Atty. Henry Moyal ~ Canadian Immigration Lawyer

03/21/2022

Canada Immigration Announces the unprecedented Canada-Ukraine Authorization for Emergency Travel Program (CUAET).

CUAET program is a special, accelerated pathway for Ukrainians seeking safe haven in Canada while the war in their home country continues. There is no limit on the number of visas to be issued. Processing time is 2 weeks.
With the CUAET, Ukrainians and their immediate family members of any nationality may stay in Canada up to 3 years and obtain work permits and study permits.
Under this special program, many of the regular requirements associated with a normal visitor visa or work permit have been waived including processing fees.
About the CUAET
The CUAET gives you a visitor visa to come to Canada temporarily, until it is safe to return to Ukraine. The visitor visa
• is fee-exempt
• is valid for 10 years or until your passport expires
• allows you to travel in and out of Canada, as long as your visa is valid
• will be processed on a priority basis
• gives you the option to apply for a fee-exempt work permit at the same time
When you arrive at the border in Canada, you’ll be given status as either a
• visitor
• worker, if you applied for the open work permit
• student, if you’re under 18 and want to study in Canada
You can stay in Canada for up to 3 years at a time or until your passport expires. When your status in Canada is about to expire, you need to apply to extend your stay.
Who can apply
You can apply if you have
• a valid Ukrainian passport or
• another national identity document
If you don’t have a valid passport or another identity document, you can still apply. An officer will need to determine if you meet the requirements of a temporary resident permit.
If you’re unvaccinated or partially vaccinated
You can enter Canada if you’re not fully vaccinated. This also applies if the vaccine you got is approved by the World Health Organization, but isn’t currently recognized by Canada. When you arrive in Canada, you need to show that you’re a Ukrainian national or a family member of a Ukrainian national to benefit from this exemption.
You must meet all other public health requirements, such as quarantine and testing. With limited exceptions, all travellers to Canada, including anyone arriving under the CUAET, must also use ArriveCAN.
Find out more about exemptions to the vaccination requirement.
Biometrics
If you’re biometrics-required, you’ll need to give your biometrics if you haven’t given them in the past. You don’t have to pay the biometrics fee. After you submit your application, you will get a biometrics instruction letter. You need to bring this letter with you when you give your biometrics.
Find out where to go to give biometrics
If you gave your biometrics in the past, they may still be valid.
Check if your biometrics are still valid
Medical exam
You don’t need to get an immigration medical exam before coming to Canada. However, if you normally need a medical exam to come to Canada, you may need to get a chest x-ray and a blood test within 90 days of arriving. You’ll get instructions on how to complete this when you arrive.
Find out about medical exams for visitors, students and workers
Fees
You don’t have to pay fees for any of the below:
• temporary resident visa
• open work permit
• study permit
• biometrics
• temporary resident permit
You’ll need to pay fees for your chest x-ray and blood test if you’re told to get one.
Find out more about fees that are being waived
Working and studying in Canada
Working in Canada
The CUAET gives you the option to apply for a visitor visa and an open work permit at the same time. This work permit is fee-exempt and will let you work for most employers in Canada.
Find out how to apply for the open work permit
Studying in Canada
The CUAET gives you the option to study while in Canada.
Find out how to study in Canada



Henry Moyal, Barrister & Solicitor/Attorney
Law offices of Henry Moyal, B.A., LL.B, Juris Doctor
Henry Moyal Professional Corporation, Canadian Immigration Lawyer
8 Finch Ave. West,
Toronto, Ontario
M2N 6L1 Canada
Tel: 416 733 3193
Fax: 416 733 3742
[email protected]
www.moyal.com

Law Offices of Moyal & Moyal is one of the most popular & successful immigration law firms in Canada & abroad which offers overseas Canadian immigration services.

