Navigating Canada’s ‘Foreign Buyers’ Ban’: Impact and Implications

Navigating Canada’s ‘Foreign Buyers’ Ban’: Impact and Implications Posted onNovember 30, 2023 ByYulin Wang InBlog Introduction of the ‘Foreign Buyers’ Ban’ and its Amendment In December 2022, the Privy Council approved regulations for the Prohibition on the Purchase of Residential Property by Non-Canadians Act. Published on December 21, 2022, in the Canada Gazette, these regulations became effective on January 1, 2023, alongside the Act. The Act and the Regulations, in place from January 1, 2023, to December 31, 2024, restrict non-Canadians from purchasing residential property in Canada. This legislation has stirred debates due to its far-reaching implications. They prohibit not only non-Canadian individuals but also foreign-controlled entities from buying vacant or developed residential-zoned land, affecting commercial development and Real Estate Investment Trusts (REITs). Leases, mortgages, and shares are also classified as purchases, impacting contracts for builders and suppliers. In response, Minister Ahmed Hussen introduced four amendments on March 27, aimed at striking a balance. Effective since March 27, 2023, these revisions expand exceptions, enabling non-Canadians to purchase homes under specific circumstances. They emphasize the importance of Canadian housing for those seeking to establish roots in the country and discourage speculative foreign investments. Definitions Understanding Non-Canadian Status and Exceptions The Act applies to non-Canadians, including corporations and entities not listed on a Canadian stock exchange, and controlled by non-Canadians. It does not apply to Canadian citizens, permanent residents, or temporary residents who meet the exception criteria outlined in the Regulations. Non-Canadians are individuals who do not fall into one of the following categories: Canadian citizens, Permanent residents of Canada, Persons registered under the Indian Act. Non-Canadians also include corporations and entities that: Are formed under Canadian federal or provincial laws, Are not listed on a Canadian stock exchange, Are controlled by non-Canadians. Certain exceptions allow non-Canadians to purchase residential properties in specific circumstances. It’s important to be aware that in some regions, such as in parts of British Columbia and Ontario, additional property transfer taxes may apply to foreign buyers. Notably, property transfer taxes fall under provincial legislation, while the Purchase of Residential Property by Non-Canadians Act and Regulations are federal laws. Consequently, these regulations are distinct and do not share the same exemptions. Regarding the prohibition on the purchase of residential properties, the following groups of individuals are exempt: Non-Canadian individuals who purchase residential property jointly with their spouse or common-law partner, provided that the spouse or common-law partner is a Canadian citizen, a person registered under the Indian Act, a permanent resident, or a non-Canadian for whom the prohibition does not apply. Temporary residents under the Immigration and Refugee Protection Act, who meet specified conditions, including: 1. Temporary residents studying in Canada, if: They are currently enrolled in an authorized study program at a designated learning institution, as defined in the Immigration and Refugee Protection Regulations. They have submitted income tax returns for each of the five taxation years preceding the year in which the property purchase is made. They have been physically present in Canada for a minimum of 244 days in each of the five calendar years preceding the year in which the purchase was made. They have not previously purchased a residential property in Canada while the prohibition is in effect. They purchase a property for a price not exceeding $500,000. 2. Temporary residents working in Canada, if: They hold a valid work permit or are authorized to work in Canada. They have 183 days or more of validity remaining on their work permit or work authorization at time of purchase. They have not previously purchased a residential property in Canada while the prohibition is in effect. 3. Protected persons under subsection 95(2) of the Immigration and Refugee Protection Act, including individuals who have been granted refugee protection or are protected persons under the Immigration and Refugee Protection Act. 4. Individuals who have made an eligible claim for refugee protection under subsection 99(3) of the Immigration and Refugee Protection Act, if: They have submitted a claim for refugee protection in accordance with the Immigration and Refugee Protection Act, and this claim has been determined as eligible and referred to the Refugee Protection Division; or They have been granted temporary resident status under the Immigration and Refugee Protection Act based on humanitarian public policy considerations to provide a safe haven to those fleeing conflict. 5. Foreign nationals holding passports with valid diplomatic, consular, official, or special representative acceptance issued by the Chief of Protocol of Canada.’ 6. Foreign nationals with valid temporary resident status, whose temporary resident visa was issued, or their temporary resident status was granted by a justified exemption under section 25.2 of the Immigration and Refugee Protection Act. 7. Section 35 Rights – Indigenous People and Communities: Section 35 recognizes and confirms the existing Indigenous and treaty rights of Indigenous peoples in Canada. These rights may include ownership of land, rights to occupy and use land and resources, land reserved for First Nation use, self-government rights, and cultural and social rights. The Regulations make it clear that the prohibition does not apply when it conflicts with the rights recognized and affirmed by Section 35 of the Constitution Act, 1982.” 2. Understanding ‘Residential Property’ and Exceptions The Prohibition on the Purchase of Residential Property by Non-Canadians Act defines residential property as structures containing up to three dwelling units or parts of buildings, such as semi-detached houses or condominium units. Larger buildings with four or more dwelling units are not subject to this prohibition. The Regulations specify that the prohibition applies to residential properties located in Census Metropolitan Areas (CMA) or Census Agglomerations (CA) as identified in Statistics Canada’s Standard Geographical Classification 2021. Non-Canadians can freely purchase residential properties situated outside of Census Metropolitan Areas (CMA) and Census Agglomerations (CA). Both CMAs and CAs are composed of one or more adjacent municipalities centered around a population center or core. A CMA must have a total population of at least 100,000, with 50,000 or more residing in the core, while a CA must have a core population

