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Humanitarian and Compassionate (“H&C”) applications are often the last resort for persons left with no other means of immigrating or remaining in Canada due to their personal circumstances. Under s.25(1) of the Immigration, Refugee and Protection Act (“IRPA”), H&C applications can be made from inside or outside Canada as an alternative to meeting the usual criteria for immigration. Individuals who are otherwise inadmissible to Canada may also be able to apply for special consideration based on H&C grounds.

In my over thirty years of practice as an immigration lawyer it has been a fundamental principal of immigration processing that applicants should generally apply for both Canadian temporary or permanent status from outside of Canada. While there are some exceptions to this requirement, they have been few. That all changed during the global pandemic with many workers, students and visitors being stranded in Canada with no ability to travel for months and, in some cases, years.

As we approach the holidays it is customary to pause and reflect on this past year’s milestones and challenges. 2022 was another busy year highlighted by numerous and significant immigration policy changes and, frankly, bad headlines for the Department of Immigration, Refugees and Citizenship Canada. You do not have to reach far into your memory banks to recall that the CBC published several articles in the summer reporting that there was a backlog of more than 2 million immigration applications. Just this week, the CBC published a scathing report that tens of thousands of immigration applications have been assigned to inactive immigration officer accounts for processing. Despite these negative headlines, however, there have also been many examples of positive immigration changes and today I will review what I think is one of this year’s most underrated immigration success stories.

This past Friday, December 2, 2022, Canada’s Minister of Immigration, Refugees and Citizenship Canada (IRCC), Sean Fraser, and Tourism Minister and Associate Minister of Finance, Randy Boissonnault, introduced a significant expansion of employment opportunities for the spouses and working-age children of temporary foreign workers (TFWs) already in Canada. Recognizing the significant challenges that employers are facing in the current Canadian labour market, the changes introduced will now provide for employment opportunities for the spouses of lower and low skilled workers as well as for their working-age children. This new measure is set to be implemented in January 2023 and will last for a period of two years.

Canadian work experience is often the key necessity to qualifying for permanent residence in Canada. While several other features are important – such as foreign education and foreign work experience along with language proficiency, Canadian work experience is highly significant. Having practiced immigration law for over 30 years and employed many new and aspiring Canadian immigrants, I would like to share my observations. Currently, many Canadian businesses are struggling to find workers and our office is no exception. We are frequently searching for office administrators and/or legal assistants – two occupations that are amongst the most common as the basis for applying for permanent residence. As an employer and immigration lawyer, I would like to provide some insights to securing that vital Canadian employment on your immigration journey.

On November 1, 2022, the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, announced that his department plans on welcoming 500,000 new immigrants to Canada annually by 2025. The announcement comes on the heels of a record-setting year in 2021 when Canada welcomed over 405,000 newcomers. While most observers will focus on the 500,000 figure itself, it is important to also focus on the types of immigrants that the Minister is targeting.

Canada’s National Occupational Classification (NOC) coding system was first published in the 1990s to classify all the occupations in the Canadian labour market and has been used for decades to evaluate prospective immigrant’s work experience. It has been updated every few years such as the minor changes introduced with NOC 2016, but the newest update that the Department of Immigration, Refugees and Citizenship Canada (IRCC) is rolling out on November 16, 2022 is something to be on the lookout for.

As a part of the Trudeau government’s 2022 Budget, Parliament passed new legislation prohibiting non-Canadians from purchasing residential property in Canada. The Prohibition on the Purchase of Residential Property by Non-Canadians Act received royal assent on June 23, 2022 and will come into effect on January 1, 2023, lasting for a period of two years. The introduction of the bill is in keeping with one of the Federal Government’s primary goals for this year’s budget which was to stabilize the housing market and provide more affordable housing to Canadians amidst record-high inflation rates and sky-rocketing housing prices.

Sas and Ing Immigration Law Centre LLP

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