07/23/2019

CANADIAN IMMIGRATION ANNOUNCES AMNESTY FOR ILLEGAL WORKERS IN THE CONSTRUCTION INDUSTRY

Immigration Newsweek

By Atty. Henry Moyal

In a surprising move, Canada Immigration has announced a new program that will actually reward people who are illegal in Canada and who are working illegally (in the construction industry). The program is set to open in January 2020 and will have a cap of only 500 applications. In an unprecedented move, the Federal Immigration Minister announced this week that permanent residence will be granted to applicants who entered Canada legally but then lost status and have remained in Canada with no status for at least five years. To qualify, applicants must have filed their taxes, lived in Canada for 5 years and have at least 3 years of work experience in the construction industry in the Toronto area.
Applicants with children or spouses in Canada ( regardless of the child or spouse’s immigration status) will be given first priority.
As far as this writer is concerned, this is the first time Canada Immigration is actually rewarding those who worked illegally and without a work permit.
No other past Federal Immigration Minister has been successful in pulling off this type of controversial law as many complained in the past that it was not fair to only grant permanent residence to illegal workers in the construction industry ( what about other occupations?). Similarly, many will not be happy that it is only for those who have worked in the GTA Toronto Economic Regions of City of Toronto, Durham Region, Halton Region, Peel Region, York Region ( what about other parts of Ontario? Or other parts of Canada?).
Nevertheless, the current program is open to applications starting January 2, 2020 as the construction industry in the GTA is facing significant labour shortages. According to Canada Immigration, a stable construction workforce will help ensure that housing and infrastructure projects are delivered. Reports indicate that this workforce has been supported for many years, in part, by long-term residents who have fallen out of immigration status and are operating in the underground economy.
The new program therefore seeks to regularize these individuals who have been contributing to the Canadian economy by filling a regional labour market need.

In another announcement this week, Canada Immigration has announced the Agri-Food Immigration Pilot that will grant permanent residence for workers in the meat processing and mushroom production fields.
In the past, such workers were considered low skill and had no direct pathway for permanent residence. However, now 2750 foreign workers a year will be granted permanent residence.
The occupations and industries eligible under the new Agri-Food Immigration Pilot include:
• meat processing
• retail butcher
• industrial butcher
• food processing labourer
• harvesting labourer for year-round mushroom production and greenhouse crop production
• general farm worker for year-round mushroom production, greenhouse crop production, or livestock raising
• farm supervisor and specialized livestock worker for meat processing, year-round mushroom production, greenhouse crop production or livestock raising.
The eligibility requirements for the Agri-Food Immigration Pilot are:
• 12-months of full-time, legal and authorized non-seasonal Canadian work experience in an eligible occupation in processing meat products, raising livestock, or growing mushrooms or greenhouse crops;
• high school education or greater;
• job offer for full-time, non-seasonal work in Canada

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email [email protected] or call 416 733 3193

06/18/2019

BREAKING NEWS: CANADIAN EMPLOYERS NO LONGER REQUIRE LMIA TO HIRE A CAREGIVER

Effective June 18, 2019, Canadian employers will no longer require the notorious LMIA ( Labour Market Impact Assessments) from Service Canada to hire a caregiver.
As of today, Canada Immigration has announced two new programs that will make it easier for caregivers to become permanent residents and will be issued “occupation specific” work permits and not “employer specific” work permits from overseas.
In particular, the two new programs will be called “ The Home Child Care Provider Program” and “The Home Support Worker Program” which replaces the expiring Caring for Children and Caring for People with High Medical Needs categories.
The way it will work is that a worker who has a job offer in Canada will apply for permanent residence AND a work permit ( and visas for their family if applicable) all at the same time from abroad.
Then they will obtain a “occupation specific” work permit to come to Canada. After working for 2 years, they will then notify Canada Immigration who will then finalize the permanent resident application.
These new pilots provide caregivers from abroad and their families with a clear, direct pathway to permanent residence and will be able to become permanent residents quickly.

It is also important to note that:

• The Caring for Children and Caring for People with High Medical Needs categories will expire and close to new applications on June 18, 2019. Caregivers who have applied before this date will continue to have their applications processed through to a final decision.
• Caregivers who have been working toward applying to the soon-to-be-expired pilots can now apply through either the Home Child Care Provider Pilot or the Home Support Worker Pilot.
• The Interim Pathway for Caregivers, the short-term pathway for caregivers who came to Canada as temporary foreign workers since 2014 but were unable to qualify for permanent residence through an existing program, will be extended. It will re-open on July 8, 2019 and accept applications for 3 months.

Henry Moyal, Canadian Immigration Lawyer
www.moyal.com
[email protected]

Tel: 416 733 3193

06/03/2019

UNDECLARED FAMILY MEMBERS CAN NOW BE SPONSORED

Sponsorship applications for family members who were previously banned from obtaining permanent residence under Canada’s Immigration laws will now be allowed to be sponsored under a new two-year pilot program starting September 9, 2019.
In a monumental move, Ahmed Hussen, the Federal Immigration Minister, announced that applicants will now be able to sponsor non-accompanying family members who were not declared and therefore were not examined by immigration authorities when the sponsor applied for Canadian permanent residence.
The root of the problem was Section 117(9)(d) of Immigration and Refugee Protection Regulations
that rendered family members ( for example spouses and children) ineligible and “not part of the family class” if they were not declared at the start.
The implementation of Section 117(9)(d) which was enacted several years ago was regarded as very harsh and thousands of applicants have been denied bringing their children and spouses over the years due to this law.
The new program will run from September 9, 2019 to September 9, 2021.
Henry Moyal, Immigration Lawyer
www.moyal.com
416 733 3193