Canada’s Immigration Strategies to Increase Healthcare Workers in Canada with a Spotlight on British Columbia and Saskatchewan 

Canada’s Immigration Strategies to Increase Healthcare Workers in Canada with a Spotlight on British Columbia and Saskatchewan  Posted onSeptember 30, 2023 ByBrittany Berge InBlog Government of Canada Immigration Initiatives for Healthcare Workers In Canada, immigrants account for approximately 1 in 4 healthcare workers. Immigrants make up 23% of registered nurses, 37% of pharmacists, 36% of physicians, and 39% of dentists. The healthcare sector across Canada is experiencing unprecedented worker shortages. With a total of 96,000 unfilled healthcare positions in Canada at the end of 2022, the Government of Canada has sought to increase immigration of healthcare workers. To do so, Immigration Refugee Citizenship Canada has made changes to the Express Entry program, Canada’s major economic immigration program for permanent residency. The Government of Canada can now issue specific invitations to apply for permanent residency to health workers, including doctors, nurses, dentists, physiotherapists, and optometrists. Since the end of June 2023, two rounds of invitations have been issued, with a total of 2,000 healthcare workers being invited to apply for permanent residency.  Provincial Immigration Initiatives for Healthcare Workers British Columbia  The British Columbia Provincial Nominee Program enables the province to select and nominate foreign workers, international students, and entrepreneurs to help meet BC’s labour needs. If you are nominated by the Province, you and your family can apply to IRCC to become a permanent resident of Canada. Healthcare workers are a priority occupation in British Columbia for the Provincial Nominee Program. Priority occupations are specified occupations that have been identified by the Province of BC that may be invited to apply in periodic targeted draws. In August 2023, the Province nominated 127 healthcare workers for permanent residency through the BCPNP category draws. Saskatchewan In Saskatchewan, there are three different immigration categories that may allow foreign health care professionals to immigrate and obtain permanent residency. These categories are: Saskatchewan Experience: Healthcare Professional International Skilled Worker: Employment Offer Hard-to-Fill Skills Pilots A worker based in Saskatchewan with six months of full-time work experience in the province as a physician, nurse, or other healthcare professional can be nominated through the SINP Saskatchewan Experience Healthcare Professional category. If you are an international healthcare worker looking to immigrate to Saskatchewan, you can create an expression of interest profile (EOI) to be contacted about job opportunities relevant to your skill set by the Saskatchewan Immigrant Nominee Program (SINP) or Health employers. If you are selected and receive a job offer, you may be eligible to apply in the SINP International Skilled Worker: Employment Offer stream, or the Hard-to-fill Skills Pilot stream. This EOI profile provides the opportunity to link foreign trained healthcare professions with Saskatchewan healthcare employers. However, you are not required to use the EOI profile if you are able to independently get a valid job offer from a Saskatchewan employer. The International Healthcare Workers EOI system is open to many occupations including pharmacy technicians, dental assistants, therapists, occupational therapists, pharmacists, nurses, public health professionals, chiropractors, midwives, psychologists, physiotherapists, nurse’s aids, and more. Sierra Immigration Alliance Services If you are a healthcare worker looking to immigrate to Canada and obtain permanent residency, please do not hesitate to reach out to Sierra Immigration Alliance. Our immigration lawyers and consultants would be happy to assist you on your journey through the provincial nominee programs and Canada’s express entry program. Obtaining permanent residency in Canada is highly sought after and is a competitive process with many specific requirements to be met. If you are an international healthcare worker, you may be able to take advantage of the increase in immigration options for such workers during this Canada-wide industry shortage. Leave a Reply Cancel reply Logged in as Yulin Wang. Edit your profile. Log out? Required fields are marked * Message*

