Temporary Foreign Workers

Information & Communications TechnologyToronto, Ontario – May 1, 2008

Session Overview

• About CIC• Passport and Visa Rules• Immigration Medical Rules• Business Visitors• Work Permits• General Rules for Workers• Work Permits for Spouses• Application and Processing Times• Immigration Programs and ICT Workers• Questions & Comments

About Citizenship and Immigration Canada

The Department:

• Admits immigrants, foreign students, visitors and temporary workers who enhance Canada’s social and economic growth

• Resettles, protects and provides a safe haven for refugees

• Helps newcomers adapt to Canadian society and become Canadian citizens

• Manages access to Canada to protect the security and health of Canadians and the integrity of Canadian laws

Passport and Visa Requirements

Passports

• General rule: every foreign national must possess a valid passport

• Exceptions: U.S. Citizens and Permanent Residents of USA

Visas

• General Rule: everyone needs a Temporary Resident Visa unless there is an exemption

• Must apply for Visas before coming to Canada• Not issued at the border

http://www.cic.gc.ca/english/visit/visas.asp

Medical Examination Requirements

• Designated occupations• Persons from designated countries who:

– Will be in Canada more than 6 months, and

– Have resided in a designated country for 6 months in the 12 months prior to seeking entry

Designated Country List:http://www.cic.gc.ca/english/information/medical/dcl.asp

Business VisitorThis broad category facilitates the entry of persons to Canada whoIntend to engage in business or trade activities

General Criteria

• There must be no intent to enter the Canadian labour market• International in scope - underlying cross-border commercial

activity, e.g. after sales service• There is the presumption of a foreign employer: • The primary source of the worker’s remuneration remains

outside Canada • The principal place of the worker’s employer is located outside

Canada • The accrual of profits of the worker’s employer is located

outside Canada

Work Permits

• Work Permit: document 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 Meant by Temporary? • 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

Examples:

• Dated offer of employment or contract• Confirmed return airline ticket or confirmed date of departure; • Links to home country (ex: friends in Canada but job, spouse,

family and friends in home country• Evidence of temporary accommodation (ex: hotel

reservation).

General Rule Relating to Workers

• The law contains a 2 part rule:

Part 1: if someone wants to work in Canada they need a Work Permit

Part 2: before the Work Permit can be issued to the worker, the employer must obtain a Labour Market Opinion (LMO) from Service Canada

• There are exceptions to each rule

Jobs Requiring a Work Permit but no LMO

• Workers covered under international agreements

• Entrepreneurs and intra-company transferees

• Participants in exchange programs

• Co-op students

• Spouses

• Academics and students

• Religious workers

• Others

CIC’s Spousal Work Permit Policy

Worker

• Skilled Worker is a worker in a:– Management occupation– Professional occupation– Technical and skilled trades occupation

• Specifically, the job must be NOC Skill Level O, A or B• Spouses and common-law partners of Skilled Workers• Skilled worker’s Work Permit: must be at least 6 months

CIC’s Spousal Work Permit Policy

Spouse or Common-law partner

• Apply with work permit or after arriving in Canada• Open Work Permit• Unrestricted if medicals completed• Restricted if medicals not completed• Duration of Work Permit: same as the Skilled Worker

Where to Apply for Work Permits

• At a Canadian Embassy or Consulatewww.cic.gc.ca“Find a CIC Office”“Where to Send Your Application”

• At the border: if eligible

• Renewals: in CanadaCase Processing Centre (CPC) – Vegreville (Alberta)

Border Applications

• From the United States, Greenland or Saint-Pierre et Miquelon

• Do not need a medical examination (or already have a medical certificate)

• Do not need a temporary resident visa to visit Canada

• Hold a Labour Market Opinion, if needed

What Do Workers Need To Do WhenApplying at the Border?

• Make intention verbally to Canada Border Services Agency Officer

• Present company letter and supporting documentation

• Present Labour Market Opinion if required

• Pay cost recovery fee

What Do Workers Need To Do WhenApplying at Consulates?

• Complete Application for Work Permit Include:

– Company letter and supporting documentation

– Proof of identity: passport if required

– Cost recovery fee

What Do Workers Need to Do WhenApplying for Renewals?

• Complete form: Applying to Change Terms and Conditions or Extend Your Stay in Canada

• Send application by mail to CPC-Vegreville

• Include documentation similar to that provided for first Work Permit

How Long Does It Take?

