On March 27, 2009, Citizenship and Immigration Canada (“CIC”) began testing its Application Form for a Temporary Resident Visa [IMM 5257B Pilot Project] and its accompanying Schedule 1 at select overseas missions. However, this application form could not be saved electronically and the information on the form could not be scanned into existing CIC systems.

As CIC’s Global Case Management System (“GCMS”) is deploying this year to extend case processing capabilities overseas, a new Temporary Resident Visa (“TRV”) application form is being implemented. Bar codes have been created on the TRV application form to facilitate data entry into GCMS.

This new TRV application form is the first electronic application form for overseas applicants which can now be saved electronically by the applicant. Once the new TRV application form has been successfully implemented, the student and worker application forms will be next, followed by other lines of business.

The implementation of this new TRV application form mirrors similar efforts by the U.S. Department of State, which initially implemented a bar-coded Form DS-156 for visa applications. It later implemented a web-based online Form DS-160 to replace Form DS-156, although Form DS-160 continues to suffer from bugs and is frustrating to complete.

Effective October 14, 2010, a new Application for Temporary Resident Visa Made Outside of Canada [IMM 5257] form, the corresponding Instruction Guide [IMM 5256], Family Information [IMM 5645] form, Schedule 1 [IMM 5257-Schedule 1] and Document Checklist [IMM 5484] will be made available to all clients. Each individual applicant must complete and sign the new Application for Temporary Resident Visa Made Outside of Canada [IMM 5257] form. This means that Principal Applicants can no longer complete an application form on behalf of all accompanying family members. Consequently, each applicant aged 18 and over must complete and sign their respective application form (i.e., a family of three will submit three individual forms). Those applicants under the age of 18 must have a parent or a guardian sign on their behalf. All family members must be indicated on the new Family Information [IMM 5645] application form. This form must be completed by all applicants aged 18 and over who are travelling to Canada and who require a TRV.

The new TRV application form must be accessed electronically and applicants can save a partially completed application form. To assist applicants to accurately complete the new IMM 5257, they will be prompted electronically as they complete the new TRV application form.

The new TRV application form facilitates data entry into GCMS by incorporating barcodes which will be generated when applicants complete their form electronically. The barcodes will only appear on the IMM 5257 application form once all required information has been correctly completed and the validate button (located at the top and bottom of the application form) has been pressed. The barcodes, which will print on the last page of the form, will contain all of the data entered by the applicant, and may be scanned for direct upload into GCMS.

On September 30, 2010, regulatory amendments came into force that require applicants to successfully demonstrate a broad knowledge of Canada and of the responsibilities and privileges of citizenship. These updated regulations allow Citizenship and Immigration Canada the flexibility to test applicants on a greater variety of topics included in Discover Canada and provides flexibility in the development of future questions.

With the coming into force of these new regulations, applicants are considered to have an adequate knowledge of Canada if they demonstrate that they know the national symbols of Canada and have a general understanding of the following subjects:

1. The chief characteristics of Canadian political and military history;
2. The chief characteristics of Canadian social and cultural history;
3. The chief characteristics of Canadian physical and political geography;
4. The chief characteristics of the Canadian system of government as a constitutional monarchy; and
5. Characteristics of Canada, other than those referred to above.

Also, applicants are considered to have an adequate knowledge of the responsibilities and privileges of citizenship if they demonstrate they have a general understanding of the following subjects:

1. Participation in the Canadian democratic process;
2. Participation in Canadian society, including volunteerism, respect for the environment and the protection of Canada’s natural, cultural and architectural heritage;
3. Respect for the rights, freedoms and obligations set out in the laws governing Canada; and
4. Any of the responsibilities and privileges of citizenship other than those referred to above.

These regulatory changes promote an enhanced understanding of Canadian identity and values and of the responsibilities of citizenship.

