Restructuring of North American Processing Network (Continued) In a previous post, I wrote about how on May 29, 2012, Citizenship and Immigration Canada (“CIC”) restructured its North American Processing Network. The restructuring included the closure of immigration section of the Canadian consualte in Buffalo, as well as the realigninment of Work Permit and Study Permit functions of the Canadian consulates in New York, Los Angeles, Washington D.C., Detroit, and Seattle. For information on those changes, I encourage you to read that post. On June 11, 2012, CIC released a further Operational Bulletin detailing additional changes to which consulates which process Temporary Resident Permit applications, Rehab applications, and Authorization to Return to Canada applications. . Re-Configuring the U.S. Network (TRPs, Rehab, and ARC) Effectively June 18, the Seattle, Detroit, and New York consulates will no longer be processing new TRP, Rehab, and ARC applications. Only the Los Angeles and Washington DC consulates will process new applications in these categories. Furthermore, applicants residing in the United States will not be able to choose which consulate to submit their application to. Applicants living in the United States east of the Mississippi River (including in Puerto Rico, Bermuda, and St. Pierre et Miqueldon) must apply to … Read More
Post-Graduate Work Permits in British Columbia
Lately, I have received numerous enquiries regarding which private post-secondary institutions are eligible to have their students receive Post-Graduate Work Permits (“PGWP“) in British Columbia. Coincidentally, on June 5, 2012, Citizenship and Immigration Canada (“CIC“), issued Operational Bulletin 262 (“OB 262“), which addresses the issue. First, it is important to note the distinction between students enrolled in a degree program at a private post-secondary institution, and students enrolled in a diploma or certificate program. All students in Canadian private institutions which are authorized by provincial statute to confer degrees are eligible to participate in the general PGWP. As well, there is a Pilot Project in British Columbia which provides that diploma and certificate students at certain British Columbia private post-secondary institutions are eligible to receive Post-Graduate Work Permits. The Pilot Project expires on January 31, 2013, and international students accepted into programs of study at participating institutions after August 31, 2012 are not eligible to participate in the pilot. Students who have completed a program of study that is at least eight months or more and received a diploma or certificate in a career training program from the following institutions are eligible to apply under the Pilot Project: Sprott-Shaw Degree College Arbutus … Read More
Accelerated Labour Market Opinions
On April 25, 2012, Human Resources and Skills Development Canada (“Service Canada”) launched two initiatives that will significantly change the process by which Canadian employers interested in hiring foreign workers apply for Labour Market Opinions (“LMO”). These are the Accelerated Labour Market Opinion Initiative (“A-LMO”) and the introduction of online applications. The A-LMO The purpose of the A-LMO is to reduce LMO processing times. Service Canada has indicated that their objective is that A-LMO applications will be processed in 10 business days, a significant reduction from the current average LMO processing time of 2-4 months. In addition to reduced processing times, the A-LMO will also feature: A reduction in the amount of documentation that employers have to submit to Service Canada when they apply for their A-LMO. Significantly, employers will no longer have to submit proof of recruitment. Flexibility on the prevailing wage. A wage of up to 15% less than the prevailing wage for an occupation will be accepted provided that the employer pays similar wages to Canadians and permanent residents employed in the same occupation. A waiver of the mandatory in-depth interview. Eligibility To be eligible to participate in the A-LMO, an employer must: Have been issued at … Read More
Do People in the International Transportation Industry Require Work Permits?
Many people who work for industries that involve the international transport of cargo and passengers frequently enter Canada. These include truck drivers, bus drivers, shipping and airline personnel. We often receive inquiries as to whether these individuals require work permits. Maritime Travel The determination of whether crew on a maritime vessel require a Work Permit to work in Canada depends on whether the vessel meets the definition of “coasting trade” as defined in Canada’s Coasting Trading Act, SC 1992, c 31. The Coasting Trade Act defines “Coasting Trade” as: the carriage of goods or passengers by ship… from one place in Canada… to any other place in Canada… either directly or by way of a place outside Canada. Subject to certain exceptions, when a vessel meets the above definition of “coasting trade”, then the vessel’s foreign crew will require a work permit to work in Canada. The reason is because the vessel is involved in cabotage (domestic transportation of goods and services) activities within Canada’s domestic labour market. A helpful indicator of whether a foreign vessel meets the definition of “Coasting Trade” is whether the vessel is required to possess a coasting trade license. If it does, then it is very … Read More
Alternatives to a Labour Market Impact Assessment
You’ve been working in Whistler on a one-year working holiday visa and you want to stay and work for another season. Or maybe you’re a former post-secondary student in Toronto who has six months remaining on your post-graduate work permit and you want to keep working for your company. Perhaps you’re a foreign worker who just wants to renew your work permit. You start talking to friends and colleagues, and you hear horror stories about what they call a Labour Market Impact Assessment, or LMIA. You learn about the process that companies go through to hire foreign workers, and begin to wonder if your employer will even bother. You start wondering if your future in Canada is as certain as you thought. Do You Need an LMIA? To understand how to approach the application for a Labour Market Impact Assessment it is important to understand the theory behind it, and to determine whether you actually need one. The purpose of Canada’s Temporary Foreign Worker Program is to allow Canadian employers to hire foreign workers on a temporary basis. In order to protect the Canadian Labour Market, the government has determined that Canadian employers must show that it was necessary to … Read More
