Recruiting High Skill Temporary Foreign Workers

Windsor – March 26, 2013

Legislative authority lies with Citizenship and Immigration

Canada as governed by the Immigration and Refugee

Protection Act (IRPA)

The Immigration and Refugee Protection Act stipulates who may work in Canada

that foreign nationals can enter as temporary foreign workers or as permanent resident skilled workers

IRPA designates certain authorities to the federal and provincial governments

WORKING IN CANADA

Work is:

An activity for which an individual is paid a wage or commission

OR

One that competes with activities of Canadian citizens or permanent residents in the Canadian labour market

A foreign national may not work in Canada unless authorized.

WHAT IS WORK

• Documents that allows a foreign national to temporarily work in Canada

• Conditions are usually imposed:

– type of work

– the employer

– duration of work

– location of work

WHAT IS A WORK PERMIT

• A Temporary Foreign Worker is first a Temporary Resident in Canada

• A reasonable, finite, and predictable end to a worker’s assignment in Canada

• Circumstances surrounding an application should convincingly indicate that the worker will depart Canada upon completion of the assignement

TEMPORARY RESIDENCE

1. Work without a work permit

2. Work with a work permit, but no Labour Market Opinion (LMO)

3. Work with a work permit and a positive LMO

WORKING IN CANADA

Work Without a Work Permit

Work Permit Exemptions

• Business Visitor • Foreign representatives • Family Members of Foreign

Representatives • Military Personnel • Foreign Government Officers • On-campus Employment • Performing Artists • Athletes and Coaches • News Reporters • Public Speakers

• Convention Organizers • Clergy • Judges and Referees • Examiners and evaluators • Expert Witness or Investigators • Health Care Students • Civil Aviation Inspector • Aviation Accident or Incident

Inspector • Crew • Emergency Service Providers • Implied Status

This broad category facilitates the entry of persons to

Canada who intend to engage in business or trade activities.

R187 defines the criteria as a business visitor. Recognized

business activities are contained in R187(2)

General Criteria:

No intent to enter Canadian labour market

Activity is international in scope

Primary source of remuneration abroad

Principal place of business abroad

Accrual of profits aboard

BUSINESS VISITORS

Repairing and servicing, supervising installers, and setting up and testing commercial or industrial equipment (including computer software).

"Setting up" does not include hands-on installation generally performed by construction or building trades (electricians, pipefitters, etc.).

The service is being performed as part of the original or extended sales agreement, lease/rental agreement, warranty, or service contract.

AFTER SALES /LEASE SERVICE

Work with a work permit but not LMO

• Entrepreneurs and intra-company transferees • Workers covered under international agreements • Participants in exchange programs

• Co-op students

• Spouses of skilled workers

• Academics and students • Religious workers • Emergency Repairs

• Others

WORK WITH A WORK PERMIT BUT NO LMO

Executives

Managers

Specialized knowledge

Two entry options for transferees:

1. General provision: Canadian interests – All countries

2. International agreements: Canada’s commitments in international agreements (E.g. NAFTA) – USA, Mexico

INTRACOMPANY TRANSFERS

• Are seeking entry to work in a parent, subsidiary, branch, or affiliate of a multi-national company.

• Will be undertaking employment at a permanent and continuing establishment of that company.

• Are taking a position in a Executive, Senior Managerial, or Specialized Knowledge capacity.

• Have been employed by the company outside Canada in a similar full-time position (not accumulated part-time) for one year in the previous three years prior to coming to Canada.

• Are coming to Canada for a temporary period only. • Comply with all immigration requirements for temporary

entry.

INTRACOMPANY TRANSFERS

• Executives

• Senior Managers

• Specialized Knowledge: -special knowledge of company’s product or service in international markets

-an advanced level of knowledge or expertise in the organization’s

processes and procedures.

-is unusual and different from that found in a particular industry.

-the knowledge need not be proprietary or unique but uncommon, advanced

or complex

-employee usually holds a position that is critical to the well being of enterprise

and has been utilized as a key employee abroad on significant assignments

which have enhanced employer’s productivity, competitiveness , image or

financial position

INTRACOMPANY TRANSFERS – Qualifying Workers

Over sixty professions are listed

Requirements:

US or Mexican citizenship

Pre-arranged employment with Canadian employer

Profession on NAFTA list of professionals

Qualified to work in profession

Provision of professional services in field of qualification

Meet minimum educational qualifications

NAFTA PROFESSIONAL

• Provides services which are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems.