Previously, the citizenship test contained certain mandatory questions which needed to be answered correctly by applicants in order to pass the test. The three mandatory questions tested applicants on the following:

1. The right to vote;
2. The right to run for elected office; and
3. Voting procedures related to elections.

However, because Section 15 of the Citizenship Regulations now specifies that applicants are required to have sufficient knowledge of a broad range of topics, the inclusion of mandatory questions in the citizenship test will no longer be in effect as of October 14, 2010.

On September 1, 2010, Citizenship and Immigration Canada announced revisions to its list of designated countries/territories for the purposes of Section 30 of the Immigration and Refugee Protection Regulations.

According to R30, individuals who are seeking entry into Canada for a period of greater than six months and who have resided or sojourned, at any time during the one year period immediately preceding the date of seeking entry, for six consecutive months in a designated country/territory, are required to undergo an immigration medical examination. In addition, regardless of the intended period of stay in Canada, a foreign national who is seeking to work in Canada in an occupation in which the protection of public health is essential will require a medical examination if they are on the list of designated countries.

A designated country/territory is defined as a country/territory with a three year average estimated sputum smear positive pulmonary tuberculosis (TB) incidence rate equal to or greater than 15/100,000. To be considered for removal from the designated country/territory list, a country or territory must remain below the average threshold for three consecutive years.

The following countries/territories were added to the designated country/territory list: (1) Greenland, (2) Nauru, (3) Tuvalu, and (4) and Wallis Futuna. In addition, the following countries/territories were removed from the designated country/territory list: (1) Ascencion, (2) Austral Islands, (3) Azores, (4) Bahamas, (5) Balearic Islands, (6) Bora Bora, (7) Bulgaria, (8) Canary Islands, (9) Chagos Archipelago, (10) Christmas Island, (11) Croatia, (12) Easter Island, (13) Estonia, (14) French Guiana, (15) Gambier Islands, (16) Huahine, (17) Iran, (18) Johnston Atoll, (19) Kerguelen Islands, (20) Loyalty Islands, (21) Macedonia, (22) Madeira, (23) Makatea, (24) Marquesas Islands, (25) Maupiti, (26) Mauritius, (27) Mexico, (28) Midway Island, (29) Montenegro, (30) New Caledonia, (31) Northern Sinai, (32) Oman, (33) Raiatea, (34) Reunion, (35) Saudi Arabia, (36) Serbia, (37) Singapore, (38) Society Archipelago, (39) St. Helena, (40) Syrian Arab Republic, (41) Tahaa, (42) Tahiti, (43) Tristan Da Cunha, (44) Tuamotu Archipelago, (45) Wake Island, and (46) West Bank and Gaza Strip.

All visitors to Canada require a Temporary Resident Visa (“TRV”), except in such cases as prescribed by the Immigration and Refugee Protection Regulations (“IRPR”). A comprehensive review of the conditions and trends in Taiwan was conducted and information was gathered during a technical visit in 2009. As a result of the positive trends identified in the review, Citizenship and Immigration Canada (“CIC”) has lifted the visa requirement for holders of an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual.

Effective November 22, 2010, subsection 190(2) of the IRPR was amended to create an exemption from the visa requirement for holders of an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual. Following the coming into force of the amendment to the regulations, overseas offices will no longer process any TRV applications submitted by holders of an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual.

Taiwan also issues a return certificate that functions as an emergency passport, similar to the Canadian Emergency Travel Document. CIC is not exempting holders of the return certificate from the visa requirement. Should a person seek to transit or enter Canada with such a document, a TRV is required, unless the holder qualifies and meets the conditions of the Transit Without Visa Program (“TWOV”) or China Transit Trial (“CTT”).

Holders of passports that:

1. Do not contain a personal identification number; or
2. Are not issued by the Ministry of Foreign Affairs in Taiwan

are required to obtain a TRV prior to travelling to Canada, unless they qualify for the TWOV program or CTT pilot. These passports are often referred to as compatriot passports.

Existing permit holders of valid permits who are holders of an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual should be advised that:

1. If they left Canada and are still holding a valid work or study permit which has been used to enter Canada, they do not need a TRV to return to Canada; or
2. If they are in Canada and holding a valid work or study permit which has been used to enter Canada, they may remain in Canada and continue to work or study according to the validity dates of their permit.