• Border applications may be processed within 20 minutes.• Visa Post applications vary:

www.cic.gc.ca“Check How Long it May Take to Process My Case “

% of Cases Processed

2 days or less

7 days or less

14 days or less

28 days or less

London 21% 39% 57% 72%Buffalo 42% 47% 55% 61%

New Delhi 13% 33% 49% 63%Shanghai 17% 32% 50% 75%

• Business Visitors• Special Categories—Information Technology Workers• NAFTA – Professional • Intra-Company Transferee:

– Executive– Management– Specialized Knowledge

Temporary Foreign Workers Guidelines (FW):http://www.cic.gc.ca/english/resources/manuals/fw/index.asp

Immigration Programs that may apply to ICT Workers:

Business Visitor

Examples:

• After-sales service • Board of Directors' meetings • Employees of short term temporary residents • Employees of Foreign Companies Contracting

Canadian Companies

Special Categories—Information Technology Workers

• Canada has a simplified entry process for workers whose skills are in high demand in the software industry.

• Under this process, no LMO is required from Service Canada.

• Expedited Processing

• Education, language, and experience requirements exist, typically:– Bachelor’s Degree or 2-year Diploma– 2-year related work experiencehttp://www.cic.gc.ca/english/work/special-tech.asp

7 Software Development Occupations:

1. Senior Animation Effects Editor

2. Embedded Systems Software Designer

3. MIS Software Designer

4. Multimedia Software Developer

5. Software Developer – Services

6. Software Products Developer

7. Telecommunications Software Designer

NAFTA – Professional• Computer Systems Analyst

– Baccalaureate Degree; – or Post-Secondary Diploma or Post-Secondary Certificate,

and three years’ experience

• Engineer – Baccalaureate Degree; – or state/provincial license

• Management Consultant– Baccalaureate Degree; – or equivalent professional experience as established by

statement or professional credential attesting to five years experience as a management consultant,

– or five years experience in a field of specialty related to the consulting agreement

What requirements apply to NAFTA Professionals?

• citizenship of the United States or Mexico• profession identified in Appendix 1603.D.1• qualification to work in that profession• pre-arranged employment with a Canadian employer; • provision of professional level services in the field of

qualification as indicated in the Appendix• compliance with existing immigration requirements

for temporary entry.

What documentation must a NAFTA Professional present to support an application?

• proof of American or Mexican citizenship• confirmation of pre-arranged employment provided by:

– a signed contract or an offer of employment from a Canadian employer

– a letter from the American or Mexican employer on whose behalf the service will be provided to the Canadian enterprise

• documentation which provides the following information: – the profession for which entry is sought– details of the position (title, duties, duration of employment,

arrangements as to payment– evidence of Minimum Education Requirements

Intra-Company Transferee

• 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

What is “executive capacity”?

• Directs the management of the organization or a major component or function of the organization;

• Establishes the goals and policies of the organization, component, or function;

• Exercises wide latitude in discretionary decision-making; and

• Receives only general supervision or direction from higher level executives, board of directors, or stockholders.

What is “managerial capacity”?

• Manages the organization, or a department, subdivision, function, or component of the organization;

• Supervises and controls the work of other employees, or manages an essential function within the organization, or a department or subdivision;

• Has the authority to undertake personnel actions • Exercises discretion over the day-to-day operations in the

company.

What is “specialized knowledge”?

• special knowledge of a company’s product or service and its application 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 knowledge is complex - again, not necessarily unique or known only by a few individuals (proprietary), but advanced.

Intra-Company Transferee: required documentation

• Confirmation of continuous employment by the enterprise for one year within the three-year period before applying

• Outline of applicant’s current position in an executive, managerial capacity or one involving specialized knowledge

• “Specialized knowledge” - evidence of such knowledge and that the position in Canada requires such knowledge

• Outline of the position in Canada, i.e., position, title, place in the organization, job description

• Indication of intended duration of stay• Description of the relationship between the enterprise in

Canada and abroad.

Extensions for Intra-Company Transferees

Apply to CPC-Vegreville before current permit expires.

• Executives: may not exceed 7 years

• Managers: may not exceed 7 years

• Specialized Knowledge Workers: may not exceed 5 years

For information, application kits, status updates:

CIC Website: www.cic.gc.caCIC Call Centre: 1 888 242-2100

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