The Canada-European Comprehensive Economic and Trade Agreement

On September 21, 2017 the immigration provisions of the Canada-European Comprehensive Economic and Trade Agreement (“CETA”) came into effect.

Chapter 10 of CETA provides for the facilitation of the temporary entry of business persons.  The European Union’s commitments are the most ambitious that the European Union has ever negotiated in a free trade agreement.  For Canada, CETA’s temporary entry provisions contain similar ideas to those contained in the North American Free Trade Agreement (“NAFTA“), although there are very significant differences.

CETA is significant from a Canadian immigration perspective because prospective foreign workers who are eligible for work permits under CETA do not require Labour Market Impact Assessments (“LMIAs“).  This means that companies do not have to first test the Canadian labour market before hiring a foreign worker, nor do they have to commit to labour market bneefits.

Any Canadian businesses seeking to hire United States or Mexican nationals will typically begin by determining whether their prospective employees are eligible for work permits under NAFTA.  When CETA takes affect, the same will be true for Canadian employers hiring citizens from the European Union.

Short Term Business Visitors

Under CETA, there are two categories of business visitors: short-term business visitors and business visitors for investment purposes.  Because CETA business visitors are in some cases more narrowly defined than general business visitors under current Canadian immigration law, officers will apply whichever type of business visitor provision is broader.

Specific examples of CETA short-term business visitors include those conducting independent research and design, those conducting marketing research, those engaged in most types of international sales and purchasing, tourism personnel and translators. It is important to note that the maximum length of stay of short term business visitors under CETA shall be 90 days in any six-month period.

A business visitor for investment purposes is an employee in a managerial or specialist position who is responsible for setting up an enterprise but who does not engage in direct transactions with the general public and will not receive direct or indirect remuneration from a Canadian source.

 

Intra-Corporate Transferee 

The CETA Intra-Corporate Transferee (“ICT”) provisions are similar to existing Intra-Company Transferee provisions.  It allows natural persons who have been employed by an enterprise in the European Union or who have been partners in it for at least one year and who are temporarily transferred to a subsidiary, branch, or parent company in Canada  to obtain work permits.  The natural persons must belong to one of the following categories:

Senior Personnel – these are natural persons working in a senior position within an enterprise who (a) primarily direct the management of the enterprise, a department or sub-division thereof; and (b) exercise wide latitude in decision making, which may include having the authority personally to recruit and dismiss or taking other personnel actions (such as promotion or leave authorisations), and (i) receive only general supervision or direction principally from higher level executives, the board of directors and/or stockholders of the business or their equivalent, or (ii) supervise and control the work of other supervisory, professional or managerial employees and exercise discretionary authority over day-to-day operations.  These individuals will be allowed work permits valid for the lesser of 3 years, or the length of the contract, with a possible extension of up to 18 months.

Specialists – these include natural persons working within an enterprise who possess: (a) uncommon knowledge of the enterprise’s products or services and its application in international markets; or (b) an advanced level of expertise or knowledge of the enterprise’s processes and procedures such as its production, research equipment, techniques or management. These individuals will be allowed work permits valid for the lesser of 3 years, or the length of the contract, with a possible extension of up to 18 months.

Graduate trainees – this ICT provision is unique to CETA, and includes those who: (a) possess a university degree; and (b) are temporarily transferred to Canada for career development purposes, or to obtain training in business techniques or methods.  Graduate trainees will be allowed work permits valid for the lesser of 1 year or the length of the contract, whichever is shorter.

Contractual Service Providers

CETA provides that Canada shall allow the temporary entry and stay of contractual service suppliers.  These are natural persons employed by an enterprise of the European Union that has no establishment in Canada and that has signed a contract to supply a service to a consumer in Canada that requires the presence on a temporary basis of the European Union company’s employee in Canada.  To qualify for a LMIA exemption, the contractual service supplier must:

  • be a citizen of a European Union member state;
  • be engaged in the supply of a service on a temporary basis as employees of an enterprise which has obtained a service contract;
  • be entering Canada as an employee of the enterprise supplying the services for at least the year immediately preceding the date of submission of an application for entry into Canada;
  • generally possess (i) a university degree or a qualification demonstrating knowledge of an equivalent level and (ii) professional qualifications where such qualifications are required to exercise an activity pursuant to the law, regulations or other requirements of Canada, where the service is supplied; and
  • possess three years of professional experience in the sector of activity that is the subject of the contract at the date of submission;

A CETA Contractual Service Provider can work in Canada for a 12-month period every 24 months.