Canada Announces Tech Talent Strategy to Attract Tech Workers from All Over the World

Canada Announces Tech Talent Strategy to Attract Tech Workers from All Over the World Posted onSeptember 30, 2023 ByNaseeb Kahlon InBlog In light of the labour shortages being experienced by Canadian employers, Immigration Canada has enhanced some of their current immigration programs and is creating or has created some new pathways dedicated to attracting the best tech talent in the world. There are six main ways that Immigration Canada is prioritizing tech workers right now. CHANGES MADE TO EXISTING PROGRAMS: 1. New and dedicated PR pathway for STEM sector: If you are a tech worker in Canada working in Science, Technology, Engineering, and Mathematics or “STEM”, Immigration Canada has created a STEM pathway for the PR Express Entry program, which is the main way obtain permanent residence in via your education and work experience. This means that if you are working in an occupation that is included in the STEM category, your PR application will be prioritized by the PR Express Entry program and you will be invited to apply for PR sooner than you would have before. 2. Global Skills Strategy program: This program was launched 5 years ago. However, this program was obstructed due to processing delays resulting from the Covid-19 situation. Immigration Canada has announced in July 2023 that it has now rectified this situation and Canadian employers can expect work permit applications to be processed within approximately 2 weeks of submission. As such, Canadian employers now have access to talent they need when they need it. In order to be eligible for this program, the worker must be applying from outside of Canada. In addition, if workers are exempt from an LMIA, the job offer must be in a TEER 0 or TEER 1 position. For workers who require an LMIA, only the following NOC codes are eligible: 3. Start-Up Visa Program: This program creates pathways for PR for entrepreneurs who create companies in Canada that hire Canadians/PRs. This program initially suffered from a flaw in program design, but Immigration Canada has now rectified this situation by increasing the number quota from 1000 to 3500 applicants per year and is prioritizing applications that have capital committed and are endorsed by trusted Canadian partners. This program gives open work permits for 3 years for the applicant and their families while they wait for permanent residence in Canada.   4. NEW WAYS TO ATTRACT TECH TALENT: Specific Stream for World’s Most Talented People: Immigration Canada announced in July 2023 that it will be creating a specific stream for some of the world’s most talented people to come to Canada to work for Canadian tech employers whether they have a job offer or not. No other announcement has been made to date, so we are still waiting to hear more about this upcoming pathway. 5. Digital Nomad Strategy: This will allow people who have foreign employers to work in Canada for up to 6 months at a time. This will allow the digital nomad to live in Canada and spend money in Canada as a visitor, while working for their foreign employer. Should the digital nomad receive a job offer in Canada, Immigration Canada will allow them to stay and work in Canada. 6. USA H-1B Visa Holders: As of July 16, 2023, Immigration Canada opened 10,000 spots for H-1B visa holders and their families in the USA to come and work in Canada with an open work permit for up to three years. This program was to stay open for one year or until the 10,000 spots were filled. Unfortunately, the cap of 10,000 applicants was reached within 48 hours of the program opening on July 17, 2023. Thus, this program is no longer accepting applications and is closed. Leave a Reply Cancel reply Logged in as Yulin Wang. Edit your profile. Log out? Required fields are marked * Message*

