EXEO Attorneys | Immigration U.S. & Canada – July 2022

This month’s newsletter provides an overview of recent changes in Canadian and American immigration.

Here are the most recent news since the beginning of the pandemic and travel restrictions as of July 27, 2022.

Applying for a work permit with the A75 exemption code as the holder of a CSQ

Please note that it is no longer possible to submit a work permit application with the exemption code A75 as the holder of a Quebec Selection Certificate (Certificat de sélection du Québec) (CSQ) at a port of entry. As a matter of fact, recent regulatory modifications lead to new requirements:

• Foreign nationals who legally came as temporary residents and that are currently in Canada or eligible to apply for restoration of their temporary resident status. From now on, it is forbidden to submit an A75 work permit application at a port of entry. Indeed, to be eligible, the applicants must be physically in Canada at the time of their application and;
• Hold a CSQ under the Quebec skilled worker class; the CSQ must indicate one of the following codes under section 9, “Catégorie”
  • Travailleurs qualifiés
  • IQ- Travailleurs qualifiés
  • IP- Travailleurs
  • IT- Travailleurs qualifiés
  • IZ- PEQ Travailleurs
  • IY- PEQ Étudiants
  • I6- Travailleurs Art. 40
  • IU- Préposé aux bénéficiaires- Volet travailleur étranger
  • IR- Préposé aux bénéficiaires – Volet diplômé du QC
  • IX- Travailleur- Transformation alimentaire
  • IV- Intelligence artificielle- Volet travailleur étranger
  • IW- Intelligence artificielle- Volet diplômé du QC
  • IS- Travailleur- TI- Effets visuels

IRCC also mentioned that the National Occupational Classification (NOC) system to classify jobs indicated on the CSQ should be the same used for the temporary job offer, which is highly problematic for the CSQ holder without NOC code or the ones that had a job offer or a promotion different than the code given on their CSQ.

Labor shortage, increasing immigration rates

Quebec’s labor shortage is unprecedented. A recent report from the Ministère du Travail, de l’Emploi et de la Solidarité sociale reveals that more than 50% of the industry will be affected by the situation by 2025. Numerous firm owners regret the situation and ask the government to take action. More specifically, they ask the government to increase the immigration rates and facilitate the foreign workers’ recruitment process.

Waiting up to 5 months to visit Canada

To come to Canada, a visitor visa is mandatory for nationals of 147 countries. Nevertheless, the federal government is currently facing major delays in the visa applications processes.  Visa applications submitted from a number of countries can take up to 5 months to be processed and some others take as long as 12 months to come as a worker in Canada. Moreover, some visitor visa applications submitted during the pandemic seem to have been abandoned by the immigration services which recommend submitting a new application under certain conditions.

Moreover, Quebec faces a similar issue concerning the delays in the immigration application processes. The situation especially affects applications for the Certificat de selection du Québec (CSQ) based on humanitarian considerations, which is for example required to get access to the Assurance maladie du Québec. In addition, visitor visa applications submitted during the pandemic appear to have been abandoned by immigration authorities, who require that a new application be submitted under certain conditions.

The government of Canada is re-establishing random testing for air travelers

As of July 26, 2022, travelers who qualify as fully vaccinated, arriving in Canada at the four main Canadian airports (Montreal, Toronto, Vancouver or Calgary) may be selected for mandatory random testing. To qualify as a fully vaccinated traveler, travelers must have received the COVID-19 vaccination series at least 14 days before entering Canada. However, unless exempt, unvaccinated travelers must still quarantine for 14 days and test on Day 1 and Day 8.

Compliments of EXEO Attorneys – a member of the EACCNY.