The CETA Professionals Contractual Services Suppliers category applies to all professional and managerial occupations in the following sectors:

  1. Legal advisory services in respect of international public law and foreign law (i.e. non-EU law)
  2. Accounting and bookkeeping services
  3. Taxation advisory services
  4. Architectural services and urban planning and landscape architecture services
  5. Engineering services and integrated engineering services
  6. Medical and dental services
  7. Veterinary services
  8. Midwives services
  9. Services provided by nurses, physiotherapists and paramedical personnel
  10. Computer and related services
  11. Research and development services
  12. Advertising services
  13. Market research and opinion polling
  14. Management consulting services
  15. Services related to management consulting
  16. Technical testing and analysis services
  17. Related scientific and technical consulting services
  18. Mining
  19. Maintenance and repair of vessels
  20. Maintenance and repair of rail transport equipment
  21. Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment
  22. Maintenance and repair of aircrafts and parts thereof
  23. Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods
  24. Translation and interpretation services
  25. Telecommunication services
  26. Postal and courier services
  27. Construction and related engineering services
  28. Site investigation work
  29. Higher education services
  30. Services Relating to Agriculture, Hunting and Forestry
  31. Environmental services
  32. Insurance and insurance related services advisory and consulting services
  33. Other financial services advisory and consulting services
  34. Transport advisory and consulting services
  35. Travel agencies and tour operators’ services
  36. Tourist guides services
  37. Manufacturing advisory and consulting services

Independent Professionals

CETA also allows the temporary entry and stay of independent professionals, which are defined as being self-employed individuals in the European Union who have a contract in Canada.  The independent professionals must:

  • be engaged in the supply of a service on a temporary basis as self-employed persons in Canada;
  • have at least six years professional experience in the sector of activity which is the subject of the contract.
  • possess (i) a university degree or a qualification demonstrating knowledge of an equivalent level and ii) professional qualifications where this is required to exercise an activity pursuant to the law, regulations or other requirements of the Party, where the service is supplied.

A CETA Independent Professional can work in Canada for a 12-month period every 24 months.

The CETA Professionals Independent Professionals category applies to all occupations listed under level “O” and “A” of Canada’s National Occupational Classification in the following sectors:

  1. Legal advisory services in respect of international public law and foreign law (i.e. non-EU law)
  2. Architectural services and urban planning and landscape architecture services
  3. Engineering services and integrated engineering services
  4. Computer and related services
  5. Research and development services
  6. Market research and opinion polling
  7. Management consulting services
  8. Services related to management consulting
  9. Mining
  10. Translation and interpretation services
  11. Telecommunication services
  12. Postal and courier services
  13. Higher education services
  14. Insurance related services advisory and consulting services
  15. Other financial services advisory and consulting services
  16. Transport advisory and consulting services
  17. Manufacturing advisory and consulting services

Importantly, CETA Professionals may not enter under the following sectors:

  • medical and dental services
  • veterinary services
  • midwifery services
  • services provided by nurses, physiotherapists and paramedical personnel
  • higher education services

Investors

Investors who are staying for an extended period in Canada can also obtain LMIA exempt work permits.  Investors are defined as those who:

  • will establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive;
  • are the investor; and
  • are employed by an enterprise that has committed or is in the process of committing a substantial amount of capital.

A CETA investor work permit will be issued for one year, with possible renewals.

The above is just a summary of very complex free trade agreement provisions, and we strongly recommended that prospective applicants under CETA consult the IRCC website or a professional to see whether CETA encompasses them.