Revamped Quebec Immigrant Investor Program (QIIP) Set to Re-Open in January 2024

Revamped Quebec Immigrant Investor Program (QIIP) Set to Re-Open in January 2024 Posted onSeptember 30, 2023 ByNaseeb Kahlon InBlog Canada’s only (passive) investor immigration program has been closed since 2019. However, the Quebec government recently accounted that the QIIP is set to re-open in January 2024 with significant updates to the program. One of the biggest changes will be that candidates will require strong oral French skills and a one-year residency in Quebec in order to be eligible for the program.It is the government’s intention that these requirements will allow immigrants to integrate into the province’s business community and make it easier for them to contribute to Quebec’s economy. The program will still require the candidate to have a net worth of 2 million and at least 2 years of management experience in the last 5 years. The updated requirements of the program include the following: Demonstrate minimum proficiency in spoken French, which corresponds to level 7 on the Échelle québécoise des niveaux de compétence en français des personnes immigrantes adultes; Have a diploma obtained before the date of submission of the application and corresponding at least, in Quebec, to a secondary school diploma; Have been issued a work permit following the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI’s) notice of intent to issue a selection certificate (PCSQ); Within 2 years of the date of this work permit issuance, the principal applicant must have resided in Quebec for a period of at least 6 months and he or his spouse or de facto spouse included in the application has resided in Quebec for another period of at least 6 months; Make a 5-year term risk-free investment, at 0% interest of C$1 million with IQ Immigrants Investisseurs Inc. and a non-refundable financial contribution of $200,000 to this company, through a financial intermediary, within 120 days of the acceptance decision As such investor immigration in Canada will now be restricted to those candidates with good French speaking abilities as well as those that have an interest in living in Quebec (at least temporarily). Leave a Reply Cancel reply Logged in as Yulin Wang. Edit your profile. Log out? Required fields are marked * Message*

Staying in the North: Residency Rules for Maintaining Canadian PR and Qualifying for Citizenship

