Prospective temporary foreign workers in addition to deciding which work permit program they will apply to also need to decide how they will apply for their work permit. There are generally two options. The first is to apply either online or at a Visa Application Center to Immigration, Refugees and Citizenship Canada (“IRCC”) and wait for it to be approved before travelling to Canada. The second is to submit the application to the Canada Border Services Agency (“CBSA”) when entering Canada. There are advantages and disadvantages to each approach. The Initial Work Permit Foreign nationals who need a temporary resident visa to visit Canada must submit their work permit applications either online or at a Visa Application Center before they travel to Canada. However, those who do not require a temporary resident visa to visit Canada can apply in person at a port of entry. There are many advantages to applying at a port of entry, and it is typically the preferred approach. First, while IRCC’s work permit processing times range from two weeks to several months, the CBSA will process work permits on the spot. Second, many applicants prefer interacting face to face and speaking with the person who … Read More
LMIA Exemption for Francophones
Immigration, Refugees and Citizenship Canada (“IRCC“) has a program to facilitate the ability of francophone foreign workers to enter Canada. The benefit of the program, called Moibilte Francophone, is that no Labour Market Impact Assessment (“LMIA“) is required. This means that employers of prospective francophone foreign workers do not need to pass a labour market test in order to employ francophone foreign workers. To qualify for the LMIA exemption, applicants must: apply at a visa office outside Canada; be going to work in an occupation which falls under National Occupation Classification 0, A or B; have French as his/her habitual language; and be destined to a province other than Quebec. Here are some other key things to note about the program. 1. Recruitment through a francophone immigration promotional event coordinated between the federal government and francophone minority communities is no longer required. Previously, participation in Moibilte Francophone was restricted to prospective foreign workers recruited through government promotional events. This requirement, which the government interpreted incredibly broadly in any event, is no longer the case. Previously, the program worked as follows: 2. Habitual French speaking abilities are required, but not for the job. To approve the work permit application officers must be satisfied … Read More
Work Permits for Vulnerable Workers
Section 207.1 of the Immigration and Refugee Protection Regulations (the “IRPR”) states that (modified for ease of reading): 207.1 (1) A work permit may be issued under section 200 to a foreign national in Canada if there are reasonable grounds to believe that the foreign national is experiencing or is at risk of experiencing abuse in the context of their employment in Canada and if they (a) hold a work permit; or (b) previously held a work permit, have applied for a renewal of that permit and are authorized to work in Canada under implied status. Family member of vulnerable worker (2) A work permit may be issued to a foreign national in Canada who is a family member of a person described in paragraph (1)(a) or (b). In other words, temporary foreign workers in Canada who are experiencing, or have experienced abuse, can apply for open work permits. People who have engaged in unauthorized work or have not complied with employment conditions are not excluded from the program. The objectives of IRPR r. 207.1 are to: provide migrant workers who are experiencing abuse, or who are at risk of abuse, with a distinct means to leave their employer; mitigate the … Read More
Work Permit Conditions
A work permit is a document that allows a foreign national to work legally in Canada. It has rules or ‘conditions’ that the worker must follow, and often contains other “additional information” and “remarks.” Conditions vs. Remarks The conditions of a work permit specifically tell a foreign national what they can and can’t do. For example, it might say that they can only work at one particular place and nowhere else. Sometimes, there are details on a work permit that are just ‘additional information’ or ‘remarks.’ These are not the same as conditions. They give more information but don’t necessarily have rules you must follow. Location of Work Location of work is not automatically imposed by operation of law. If a work permit has the name of a work location in the ‘additional information’ part but doesn’t say as a condition that the foreign national “are not authorized to work at any other location,” this means that they can change geographic locations of work. This is unlike “employer” or “occupation” which are imposed.
Intra-Company Transferees and Start-Ups
Immigration Refugees and Citizenship Canada’s (“IRCC“) International Mobility Program provides that a foreign worker may be issued a work permit without the employer needing a Labour Market Impact Assessment if the employee meets the requirements of the Intra-Company Transferees (“ICT“) program. Although some free trade agreements contain specific requirements, the general ICT rules applicable to citizens of all countries are that ICTs must: be currently employed by a multi-national company and be seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise; be transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline); be being transferred to a position in an executive, senior managerial, or specialized knowledge capacity; have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application; and be coming to Canada for a temporary period only. … Read More
Work Permits for Colombians
The following are standard operating procedures for the Canadian visa office in Bagota for work permit pre-assessment.