• Do not take part in the company’s production but seeks to improve the client’s goals, objectives, policies, strategies, administration, organization, and operation.

• Generally hired on contract to do project work to deal with specific issues or problems.

• Any training or familiarization that is provided to management and personnel on an individual or group basis is incidental.

NAFTA PROFESSIONAL: MANAGEMENT CONSULTANTS

• Emergency repair personnel are persons whose admission is required in Canada to carry out emergency repairs to industrial or commercial equipment in order to prevent disruption of employment.

• They should be in possession of a letter, telex or fax indicating that the nature of their work is an emergency.

• NOT PREVENTIVE MAINTENANCE

EMERGENCY REPAIRS - C13

Work with a work permit and a positive LMO

1. Employer makes job offer to foreign worker

2. Employer determines which scenario applies: work without a work permit , work with a work permit but no LMO or work with a permit and positive LMO

3. If required employer applies for an LMO from Service Canada

4. Foreign worker applies for work permit

5. CBSA POE examination – Foreign worker must meet requirements of IRPA

APPLYING FOR A WORK PERMIT

• The Temporary Foreign Worker Units (TFWU) offer guidance ONLY to employers and/or their authorized representatives seeking to employ foreign workers who may be exempted from obtaining a work permit or from the LMO process.

• In cases where employers believe a LMO or Work Permit exemption may apply, they can request an assessment (“opinion request”) provided the foreign worker is from a visa exempt country and is currently outside Canada.

TEMPORARY FOREIGN WORKER UNITS

• Toronto (serving Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest Territories and Nunavut)

Toronto Temporary Foreign Worker Unit Telephone: 416-954-7954 Fax: 416-973-9768 E-mail: TFWU-Toronto-UTET@cic.gc.ca

• Montreal (serving Quebec, Nova Scotia, Prince Edward Island, New Brunswick, and Newfoundland and Labrador)

Montreal Temporary Foreign Worker Unit Telephone: 514-283-1061 Fax: 514-283-1877 E-mail: CIC-QUE-SRTE@cic.gc.ca

Temporary Foreign Worker Units

• FN’s seeking to work in managerial (NOC O) and professional (NOC A) occupations and their spouse

• Exceptions in Annex B of the OB275 (LMO exempt occupations);

• PR applicants who have received a positive assessment in the PR category for which they have applied.

4 YEAR CUMULATIVE EXEMPTIONS

International agreements (R204) Canada-International Provincial-International Canadian interests (R205) Significant benefit

Entrepreneurs Intra-company transferees (including GATS) Emergency repairs

Reciprocal employment Youth Exchange Programs Exchange Professors, Visiting Lecturers

Designated by Minister Research, educational or training programs Competitiveness and public policy

Charitable or religious work Permanent Residence Applicants in Canada (R207) Humanitarian reasons (R208) Destitute students Holders of a TR Permit valid for a minimum of six months.

OPTIONS FOR IMMIGRATING

Federal Skilled Trades Class

• The Federal Skilled Trades Program is for people who want to become permanent residents based on being qualified in a skilled trade.

• To apply, you must have work experience in a specific skilled trade and meet several other requirements

• 3,000 cap first year between January 2,2013 – January 1 2014

FEDERAL SKILL TRADES PROGRAM

46 Eligible Trades Group A – Jobs with sub-caps of 100 • 7202 Contractors and supervisors, electrical trades and

telecommunications occupations • 7204 Contractors and supervisors, carpentry trades • 7205 Contractors and supervisors, other construction trades,

installers, repairers and servicers • 7271 Carpenters • 7301 Contractors and supervisors, mechanic trades • 7302 Contractors and supervisors, heavy equipment operator

crews • 8211 Supervisors, logging and forestry • 8221 Supervisors, mining and quarrying • 8222 Contractors and supervisors, oil and gas drilling services • 8241 Logging machinery operators • 8252 Agricultural service contractors, farm supervisors and

specialized livestock workers • 9211 Supervisors, mineral and metal processing • 9212 Supervisors, petroleum, gas and chemical processing

and utilities • 9214 Supervisors, plastic and rubber products manufacturing • 9231 Central control and process operators, mineral and

metal processing • 9241 Power engineers and power systems operators • 9243 Water and waste treatment plant operators