More information about CETA can be found here: http://www.cic.gc.ca/english/resources/tools/updates/2017/07041530.asp


Canadian Immigration Embassy Interview Strategies and Tips

When visa officers have concerns regarding a completed application, they often convoke interviews. The interview provides the applicants to address these concerns. In this post I hope to convey to applicants the basic procedural fairness rules that they can expect.
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Personalized vs. Generalized Risk

From the Big Picture

As the political situations in several Latin American countries worsens, there has been a steady increase in the number of refugee cases being decided on the issue of personalized vs. generalized risk.

Section 97(1)(b)(ii) of the Immigration and Refugee Protection Act states that a person in need of protection is a person in Canada whose removal to another country would subject them personally to a risk to their life or to a risk of cruel and unusual treatment or punishment if the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country.

The Federal Court has grappled with how to distinguish between personalized and generalized risk.

Proophete

As noted in Prophète v Canada (Minister of Citizenship and Immigration), 2008 FC 331, the difficulty in analyzing personalized risk in situations of generalized human rights violations, civil war, and failed states lies in determining the dividing line between a risk that is “personalized” and one that is “general”.  What, for example, is the risk to an individual who has been targeted in the past and who may be targeted in the future but whose risk situation is similar to a segment of the larger population?  In Prophète, for example, Madam Justice Tremblay-Lamer, after much deliberation, determined that s. 97 can be interpreted to include a sub-group within the larger one that faces an even more acute risk.

Definition of Generliazed

Further complicating the issue is that there are varying definitions of what the word “generalized” means.  In Osorio v Canada (Minister of Citizenship and Immigration), 2005 FC 1459, Justice Snider reiterated that there is nothing which requires the Immigration and Refugee Board to interpret the word “generally” as applying to all citizens.  She added: “The word ‘generally’ is commonly used to mean ‘prevalent’ or ‘widespread’. Parliament deliberately chose to include the word ‘generally’ in subsection 97(1)(b)(ii), thereby leaving to the Board the issue of deciding whether a particular group meets the definition. Provided that its conclusion is reasonable, as it is here, I see no need to intervene.

In Baires Sanchez v. Canada (Citizenship and Immigration), Justice Crampton further tightened the screws when he stated that in order to show that a risk is not generalized applicants must establish that the risk of actual or threatened similar violence is not faced generally by other individuals in or from that country, and that applicants must demonstrate that the respective risks that they face are not prevalent or widespread in their respective countries of origin, in the sense of being a risk faced by a significant subset of the population.

A good example of this principle can be found in Duarte v. Canada (Citizenship and Immigration), 2017 FC 500.  There, the Federal Court found that unique ineptitude can constitute a form of personalized risk.

Currently, one of the leading case on the matter is Portillo v Canada (Citizenship and Immigration), 2012 FC 678. There, the Federal Court articulated a two-step test for determining generalized vs. personalized test. The Refugee Protection Division (the “RPD“) must first appropriately determine the nature of the risk faced by the claimant which requires an assessment of whether the claimant faces an ongoing or future risk, what that risk is, whether it is one of cruel and unusual treatment or punishment and the basis for the risk. Second, the correctly described risk faced by the claimant must then be compared to that faced by a significant group in the country at issue to determine whether the risks are of the same nature and degree.  As well, it will typically be the case that where an individual is subject to a personal risk to his life or risks cruel and unusual treatment or punishment, then that risk is no longer general.

 

 



Genuineness and Primary Purpose – The Disjunctive Test – Section 4(1) of the Regulations

Regulation 4(1) of the Immigration and Refugee Protection Regulations (“IRPR“) state that:

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b) is not genuine.

There has been developing jurisprudence on the disjunctive nature of IRPR r. 4(1), including a recent Federal Court certified question on whether IRPR 4(1)(a) is ultra vires the Immigration and Refugee Protection Act (“IRPA“), which provides that:

The objectives of this Act with respect to immigration are to see that families are reunited in Canada.

Continue reading “Genuineness and Primary Purpose – The Disjunctive Test – Section 4(1) of the Regulations”


Financial Requirements to Sponsor Family Members

People wishing to sponsor family members to immigrate to Canada generally have to meet numerous requirements.  These include, but are not limited to:

  • Not be subject to a removal order;
  • Not be detained in any penitentiary, jail, reformatory, or prison;
  • Not be in default in respect of any previous undertaking;
  • Not be an undischarged bankrupt;
  • Not be in receipt of social assistance other than for a disability; and
  • Meet the minimum necessary income requirements.