03/01/2019

NEW CAREGIVER PROGRAM IS ONLY OPEN FROM MARCH 4, 2019, TO JUNE 4, 2019

Immigration Newsweek

By Atty. Henry Moyal

Canada Immigration has just announced two new caregiver programs that will provide a pathway to permanent residence and will replace the current Caring for Children and Caring for People with High Medical Needs programs.
The first program is called the Interim Pathway for Caregivers, which is only open from March 4, 2019, until June 4, 2019.
This program is also a dedicated pathway to permanent residence for qualifying in-home caregivers.
To qualify you must:
• have a valid work permit, or
• have applied to extend your work permit and be waiting on a decision, or
• have applied to restore your status as a worker
Your must have work experience in Canada for at least one year AFTER November 30, 2014 must as a:
• home child care provider
• home support worker, or
• combination of the two
You need to take an English language test and score at least CLB 5.
You must have a Canadian high school diploma or a non-Canadian educational diploma, certificate or credential that’s equal to a Canadian secondary school (high school) diploma.

You are NOT eligible if:
• your application to extend your work permit is refused
• your application to restore your status as a worker is refused
• your current work permit is in the Live-in Caregiver Program, or
• you’re applying to extend your work permit or restore your status and your most recent work permit was under the Live-in Caregiver Program

The second program is a welcome change to the long standing history of live in caregiver programs that will now allow:

1. Workers to change jobs freely and caregivers will now receive occupation-specific work permits ( not employer specific work permits).
2. Allow spouses and children to come to Canada together as the same time as the worker

Under the new program, applicants will be assessed for permanent residence criteria before they begin working in Canada. Once the caregiver has their work permit and 2 years of work experience, they will have access to a direct pathway to become a permanent resident. The specific criteria and implementation date have not yet been published.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email [email protected] or call 416 733 3193

08/01/2018

CAN A VISITOR IN CANADA WORK AS A VOLUNTEER ?

The answer is not always clear. In general, the rule is that if you volunteer at a job that a Canadian person would normally be paid ( regardless of whether you’re actually paid or not) is considered to be work (and unauthorized for a visitor). As an example, handing out pamphlets as a church should be fine but consulting for free at a company or the zoo would not be permitted.
Henry Moyal, Immigration Lawyer
Moyal Immigration Lawyers

www.moyal.com
416 733 3193

07/25/2018

WHAT TO DO IF YOUR PERMANENT RESIDENT CARD HAS EXPIRED?

Immigration Newsweek

By Atty. Henry Moyal

In June 2002, the Canadian government started issuing permanent resident cards (PR card) to new immigrants. Before then, landed immigrants were issued IMM1000 documents which were long pieces of paper that had no photo or bar codes. The law remains the same today – in particular, newly landed immigrants ( regardless of what program the applicant obtained PR) are issued PR cards that are valid for 5 years.

Under statutory rules, an applicant must by physically in Canada for at least 730 days out of the last five years in order to have the PR card renewed. The 730 days do not need to be continuous and there is no restriction on when the 730 are accumulated. Many have the mistaken belief that they must remain in Canada for six months immediately upon being immigrant. That is false. Others believe that they can renew their PR card without stepping foot in Canada. That too is false.

The truth is that a person must have resided in Canada for at least 2 years to have their PR card renewed. While there are some exceptions ( ie. accompanying a Canadian spouse or working abroad for a Canadian company) the rule is quite strict.

The question therefore is : what if an applicant did not comply with the 730 rule and card has expired?

If so, the waters get muddled and it can get complicated. The specific and best approach depends on each fact pattern. For starters, it is important to remember that a person cannot board a plane with an expired PR card. If a person is outside of Canada with an expired PR card they must either apply for a TD or try to land via a land border. In most cases, an applicant will not be able to board a flight and therefore will remain stuck abroad with an expired card. The best option therefore is to apply for a TD and then if refused to appeal the final determination. At appeal applicants are able to argue humanitarian and compassionate grounds to explain why there were absent from Canada for so long. A review of the case law however suggests that most judges will only approve such appeals in exceptional circumstances.

*As this discussion involves permanent residents it is important to mention a crucial proposed law that affects immigrants who are convicted of impaired driving - Bill C-46, the Impaired Driving Act, which is before the House of Commons.
Currently, someone convicted of impaired driving could receive a maximum penalty of not more than five years in jail, but the offence would still be considered “ordinary criminality” under immigration law. An immigrant’s permanent residence status is not affected unless a sentence of six months or more is imposed. However, under Bill c-46, the increased maximum penalty to 10 years would automatically classify impaired driving as “serious criminality.” As a result, even if a first offender, who is not a Canadian citizen, is convicted and is only ordered to pay a fine, they would still lose their immigration status and be banned from Canada. This would affect foreign students, workers, visitors and permanent residents.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email [email protected] or call 416 733 3193