Canada: Work permit pilot extended to 2019 for spouses and common-law partners applying for permanent residence from within Canada

Posted by Immigration Law Team|Canada Immigration
Dec 17
15


In brief

Immigration, Refugees and Citizenship Canada (IRCC) announced today, December 15, 2017, that the Government of Canada is extending the open work permit pilot for spouses and common-law partners applying for permanent residence (PR) under the the Spouse or Common-Law Partner in Canada (SCLPC) class, until January 31, 2019.

Discussion

This initiative was initially launched by the Government of Canada on December 22, 2014, as a one-year pilot project with the key objective being to prioritize family reunification while applications under the SCLPC class are being processed. This initiative would allow families to live and work together in Canada, while improving the outcomes of successful integration into Canadian society once they obtain PR.

On December 17, 2015, the pilot project was extended for another year, until December 21, 2016, and on December 7, 2016, the Government of Canada announced that the pilot program would be extended again until December 21, 2017.

Impact

Sponsored spouses and common-law partners, who are inside Canada and living at the same Canadian address as their sponsor, may be able to apply for and obtain an open work permit that will authorize them to work anywhere in Canada while their PR application is being processed.

For more information on obtaining permanent residence or any other immigration matter, please contact a member of our team at PwC Law LLP.


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US: US Supreme Court allows enforcement of travel ban

Posted by Immigration Law Team|US Immigration
Dec 17
4


In brief

On Monday, December 4, 2017, the US Supreme Court issued orders allowing the third version of President Trump’s travel ban (see prior alert) to take effect until the appeals process has been completed. The orders stayed the prior October preliminary injunctions, which temporarily blocked the implementation of the travel ban.

Discussion

On September 24, 2017, President Trump signed a Proclamation imposing indefinite travel restrictions on citizens of Chad, Iran, Libya, Somalia, Syria, Yemen, and North Korea, and barring entry into the US by certain Venezuelan government officials and their immediate families. In October, Federal District Courts in Hawaii and Maryland issued nationwide orders against enforcement of the Presidential Proclamation. Today’s Supreme Court orders stayed the preliminary injunctions, thereby allowing the travel ban to be enforced.

The orders do not address the merits of the legal challenges to the travel ban, which will be addressed when two US Courts of Appeals hear arguments later this week. Specifically, the US Court of Appeals for the Ninth Circuit will hear oral arguments on December 6, 2017 and the US Court of Appeals for the Fourth Circuit will hear oral arguments on December 8, 2017.

Impact and Recommendations

Citizens of impacted countries who are already present in the US and are in valid immigrant or nonimmigrant status are advised to seek US immigration counsel prior to departing the US, since there may be restrictions from re-entering the US.

The country specific restrictions listed in the September 24 Presidential Proclamation are as follows:

 

            Country Nonimmigrant Visas    Immigrant and Diversity  Visas
            Chad No B-1, B-2, and B-1/B-2 visas    No immigrant or diversity visas
            Iran No nonimmigrant visas except F, M, and J student visas    No immigrant or diversity visas
            Libya No B-1, B-2, and B-1/B-2 visas    No immigrant or diversity visas
            North Korea No nonimmigrant visas    No immigrant or diversity visas
            Syria No nonimmigrant visas    No immigrant or diversity visas
            Venezuela No B-1, B-2, or B-1/B-2 visas of any kind for officials of the following government agencies: Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and their immediate family members    No restrictions
            Yemen No B-1, B-2, and B-1/B-2 visas    No immigrant or diversity visas
            Somalia Subject to additional scrutiny    No immigrant or diversity visas

Please note that there may still be additional scrutiny imposed on citizens of Iraq.

Waivers may be granted on a case-by-case basis. US immigration counsel should be sought for assessment of waiver eligibility.

PwC continues to monitor this matter and will be sure to update you as changes occur.

For further details regarding the Proclamation, or any other immigration matters, please contact a member of our team.


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Canada: Visa Requirement Lifted for Romanians and Bulgarians

Posted by Immigration Law Team|Canada Immigration
Dec 17
1


In Brief  

Immigration, Refugees and Citizenship Canada (IRCC) announced that effective December 1, 2017, citizens of Romania and Bulgaria are no longer required to hold a valid Canadian temporary resident visa (TRV) to lawfully enter Canada.

Discussion

Romanian and Bulgarian citizens were previously required to hold a valid Canadian TRV to lawfully enter Canada. Since IRCC has announced that it will no longer require these citizens to hold a valid Canadian TRV to lawfully enter Canada, they will now instead be required to obtain an Electronic Travel Authorization (eTA) to fly to or transit through Canada.

Impact

Citizens of Romania and Bulgaria are now able to travel to Canada with a valid eTA and apply for a Canadian work permit at a Canadian port-of-entry (e.g. international airport), if there are no medical or criminal inadmissibility concerns. Therefore, if you have any current or prospective employees who are citizens of Romania or Bulgaria, and who are required to travel to Canada, they will be able to travel to Canada more expeditiously as a result of the removal of visa requirements for these individuals.

For more information on Immigration to Canada or any other immigration matter, please contact a member of our team at PwC Law LLP.


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