The Minimum Income Requirement

The financial requirement for sponsors is necessary to ensure that sponsors can support their sponsorees for the duration of their sponsorship undertaking.  People sponsoring spouses, common-law partners, conjugal partners, or dependent children are exempted from this requirement.

For all other family sponsorship applications, the sponsor’s income must meet the minimum necessary income requirement as identified annually by Statistics Canada in Low Income Cut Off levels (“LICO”).  The sponsor must meet the cut-off to support all members of a sponsor’s own family, the sponsored person, and the sponsored person’s family members.  This includes non-accompanying family members.

The current LICO rates for 2011 outside of Quebec are:

Size of Family Unit LICO
1 person (sponsor) $22,229
2 people $27,674
3 people $34,022
4 people $41,307
5 people $46,850
6 people $52,838
7 people $58,827
Each additional person $5,989

Excluded from these amounts include, amongst other things, any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits.

The spouse or common-law partner of a sponsor may co-sign an undertaking to help meet income requirements by pooling resources.  Other family members may not co-sign.  A co-signer must meet the same requirements and are subject to the same bars as the sponsor.  They assume the same obligations as the sponsor and become jointly and severally or solidary liable if there is default.

Pursuant to OB 324, and resulting from the Federal Court’s decision in Dokaj v. Canada, where a family member is added to the sponsor’s family during the processing of a sponsorship application, then the changes to both the size of the family unit and the family’s income must be considered where the additional family member is a spouse, common-law partner, or conjugal partner who becomes a co-signer.

Changes in Circumstances

It is extremely important to note that rule 133(1) of the Immigration and Refugee Protection Regulations requires that a sponsor has to be in compliance with the income requirements from the day on which the application is submitted until the day on which a decision is made on the application.

Accordingly, a co-signer may not be added to the sponsorship application if the sponsorship was already assessed and at that assessment, the sponsor failed to meet the sponsorship requirements.

Summary of When a Co-Signer can be Added to an Existing Sponsorship Application

The following is from OB 324, and offers a useful summary for when co-signers can be added to existing sponsorship application.  It also demonstrates how rule 133(1) of the Regulations are interpreted.

  1. In all cases, the sponsor must have met all sponsorship eligibility requirements at the initial sponsorship assessment.
  2. In all cases, a co-signer may not be added after a negative (Not Met) recommendation has been rendered on the initial assessment.
  3. In all cases, a co-signer may not be added after a negative (Not Met) recommendation has been rendered on a reassessment.
  4. CPC-M will add a co-signer after the initial assessment, even if the sponsor did not choose to include the co-signer at initial filing of the sponsorship application, as long as the sponsor met the original financial assessment and all other eligibility requirements on his own.
  5. If the sponsor is given the opportunity to add a co-signer following a change in circumstances and chooses not to do so and a negative recommendation is rendered, on a reassessment, the sponsor cannot then request to add a co-signer.
  6. Although the facts in the Dokaj case were specific to the sponsorship of parents, the re-interpretation of the regulations, allowing the addition of the co-signer after filing, will apply to all family class categories where the financial test is applicable.

 


The Atlantic Immigration Pilot Program

In March 2017 the Government of Canada created several programs to encourage immigration to Eastern Canada through the Atlantic Immigration Pilot Program (the “AIPP“).

The AIPP consists of the following three immigration programs.

  • Atlantic High-skilled Program (“AHSP“)
  • Atlantic Intermediate-skilled Program (“AISP“)
  • Atlantic International Graduate Program (“AIGP“)

In 2017 a maximum of 2,000 applications will be accepted, unless Immigration, Refugees and Citizenship Canada (“IRCC“) decides to increase the cap.  Within the 2,000 cap, a maximum of 646 applications will be processed for people destined for New Brunswick, 792 applications applications will be submitted for people intending to live in Nova Scotia, 442 applications for Newfoundland and Labrador, and 120 applications for Prince Edward Island will be accepted for processing.

