BUSINESS IMMIGRATION –CANADA AND U.S. WHAT YOU NEED TO KNOW RIGHT NOW

MELISSA BABEL

B.A. (Hons) LL.B, Barrister and Solicitor Babel Immigration Law

What is Flagpoling?

Flagpoling refers to the process in which a foreign national in Canada departs Canada for the US with the sole purpose of re-entering Canada to present an application for temporary status (work permits, usually) to the Canada Border Services Agency for processing. Flagpoling is usually looked at as a strategy to avoid very lengthy processing for extensions of status inside Canada with IRCC.

But! Flagpoling is challenging - CBSA has limited times when they will accept ‘flagpole’ applications (SW Ontario has been limiting access to the ports for this purpose for many years).

There are also U.S. immigration implications as a person needs to be able to legally enter the U.S. (and the U.S. CBP has let them in!).

Canada Border Services Agency – Possible Strike Action - What happens when people and goods can’t cross the border in a predictable and efficient way?

One thing is that the country realizes the unmistakable importance of reliable travel and transportation. Canada runs on trade and the reliable movement of people and goods. What then of flagpoling and so many other critical processing done by CBSA? Keep an eye on this storywhat happens at the border impacts everyone.

Canada to implement new off-campus work regulations for international students

On April 29, 2024, Minister Marc Miller announced the end of the temporary policy allowing students to work over 20 hours per week off campus, effective April 30, 2024. Starting this fall, students’ off-campus work hours will be limited to 24 per week, aiming to prioritize studies while offering flexibility for employment.

During academic breaks, students can work unlimited hours. The decision considers students’ needs and international policies, aiming to mitigate adverse academic effects from excessive work. Additionally, Canada is developing the Recognized Institutions Framework for post-secondary institutions with the goal of maintaining high standards for international student support.

Does Canada have a functioning foreign caregiver program?

My answer to clients in recent years has been ‘no.’ Since the end of the Live-in-Caregiver Program in 2019, Canadian families, most notably the ‘sandwich generation’ with elderly parents and young children needing care, have faced constant flux related to access to foreign caregivers. Numerous pilot programs have been introduced, then rescinded, then revived, leaving both families and caregivers (with their own families) to bear the burden of finding interim care for their loved ones (Canadian families) or lengthy processing times and uncertainty around status in Canada (caregivers).

The government’s newest plan is to grant Permanent Resident status to 15,000 foreign caregivers on arrival in Canada (details still pending).There’s no doubt that a foreign caregiver program is among the more complex immigration streams to run and manage. And let’s face it, employers’ needs change: elderly parents get old and die, or their care needs exceed what can be done with in-home care; young children also get older and go to school. The natural course of a caregiver’s career is likely to involve employment with multiple families.

Will this new version of the foreign caregiver program solve the problems that have burdened the foreign caregiver system in this country for so long?

USCIS Updates Guidance for Family-Based Immigrant Visas

On May 22, 2024, USCIS updated its guidance on familybased immigrant visa petitions. The update to the USCIS Policy Manual includes explanations for how USCIS handles correcting approval notice errors, requests for consular processing or adjustment of status and routing procedures for approved I-130 petitions.

A notable update for petitioners and beneficiaries of the family-based immigrant visa applications to be aware of is that if there is no clear indication of whether the beneficiary wants consular processing or adjustment of status, USCIS will use its discretion whether to send the approved petition to the National Visa Centre (for consular processing) or to keep the adjustment of status for processing with USCIS.