I was recently provided with Access to Information Act results that an immigration consultant obtained which lists for 2016, 2017 and Jan – Aug 2018 the number of applications finalized, the approval rate, and the processing time, for the following applications from every IRCC office: Temporary Resident Visa Study Permit Work Permit Electronic Travel Authorisation The results can be found in the embedded PDF below. Here is another PDF which shows the work permit approval rates by country. Here are the approval statistics based on province of destination. And finally, here are the work permit approval rates based on NOC. Finally, the approval rates for Hong Kong and China for temporary residence applications can be found here.
Work Permits for Employers in the Sex Trade
Since July 4, 2012, Minister Instructions have been in place that prohibit temporary foreign workers in Canada from working in a business that is in a sector where there are reasonable grounds to suspect a risk of sexual exploitation of some workers. The Ministerial Instructions define the business sectors where there are reasonable grounds to suspect a risk of sexual exploitation as being strip clubs, escort services and massage parlours. When receiving applications for work permits made by foreign nationals seeking to work in a business that is in a sector where there are reasonable grounds to suspect a risk of sexual exploitation, officers will not process the applications. As well, all work permits advise temporary foreign workers of the restriction, as they typically state “not valid for employment in businesses related to the sex trade such as strip clubs, massage parlours or escort services. Employment and Social Development Canada’s Temporary Foreign Worker Program WIKI provides the following additional guidance. Sex Industry: An employer that engages in striptease, erotic dance, escort services or erotic massage on a regular basis (eg. daily, weekly or monthly). Striptease and erotic dance: activities involving nudity. A business that engages in activities without nudity that may … Read More
Conservatives to End Stripper Visas
The media is reporting that once Bill C-38 passes, the Conservative government has indicated that it will stop issuing work visas to foreign strippers. One of the more insightful reports on the issue is from the Adult Video News’ Ann Oui, who wrote: “Together with other legislation passed this year, provisions under Bill C-38 will take it one step further—all existing temporary work visas to foreign-born strippers will be cancelled, all new applications will be denied and all ‘open’ work visa holders will be barred from working in the adult entertainment industry,” reported the Sun. In spite of the clamor by conservatives, while in power they reportedly granted 496 permits to foreign exotic dancers between 2006 and 2011, and renewed a relatively paltry 100. For Minister of Citizenship and Immigration Jason Kenney, who is blaming the opposition for blocking efforts to amend current law, the number is beside the point. “Now we have the power, which we’ll begin using as soon as those regulations are done this summer, to deny visas to people who we think … might have a high chance of trafficking or exploitation,” he said. That is quite an odd rationalization, however, considering the visas he wants to … Read More
Foreign Worker Protection in British Columbia
Section 9.4 of Annex B of the Canada – British Columbia Immigration Agreement 2015 provides that “if Canada or B.C. determines that there is a real and substantial risk to a foreign worker as a result of an employer not complying with federal or provincial laws, Canada and B.C. will jointly undertake actions to mitigate such risk, including, where appropriate, issuing a new Labour Market Impact Assessment (“LMIA”) through the priority Labour Market Impact Assessment process, or issuing a new work permit without the need for an LMIA provided that the Foreign Worker meets all other requirements of the Immigration and Refugee Protection Regulations (the “IRPR”). On May 4, 2018 the Government of Canada announced how it will apply the LMIA exemption to foreign workers who are at risk as a result of potential employer non-compliance in British Columbia. The policy will be in force until April 7, 2020. The measures are available to all foreign nationals in B.C. who hold an employer-specific work permit for an employer located in B.C. or who are authorized to work without a work permit. Eligibility Under the policy, visa officers may consider issuing a work permit if they have reason to suspect potential employer … Read More
French Citizens Waitlisted for the Young Professionals Program
I recently received a call from a French citizen who was frustrated because they were continuously unsuccessful in the Young Professionals lottery. There was no need for them to be in the lottery, as they would have qualified for Mobilité francophone. As previously explained on my blog here, IRCC has a work permit program specifically designed for Francophones who want to work in a skilled position outside of Quebec. As the Young Professionals Program requires a skilled offer of employment, as long as the French person had a job offer outside of Quebec they would qualify for Mobilité francophone. Here are three basic things to note about Mobilite Francophone. 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.
Biometric Requirements to Enter Canada
On July 31, 2018 Canada is imposing new biometric requirements on individuals wishing to visit Canada. Biometrics refers to the taking of fingerprints and a photograph. Biometrics collection is being expanded to include all persons (with certain exemptions) applying for temporary or permanent residence, including all those applying for a temporary or permanent resident visa or status, work permit, study permit, or temporary resident permit. The Government of Canada is also introducing systematic fingerprint verification for all biometrically enrolled travellers at Canada’s major airports and expand fingerprint verification capacity at additional ports of entry. Finally, Canada will enhance biometric information sharing between Canada and the United States and introduce biometric information sharing with other the Migration 5 partners, which are Australia, the United Kingdom and New Zealand. The change is part of a worldwide trend. More than 70 countries worldwide have implemented or are planning to implement biometrics in their immigration and border programs, including allies such as the United States, the United Kingdom, Australia, New Zealand and the European Union. Who is Required to Provide Biometrics Since 2013, citizens of 29 visa-required countries and one territory have been required to provide biometrics. Biometrics have also been collected from overseas refugee … Read More
Do Cruise Ship Employees Need Work Permits?
