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 […]

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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.  Previously, the IRCC website simply stated: 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 […]

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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 […]

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Does a rodeo announcer require a work permit and a Labour Market Impact Assessment to give background information on radio contestants during a rodeo?  The answer is.. it depends. Section 186(m) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that: Work Without a Work Permit 186. A foreign national may work in Canada without a work permit (m) as a judge, referee or similar official at an international amateur sports competition, an international cultural or artistic event or competition or an animal or agricultural competition; Amateur Sports Competitions and Events The Citizenship and […]

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I was recently asked whether an opera singer working in Canada for three months requires a work permit and a Labour Market Impact Assessment.  The answer is.. it depends. Section 186(g) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that: Work Without a Work Permit 186. A foreign national may work in Canada without a work permit (g) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — […]

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Canada’s Post-Graduate Work Permit (“PGWP”) program 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(s) in any Canadian province(s).  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 […]

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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 […]

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If a visitor, worker, or student loses their status in Canada, then 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 […]

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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 […]

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On October 22, 2013, the Conservative Government of Canada tabled its latest omnibus budget bill, titled “A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures” (the “2nd 2013 Budget Implementation Act“)  Totalling 327 pages, the 2nd 2013 Budget Implementation Act introduces the “expression of interest” immigration system into the Immigration and Refugee Protection Act, sc 2001, c 27 (“IRPA”). Division 16 of the 2nd 2013 Budget Implementation Act states: Division 16, Immigration and Refugee Protection Act Amendments to the Act 290. Part 1 of the Immigration and Refugee […]

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