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Types of LMIA and how it works

Let’s talk about LMIA today and how it works, what is an LMIA, and what LMIA contributes towards the implied status of a foreign worker.

So LMIA a label market impact assessment, it is an application that Canadian employer makes to service Canada to hire temporary foreign workers.

I would like to clarify that a candidate or foreign worker who wants to work in Canada cannot submit an LMIA application on its own.

It is submitted by Canadian employer only and Canadian employer has the right to put Candidate’s name or Canadian employer can apply it as unnamed add the candidate’s name again, Canadian employer can also change the name after an LMIA application is approved on the name of a particular candidate.

There are three types of LMIA’s

LMIA (A) for a work permit, LMIA (A) to support the permanent residency of foreign workers in Canada and dual intent LMIA which serves both, it’s about permanent residency of a foreign worker in Canada and it also helps to a foreign worker to get the work permit.

So, to apply all three types of LMIA, it is not required that candidate or foreign worker must be in Canada already, however it is more feasible and more easier for employer to get approved if the foreigner worker is already employed with employer on a previous LMIA based work permit or an open work permit.

Now let’s talk about LMIA and implied status. Candidate gets confused that if they have an LMIA application in process and their current work permit is about to expire they were automatically going on employed status in Canada.

That is not correct LMIA application goes to service Canada and in order to be on implied status in Canada a candidate must submit work permit application or study permit application 
Or visitor application some kind of application to immigration refugees and citizenship Canada.
So, in this particular case if your employer has submitted an LMIA application and your current work permit is about to expire you will not automatically go on implied status until or unless you submit 

Your work permit application to immigration refugees and citizenship Canada.
If you do not submit a work permit application before the expiry of current work permit then you must stop working and find out the ways to keep your legal stay in Canada.

Thank you so much for watching and good luck with your process.

56000 Study permits have been approved in first stage

The immigration minister Marco Mendicino has revealed that 56,000 applications for study permit has been approved by Canada.

The honourable minister went further to reveal that the federal government through Health Canada will continue to work with various educational institutions to figure out the best ways to physically receive international students amidst the COVID-19 pandemic.

The honourable minister went further to state that the Minister Patty Hadju is working round the clock to ensure that educational institutions play their part in abiding by the health regulations within their location to ensure that the safety and health of both Canadian and International students are considered.

These educational institutions have not been fully operational since the COVID-19 pandemic and international students have not been able to come to Canada due to the government’s restriction on international travels. However, most of these institutions have expressed the willingness and preparedness to receive international students.

This has prompted the Health Canada to startup talks with these educational institutions to arrive at a consensus regarding the way they can abide by the social distancing rules and 14 days quarantine period for the international students arriving at the campus.

International students can now start their studies online while waiting for a response to their application for study permit. The minister stated that international students will still be eligible for the Post-Graduation Work Permit despite the online studies. The Immigration, Refugees and Citizenship Canada (IRCC) have already given stage one approval for study permits to 56,000 international students after they met the required standard. The stage two approval will come after the students return to Canada and pass the necessary medical, security and financial checks.

The honourable minister made this known during a webinar that was hosted by the Canadian International Council, a non-government al organization aimed at looking into matters involving foreigners in Canada.

Biometrics collection in Canada for Permanent Residence Applications

Service Canada Centers progressively restart biometrics collection services for individuals applying for permanent residence who have received a biometric instruction letter (BIL).  Officials of Service Canada will call you to arrange your biometric appointments at the telephone number provided in the PR application. There is no extra charge to pay, and a new BIL is not required. Don't visit a Service Canada Centre, unless you are called and appointed by the Service Canada Officer. If you miss your scheduled appointment for any reason or because of COVID-19 symptoms, a Service Canada officer will call you again to schedule a new appointment.

The Service Canada officers will confirm your IRCC application number and preferred time and location for the nearest Service Canada Center.  Please carry your BIL and passport for the appointment. If your contact details are recently changed then please update it through our web form. If the telephone number on file is your representative’s, they will be contacted to check with you about your availability and preferred location. We’ll then call them a second time to schedule your appointment through them.

Pathway to permanent residency for Asylum seekers for their outstanding heroism

The Minister of Immigration, Refugees and Citizenship, Honourable Marco E.L. Mendicino has commended the health workers for their contributions towards battling the COVID-19 pandemic while emphasising the pivotal role they play in the ensuring that Canadians are healthy. The Honourable Minister went further to announce a measure introduced to help all asylum seekers who have been at the front line of the battle against the COVID-19 pandemic to easily apply for permanent residency in Canada.