Regulation 186(s) of Canada’s Immigration and Refugee Protection Regulations (the “Regulations“) regulates when crew members are permitted to work in Canada without first obtaining a work permit. The Regulations state: R186(s). A foreign national may work in Canada without a work permit as a member of a crew who is employed by a foreign company aboard a means of transportation that (i) is foreign-owned and not registered in Canada, and (ii) is engaged primarily in international transportation Immigration, Refugees and Citizenship Canada (“IRCC“) has published helpful guidance as to how this Regulation is to be interpreted (the “Guidelines“). What is a Member of a Crew As per the Guidelines, on a cruise ship, crew members include: licensed officers: master, first officer, chief officer or chief mate, first engineer or chief engineer, and subordinate officers and engineers; non-licensed crew: ordinary seamen, able-bodied seamen, bosun (deck crew foreman), engine- room crew (oilers and fitters), and kitchen and mess-room staff (cooks, stewards and messmen); and the hotel manager, cruise director, purser, medical staff, managers and staff of the ship’s bars, restaurants, boutiques and casino, as well as house-cleaning staff and entertainers. Crew members do not include: supernumeraries: spouses, children and other dependants of crew … Read More
Promotions Can Impact a Temporary Worker’s Immigration Prospects
A Canadian business is employing a foreign worker. They want to promote them or give them a raise. What could be wrong with that? Quite a few things, as it turns out. There are certain immigration requirements that all employers and foreign worker employees should know before a promotion or raise. Employer compliance in temporary worker program For the employer, the risk of a promotion or raise is that it could run them afoul of the Temporary Foreign Worker Program and/or the International Mobility Program. Unless the foreign worker is on an open work permit that contains no restrictions of employment, all employers need to abide by the information that they provided to Immigration, Refugees and Citizenship Canada (IRCC) as part of the work permit process. In cases where an employer has promoted the foreign worker or otherwise changed their duties, the foreign worker must receive a new work permit before the change is implemented. While the IRCC website specifically cites the examples of a manager being promoted to a director and a technician being promoted to an engineer, all promotions require a new work permit if the promotion results in the employee’s National Occupational Classification code changing. Whether a … Read More
Global Skills Strategy – Short Term (15 or 30 days) Work Permit Exemption
On February 6, 2018 Immigration, Refugees and Citizenship Canada (“IRCC”) clarified how its short term work permit exemption under the Global Skills Strategy would work. Now, the IRCC website provides a much more comprehensive explanation of how the short term work permit exemption under the Global Skills strategy works. General Conditions The short-term (15 or 30 days) work permit exemptions are for certain high-skilled work and apply to foreign nationals coming to Canada to perform work that is both of a short duration (15 consecutive calendar days or 30 consecutive calendar days) and is in an occupation that is listed in skill type 0 (management occupations) or skill level A in the National Occupational Classification (“NOC”) matrix. Such individuals may work in Canada without a work permit. The periods can be as follows: 15 consecutive days (if the foreign national has not been granted a work permit exemption under the Global Skills Strategy facilitating entry into Canada for short-term work in the last 6 months); or 30 consecutive days (if the foreign national has not been granted a work permit exemption under the Global Skills Strategy facilitating entry into Canada for short-term work in the last 12 months). The short-term work permit … Read More
Work Permits for Camp Counsellors
As of March 1, 2017, camp counsellors going to residential camps during the summer season are exempt from the Labour Market Impact Assessment (“LMIA“) requirement. They can apply for work permits once their employers submit their online offers of employment into the employer compliance portal. Religious Camp Counsellors Religious camp counsellors should note that they should not be indicating in their online offer of employment offers that the LMIA exemption code is religious or charitable work under LMIA exemption code C50. Immigration, Refugees and Citizenship Canada (“IRCC”) has determined that the normal work of a camp counsellor (whose primary duties consist of supervising children and leading sports, crafts, games and other recreational activities) is not considered religious in nature. Rather, LMIA exemption code C20 should be used. In the case of a counsellor who is unpaid and who works for a charitable or religious organization, an employer compliance fee fee exemption may apply. To be fee-exempt, the foreign national cannot receive remuneration other than a stipend for living expenses, which, if monetary, should be below the prevailing minimum wage. Otherwise, the foreign national should receive only non-monetary benefits (e.g., accommodation and health care). It is the responsibility of the organization to prove that … Read More