Staying in the North: Residency Rules for Maintaining Canadian PR and Qualifying for Citizenship Posted onSeptember 30, 2023 ByNaseeb Kahlon InBlog Introduction Canada’s immigration journey is marked by key milestones, with Permanent Residency (PR) and Citizenship standing out as significant achievements. Yet, clients often find themselves tangled in the web of residency rules, blurring the lines between PR maintenance and citizenship eligibility.  At first glance, it seems straightforward: a day in Canada is a day, whether you’re a PR holder or a citizenship aspirant. However, it’s the time spent abroad that confuses many. The most perplexing part is that different rules apply, and it’s unclear to many whether these days count toward PR status maintenance or citizenship application requirements. This blog post clarifies these distinctions, helping you navigate the intricacies of residency requirements for PR and citizenship. Let’s simplify the complexities of Canadian immigration, so you can plan your journey with confidence. Residency Obligation for Maintaining PR Status To maintain permanent residency in Canada, individuals must meet specific residency requirements, primarily centered around their physical presence within the country for a designated period. In particular, to maintain permanent resident status, individuals need to have spent a minimum of 730 days (equivalent to 2 years) within Canada during the last five years. It’s important to note that these 730 days do not need to be consecutive, and some time spent abroad may count toward fulfilling this requirement. For those who have held Canadian permanent residence for more than five years, the calculation of the residency obligation is based on the five years leading up to the date when an application is received by the visa office. However, if someone has been a Canadian permanent resident for less than five years, they may still be eligible to apply for a renewal of their permanent resident card or a Permanent Resident Travel Document (PRTD) if they can demonstrate the potential to accumulate the required 730 days of physical presence within the upcoming five-year period. In both scenarios, applicants will undergo an assessment by an immigration officer to determine whether they meet the residency requirement within the applicable five-year timeframe. Here’s how individuals can accumulate residency days to fulfill their PR status obligations: Inside Canada: By physically residing within the country. Outside Canada: Full-time employment with:  *a Canadian business or organization, or  * the Canadian federal, provincial, or territorial government Accompanying a spouse or common-law partner who is:  *a Canadian citizen, or  *a permanent resident working outside Canada, full-time for:  * a Canadian business, or  *the Canadian federal, provincial, or territorial government Accompanying a parent as a dependent child and traveling with your parent who is:         *a Canadian citizen, or        *a permanent resident working outside Canada, full-time for:               *a Canadian business or              *the Canadian federal, provincial, or territorial government As a permanent resident, you have the flexibility to travel outside Canada. However, it’s imperative to meet the specified residency obligations to maintain your PR status. Physical Presence Requirement When Applying for Citizenship When applying for Canadian citizenship, applicants must meet specific physical presence requirements, which vary depending on the date the application is received. For applications received on or after October 11, 2017, under paragraph 5(1)(c)(i) of the Act, the applicant must have accumulated at least 1,095 days (equivalent to 3 years) of physical presence in Canada within the five years immediately preceding the date they signed the application. Key points to understand about the physical presence requirement for Canadian citizenship: 1. Five-Year Calculation Period: The calculation of physical presence cannot extend beyond the five-year period before the date of the application. 2. Day Counting: Each day of physical presence in Canada as a permanent resident counts as one day toward the requirement. 3. Temporary Resident Days: Days spent in Canada as an authorized temporary resident or protected person before becoming a permanent resident also count, but as one-half day each, with a maximum of 365 days credit toward physical presence. Temporary resident status includes lawful authorization to enter or remain in Canada as a visitor, student, worker, or temporary resident permit holder. A protected person is someone who has been found to be in need of protection or a convention refugee by the Immigration and Refugee Board, or a person who received a positive decision on a Pre-Removal Risk Assessment from IRCC. 4. Leap Day Inclusion: February 29 (leap day) is counted in either presence or absence. 5. Absence Calculation: Absences are calculated only for days when an applicant spent no time at all in Canada. Days when an applicant left Canada and returned will not be counted as an absence because the applicant was physically present in Canada for a portion of both days. 6. Sentence Serving and Absences: Time spent serving a sentence and absences must be subtracted from the total number of days of physical presence during the five-year period. This would include the days the applicant has been under a probation order, been a paroled inmate, or served a term of imprisonment. 7. Time spent outside Canada: You can count time spent abroad toward the citizenship physical presence requirement if you were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or a provincial/territorial public service. Similarly, time spent outside Canada with your Canadian or permanent resident spouse, common-law partner, or parent who was employed in these roles also counts. Understanding these rules and requirements is essential when applying for Canadian citizenship and calculating physical presence. Meeting the physical presence criteria is a critical step on the path to becoming a Canadian citizen. Differences Between Residency Obligation for Maintaining PR Status and Physical Presence Requirement for Citizenship While both permanent residency (PR) and Canadian citizenship involve residency and physical presence requirements, there are distinct differences between the two. Understanding these disparities is crucial for individuals navigating the Canadian immigration system. Here, we highlight the key

