CANADA IMMIGRATION: AN UPDATE Engineering HR Association. November 21, 2017

Transcription

1 CANADA IMMIGRATION: AN UPDATE Engineering HR Association November 21, 2017

2 WITH YOU TODAY Insert picture JACK KIM Senior Manager, Lawyer Toronto, Canada 2

3 AGENDA About Fragomen Global Skills Strategy Global Talent Stream CETA Canada Immigration Climate and Updates Q&A 3

4 ABOUT FRAGOMEN 4

5 FRAGOMEN IN CANADA Support for Year established Staff members dedicated to visa/immigration services Partners (more then 45 aggregated years in immigration) Lawyers Work permits Permanent residence Consular and document procurement services US border and consular support Audit and compliance assistance Government liaison Support for movement to other jurisdictions 5

6 GLOBAL SKILLS STRATEGY 6

7 GLOBAL SKILLS STRATEGY SHORT TERM WP EXEMPTION Short-Term Work Permit Exemption: Work permit exemption for highly skilled individuals (NOC 0 and A ) for short-term assignments Up to 15 consecutive calendar days once every six months; or Up to 30 consecutive calendar days once every twelve months Exception: Researchers at publicly-funded post-secondary institution or affiliated research institutions may qualify for a 120-day period per year 7

8 GLOBAL SKILLS STRATEGY TWO-WEEK PROCESSING Two-Week Processing for High Skilled Applicants: Fast-track work permit application processing for qualifying applicants LMIA-exempt application LMIA-exempt work permit applications for those in NOC 0 or A positions LMIA-based application Work permit applications with an approved LMIA issued by Service Canada under the Global Talent Stream, regardless of NOC Requirements: Complete application must be submitted online outside of Canada, including proof of upfront medical examination and biometric fees 8

9 GLOBAL TALENT STREAM 9

10 GLOBAL TALENT STREAM A STREAMLINED LMIA The GTS is a streamlined LMIA designed to attract unique and specialized talent and highly skilled workers in specific in-demand occupations to meet Canada s labour needs and innovation agenda Interesting Features No minimum advertising requirement Priority processing 10 business days Labour Market Benefit Plan ( LMBP ), rather than a Transition Plan Positive List of Occupations Dual-Category Qualification Category A ESDC Designated Partner Referral system via Dedicated Service Channel ( DSC ) for firms seeking Unique and Specialized talent Unique and Specialized talent: Means an individual who possesses advanced knowledge of the industry; advanced degree in an area of specialization of interest to the employer; or a minimum of 5 years of experience in the field of specialized experience; and a highly paid position - usually $80,000 or more annually Category B Global Talent Occupations List Information Technology ( IT ) occupations The list is subject to change at any time and without notice 10

11 GLOBAL TALENT STREAM LABOUR MARKET BENEFIT PLAN Employers must complete a LMBP that demonstrates the commitment to activities that will have lasting, positive impacts on the Canadian labour market; The LMBP will identify and help to track the overall job creation, skills and training investments, which must benefit the Canadian economy through your employment of highly-skilled global talent; Unlike the Transition Plan in a regular LMIA, the LMBP is completed by an employer only on their first application to the Global Talent Stream. It is anticipated that subsequent applications will not require a new LMBP Compliance and the LMBP ESDC has indicated that there will be increased monitoring of compliance, and increased onsite inspections of employers. It is expected that compliance audits will occur every 6 months What is an employer required to include in an LMBP? The LMPB requirements differ based on the Category (A or B), however, in all LMBPs an employer must identify a minimum of one mandatory and two complementary benefits that will be achieved by hiring a foreign worker. 11

12 COMPREHENSIVE ECONOMIC AND TRADE AGREEMENT 12

13 Overview CETA The Comprehensive Economic and Trade Agreement (CETA) is a free trade agreement between Canada, the EU and its member states. CETA came into effect on September 21, 2017 Establishes a frame work for the temporary entry and stay of individuals for business purposes The types of professionals covered, and the industries in which they can operate; The maximum length of their stay Conditions may vary depending on the member states 13

14 INTRA-CORPORATE TRANSFEREES SENIOR PERSONNEL & SPECIALIST Senior personnel: similar to executive capacity position under the NAFTA: primarily direct the management of the enterprise or direct the enterprise, or a department or subdivision of the enterprise; and exercise wide latitude in decision making, which may include having the authority to personally recruit and dismiss or to take other personnel actions, and (I) receive only general supervision or direction principally from higher level executives, the board of directors, or stockholders of the business or their equivalent; or (II) supervise and control the work of other supervisory, professional or managerial employees and exercise discretionary authority over day-to-day operations Specialists: the definition also runs parallel with the specialized knowledge positions under the provisions of the NAFTA : uncommon knowledge of the enterprise's products or services and its application in international markets; or an advanced level of expertise or knowledge of the enterprise's processes and procedures such as its production, research equipment, techniques, or management 14

