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IMPACT – HIGH
What is the change? Canada is expanding its biometrics program to foreign nationals applying for visitor visas, work or study permits (excluding U.S. nationals), permanent residence or refugee or asylum status.
What does the change mean? Beginning July 31, applicants from Europe, the Middle East and Africa will be required to provide biometrics (fingerprints and a photo) when applying for any of the visas or permits listed above. The requirement will be extended to applicants from Asia, Asia/Pacific and the Americas on Dec. 31.
Background: Canada currently only requires biometrics from select nationalities. Authorities recently announced that they will expand the collection of biometrics beginning this summer. Applicants will only be required to provide biometrics once every 10 years.
The requirement does not apply to Canadian citizens or permanent residents. Exemptions will also be available to children under the age of 14, applicants over the age of 79, visa-exempt nationals who hold a valid Electronic Travel Authorization (eTA) and are traveling as tourists, U.S. visa holders transiting through Canada, and certain high-level government officials traveling on official business.
Refugee claimants or protected persons who have already provided biometrics will not be required to resubmit biometrics when applying for a study or work permit. This rule will also apply to temporary resident applicants who have already provided biometrics as part of a permanent resident application that has not yet been decided. In-country applicants for visas, study or work permits or residence permits will temporarily be exempted from the biometrics requirement until service centers are established in Canada.
BAL Analysis: Employers should take note of the new biometrics policy and ensure their employees are aware of the new requirements when applying for visas or permits after the relevant implementation date.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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