11 Things to Know about Minor Students Studying in Canada

11 Things to Know about Minor Students Studying in Canada Posted onAugust 30, 2023 ByYulin Wang InBlog Introduction Canada has emerged as a favored destination for minor students seeking a world-class education, exceptional quality of life, and a welcoming environment. In this guide, we’ll address the key questions and provide valuable insights for parents considering Canada as their child’s educational destination. 1. Why is Canada a popular destination for minor students? Canada’s popularity as an educational hub for minor students stems from several factors: Quality of Life: Canada consistently ranks high in global quality of life indexes. Its safe and inclusive society, coupled with stunning natural landscapes, offers an ideal environment for young learners. Education Quality: Canadian institutions are renowned for their academic excellence and research contributions. The education system places a strong emphasis on critical thinking and practical learning. Open and Inclusive Immigration Policy: Canada’s immigration policies are designed to welcome skilled individuals and their families. Graduates have pathways to permanent residency, making Canada an attractive long-term option. Worldwide Recognition: Credentials earned in Canada are recognized globally, ensuring that students can compete on an international stage. 2. Can you give a brief introduction of the Canadian educational system for minors? Canada’s educational system for minors is structured as follows: Primary school generally runs from kindergarten or Grade 1 to Grade 7 while secondary school runs from Grades 8 to Grades 12 in most Canadian provinces and territories. Each province has its own education regulations, curriculum, and grading system. This diversity ensures that educational offerings are tailored to local needs. Parents can choose between public and private schools. Public schools are funded by the government and are generally more affordable, while private schools may offer specialized programs and smaller class sizes. The school year usually starts in September and ends in June, with breaks for holidays in between. 3. How much will it cost for a minor to study in Canada? Residents: Children of Canadian citizens, permanent residents, study permit and work permit holders can attend public schools for free. International Students: For international students, costs vary. Tuition fees for international students in public primary and secondary schools can range from $10,000 to $20,000 per year, depending on the province and school. Private schools charge tuitions to local students as well as international students. The fees for private schools can vary widely depending on their location, specialty, whether they are day schools or boarding schools. 4. How does the admission process look like for an international student? Public Schools: Admission requirements vary by province and school. Generally, a minor international student will need to provide ID and transcripts and make an application to the district school board. A request for a certain school in the district can be made, but a spot is not guaranteed. Private Schools: Private schools may have additional admission requirements. This may include a language proficiency test like IELTS, or an interview with the student and/ or the parents. Some schools charge an application fee as well. 5. How do I select the best school for my child? Choosing a school that best suits your child’s needs requires thoughtful consideration of various factors. Keep in mind that the “best” school is not necessarily the one with the highest rankings, but rather the one that offers an environment where your child can thrive academically, socially, and emotionally. Here are some key points to consider: Academic Programs: Look into the school’s curriculum and teaching methods. Does the school offer a range of subjects that align with your child’s interests and aspirations? Consider if the teaching approach, such as project-based learning or a more traditional method, suits your child’s learning style. Extracurricular Activities: A well-rounded education includes opportunities beyond the classroom. Investigate the extracurricular programs the school offers. These could include sports, arts, clubs, and community service. Choose a school that provides activities that resonate with your child’s passions and hobbies. Class Sizes and Teacher-Student Ratios: Smaller class sizes often facilitate better student-teacher interaction and personalized attention. This can be particularly beneficial for minor students adjusting to a new environment. Consider whether your child would thrive in a smaller, more focused setting or a larger classroom dynamic. Location: The school’s location can play a significant role in your child’s daily routine. Consider the commute, transportation options, and the overall accessibility of the school. Proximity to your place of residence and the availability of public transportation might influence your decision. Values and Culture: Every school has its own unique culture and values. Research the school’s mission statement and educational philosophy. Make sure these align with your family’s values and the type of learning environment you want for your child. Support Services: Schools that offer comprehensive support services can greatly benefit students, especially those transitioning to a new country. Look into services such as academic tutoring, counseling, and language support. These resources can contribute to your child’s academic success and emotional well-being. Parent-Teacher Communication: Effective communication between parents and teachers is vital. Research how the school facilitates parent-teacher interaction, such as parent-teacher conferences, regular updates, and online platforms. A school that values parental involvement can create a more collaborative and supportive learning environment. In the end, the “best” school is the one that is the most suitable match for your child’s unique qualities, needs, and aspirations. Take the time to visit schools, attend open houses, and engage with current students, parents, and teachers. Trust your instincts and involve your child in the decision-making process. By considering these factors, you can help ensure that your child’s educational experience in Canada is both fulfilling and enriching. 6. Can international students work in Canada? While some international students are permitted to work off campus without a work permit, most primary and secondary level students are generally not eligible to work. 7. How does the college admission look like if my child graduates from a Canadian secondary school? Admission to colleges and universities typically requires meeting language requirements (often IELTS or equivalent), achieving specific grade levels,