15 INTRA-CORPORATE TRANSFEREE SENIOR PERSONNEL & SPECIALIST Requirements: all intra-corporate transferees must: have been employed by an enterprise located in an EU member state for at least one year be temporarily transferred to an enterprise (that may be a subsidiary, branch, or head company of the enterprise) in Canada Permitted Duration for Senior Personnel and Specialists: The lesser of three years, or the length of the contract, with a discretionary extension of up to 18 months if there is sufficient justification to have the temporary stay extended. 15

16 CETA SHORT TERM BUSINESS VISITORS Maximum length of stay of short-term business visitors is 90 days in any six month period The business visitor cannot: Engage in selling a good or a service to the general public; Receive remuneration from a source located within the Party where the shortterm business visitors are staying temporarily; Engage in the supply of a service in the framework of a contract concluded between an enterprise that has no commercial presence in the territory of the Party where the short term business visitors are staying temporarily and a consumer in that territory. 16

17 BUSINESS VISITORS CETA vs IRPR Under IRPR Cannot work in Canada without a work permit Covers foreign nationals who enter Canada to participate in intra-company training seminars, attend business meetings and conduct after-sales activities There is not limit to a business visitor s duration of stay in Canada (typically 6 months or less) Under CETA Broader scope Short term business visitors are restricted to a 90 day period. Where intended activities are not covered by IRPR, CETA may be available to facilitate entry into Canada as CETA provides a broader scope of activities business visitors that may be perform than IRPR 17

18 CETA CONTRACTUAL SERVICE SUPPLIER An employee of a EU company who does not have an affiliate or subsidiary in Canada, which has a contract to supply a service to a consumer The self-employed professional must possesses: a university degree or equivalent level of knowledge; professional qualifications if required in the province or territory The supply of service must be On a temporary basis (12 months) as an employee; and Pursuant to a contract The employee must be EU-headquartered for at least one year prior to application; Possess three years of professional experience in the sector of activity that is the subject of the contract at the time of application; Not receive remuneration other than the remuneration under the contractual service All professional / managerial occupations in sectors such as: Computer, Engineering etc. 18

19 CETA INDEPENDENT PROFESSIONAL Is a self-employed professional who has a contract to supply a service to a Canadian consumer The self-employed professional must possess: a university degree or equivalent level of knowledge professional qualifications if required of the province or territory The supply of a service must be On a temporary basis (12 months) as a self-employed person Pursuant to a contract Must possess a minimum of six years of professional experience in the sector of activity which is the subject of the contract, at the date of submission of an application 19

20 CANADA S IMMIGRATION CLIMATE 20

21 OVERVIEW OF CURRENT CLIMATE IN CANADA New Minister for Immigration, Refugees and Citizenship Canada (IRCC), Hon. Ahmed Hussen Increased reports of need to raise immigration levels for economic growth Returning focus on economic / employment-based immigration Enhanced compliance regime Increasing scrutiny at ports of entry Quality of staff at ports of entry may vary NAFTA negotiations 21

22 CANADA IMMIGRATION UPDATES 22

23 Recent Trends Immigration Trends & Updates Canada The ports of entry in the Southern Ontario Region (Queenston-Lewiston Bridge, Niagara Falls Rainbow Bridge, and Fort Erie Peace Bridge) are no longer accepting "flagpole" Work Permit applications and Permanent Residence landings on Fridays, Saturdays, Sundays or Mondays. This applies to foreign nationals who are Temporary Resident Visa-exempt, holding a valid Electronic Travel Authorization (eta), and those holding multiple-entry visas. Work Permit applications and finalizing of Permanent Residence applications that do not involve "flagpoling" will continue to be processed on all calendar days. 23

24 Recent Trends Immigration Trends & Updates Canada Effective August 28, 2017, there is a new requirement for employers filing Labour Market Impact Assessment (LMIA) applications to a) advertise on Canada's Job Bank; b) conduct at least two additional methods of recruitment; and c) use the Job Match service prior to filing an LMIA application will be extended to all Canadian provinces and territories. 24

25 Recent Trends IRCC made key changes to the Express Entry PR system in November 2016 and June Immigration Trends & Updates Canada Changes include: Reduction in points to LMIA applicants Increased points for Canadian education Increased time to submit a PR application Increase in points for French-speakers Points for candidates with Canadian siblings IRCC pleased with results which have included: Increase of invites to high-skilled STEM candidates from 28% to 35%, and decrease in invites to lower skilled occupations from 11% to 3%. Increase in invites to international students from 31% to 46%. Last few draws have seen invites to applicants with scores of

26 Recent Trends Immigration Trends & Updates Canada Bill C-6 which introduces changes to Canada's Citizenship Act received Royal Assent on June 19, Amendments to the Citizenship Act will allow permanent residents of Canada to apply for citizenship sooner and with fewer restrictions. Of note is the modification of the residency calculation to include a portion of time spent in Canada prior to the grant of Permanent Residence towards the physical residency requirement. 26

27 QUESTIONS? THANK YOU! Jack Kim Senior Manager/Lawyer