The Department of Employment and Social Development Canada has special Labour Market Impact Assessment rules for concession booth operators.
As per the Guidelines, concession both operators, within the specific context of major touring productions / shows (eg. Disney on ICe, Monster Jam, Ringling Brothers) are classified as National Occupational Classification 0621 – Retail Trade Managers.
Concession booth operators are responsible for planning, organizing, directing, controlling and evaluating the operations of establishments selling merchandise. For concession booth owners / operators / managers working in conjunction with major touring productions / shows, the foreign workers own and operate concession booths as sub-contractors of the production company. They:
- are trained in specific contractual standards on a range of topics, e.g. product knowledge, sales techniques, security; and
- may be required to purchase minimum quotas of licensed products.
At these events, concession sales represent a signficant revenue stream which supports the viability of the main production / show.
The ESDC guidelines state that officers must base their assessment on whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents.
LMIA applications for concession both owners / operators associated with major touring productions such demonstrate that the approval of the LMIA would result in the creation or retention of employment opportunties for Canadians and permanent residents.
Employment can include:
- ticket takers;
- parking lot attendants;
- maintenance staff;
- food / beverage vendors;
- employment and revenues for hotels, restaurants, transportation companies; and,
- print media.
No recruitment or advertisement is required.
The directive does not apply to concession booth owners / operators associated with a mid-way,Read more ›
Regulation 203(3)(b) of the Immigration and Refugee Protection Regulations (the “IRPR“) states:
(3) An assessment provided by the Department of Employment and Social Development with respect to the matters referred to in paragraph (1)(b) shall, unless the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada as a result of the application of subsection (1.01), be based on the following factors:
(b) whether the employment of the foreign national will or is likely to result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;
The Temporary Foreign Worker Manual states that the following principles should guide the assessment of whether the employment of a foreign national will or is likely to result in direct job creation or job retention for Canadian citizens or permanent residents.
First, an officer conducting an analyis of a Labour Market Impact Assessment (an “LMIA”) application should reflect a reasonable and balanced approach ensuring that officers do not base their decision solely on the outcome of one of the seven labour market factors. An employer can receive a positive LMIA even if this factor is assessed to be negative and an employer can receive a negative LMIA even if this factor is assessed to be positive.
Second, for Owner Operator LMIAs, assessing if the entry of a foreign national will result in the development or transfer of skills and knowledge is essential.
Third, the following questions will help guide the assessment of this factor:
- How will the staffing of this position lead to the transfer of skills and knowledge?
- What is the skills or knowledge being transferred or developed?
Last updated on October 20th, 2020
While the assessment of the bona fides of a marriage has long been a requirement in Canada’s family reunification programs, it has traditionally not been a significant factor in temporary residence applications. This has recently changed, especially for those submitting applications to Canadian visa posts in India, and at the start of 2020 there were numerous Federal Court of Canada decisions involving refusals of open spousal work permit applications because of concerns over the genuineness of marriages. Many applicants were also barred from entering Canada for five years due to misrepresentation.
Eligibility for Open Spousal Work Permits
According to the Temporary Foreign Worker Guidelines, a dependent spouse or common-law partner is eligible to apply for an open work permit if the principal applicant:
- holds a work permit that is valid for a period of at least 6 months, or, if working in a work permit exempt position presents evidence that they will be working for a minimum of 6 months;
- is employed in an occupation that falls within National Occupational Classification (NOC) skill type 0 (management occupations) or skill level A or B; and
- physically resides or plans to physically reside in Canada while working.
The principal foreign worker may be employed part-time for the spouse or common-law partner to qualify. Although there is not a standard minimum of hours required, officers have to be satisfied the foreign worker’s employment will be sufficient to financially support themselves and their family members while they are in Canada.
As discussed below, the increase in misrepresentation findings in open spousal work permit applications has been a deliberate Immigration, Refugees and Citizenship Canada (“IRCC”) policy choice.Read more ›
Last updated on June 10th, 2020
In response to the COVID-19 pandemic, the Canadian government has implemented several measures that impact immigration programs and the ability to enter Canada. These include:
- Prohibiting Symptomatic Individuals from Entering Canada
- Restricting who can Travel to Canada from the United States of America
- Restricting who can Travel to Canada Internationally
- Masks During Travel and Self-Isolation Upon Arrival into Canada
- Suspending the Processing of Certain Temporary Residence Applications
- Providing Flexibility for Students
- Introducing new Rules for Employers of Foreign Workers
- Introducing a new Ground of Inadmissibility for Failure to Self-Isolate
- Not Returning Incomplete Permanent Residence Applications
- Suspending the Collection of Biometrics
- Suspending Immigration and Refugee Board Hearings
- Suspending Federal Court Timelines
Please note that the Canadian government is expected to amend its policies as needed in the coming weeks and months and as such we ask that you contact us for advice before relying on the information provided in this memo. Note also that validity of these orders may be extended or cancelled at any time.