This new measure is targeted to ensure that all asylum seekers who have been helping the Canadian health system by rendering the best of health care voluntarily can now apply for a permanent residence provided that they have met the requirements. Quebec will decide those that are suitable to be granted this opportunity. The basic deciding factor for eligibility will be centred on the degree of severity an asylum seeker has relied on for seeking asylum in line with his or her ability to still render such health care despite the ugly situation the asylum seeker faces.

The asylum seekers have to meet the following requirements –

Must have applied for asylum before March 13, 2020

Must have been legally and successfully issued a work permit after the claim for asylum

Must have carried out voluntary health care services in the health industry via various institutions such as hospitals, assisted living environments, care centre homes and any other related health industry

Must have acquired sufficient knowledge and experience in the job for a period of 6 months which has to be met before August 31, 2020

If such a person intends to reside in Quebec, he or she must have a Certificat de sélection du Québec (CSQ)

Must satisfy any other relevant requirement in line with the law.

Government comes to the rescue of immigrants experiencing financial hardship

The Canadian government has introduced different measures aimed at alleviating the hardship that has been caused to Canadian citizens including immigrants as a result of the global pandemic.

The introduction of the Canada Emergency Response Benefit (CERB) earlier in March by the Canadian government was aimed at providing temporary income support worth $2,000 monthly to people who have been impacted by the current global pandemic.  The program will cease at the end of September thereby bringing the total number of duration the benefits lasted to a total of 28 weeks.

Just like Canadian citizens, immigrants including international students as well as temporary foreign workers must meet the same requirements to enjoy this benefit as well as other government emergency benefits. All those that are eligible for Employment Insurance (EI) can apply for this program. However, with the end of the program in view, the government has proposed three new programs for those who may continue to face hardship due to the COVID-19 pandemic and this will likely start by September 27.

The first program is the new Canada Recovery Benefit (CRB) which is aimed at primarily supporting all those who do not qualify for an EI and are searching for jobs with little or no financial support. This program will give out $400 per week for a total of 26 weeks

The Canada Recovery Caregiving Benefit (CRCB) is another program proposed by the Canadian government which seeks to financially support all individuals who cannot continue work as a result of caregiving responsibility they have to carry out as a result of the COVID-19 pandemic. These individuals must prove that they are taking care of a child whose school has closed as a result of the pandemic or they are looking after a family member with a disability whose care home is closed due to the pandemic or they are taking care of a child or aged loved one who has been advised by a medical professional to stay at home due to a higher risk of exposure and negative effect of the virus on the health of such person. The CRCB will give out $500 per week on a family basis for a duration of 26 weeks.

The last program is the Canada Recovery Sickness Benefit (CRSB) and it is intended to support all health workers who fall ill or needs to self – isolate as a result of the risk of exposure to COVID-19. The worker will be paid $500 per week for a duration of two weeks.

International students as well as other new immigrants were allowed to freely access the CERB without restrictions imposed by show of valid work or study permit or a confirmation email. This move which was introduced by the government in May was geared towards ensuring that international students and new immigrants were given a warm rather than hostile welcome into Canada.

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Mental health support services for Immigrants

The Canadian Mental Health Association, York Region & South Simcoe (CMHA-YRSS) has introduced an initiative known as the Newcomer Health and Wellness Program (NHWP) which is targeted at providing adequate and sophisticated mental health services for new immigrants above the age of 12 who are moving into Canada.

The CMHA-YRSS is a national non-profit organization which operates within York Region in the Greater Toronto Area. About $2.2 million has been channeled into this program by the Immigration, Refugees and Citizenship Canada (IRCC). The CMHA-YRSS argued that the immigrants have a positive health attitude upon arrival but due to cultural differences and the exposure to a totally new and different system, these immigrants obviously break down mentally.

The NHWP was launched in August 2020 can boast of a wide range of mental health services including but not limited to trauma analysis and management, psychotherapy and counselling including family, marriage and individual counselling, promotional training activities centred on improving mental and physical health as well as other related mental health services.

The NHWP bears in mind the uniqueness and cultural diversity of each immigrant and therefore provides mental health services based on the individual background of the immigrants.

The IRCC has provided the CMHA-YRSS with up to three years funding and there is also a possibility of providing an additional two years funding. Thus, the capacity of the community will be developed in line with this project to ensure that adequate support is provided to the immigrants.

