Canadian Immigration & the effects of COVID-19Where are we now?Where will we be in the short term?Where will we be in the long run?

April 23, 2020

Information contained herein is for informational purposes and does not constitute legal advice. Due to the rapid nature of changes to Canadian Immigration as a result of the COVID-19 pandemic, information is only current to the above date.

COVID-19

Canadian Immigration

Themes

• Existing applications will take longer to process.• New applications temporarily paused.• Longer timelines across all delivery streams.• Strict border controls and travel restrictions.• Protection of food security and supply chain.• Greater concern for domestic labour market going

forward.• Challenges for temporary residents already here in

Canada and reactions by Provincial and Federal Government to address same.

• Greater interest in Canada as a “safe destination”?

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Where are we now?

• Visa Offices and Visa Application Centres effectively closed.– Visa officers working through existing inventory but doing so from home.– Can still file applications online for overseas processing but no movement on

new cases.• Biometrics Collection Centres and Panel Physicians - Almost all closed.• “Border Closure” – Extremely limited travel to Canada for foreign nationals. No

tourist travel to Canada. Exemptions include:– Canadian Citizens and PR’s and their immediate family members.– FN’s with work permits or work permit approvals issued prior to March 18, 2020

or Study Permits of Study Permit approvals issued prior to March 16, 2020.– Essential service providers? “Optional & discretionary” test – IRCC; “essential

service” test – CBSA often. An area of considerable confusion.• Strict quarantine requirements for all arrivals. Essential Service designation may

waive quarantine requirements.

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Where will we we 2-4 months from now?

• Slow opening of Visa Offices and Visa Application Centres with a return to services in an incremental fashion.– Rush to file applications will result in a significant backlog.

• Biometrics Collection Centres and Panel Physicians will open but lead times to obtain appointments for these services will be significant.

• Applications across all processing streams (temporary and permanent) will likely be subject to further delays if local official documents are required.

• Federal government may tweak existing programs to fast track applicants in particular industries and disqualify others. Provincial governments may do the same within their existing Provincial Nominee Program frameworks.

• “Border Controls” – There could continue to be medical screening for the foreseeable future.

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Post COVID-19 Canadian Immigration? **• Lingering unemployment will re-focus the attention on protecting the domestic

labour market.– Labour Market Impact Assessments will become challenging to obtain.– Companies seeking to engage foreign workers will need to be alive to

international treaties and other sources of LMIA-exempt work permits.– Once foreign nationals are here, it will be advantageous to transition the FNs to

PR status.• Permanent immigration to Canada will be more difficult.– Our permanent residence application intake management seeks to only invite

the most “valuable” to apply. Increased interest in Canada as a safe haven will inflate the requirements to successfully apply to remain here permanently.

• Potential to remove countries from our Visa free travel to Canada list:– Doing so would place more of an emphasis on screening of travellers before the

board flights to Canada and requiring Immigration medical examinations.** This discussion is to provide an example of what may be coming. There is no way to know with certainty what changes may come & when.

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What steps can you take now?

• Undertake an internal audit of your temporary foreign workers.

• Transition any key personnel on work permits to Permanent Residence.

• Apply EARLY to extend critical work permits.• Assess your short and long term needs for temporary

foreign workers.– Consider sources of work permit authorizations

outside of Labour Market Impact Assessments.

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Useful Resources• Farris COVID-19 Resource Centre – Legal overviews (all areas) updated frequently.

– https://farris.com/covid-19-legal-resource-centre/

• IRCC – General COVID-19 page – General info on COVID-19’s effect for various stakeholders.– https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19.html

• IRCC COVID-19 Program Delivery Instructions – Current PDI’s for all immigration programs.– https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-

manuals/service-delivery/coronavirus.html

• IRCC COVID-19 Foreign Worker Page – FAQ page on changes to the Temporary Foreign Worker Program in response to COVID-19.– https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance/covid-

faq.html

• Govt. of Canada Quarantine Site – Updated quarantine/isolation requirements.– https://www.canada.ca/en/public-health/services/publications/diseases-conditions/2019-novel-coronavirus-information-

sheet.html

• Public Safety Canada – Essential Services & Functions.– https://www.publicsafety.gc.ca/cnt/ntnl-scrt/crtcl-nfrstrctr/esf-sfe-en.aspx

• IRCC Twitter Handle - @CitImmCanada• CBSA Twitter Handle - @CanBorder

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Ryan S. Neely

• Email – rneely@farris.com• Phone – (604) 661-9359

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Associate Counsel – Immigration Head

Canadian Immigration Law

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Q&A

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THANK YOU