Overview of key immigration updates for Québec

Canadian Mobility: Immigration alert

Implementation of electronic submission of applications

On 22 November 2023, the Ministry of Immigration, Francisation and Integration (MIFI) announced that beginning on 11 December 2023, employers can submit applications online for Quebec Acceptance Certificates (CAQ) and Validated Job Offers (VJO), via the ARRIMA platform. This platform is already in use for other types of applications. Electronic transmission will become mandatory as of 22 January 2024. An exemption will be maintained for certain sectors, such as the agricultural sector. Decisions will be issued electronically as well.

In addition, this change allows for the use of unnamed Labour Market Impact Assessments (LMIA). The use of unnamed LMIAs is highly practical. Where there is a determined need, an employer can seek the necessary LMIA for the occupation in question, even before identifying the foreign national to fill the role(s). It facilitates greater efficiency in workforce planning. Once the identity of the foreign national is known, then the employer can apply for the necessary CAQ to support their work permit application.

Impact:

• Electronic submissions of CAQ applications should help to shorten overall processing times and allow for the simultaneous issuance of LMIA and CAQ approvals.
  
• Employers will have access to a secure platform to submit applications, make payments and communicate with the MIFI.
• The ability to obtain unnamed LMIAs will allow employers to be more strategic and efficient in workforce planning.
  

New French language requirement for foreign nationals under LMIA/CAQ-based work permits

The MIFI will require verbal French language skills at level 4 or above for foreign nationals who have been working in Quebec for three years and seek an extension of their temporary foreign worker status based on an LMIA and CAQ.

Furthermore, employers who seek a CAQ to support new foreign workers will need to commit to supporting the foreign national’s efforts to become more proficient in the French language during normal working hours. The implementation, terms and conditions governing these new requirements have yet to be communicated.

Impact: Foreign nationals, except those within certain sectors, will need to demonstrate verbal French skill at level 4 or higher in the following situations:

• Foreign national is seeking a work permit based on an LMIA and CAQ; and
• Foreign national has already been working in Québec for three years.

To date, work permits that are exempt from LMIA/CAQ are not affected by this requirement.

Reform of economic immigration programs – requiring a proficiency in French

On 7 June 2023, the MIFI proposed regulatory changes to economic immigration programs. These proposals were published in the form of a draft regulation in the Gazette officielle du Québec. Following this publication and pursuant to public consultations, the MIFI made certain adjustments to the proposed regulations. Key reforms are detailed below.

Programme de sélection des travailleurs qualifiés (PSTQ):

• The new Programme de sélection des travailleurs qualifiés (PSTQ) will replace the current Programme régulier des travailleurs qualifiés (PRTQ) on 29 November 2024.
• Under the new PSTQ program, French language proficiency is required for applicants (verbal and in some cases written abilities as well). Accompanying spouses will also need to demonstrate basic oral French language abilities.
• Validated Job Offers will now be valid for a longer period going from a 12-month duration to an 18-month duration.

The delay in the implementation of the new PSTQ provides an opportunity to review the current eligibility criteria and determine if an application should be submitted under the current program where it is best to do so.

Programme de l’expérience québecoise (PEQ) Diplômés:

• The work experience requirment under the existing program has been removed. This has allowed for a wider pool of applicants to be eligible under this program.
• Applicants will need to demonstrate French language proficiency in Level 5.
• New eligibility criteria will come into effect on 23 November 2024. As of this date, to be eligible under this category, a graduate must demonstrate that they have completed studies in French.

Those who would be negatively impacted by the changes should aim to submit their applications before 23 November 2024, where possible.

Other economic immigration programs:

• The new business immigration programs will come into effect on 1 January 2024.
• Québec-based sponsors in Family Sponsorship cases (destined for Québec) will have to confirm that they will support the applicant’s efforts to become proficient in the French language.
  

2024-2025 immigration plan in Québec

The MIFI shared their multi-year immigration planning for 2024 and 2025. The targeted planning period has been reduced to a two year window from the usual four years, in light of the upcoming implementation of the economic immigration programs reform as well as the increasing number of foreign nationals in Québec.

The multi-year immigration plan in Québec for 2024 and 2025 maintains immigration targets at 50,000 annual admissions in economic immigration programs (skilled workers, investors, and entrepreneurs). In addition, the government plans to admit up to 6,500 additional permanent residents beyond the announced levels, targeting graduates of Québec -based institutions.

We are monitoring changes closely and will notify you of any important updates in a timely manner in order to prepare the next steps with you and your employees, if applicable.