Group B – no sub-caps • 7231 Machinists and machining and tooling inspectors

• 7233 Sheet metal workers

• 7235 Structural metal and plate work fabricators and fitters

• 7236 Ironworkers

• 7237 Welders and related machine operators

• 7241 Electricians (except industrial and power system)

• 7242 Industrial electricians

• 7243 Power system electricians

• 7244 Electrical power line and cable workers

• 7245 Telecommunications line and cable workers

• 7246 Telecommunications installation and repair workers

• 7251 Plumbers

• 7252 Steamfitters, pipefitters and sprinkler system installers

• 7253 Gas fitters

• 7311 Construction millwrights and industrial mechanics

• 7312 Heavy-duty equipment mechanics

• 7313 Refrigeration and air conditioning mechanics

• 7314 Railway car men/women

• 7315 Aircraft mechanics and aircraft inspectors

• 7318 Elevator constructors and mechanics

• 7371 Crane operators

• 7372 Drillers and blasters - surface, mining, quarrying and construction

• 7373 Water well drillers

• 8231 Underground production and development miners

• 8232 Oil and gas well drillers, servicers, testers and related workers

• 9232 Petroleum, gas and chemical process operators

• plan to live outside the province of Quebec • meet the required levels in English or French for each

language ability (speaking, reading, writing, and listening), • have at least two years of full-time work experience (or an

equal amount of part-time work experience) in a skilled trade within the five years before you apply,

• meet all job requirements for that skilled trade as set out in the National Occupational Classification (NOC), and

• have an offer of full-time employment for a total period of at least one year or a certificate of qualification in that skilled trade issued by a provincial or territorial body.

ELIGIBILITY FOR SKILLED TRADES PROGRAM

Canadian Experience Class

• Canadian Experience Class is a permanent resident category for individuals with skilled work experience in Canada.

• It was developed for temporary foreign workers and foreign graduates with qualifying work experience who:

are familiar with Canadian society and Canada’s job market;

have knowledge of English or French; and

have additional abilities that assist them in making a successful transition from temporary to permanent residence in Canada

CANADIAN EXPERIENCE CLASS

• plan to live outside the province of Quebec

• have at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before you apply,

• have gained your experience in Canada with the proper authorization

• meet the required language levels needed for your job for each language ability (speaking, reading, writing, and listening).

ELIGIBILITY FOR CEC

Federal Skilled Worker Program

• Federal skilled workers (FSW) are selected as permanent residents based on their education, work experience, knowledge of English and/or French, and other criteria that have been shown to help them become economically established in Canada.

• As of July 1, 2012, Citizenship and Immigration Canada (CIC) has temporarily stopped accepting applications for the Federal Skilled Worker Program (FSWP). This temporary pause does not apply to those with a qualifying job offer or applying under the PhD stream.

FEDERAL SKILLED WORKER PROGRAM

For your application to be eligible for processing, you must:

• have a valid offer of arranged employment, OR

• be an international student enrolled in a PhD program in Canada (or graduated from a Canadian PhD program within the past 12 months) and meet certain criteria.

If your application is eligible for processing, it will then be assessed

against minimum requirements. Your work experience must be:

• at least one year, continuous, and paid (full-time or the equivalent in part-time); AND

• a skill type 0 (managerial occupations) or skill level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list

FSWP ELIGIBILTY

If you meet the minimum requirements, your application will be processed according to the six selection factors in the skilled worker points grid, which are:

• your education;

• your abilities in English and/or French, Canada’s two official languages;

• your work experience;

• your age;

• whether you have arranged employment in Canada; and

• your adaptability.

FSWP SELECTION FACTORS

If you meet these minimum requirements, your application will then be processed according to the six selection factors in the skilled worker points grid.

Factor Points

1 Education 25

2 Proficiency in English and French 24

3 Experience 21

4 Age 10

5 Arranged employment in Canada 10

6 Adaptability 10

Potential maximum: 100

Minimum pass mark: 67

FSWP Selection Factors

Stay informed –social media tools

http://www.cic.gc.ca/english/department/media/social.asp

• CIC Website: www.cic.gc.ca

• CIC Call Centre: 1 888 242-2100

CONTACT US