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| Colin R. Singer |
1. Immigration policies and options for Americans to move to Canada
Trump’s immigration policies could prompt many Americans to explore relocation options in Canada. With increased restrictions in the United States, Canada’s welcoming approach may appeal to Americans seeking stability and new opportunities. Canada offers a variety of pathways for skilled workers, entrepreneurs and students. Here’s an overview of some key immigration options available to Americans.
Express Entry: Federal Skilled Worker Program
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- Eligibility criteria: Candidates for FSWP are assessed through a points-based Comprehensive Ranking System (CRS), which considers age, education, work experience and language proficiency in English or French. Meeting the minimum CRS score for a draw qualifies an applicant for an invitation to apply for residency.
- Processing time: Known for quick processing times, Express Entry often takes six months or less from application to decision, making it an attractive route for Americans seeking streamlined pathways.
For skilled professionals from the United States, Express Entry is often the most straightforward route, especially for those with higher education, extensive work experience and language fluency.
The Start-Up Visa program
The Start-Up Visa (SUV) program is an ideal option for American entrepreneurs and innovators who want to establish businesses in Canada. This program provides a pathway to permanent residency for those who meet specific criteria. It recently introduced open work permits for candidates to help them establish themselves in Canada.
- Eligibility requirements: To qualify, applicants must present a viable business idea, secure backing from a designated Canadian organization (such as a venture capital firm, angel investor or business incubator), meet language proficiency requirements and show sufficient funds for settlement.
- Investment and innovation: The SUV program appeals to those in the tech and innovation sectors, where Canadian investor support can drive growth. If Trump’s policies create challenges for U.S.-based startups, the SUV program offers a welcoming environment for American entrepreneurs.
The USMCA (CUSMA) work permits
Through the United States-Mexico-Canada Agreement (USMCA), referred to as CUSMA in Canada, Americans have special access to work permits that don’t require a Labour Market Impact Assessment (LMIA). This process is available to professionals in specific fields and provides a practical option for temporary or long-term work in Canada.
- Eligibility categories: CUSMA permits are open to professionals in fields like engineering, management consulting, technology, finance and health. They also facilitate intra-company transfers, allowing employees of American companies with Canadian operations to transfer smoothly.
- Flexibility and speed: CUSMA permits are usually issued within weeks and are renewable, making them an attractive option for Americans who wish to live and work in Canada with fewer administrative obstacles.
For Americans considering relocation, CUSMA permits provide a direct route into Canada’s workforce without needing an employer-sponsored visa.
Provincial Nominee Programs (PNPs)
Canada’s Provincial Nominee Programs (PNPs) address labour market needs in each province and territory, targeting specific industries with high demand, such as health care, technology and skilled trades.
- Express Entry-Linked PNPs: Many PNPs are linked to Express Entry, expediting permanent residency applications. A provincial nomination provides an additional 600 CRS points, which practically guarantees an invitation to apply for residency.
- Occupation-specific streams: Provinces like Ontario, British Columbia and Alberta target tech professionals while Manitoba and Saskatchewan often focus on skilled trades and health-care workers.
PNPs offer Americans who may not meet high CRS scores in Express Entry a valuable alternative, especially for those with skills in demand in specific Canadian regions.
Global Talent Stream (GTS)
For American tech professionals and those in specialized fields, Canada’s Global Talent Stream (GTS) offers a fast-tracked work permit process aimed at filling labour shortages in innovation-driven industries.
- Expedited processing: Applications under GTS are processed within two weeks, making it one of the quickest pathways to a Canadian work permit.
- Employer-supported: GTS is employer-driven, meaning a Canadian sponsor must support the applicant. This pathway benefits those with specialized skills in software, data science, AI and engineering.
The GTS allows American tech professionals to fill vital positions in Canada’s growing tech industry, offering a swift relocation pathway for those impacted by U.S. visa restrictions.
Self-Employed Persons Program
The Self-Employed Persons Program provides a pathway for individuals with experience in cultural or athletic fields to obtain permanent residency in Canada.
- Eligibility criteria: Applicants must have a background in cultural activities or athletics that supports self-employment in Canada. Examples include artists, musicians, writers, athletes and coaches.
- Self-sustained opportunity: This program suits individuals who can create their own employment, appealing to those with a background in cultural or athletic sectors.
The Self-Employed Persons Program allows American professionals in the arts or sports to establish themselves independently in Canada.
Canadian Study Permits and Post-Graduate Work Permits (PGWP)
For younger Americans or those seeking a career change, studying in Canada offers both quality education and a route to residency.
- Educational opportunities: Canada’s reputable educational institutions support international students, including Americans, who may qualify for study permits to pursue a degree or diploma.
- Post-Graduate Work Permit: After graduation, American students can apply for a PGWP, allowing up to three years of work experience in Canada. This work can later qualify them for permanent residency under Express Entry or provincial programs.