New Definition of Parent for Canadian Citizenship

The Canadian governments definition of the parent has changed to allow certain parents to pass on their Canadian citizenship to their children who were born outside Canada. People who will benefit from this decision include children of LGBTQ2 + couples as well as couples with fertility issues. This move is towards the development of modern diversified families in Canada.

Until that amendment, children born to Canadians outside Canada automatically earned citizenship only if there was a biological link between the parent and the child or the parent gave birth to the child. However as per new rules, the non-biological parents can pass on their Canadian citizenship to children born outside Canada if they are the child's legal parent at birth, they will be considered 'valid' parents if their name appears on the child's original birth certificate or other applicable birth documents (surrogacy arrangements, court orders, hospital records, among others). Minors, individuals under 18 years of age in Canada, can also request an application for proof of citizenship on their own behalf.

Visitors can now apply for work permits from within Canada

Visitors who are currently in Canada and have a valid job offer will be able to apply for an employer-specific work permit and, if approved, receive the permit without having to leave the country.

This temporary policy change takes effect immediately and will benefit employers in Canada who continue to face difficulties finding the workers they need, as well as temporary residents.

To be eligible, an applicant looking to benefit from this temporary public policy must

have valid status in Canada as a visitor on August 24, 2020 and remain in Canada

have a job offer

submit an application for an employer-specific work permit that is supported by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment, no later than March 31, 2021

meet all other standard admissibility criteria

This temporary public policy also provides the opportunity for applicants who meet these criteria and who had a valid work permit in the past 12 months to begin working for their new employer before their work permit application has been fully approved.

Any type of visitor who meets the criteria is eligible to apply under this new public policy, including super visa holders, business visitors and those who entered Canada through a Global Skills Strategy work permit exemption. 

Foreign nationals who arrive in Canada as visitors after August 24, 2020, are not eligible under the public policy.

Prior to this temporary policy change, a person applying as a temporary resident would usually need to apply for their initial work permit before they came to Canada. If they were already in Canada with visitor status when they were approved for a work permit, they would need to leave Canada and return before their work permit was issued to them.    

Applicants who meet all these criteria, and who had a valid work permit in the past 12 months, will be able to begin working for their new employer before their work permit has been fully approved.

British Columbia issues 302 invitations in PNP draw

British Columbia invited 302 immigration candidates to apply for a provincial nomination for Canadian permanent residence.

Invitations for the draw were issued to the candidates enlisted in the International Graduates and Skilled Workers categories of the British Columbia Provincial Nominee Program (BC PNP)’s Express Entry BC (EEBC) and Skills Immigration (SI) streams. Applicants in the Skills Immigration: Entry-level and Semi-gifted Workers class were additionally welcomed under this program.

The candidates having a profile in the federal Express Entry system can apply for British Columbia Provincial Nominee Program (BC PNP) Express Entry category. The applicant’s pool is managed by the federal system which consists of Canada’s three key economic immigration programs which are Federal Skilled Trades Class, Federal Skilled Worker Class and Canadian Experience Class.

The SI category consists of skilled workers and semi-skilled workers whose professions are in high demand in the province of B.C.

The base score requirements in the present draw went in the range of 76 and 98 for the five Express Entry BC (EEBC) and SI classes that were included.

The minimum scores were distributed as follows:

SI – Skilled Worker: 96
SI – International Graduate: 98
SI – Entry Level and Semi-Skilled: 76
EEBC – Skilled Worker: 96
EEBC – International Graduate: 98
In order to receive an invitation through the EEBC candidates must be registered under both the federal Express Entry system and B.C.’s Skills Immigration Registration System (SIRS).

Express Entry is the federal government’s application management system. Express Entry candidates are given points based on human capital factors such as age, work experience, education, and language proficiency in English or French.

The applicant applying under Express Entry with a provincial nominee gets an extra 600 points toward their Comprehensive Ranking System (CRS) score.

Tech Pilot applicants are absolved from the permanent, full-time employment offer constraint that applies to most immigration programs under the British Columbia Provincial Nominee Program (BC PNP). Nonetheless, they should show a job offer for employment that is of one year in term and has in at least 120 schedule days remaining at the time they apply for a provincial nomination for Canada PR.

British Columbia recently announced that the Tech Pilot will be extended till June 2021.

