Study abroad

Program delivery update: COVID-19 – Public policy exempting certain out-of-status foreign nationals in Canada from immigration requirements

News release
October 5, 2020—Ottawa—The Honourable Marco E. L. Mendicino, Minister of Immigration, Refugees and Citizenship, today announced details for the opening of the 2020 Parents and Grandparents (PGP) Program, building further on the government’s commitment to reuniting families.

Over a 3-week period, from 12 p.m. EDT on October 13, 2020, to 12 p.m. EST on November 3, 2020, Canadians and permanent residents who wish to sponsor their parents and grandparents to come to Canada will have an opportunity to submit an interest to sponsor form online.

In order to ensure a fair, transparent and equal opportunity for applicants, Immigration, Refugees and Citizenship Canada (IRCC) will randomly select potential sponsors and send them an invitation to submit an application. Selected applicants will have 60 days to submit their application.

Accommodation is available to persons with disabilities who are unable to use the online form. They can request the interest to sponsor form in an alternative format (paper copy, Braille or large print) by contacting the IRCC Client Support Centre at 1-888-242-2100 or by email until November 3, 2020.

Given that many sponsors may have been financially impacted by the exceptional circumstances of the COVID-19 pandemic, IRCC is introducing a temporary public policy that will reduce the income requirement for the 2020 tax year to the minimum necessary income, instead of the minimum necessary income plus 30%.

The government knows how important it is for families to be together, particularly during difficult times. The launch of the 2020 Parents and Grandparents Program builds on the government’s initiatives to prioritize the approval of 49,000 family sponsorship applications by December 31, 2020, as well as last week’s announcement of a process to reunite more families and approve compassionate cases within the current border restrictions.

A maximum of 10,000 applications will be accepted for processing as part of the 2020 PGP intake. In 2021, IRCC will open a new intake of interest to sponsor forms to accept a total of 30,000 new applications.

Employers must pay wages to foreigners who don’t have social insurance numbers
Canada has updated employer compliance rules to specify that foreign workers can still work without a SIN card as long as they are in the process of getting one.

Canada’s immigration department has specified that Canadian employers must pay foreign workers even if they do not yet have their Social Insurance Number (SIN).

Though workers still have to apply for the SIN within three days of starting employment, they do not have to get their number to start working but they have to give it to their employer within three days of receipt.

The Social Insurance Number is a nine-digit number that allows people to work in Canada, or have access to government programs. It is used for identity purposes, and it is illegal for someone to use someone else’s number. Service Canada offers a list of the programs that require a SIN. They also provide a list of circumstances where it is not required since the SIN is a sensitive document. Employers need access to their employees’ SIN after they are hired.

Employer compliance and inspections
In terms of wages, employers must pay foreign workers no less than what is outlined in the offer of employment. Any deductions to a worker’s pay must be stated in the offer. An increase in wages may indicate a change in duties, which could mean the employee is now working in a different occupation than what is stated in the offer. Sometimes an increase in wages also results in employer non-compliance if the increase would have affected the foreign worker’s ability to qualify for the Labour Market Impact Assessment exemption.

While mandatory quarantine requirements are in place, all newcomers to Canada must self-isolate for 14 days. Employers must still pay their employees the wages indicated on the offer of employment during this time.

Employers may be subject to inspections by officials working on behalf of Immigration, Refugees and Citizenship Canada.

Inspections ensure that employers of foreign national workers are upholding their responsibilities, thereby ensuring that workers are not mistreated.

There are three circumstances where an employer could be selected for an inspection:

there is reason to suspect non-compliance;
the employer has been found non-compliant in the past; or
the employer has been selected randomly.
The employer who submits the offer of employment to IRCC to hire a temporary worker will be responsible for meeting the program conditions. They may be selected for inspection at any time after the first day the temporary worker is employed and up to six years after their work permit has been issued.

Employers who had an authorized representative submit offers of employment on their behalf are still responsible for complying with all inspection activities and requests.