Immigration Consequences of the Safe Streets and Communities Act
On December 5, the House of Commons passed Bill C-10, also known as the Safe Streets and Communities Act, or the Omnibus Crime Bill. Bill C-10 introduces numerous changes which will affect Canada’s immigration system: Changes to Sentencing Provisions The following table details changes to sentencing provisions which will impact admissibility to Canada. Crime Sentence Immigration Consequence Sexual Interference (touching an individual who is under the age of 16) Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. If Crown proceeds by way of indictment mandatory minimum penalty of 1 year. Conviction results in inadmissibility for serious criminality. Mandatory minimum would result in lack of appeal rights to the IAD Invitation to Sexual Touching (for an individual who is under the age of 16) Remains a hybrid offense with a maximum term of imprisonment of not more than 10 years. If Crown proceeds by way of indictment mandatory minimum penalty of 1 year. Conviction results in inadmissibility for serious criminality. Mandatory minimum would result in lack of appeal rights to the IAD Sexual Exploitation (of a young person) Remains a hybrid offense with a maximum term of imprisonment of not more than 10 … Read More
The Impact of the Temporary Foreign Worker Program on Alberta
In August 2011 Teresa Woo-Paw, the Alberta Parliamentary Assistant to the Minister of Employment and Immigration released a report titled Impact of the Temporary Foreign Worker (TFW) Program on the Labour Market in Alberta. The main thrust of the report was that Alberta’s workforce is projected to be 77,000 workers short between 2002 and 2012, with overall demand outpacing supply from 2015, and that Alberta should implement, and the Government of Canada should facilitate, Alberta implementing a program to attract labour through immigration to address the labour shortage. The report contained numerous recommendations, some of which were accepted by the Alberta government. The Political Back and Forth Between Jason Kenney and the Government of Alberta In response to the report, Thomas Lukaszuk, Alberta’s Minister of Employment and Immigration, recently urged the federal government to remove the annual caps on the number of provincial nominees. The Brooks Bulletin recently reported on Jason Kenney’s, the federal Minister of Citizenship and Immigration, response. According to the Brooks Bulletin, he stated: It would almost result in doubling national immigration levels to Canada when 80 per cent of Canadians are saying immigration levels are already high enough or are too high. I think they are … Read More
Open spousal work permit program expanded in British Columbia
A little known fact in Canada’s immigration system is that a foreign worker’s spouse or common-law partner may be eligible to apply for an “open” work permit that will allow him/her to accept any job with any employer in Canada. For most of Canada, the condition is that the foreign worker must be working in Canada for six months or longer in a job that is skill level 0, A, or B in the National Occupational Classification. On August 15, 2011, the program was significantly expanded in British Columbia under a Pilot Project that will last until February 15, 2013. Spouses and common-law partners of temporary foreign workers engaged in NOC C and D skill categories are now eligible to obtain open work permits. According to OB 337, Applicants must meet the following criteria: The applicant must be a spouse or common-law partner, or a dependent child, of a principal applicant described in sub-section ii below. The principal foreign worker must have been issued an employer-specific work permit that is valid for at least six months for an employer located in BC. Dependent children must be aged 18-22 at the date of application, and eligible to work in BC. Family members … Read More
Croatians Eligible to Work in Canada Under Youth-Mobility Program
On May 10, 2011, the Canada-Croatia Arrangement on Youth Mobility came into effect. Croatia is now the latest country to sign a Youth Mobility agreement with Canada. The arrangement facilitates Croatian citizens between the ages of 18 and 35 to travel and work in Canada without the need for an employer specific work permit or a Labour Market Opinion. There are three specific programs available to Croatians: Working Holiday; Young Professionals; and International Co-Op.
Work Permit and LMOs for Fishing and Hunting Outfitting Operations
Citizenship and Immigration Canada has released an Operational Bulletin clarifying the work permit and Labour Market Opinion requirements for foreign nationals involved to some degree with any fishing or hunting outfitting operations who do not qualify as either a tourist or a business visitor. An outfitter will be eligible for a tourist visitor if no fees are charged. An outfitter will qualify as a business visitor if the outfitter is accompanying clientele from outside of Canada and the foreign national is providing little in the way of services while in Canada. Where the outfitter is charging services, and where the outfitter will be performing services while in Canada, the following chart applies: Characteristic of Outfitter LMO Requirements Sole owner or majority owner Eligible for LMO exemption if there is a significant benefit to Canada. Owner with equal share Eligible for LMO exemption if there is significant benefit to Canada. Non-majority owner Requires LMO and Work Permit as an employee if carrying out “work”. Requires LMO and Work Permit as an employee if carrying out “work”. Non-owner (including guides) In the case of small, the factors to determining whether a seasonal outfitting operation will provide a significant benefit to … Read More