PGWP rules for online studies outside Canada

The Post Graduate Work Permit provides an equal opportunity for both international student graduates and the Canadian government. While international graduates are eligible up to three years after the end of their studies, the Government of Canada, on the other hand, has an abundance of skilled workers to boost their economic objectives.

The Immigration Department of Canada has made significant changes to the eligibility rules for the PGWP, taking into consideration the challenges that international students face while hoping to fulfill their studies during the coronavirus pandemic. Initially Canada initially relaxed the PGWP requirements to include online study as part of the eligibility criteria, it only counted after international students who were approved for their study permit. As per the new updates by the Canada Immigration-

The time international students put into their courses before getting their study permit counts as long as their program starts in 2020.  

At least half of their program must be completed in Canada from an eligible designated learning institution.

B.C. issues 52 invitations in new Tech Pilot draw

British Columbia invited 52 immigration candidates with a job offer in the province’s technology sector to apply for a provincial nomination for permanent residence.

BC PNP Tech Pilot draw was held which issued invitations to applicant under the Skills immigration categories and Express Entry BC.

A minimum provincial score of 80 was required by the selected applicants who belonged to the International Graduate subcategories and Skilled Worker categories.

Since mid-June, today’s draw witnessed the minimum score at 80 points which has been the case for Tech Pilot draws.

The British Columbia Provincial Nominee Program (BC PNP) Tech Pilot is recognised as a fast-track immigration pathway for international students and in-demand tech workers.

The pilot venture was propelled in 2017 and has been expanded a few times, most as of late until June 2021. So as to be viewed as qualified for under the Tech Pilot, applicants should be enlisted on one of the British Columbia's existing provincial immigration streams and have a legitimate bid for employment of at minimum for a year in one of the Tech Pilot's 29 qualified occupation.

To apply for the Express Entry BC or Skills Immigration categoriesapplicants should initially make a profile through the BC PNP's online entryway and should enrol under the skills immigration Registration System (SIRS).

Applications are assessed and given a score dependent on components, for example, education
level, work experience, proficiency in English and area of business.

British Columbia holds tech-only draws on weekly basis to welcome the highest scoring technology division workers to apply for a provincial nomination. The individuals who are welcomed then have 30 days to present their total online application. On the off chance that a candidate is approved, they would then be able to utilize their provincial nomination to apply for Canada PR with IRCC under the Provincial Nominee Class.

Express Entry applicants who get a nomination from British Columbia will be given an extra 600
points towards their Express Entry CRS score and are successfully ensured an Invitation to Apply (ITA) in future government Express Entry draw.

B.C. invites 437 immigration candidates in new PNP draw

BC issued ITA (Invitations to Apply) under the provincial nomination program for Canada PR to Express Entry BC and Skills Immigration applicants.

Comprising International Graduates, Skilled Worker, and Semi-Skilled Worker and Entry Level categories of BC PNP a total of 437 invitations were issued.

The lowest score for this draw was conditional depending on the subcategory and points ranged between 76 and 98.

The two categories involved in this draw under the Express Entry BC stream along with their scores are mentioned below –

·         Skilled worker requiring a provincial score of 97

·         International Graduate requiring a provincial score of 98

Express Entry BC categories are open to applicants who are looking for Canada immigration having a profile in the Federal Express Entry system. It manages the Candidate’s pool for Canada’s three federal skilled immigration programs which are Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class.

The candidates who apply for Express Entry and gain a Canada PR under provincial nominee mark an additional 600 points in the CRS score and are effectively guaranteed to receive an ITA (Invitations to Apply) for Canada PR in the federal Express Entry draw.

Skills Immigration stream comprises of three subcategories and the scores for each are as mentioned below –

·         Skilled Worker requiring a provincial score of 97

·         International Graduate requiring a provincial score of 98

·         Semi-skilled and Entry Level requiring a provincial score of 76

The invited candidate must have a full-time employment offer from a BC-based employer.

Changes to BC PNP Fees

Effective August 6, 2020, the BC Provincial Nominee Program (BC PNP) has increased the fees for Skills Immigration (SI) applications and requests for review submissions.

The new fee for the Skills Immigration application is $1,150 (increased from $700), and the new fee for a request for review is $500 (from $200)

The BC PNP fees are comparable to immigration programs in other provinces. For example, Ontario charges an application fee of $2,000 in the Greater Toronto Area and $1,500 in the rest of the province.

IRCC update on Student Visa

Extension for restoration period for in Canada temporary residents.

IRCC has started processing student visa applications again.


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IRCC & PNPs Still accepting applications

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