawyers have been recognized in the “Corporate Immigration” law chapter in Who’s Who Legal: Canada 2019.  Barbara Jo Caruso, Joel Guberman and Lainie Appleby are all noted for “…excellence in corporate immigration matters”.

Barbara Jo Caruso, Founder, Corporate Immigration Law Firm warrants special mention as she was included among only six (6) corporate immigration lawyers across Canada as being “MOST HIGHLY REGARDED.” As well, the publication notes Barbara Jo’s “..extensive experience in corporate immigration…in complex matters”.  Likewise, Who’s Who Legal: Canada 2019 acknowledges Joel Guberman as “…a long-standing figure in corporate immigration…” with experience acting for executives and companies in a range of immigration matters. Finally, Lainie Appleby receives recognition on account of her “…diverse immigration practice…acting for a variety of clients in high-stakes immigration issues…”.

Who’s Who Legal: Canada 2019 nominations are based on peer selection as being among the world’s leading practitioners in a given field.

Corporate Immigration Law Firm is experienced in advising employers and foreign nationals on immigration issues. This year we were once again named one of Canada’s top 10 boutique immigration firms by Canadian Lawyer Magazine. Contact one of our immigration lawyers today for assistance.