The Ministry of Employment and Social Development (“ESDC”) has announced that there will be several changes to the Temporary Foreign Worker Program (“TFWP”) that will take effect on April 30, 2015. The changes are: Implementation of new High and Low-wage Streams Updating the Provincial / Territorial Median Hourly Wages Increasing Worker Protections Modifying the Method for Calculating the Cap on Low Wage Positions Implementing the Labour Market Impact Assessment (“LMIA”) system fully in Quebec Updating Regions of Refusal to Process
Increased Fees and Compliance in the International Mobility Program
On February 11, 2015, the Government of Canada publicized amendments to the Immigration and Refugee Protection Regulations that affected most applicants in the International Mobility Program (the “IMP“). The IMP includes all streams of work permit applications that are exempt from the Labour Market Impact Assessment (“LMIA“) process, including workers covered by free trade agreements, people participating in exchange programs like International Experience Canada (“IEC“), provincial nominees, intra-company transferees, post-graduate work permit holders, etc. In reviewing the changes described below, it is important to understand the distinction between a closed work permit and an open work permit. A closed work permit limits a foreign worker to a particular employer. An open work permit allows the foreign worker to work for any employer. The changes consist of: Requiring that employers of prospective closed work permit holders in the IMP provide information to Citizenship and Immigration Canada (“CIC“) before their prospective employees apply for work permits; Requiring that employers of prospective closed work permit holders pay a $230.00 “employer compliance fee” per employee before their prospective employees apply for work permits; and Introducing a new $100.00 “privilege fee” on open work permit applicants. The Government of Canada has announced that the above changes … Read More
The Canada-European Union: Comprehensive Economic and Trade Agreement
On September 26, 2014, Canada and the European Uniona agreed to adopt the The Canada-European Union: Comprehensive Economic and Trade Agreement (“CETA“), with the goal at the time being that the agreement will take effect in 2016. While that ultimately did not happen, on October 30, 2016, Canada and the European Union signed a final version of the agreement. 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 region has ever negotiated in a free trade agreement. For Canada, the CETA’s temporary 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“). 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.
The Canada-Korea Free Trade Agreement
On September 22, 2014, Canadian Prime Minister Stephen Harper and South Korean President Park Geun-hye signed the Canada-Korea Free Trade Agreement (“CKFTA“). Chapter 12 of the CKFTA provides for the facilitation of the temporary entry of business persons. The CKFTA Final Agreement Summary notes that South Korea’s commitments are the most ambitious the country has ever negotiated in a free trade agreement. For Canada, the CKFTA’s temporary entry provisions are pretty similar to those contained in the North American Free Trade Agreement (“NAFTA“), although there are differences. The CKFTA is significant from a Canadian immigration perspective because prospective foreign workers who are eligible for work permits under the CKFTA do not require Labour Market Impact Assessments (“LMIA“). Indeed, as the CKFTA Final Agreement Summary states: When it comes to investing and providing services, there is no substitute for being on-site, where clients are located. Investors want to witness their investments, talk to their partners and get a feel for the local environment. Professionals, including architects, management consultants and engineers, need to contact clients on-site in order to fulfil contracts in the South Korean market. Temporary-entry provisions in the Canada-Korea Free Trade Agreement address barriers that business persons face at the border, particularly by … Read More
Government of Canada Overhauls the Temporary Foreign Worker Program
On June 20, 2014, Citizenship and Immigration Canada (“CIC”) and the Ministry of Economic and Social Development Canada (“ESDC”) announced significant reforms to the Temporary Foreign Worker Program (“TFWP”). The changes will affect all employers of Temporary Foreign Workers (“TFWs”) in Canada. Many of the changes take effect immediately, with the remainder being phased in over the next year in a half. The reforms are comprehensive, and include the following: Labour Market Impact Assessment Program New Labour Market Information Assessment (“LMIA”) Replaces the Labour Market Opinion (“LMO”) LMIA Application Fee of $1,000 Guaranteed 10-Day Processing For Certain Occupations Dividing LMIAs into High-Wage and Low-Wage Positions Cap on Low-Wage TFWs for Individual Companies Refusing Low-Skilled LMIA Applications in Areas of High Unemployment in Some Occupations Reducing the Duration of Low-Wage Work Permits Introduction of Transition Plans for High-Wage Positions Stronger Enforcement and Tougher Penalties Increasing the Number and Scope of Inspections Monetary Fines for Employers Who Break the Rules International Mobility Programs (“IMP”) IMP Replacing LMO-Exempt Work Permit Program New Fee and Employer Compliance System New Privilege Fee for Open Work Permit Applicants Amending Provincial Annexes International Experience Canada Program Being Restructured Intra-Company Transfer Program – New Rules for Specialized Knowledge Applicants … Read More