As of November 26, 2010, approximately 50,400 H-1B cap-subject petitions were receipted. Additionally, United States Citizenship and Immigration Services (“USCIS”) has receipted 18,400 H-1B petitions for aliens with advanced degrees.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. The current annual cap on the H-1B category is 65,000. However, some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Others are completely exempt from the numerical limits.

Please note that up to 6,800 H-1B numbers may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

For further information regarding the H-1B category, please review our H-1B article, which is available here.

As of November 26, 2010, United States Citizenship and Immigration Services (“USCIS”) receipted 20,579 petitions, toward the 33,000 H-2B cap amount for the first half of the fiscal year. This count includes 17,743 approved and 2,836 pending petitions.

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a statutory numerical limit, or “cap,” on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.

Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap. Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap. Additionally petitions for the following types of workers are exempt the H-2B cap:

1. Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
2. From November 28, 2009 until December 31, 2014, workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.

On November 10, 2010, Citizenship and Immigration Canada (“CIC”) published regulations in the Canada Gazette, which reinstate the Canadian Federal Immigrant Investor Program (“IIP”). These regulations came into force on December 1, 2010.

On June 26, 2010, CIC published proposed regulations in the Canada Gazette, which would increase the personal net worth and investment amounts utilized by the IIP. Under the proposed regulations, the investment required under the IIP would increase from $400,000.00CAD to $800,000.00CAD. In addition, the personal net worth required to qualify under the IIP would increase from $800,000.00CAD to $1.6 Million CAD.

CIC also published Ministerial Instructions in the Canada Gazette, which established a moratorium on new IIP applications from June 26, 2010, until the date that the final regulations became effective. According to the Ministerial Instructions, no applications under the program were to be accepted unless they were post-marked or received by CIC before June 26, 2010. The stated purpose of the moratorium was to mitigate the growing surge in such applications under the lower investment and personal net worth levels.

According to CIC, a net worth of $800,000CAD in 1999 was considered substantial enough to attract applicants with the financial wherewithal and expertise to make a significant positive economic contribution to Canada. However, due to increasing global wealth, CIC believed that a net worth of $800,000 was now within easy reach of a modest property owner in a large city, who may not have other transferable resources as originally envisioned. In addition, CIC stated that most other countries with similar programs now required an investment closer to $1 Million CAD.

The new regulations, which were published on November 10, 2010, reinstate the IIP and implement the higher investment and net worth levels that were initially announced on June 26, 2010. As of December 1, 2010, applicants under the IIP are required to invest $800,000CAD and to establish a personal net worth of $1.6 Million CAD.

On June 14, 2010, Opportunities Ontario (Ontario’s Provincial Nominee Program) announced a new pilot program for Ontario graduates holding Masters degrees. International students who have graduated from a publicly funded Ontario university with a Masters degree can now apply for permanent residence without a job offer under the Pilot International Masters Graduate Stream.

In order to apply to Opportunities Ontario as an international Masters graduate in Ontario, students must:

1. Intend to live and work in Ontario;
2. Have graduated from an existing Masters program at an eligible publicly funded university in Ontario;
3. Have completed a minimum of one academic year degree program, while studying on a full-time basis;
4. Apply within two years of the date on which their Masters degree was granted, or in the alternative, during the last semester of completing their degree;
5. Currently be residing in Ontario;
6. Have legal status in Canada (i.e. study permit, work permit, temporary resident visa)
7. Demonstrate high official language proficiency (For English language proficiency – IELTS – General test with a minimum score of 7 or higher) (For French language proficiency – TEF – with a minimum score of 5 or higher);
8. Demonstrate a minimum level of savings/income to support themselves and their dependants; and
9. Demonstrate at least one year of residence in Ontario in the past two years. International students subsidized through the Canadian International Development Agency grants or home country scholarship with return obligations will not be eligible for Opportunities Ontario unless such obligations have been fulfilled.