Studying in Canada provides a straightforward way to integrate, enabling Americans to experience Canadian life and enter the workforce.
Family Sponsorship
If Americans have close family members in Canada, they may qualify for residency through Canada’s Family Sponsorship programs.
- Eligibility: Canadian citizens and permanent residents can sponsor spouses, common-law partners, dependent children and, in certain cases, parents or grandparents.
Family sponsorship offers a compassionate path for Americans with Canadian family members, making it easier for families to reunite and settle in Canada.
2. Trade and economic relations
Canada’s economic relationship with the United States is integral and largely guided by the USMCA. The Trump win could lead to revised trade terms, especially if he revisits tariff policies used previously to leverage other policy goals.
- Tariff policies: Canada previously faced tariffs on aluminum and steel exports under Trump. A reintroduction of tariffs could disrupt Canada’s manufacturing sector, raising costs for industries reliant on U.S. exports, such as automotive and aerospace.
- Supply chain diversification: Trump’s “America-first” focus may lead Canadian industries to diversify trade partners, increasing ties with Europe and Asia.
- Canadian dollar volatility: Political uncertainty could affect the Canadian dollar, impacting import costs and price fluctuations.
3. Energy and environment
Energy policy may be a contentious issue between Canada’s climate goals and Trump’s support for traditional energy sectors.
- Keystone XL Pipeline: Trump’s renewed support for the Keystone XL pipeline could revive the debate around Canadian oil sands. While this may benefit some economic interests, Canada’s climate commitments could influence decisions on this project.
- Environmental policy conflicts: Trump’s climate policies, including withdrawal from international agreements like the Paris Accord, could hinder collaborative climate efforts with Canada. Canada’s environmental targets could face challenges with a less eco-focused neighbour.
4. Defence and NATO relations
Canada’s defence policies are closely aligned with the United States, especially within NATO, which Trump has previously pressured members to financially support more significantly.
- NATO funding pressures: With Canada’s defence spending below NATO’s two per cent of GDP target, a Trump administration could press Canada to increase its contributions, prompting Canada to re-evaluate its defence budgets.
- Arctic sovereignty and security: Trump’s focus on Arctic resources may lead Canada to assert its sovereignty, possibly creating collaboration opportunities as well as territorial concerns.
- Bilateral military co-operation: Canada may see shifts in joint initiatives like NORAD, as Trump’s foreign policy priorities evolve.
5. Cross-border security
With Trump’s focus on border security, the U.S.-Canada border may see heightened scrutiny, affecting trade and travel.
- Enhanced border enforcement: Increased inspections could cause delays at crossings, impacting the flow of goods and people, particularly for Canadian businesses.
- Collaborative law enforcement: Strengthened U.S. security may increase intelligence-sharing but could strain Canadian perceptions if policies feel overreaching.
6. Indigenous rights and cross-border projects
Both Canada and the United States have Indigenous communities whose territories cross national borders.
- Pipeline and resource projects: Trump’s support for resource extraction could lead to new cross-border projects, potentially conflicting with Canada’s commitments to Indigenous consultation. This could require Canada to prioritize Indigenous rights.
- Cooperation on Indigenous issues: While Canada has advanced Indigenous rights, Trump’s approach may impact cross-border Indigenous relations, especially in shared territories.
7. Health care and drug pricing
Trump’s policies on healthcare could influence drug pricing and supply in Canada.
- Drug importation: Trump’s push for Canadian drug imports could lead to shortages, prompting Canada to consider safeguarding its drug supply.
- Pandemic and health co-operation: A less collaborative stance on health crises could strain cross-border health efforts.
8. Impact on Canadian politics
Trump’s policies could ripple into Canadian political discourse, influencing populism and other narratives.
- Populism: Trump’s messaging may embolden Canadian populist factions, potentially shaping Canada’s political landscape.
- Canada’s strategic positioning: A Trump presidency might prompt Canada to strengthen ties with Europe and Asia to counterbalance any shifts in U.S. relations.
9. Social implications
Trump’s presidency previously brought heightened polarization in the United States, which may impact social discourse in Canada.
- Immigration sentiment: Trump’s strong immigration stance could inspire similar sentiments in Canada, potentially dividing public opinion.
- Influence on social policy: Canadian discussions on issues like social justice and media transparency could start to echo those in the United States under the Trump administration.
Navigating a Trump presidency
Trump’s re-election poses challenges for Canada across trade, immigration, defence and social policy. Canada has historically shown resilience by diversifying its alliances, maintaining a balanced trade approach and building independent global relationships. As Canada adapts to shifts in U.S. policy under Trump, its diplomatic foresight and flexibility will be essential for navigating these challenges and protecting Canadian interests in a changing political landscape.
Colin R. Singer is immigration counsel for www.immigration.ca. He can be reached via Twitter: @immigrationca.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, LexisNexis Canada, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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