Significant Benefit Work Permits C-10
Most work permit applicants to Canada will typically need their potential employer to first obtain a positive or neutral Labour Market Impact Assessment (“LMIA“) before they apply for their work permit. This is an arduous process which generally requires that the potential employer conduct recruitment, pay a $1,000.00 processing fee, a mandatory interview, and uncertainty for a period of several weeks to months. However, there are several exemptions to the LMIA requirement. One of these exemptions is where the entry of the prospective foreign worker would create or maintain significant social, cultural, or economic benefits or opportunities for Canadian citizens or permanent residents. These work permits are typically known as Significant Benefit Work Permits, or C-10 Work Permits. Legislation Regulation 205(a) of the Immigration and Refugee Protection Regulations (IRPR) states: A work permit may be issued under section 200 to a foreign national who intends to perform work that (a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents Guidance The general requirement of a C-10 work permit is that it “should not be used for the sake of convenience, nor in any other manner that would undermine or try to circumvent the importance of … Read More
What is Unauthorized Work
Canada’s Immigration and Refugee Protection Act states that a foreign national may not work or study in Canada unless authorized to do so. The Immigration and Refugee Protection Regulations define work as “an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.” Wages and Commission Wages includes salary or wages paid by an employer to an employee, remuneration or commission received for fulfilling a service contract, or any other situation where a foreign national receives payment for performing a service. It is clear that an individual who receives payment for services would be working under Canadian immigration law. Activities that Compete Directly The IRCC Guidelines states that for unpaid work officers must consider whether there is entry into the labour market. The two relevant factors that officers are to assess are: Will they be doing an activity that a Canadian or permanent resident should really have an opportunity to do? Will they be engaging in a business activity that is competitive in the marketplace? The IRCC Guidelines further states that the following are examples of activities that constitute work. a foreign technician … Read More
International Experience Canada
International Experience Canada (“IEC“) provides young individuals the opportunity to travel and work in Canada. The program has grown considerably since it was introduced in 1951, and in 2016 IEC comprised 22% of International Mobility Program (“IMP“) work permits, making it the largest component of the IMP. The IEC Programs Participation in IEC is currently available to the citizens of 34 countries that have a bilateral youth mobility arrangement (a “YMA“) with Canada. The three most common IEC programs are the Working Holiday Program (the “WHP”), the Young Professionals Program (the “YPP“) and the International Co-op Internship (the “IEC Co-Op“). While eligibility requirements vary somewhat for each country, participation is typically open to young adults between the ages of 18 to 30 or 35. Under the WHP, participating young adults obtain open work permits which allow them to work anywhere in Canada. This is the largest IEC stream, and comprises 81% of IEC. Under the YPP, participating young adults can obtain employer-specific work permits if they have a job offer that contributes to their professional development related to their field of study and work for the same employer for the duration of their stay. Under the IEC Co-Op, participating young … Read More
Assessing the Genuineness of a Work Permit Offer of Employment
Canada’s Immigration and Refugee Protection Regulations (the “IRPR“) states that a work permit application must be refused if an officer determines that the offer of employment is not genuine. Section 200(5) of the IRPR states that in order to determine whether an offer of employment is genuine an officer should consider (a) whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made, (b) whether the offer is consistent with the reasonable needs of the employer, (c) whether the terms of the offer are terms that the employer is reasonably able to fulfill, and (d) the past compliance of the employer with federal or provincial laws that regulate employment. Immigration, Refugee and Citizenship Canada’s (“IRCC“) guidelines contain extensive instructions to officers on assessing the genuineness of the offer of employment on a work permit application. Actively Engaged In order to demonstrate that an employer is actively engaged in the business an employer must do all of the following: have an operating business; provide either a good or a service; and have a physical work location in Canada where the temporary worker will work. The following are some red flags that … Read More