The main attractiveness of the program compared to federal immigration programs appears to be lower language requirements and the ability of people working in National Occupational Classification (“NOC“) C to participate.

Provincial Endorsements

In each of the programs listed above, applicants must receive provincial endorsement.

Provinces can only endorse individuals in support of applications for permanent residence made through the paper-based (non-Express Entry) process.Atlantic High-skilled Program.

The PEI designation process is described in detail here.

The Newfoundland designation process is described in detail here.

The New Brunswick designation process is described in detail here.

The Nova Scotia designation process is described in detail here.

Atlantic High-skilled Program

The AHSP is for foreign nationals who intend to reside in an Atlantic province who have the ability to become economically established in that province.

A person is eligible for the AHSP if at the time of their application for permanent residence:

  • they show that they have Canadian Language Benchmark 4 or higher in each of the four language skill areas (listening, reading, speaking and writing);
  • they hold either a Canadian educational credential or both a foreign diploma, certificate or credential and an equivalency assessment confirming the equivalency;
  • they have, in the preceding three years, accumulated at least one year of full-time work experience, or the equivalent in part-time work, in an occupation listed in Skill Type 0 Management Occupations or Skill Level A or B of the NOC matrix;
  • they have received from a recognized employer — that is, an employer that is designated by an Atlantic province in accordance with an immigration agreement to make employment offers — an offer of employment that (a) they are able to perform and likely to accept and carry out, (b) they meet the relevant employment requirements of the occupation as set out in the National Occupational Classification except for certification requirements in the case of regulated occupations and (c) (i) the offered employment is full-time, non-seasonal work having a duration of at least one year, and (ii) in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the NOC matrix;
  • they have been endorsed by an Atlantic province in accordance with an immigration agreement and they intend to reside in that province; and
  • in the case of a foreign national who is not already working in Canada, they have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published by Statistics Canada under the Statistics Act for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income necessary to support the foreign national and their family members, whether they are accompanying the foreign national or not.

If the foreign national is in Canada at the time of their application for permanent residence, they must have temporary resident status.

In order for the visa to be issued the offer of employment described above must still be valid or the foreign national must be occupying employment that meets same that is to last for a period of at least one year beginning on the day on which the permanent resident visa is issued.

As well, the endorsement referred to above must have been issued within the preceding six months and must not have been revoked by the issuing province.

Any periods of self-employment will not be included when calculating the period of qualifying work experience.

Work experience acquired during a period of study is allowed, as long as the work hours did not exceed what they were authorized to do.

Atlantic Intermediate-skilled Program

The AISP is for foreign nationals who intend to reside in an Atlantic province who have the ability to become economically established in that province.

A person is eligible for the AISP if at the time of their application for permanent residence:

  • they show that they have Canadian Language Benchmark 4 or higher in each of the four language skill areas (listening, reading, speaking and writing);
  • they hold either a Canadian educational credential or both a foreign diploma, certificate or credential and an equivalency assessment confirming the equivalency;
  • they have, in the preceding three years, accumulated at least one year of full-time work experience, or the equivalent in part-time work, in an occupation listed in Skill Type C of the National Occupational Classification matrix;
  • they have received from a recognized employer — that is, an employer that is designated by an Atlantic province in accordance with an immigration agreement to make employment offers — an offer of employment that (a) they are able to perform and likely to accept and carry out, (b) they meet the relevant employment requirements of the occupation as set out in the NOC except for certification requirements in the case of regulated occupations and (c) (i) the offered employment is full-time, non-seasonal work having a duration of at least one year, and (ii) in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A, B or C of the NOC matrix;
  • they have been endorsed by an Atlantic province in accordance with an immigration agreement and they intend to reside in that province; and
  • in the case of a foreign national who is not already working in Canada, they have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published by Statistics Canada under the Statistics Act for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income necessary to support the foreign national and their family members, whether they are accompanying the foreign national or not.

If the foreign national is in Canada at the time of their application for permanent residence, they must have temporary resident status.