- PROHIBITING SYMPTOMATIC INDIVIDUALS FROM ENTERING CANADA
On April 17, 2020 Transport Canada enacted Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6. It provides that any persons exhibiting COVID-19 symptoms will not be allowed to board an aircraft to fly into Canada, regardless of their status in Canada. This includes Canadian citizens.
Air operators are required to do a health check for all air travellers before they board the flight based on guidance from the Public Health Agency of Canada.Read more ›
Regulation 205(b) of the Immigration and Refugee Protection Regulations provides that a work permit may be issued under section 200 to a foreign national who intends to perform work that would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries.
The Immigration, Refugees and Citizenship Canada Guidelines (the “Guidelines”) state that visiting professors may be issued work permits pursuant to R205(b).
To be eligible, an applicant must:
- be applying for a work permit of not more than two academic years;
- to take a position with a post-secondary institution; and
- retain their position abroad.
Visiting professors may also include those on sabbatical who are doing collaborative research with a Canadian post-secondary institution.
The term “retain their position abroad” means that the professor must maintaing their employment abroad as a professor.
Work permits for visiting professors are authorized for a maximum period of two academic years.
Visiting professors are not eligible to extend their work permits under this category, and their employers must apply for a Labour Market Impact Assessment to extend their stay.
Read more ›
Whether an individual is remorseful is a factor in assessing humanitarian & compassionate considerations.
In Pu v Canada (Citizenship and Immigration), 2018 FC 600 Justice Diner held that:
With respect to remorse, the IAD concluded that the Applicant’s remorse was not genuine principally because (a) she had continued to misrepresent her position in 2009, and (b) at the IAD hearing she had attempted to deflect responsibility for her earlier actions. The IAD acknowledged the Applicant’s expressions of remorse at the appeal, but found that she had had since 2009 to take responsibility for her actions, and that the Applicant was ultimately remorseful only for having been caught at the hearing — several years after her initial interview with CBSA, during which she again misrepresented the circumstances of the marriage.
Although the Applicant disagrees that she deflected responsibility at the IAD appeal, I am of the view that the IAD’s findings were reasonably open to it based on the evidence before it. I also note that the IAD’s reasoning is consistent with other areas of law where late-stage accountability can weigh significantly against a party who seeks discretionary relief.
To conclude on this issue, I will cite from the IAD’s comments in Lin v Canada (Minister of Public Safety and Emergency Preparedness), 2017 CanLII 26505 (CA IRB), which are on point for this case:
Remorse is defined as deep regret or guilt for a wrong committed, and a feeling of being sorry for doing something bad or wrong in the past. There are two components to remorse in the context of a misrepresentation: one involves the actions preceding the IAD appeal; and the other is the expression of remorse in testimony at the appeal itself.Read more ›
Last updated on October 13th, 2020
Immigration, Refugees and Citizenship Canada is increasing processing fees.
- Starting in 2020-21, permanent resident processing fees for Economic class applicants increase as follows:
- Fees for principal applicants of the Economic business class (including self-employed, start-up visa, Quebec investor, Quebec entrepreneur, and Quebec self-employed) will increase from $1,050 to $1,575 (an increase of 50%).
- Fees for principal applicants of the Economic non-business class will go from $550 to $825 (an increase of 50%). Note: this increase will not apply to fees for principal applicants and their families in the Caregivers programs, which will remain unchanged.
- Fees for spouses or common-law partners of all Economic classes will go from $550 to $825 (an increase of 50%).
- Fees for dependent children of all Economic classes will go from $150 to $225 (an increase of 50%).
- The right of permanent resident fee will increase from $490 to $500 (an increase of 2%).
- Starting in 2022-2023, on the day of the two-year anniversary of the coming into force of these Regulations and every two years thereafter, selected permanent resident processing fees will be increased every two years by the applicable Consumer Price Index (CPI) increase, rounded to the nearest $5. The approximation assumption being that the CPI is 2% per year on average, but the fees would nevertheless be subject to inflation calculated cumulatively from the time of coming into force. The following prospective fee increases below are provided for illustrative purposes only:
- Permanent resident processing fees for all economic business class principal applicants (including self-employed, start-up visa, Quebec investor, Quebec entrepreneur, and Quebec self-employed) will be increased to approximately $1,640 (projected) in 2022-2023,
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
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