Canada’s Post-Graduate Work Permit (“PGWP”) program (the “PGWPP“) allows international students who have completed certain Canadian post-secondary programs to obtain work permits after graduating. The work permits are open, meaning that the graduates can work for any employer in any Canadian province. It is a fantastic program that enhances the competitiveness of Canadian post-secondary institutions internationally, and is normally an essential transitory step for international graduates looking to eventually obtain Canadian permanent residency. However, every year there are many international students who mistakenly think that they will be eligible to participate in the program after graduating only to discover midway through their studies that they cannot. It is accordingly very important that all international students in Canada understand how the PGWP program works. Basis in Law Section 205 of Canada’s Immigration and Refugee Protection Regulations provides the government with the authority to create programs to issue work permits to foreign nationals when it is satisfied that public policy objectives relating to the competiveness of Canada’s economy or academic institutions are met. The PGWPP is one of these programs, and detailed information about it can be found on the Immigration, Refugees and Citizenship Canada (“IRCC“) website here. As the Federal Court … 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
Restoration of Status
If a visitor, worker, or student loses their status in Canada they may apply to restore their status. Such applications are referred to as “restoration applications.” Section 182 of the Immigration and Refugee Protection Regulations provides that: 182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act. Immigration, Refugees and Citizenship Canada Guidelines (the “Guidelines“) provide that if an applicant applies to extend their temporary resident status after their temporary resident status expires, but within the 90-day restoration period, then the Case Processing Centre – Edmonton will inform them that they must also apply for restoration of status. The applicant will be given 90 days from the date of notification to submit their restoration application. This is an important point … 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
Employment Reference Letters and Immigration
Most Canadian economic immigration programs require that applicants have qualifying work experience. In order to demonstrate that past and current positions qualify, applicants are required to provide references letters from their employers. Such reference letters must state the position title, duration, duties and wage. Prospective immigrants who are obtaining reference letters should understand how officers determine whether specific employment experience meets program eligibility requirements, why reference letters are needed and how immigration officers will assess them. Relying on the NOC system In determining whether work experience is qualifying, Immigration, Refugees and Citizenship Canada (IRCC) relies on the Government of Canada’s national occupational classification (or NOC) system. In the federal skilled worker class, for example, applicants need to have within the 10 years before they apply at least one year of full-time work experience, or the equivalent of part-time work, in their primary occupation that is listed on the NOC website as being skilled. In the Canadian experience class, meanwhile, applicants need to show that they have acquired in Canada, within the three years before the date on which they apply for permanent residence, at least one year of full-time work experience in one or more occupations that are listed on … 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.
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
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 Post-Doctoral Fellows and Research Award Recepients
Immigration, Refugees and Citizenship Canada has a Labour Market Impact Assessment (“LMIA“) exemption for post-doctoral fellows awarded a Doctorate of Philosophy and research award recipients. The advantage of such an exemption is that a person can obtain a work permit without the need of the prospective employer to first test the Canadian labour market. Post-doctoral fellows holding a Ph.D. or its equivalent To qualify for a work permit under this LMIA exemption, the prospective foreign worker must: have completed, or be expecting to complete shortly, their doctorate; be working in a field related to that in which they earned, or are earning, their Ph.D.; be the direct recipient of the award involving work and remuneration; actively contribute to and benefit a Canadian research project; demonstrate academic excellence or expertise in a field related to the particular work to be undertaken; be working in a time-limited position that reflects the experience and expertise of the applicant and the role that they will play on the project; have a significant role to play or value to add to the research project. hold an official position or an affiliation or registration with a credible academic or educational institution or agency in their country … Read More
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