In order for the visa to be issued the offer of employment described above must still be valid or the foreign national must be occupying employment that meets same that is to last for a period of at least one year beginning on the day on which the permanent resident visa is issued.

As well, the endorsement referred to above must have been issued within the preceding six months and must not have been revoked by the issuing province.

Any periods of self-employment will not be included when calculating the period of qualifying work experience.

Work experience acquired during a period of study is allowed, as long as the work hours did not exceed what they were authorized to do.

Atlantic International Graduate Program

The AISP is for foreign nationals who intend to reside in an Atlantic province who have the ability to become economically established in that province.

A person is eligible for the AISP if at the time of their application for permanent residence:

  • they show that they have Canadian Language Benchmark 4 or higher in each of the four language skill areas (listening, reading, speaking and writing);
  • they have in the preceding 12 months obtained, as a full-time student, a post-secondary Canadian educational credential that is from an eligible two-year program offered;
    • Acadia University;
    • Atlantic School of Theology;
    • Cape Breton University;
    • Collège communautaire du Nouveau-Brunswick;
    • Collège de l’Île;
    • College of the North Atlantic;
    • Dalhousie University;
    • Holland College;
    • Maritime College of Forest Technology;
    • Memorial University of Newfoundland;
    • Mount Allison University;
    • Mount Saint Vincent University;
    • New Brunswick College of Craft and Design;
    • New Brunswick Community College;
    • Nova Scotia College of Art and Design;
    • Nova Scotia Community College;
    • Saint Francis Xavier University;
    • Saint Mary’s University;
    • Saint Thomas University;
    • University of King’s College;
    • University of New Brunswick;
    • Unversite de Moncton;
    • University of Prince Edward Island; or
    • Universite of Sainte-Anne;
  • they had been physically present in the Atlantic province where the institution that granted the Canadian credential is located for at least 16 months during the 24 months preceding the day on which that credential was granted, had temporary resident status for the entire period during which they were obtaining it and had authorization for any work or study they engaged in during that entire period;
  • they have received from a recognized employer — that is, an employer that is designated by an Atlantic province in accordance with an immigration agreement to make employment offers — an offer of employment that (a) they are able to perform and likely to accept and carry out, (b) they meet the relevant employment requirements of the occupation as set out in the NOC except for certification requirements in the case of regulated occupations and (c) (i) the offered employment is full-time, non-seasonal work having a duration of at least one year, and (ii) in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A, B or C of the NOC matrix;
  • they have been endorsed by an Atlantic province in accordance with an immigration agreement and they intend to reside in that province; and
  • in the case of a foreign national who is not already working in Canada, they have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published by Statistics Canada under the Statistics Act for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income necessary to support the foreign national and their family members, whether they are accompanying the foreign national or not.

Only certain educational credentials are eligible for the AIGP. An educational credential is not eligible if the credentials were obtained in a study or training program where:

  • the study of English or French as a second language was at least half of the program;
  • distance learning was at least half of the program; or
  • where a scholarship or fellowship stipulated that the recipient return to their home country to apply the knowledge and skills gained.

If the foreign national is in Canada at the time of their application for permanent residence, they must have temporary resident status.

In order for the visa to be issued the offer of employment described above must still be valid or the foreign national must be occupying employment that meets same that is to last for a period of at least one year beginning on the day on which the permanent resident visa is issued.

As well, the endorsement referred to above must have been issued within the preceding six months and must not have been revoked by the issuing province.

New LMIA Exemption

Foreign nationals who receive a job offer from an employer and a Referral Letter issued by one of the Atlantic Provinces may be eligible to apply for a one-year Labour Market Impact Assessment (LMIA)-exempt employer-specific work .

To be eligible for a temporary work permit, foreign nationals will need

  • a valid job offer
  • a referral letter from a province, and
  • a commitment to apply for permanent residence within 90 days of submitting the temporary work permit application.

Secret Evidence Used Against Me? (On Extrinsic Evidence) [Updated]

Where immigration officers have extrinsic evidence particular to an applicant, and that applicant is unaware that the immigration officer has that evidence, then procedural fairness requires that immigration officers disclose this evidence to the applicant.
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