Environmental Overview – Chandigarh – 2013
The following is a summary of the Environmental Overview of the immigration functions at the Canadian Consulate in Chandigarh (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Areas in blockquote are direct passages from the Environmental Overview. Environment The Canadian Consulate in Chandigarh (“CIC Chandigarh”) provides temporary residence processing in northwest India. It recorded a record number of decisions in 2012. In partnership with Delhi and the VAC (VFS), prospective non-immigrant applications are created in GCMS overnight for all applications received by VFS in India, before the applications are physically delivered to mission the following morning. File creation by QRC is not possible due to Indian law prohibiting the international transfer of personal data. As there is no more requirement to scan the 2D barcodes, file creation is completed much more quickly. Only consequence is that Chandigarh appears as the secondary office for all applications received in India (Delhi showing as the principal office); statistical reports and the monitoring of pending applications must take this into consideration. … The elimination of 20 barcode scanning and the overnight creation of prospective applications has freed up some time for the LE3 Registry … Read More
Ministerial Instructions – Revoking, Suspending, and Refusing to Process Work Permits and Labour Market Opinions
On December 27, 2013, Citizenship and Immigration Canada (“CIC“) and the Ministry of Economic and Social Development (“Service Canada“) released Ministerial Instructions regarding the revocation of work permits and Labour Market Opinions (“LMOs“), now called Labour Market Impact Assessments (“LMIAs“). The Ministerial Instructions will allow the Government of Canada to rapidly respond to economic developments by immediately reducing the intake of foreign workers, will increase program integrity, and create uncertainty for Canadian businesses. These are the first Ministerial Instructions to be issued by Service Canada since the Government of Canada amended s. 30 of the Immigration and Refugee Protection Act (“IRPA“) in the first 2013 Budget Implementation Act. Section 30 of IRPA now reads: Work and study in Canada 30. (1) A foreign national may not work or study in Canada unless authorized to do so under this Act. Authorization (1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations. Instructions (1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister … Read More
LMO Q&A: Discrimination to obtain a Labour Market Opinion OPS/BE-003
When reviewing internal Service Canada correspondence, I came across this interesting exchange between a Service Canada officer and a Business Expertise Consultant (“BEC”). The issue involves a Labour Market Opinion application where a daycare employer told a Service Canada officer that she did not hire a qualified Canadian candidate because he was a male. The BEC said that a Labour Market Opinion could not be issued because such gender discrimination was contrary to the BC Human Rights Code Please note that what I have reproduced below should not be viewed as legal advice. I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”). The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI. BACKGROUND: Daycare facility with 2 female employees and 10 children. When asked results of recruitement, ER stated she interviewed 6 candidates. Most wanted part time positions, one did not pass interview, one came … Read More
LMO Q&A: Who Can Be the Employer Contact? (OPS/BE-001)
My decision to publish e-mail exchanges between immigration representatives and Citizenship and Immigration Canada which I received through Access to Information Act requests has been met very favourably by blog readers. I am now expanding this to internal correspondence between Temporary Foreign Worker Program officers at Service Canada and Business Expertise Consultants. The following is an exchange between a Service Canada officer and a Business Expertise Consultant regarding who can be the employer contact in a LMO application. My thoughts on the exchange are at the bottom of the reproduction. Please note that what I have reproduced below should not be viewed as legal advice. I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”). The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI. Background: ███████ has a 3’d party ███████ and his mailing address is ███████. This ID has 26 pages of activity in FWS, the last of … Read More
Question & Answer – Renewing IEC Work Permit (IR-08)
The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada (“CIC”) regarding International Experience Canada (the “IEC”). The IEC, more commonly known as the Working Holiday Program (which is actually a program within the IEC), allows young people from several dozen countries to work in Canada on open work permits. As with any program, questions emerged regarding specific requirements, including whether IEC work permits can be extended. Please note that what I have reproduced below should not be viewed as legal advice. I obtained a copy of this internal CIC question and answer through an Access to Information Act request the (“ATI”). The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. Please e-mail me if you want a copy of the original question and answer contained in the ATI. Question – May 13, 2013 Dear Sir or Madam: I wish to seek your advice concerning the following situation. I have a client, an _______, who came to Canada on a work permit issued to him on ___________ through the International Experience Canada (IEC) program. His work permit is valid to … Read More