Catherine Sas, K.C.Every US presidential election brings renewed interest in Americans seeking to come to Canada. This is not unique to President Trump, but Trump brings some specific Canadian immigration consequences to his being elected President of the United States. Immediately following his election on November 8, 2016, the dramatic interest in Canadian immigration resulted in a crash to our online information system. Many of his proposed policies piqued interest for many Americans and non-Americans without status seeking residency and/or protection in Canada. However, the Canadian immigration reality is very different from 2016 and Canada is not as welcoming as it has been in the past. Prospective immigrants from the US need to know the current lay of the Canadian immigration landscape.
Immigration is a hot political Buzzword!
Immigration has been a hot political topic world-wide in all recent elections – Canada, USA, the UK, France, Australia – pretty much everywhere. So prospective immigrants to Canada need to appreciate the current lay of the land. In my 30 plus years of practice as an immigration lawyer, I have never experienced such a restricted immigration program as we have today. Express Entry point scores are so high that applicants with Master’s degrees and high language proficiency can’t qualify. The business immigration programs are either completely suspended until the end of 2026 (Self Employed – SE) or dramatically limited (Start Up Visa – SUV). Provincial Nominee Programs are experiencing extreme demand so their point scores are at highest levels ever and most aspiring applicants can’t qualify. Spousal work permits for workers and students in Canada have either been eliminated or restricted. There are caps on many standard categories of immigration such as workers and students. The free and easy entry of immigrants from the US to Canada is dramatically affected by this new reality. For our American neighbours accustomed to easy access to Canadian immigration options as workers, students or immigrants, 2025 presents a completely new reality.
For a discussion on the immigration options post US election 2024, please see the podcast on our website: www.sasanding.com
Refugee Claims in Canada will increase
President Trump’s inauguration heralded a plethora of Executive Orders including declaring a state of emergency at the US-Mexican border with a view to reducing the number of migrants entering the United States (US) to claim asylum (called refugee status in Canada). President Trump has also indicated that he will crack down on undocumented persons in the US and increase deportations. It is anticipated that many of those already in the US illegally will seek refugee status in Canada. Canadian officials have been preparing for this increased influx and legislative changes are in the works for these expected arrivals.
Canada is also facing an election in the coming months and politics, as is usual with immigration matters, will play a big role in determining how Canada will respond to any increase in refugee claimants arriving directly from south of the border. Prospective refugee claimants need to be prepared for a less welcoming experience when arriving in Canada.
Working or Studying in Canada
Canada and the US have always shared a preferential relationship when it comes to immigration matters. Canadian and US citizens don’t require visas to travel to each others’ countries. We have mutually relaxed opportunities for working pursuant to the Canada-US-Mexico Trade Agreement (CUSMA) and Americans can apply for study permits at the Canadian border rather than at a visa office abroad as is required by other nationals. None of this changes. However, Canada has introduced limits on the numbers of workers and students that it will accept on an annual basis which may affect the typical easy entry of US workers and students into Canada.
Also, as mentioned above, the criteria for obtaining Canadian permanent residence have tightened. Many Americans coming to work or study in Canada have the option of obtaining Canadian permanent residence in their minds. This is not as easy as it once was and prospective immigrants should familiarize themselves with the new criteria to determine if these long-term goals are attainable.
Considerations for the LGBTQ community
One of the Executive Orders President Trump signed was to declare that there are two officially recognized genders in the US – male and female. It is anticipated that this will be a cause of concern for the LGBTQ community and, in reality, our office has seen an increase in inquiries from prospective immigrants in advance of the election. While Canada has been historically welcoming to the LGBTQ community, the majority of our immigration programs make no distinction based upon gender and, therefore, applicants must qualify under standard program criteria. On the other hand, Canada’s spousal sponsorship program does recognize LGBTQ relationships, allowing Canadian citizens and permanent residents to sponsor their spouses regardless of gender.
The re-election of President Trump will no doubt send shock waves throughout the globe but will also have a significant impact on Canada’s immigration program. While the US may be tightening her borders in the Trump post re-election era, Canada has already tightened hers over the past year. Free and easy access to Canada is gone for the time being. Americans seeking to come to Canada need to determine a strategy to best achieve their Canadian immigration aspirations.
For a historical refresher of President Trump’s first election impact on Canada’s immigration program please see here:
https://canadian-visa-lawyer.com/?s=The+Trump+Effect&id=5902
