Canadian Corporate Immigration
|
|
- Noah Cummings
- 5 years ago
- Views:
Transcription
1 Canadian Corporate Immigration Understanding and Navigating the System Benjamin A. Kranc 425 University Avenue Suite 200 Toronto, Ontario M5G 1T6 Tel: (416) Web: LinkedIn: ca.linkedin.com/in/benjaminkranc
2 IRPA/R: Immigration and Refugee Protection Act/Regulations ESDC: Employment and Social Development Canada (previously HRSDC) Service Canada(SC): Administers ESDC Programs LMIA: Labour Market Impact Assessment (previously LMO) NOC: National Occupational Classification CEC: Confirmation Exemption Code CIC: Citizenship and Immigration Canada CBSA: Canada Border Services Agency NAFTA: North American Free Trade Agreement GATS: General Agreement on Trade in Services CCFTA: Canada Chile Free Trade Agreement CPFTA: Canada Peru Free Trade Agreement CCoFTA: Canada Colombia Free Trade Agreement CSKFTA: Canada South Korea Free Trade Agreement [Coming Soon?: European Union] [Coming Soon?: Trans-Pacific Partnership]
3 Require LMIA and Work Permit Requirements Set Out in IRPR s. 203 Require Work Permit; LMIA Exempt (International Mobility Program [IMP]) Intra-Company Transferees NAFTA, GATS, CCFTA, CPFTA, CCoFTA, CSKFTA Professionals Other e.g. Reciprocal Benefit, Significant Benefit, IEC, Other Work Permit Exempt Business Visitors Other Exemptions
4 Whether: *Work is likely to fill a labour shortage *Work offered at prevailing wages and appropriate work conditions *Employer has made reasonable efforts to hire/train Canadians Work is likely to result in creation/transfer of skills and knowledge to Canadians Work is likely to result in job creation/retention Work is likely to affect any labour dispute
5 Prior changes (in last 5 years) Substantially the same Genuineness 4 year limit Recruitment requirements 4 weeks from 2 2 sources plus job bank Ongoing Filing Fee $1000 per position
6 June 2014 Now: Labour Market Immigration Assessment (Previously LMO) Test redefined from NOC based High Skill to Wage based High Wage High Wage Transition Plan Low Wage Caps and Restrictions
7 Failure to Comply 25% Audit Expectation Non-compliance can lead to 10 or More Year Ban on Hiring Foreign Workers Publication on Black List Inability to Renew LIMAs and Work Permits Therefore: Maintain Records: 6 Years, including: Wages Immigration Documentation Other Proactive Compliance Systems
8 Require LMIA and Work Permit Requirements Set Out in IRPR s. 203 Require Work Permit; LMIA Exempt (IMP) Intra-Company Transferees NAFTA, GATS, CCFTA, CPFTA, CCoFTA Professionals Other e.g. Reciprocal Benefit, Significant Benefit, IEC, Other Work Permit Exempt Business Visitors Other Exemptions
9 Intra-Company Transfer Canadian company affiliated with foreign company Employee works in foreign affiliate for 1 Year in Last 3 (except 6 months for Peru) Capacity: Executive/Senior Manager/Specialized Knowledge Note: NAFTA/GATS/FTAs/IRPR Convergence
10 Coming from foreign company to Affiliated Canadian company Affiliated can be Parent/subsidiary Sister corporations Look at control (could be < 50%)
11 One in last three years with overseas company Must be presently working there Employment past and future can be contract but needs to be dedicated arrangement
12 Specialized Knowledge or Senior Managerial/Directorial Level Specialized Knowledge Advanced Experience / Proprietary Knowledge Managerial Experience Typically managing people, sometimes functional
13 Other considerations Caps 5 years for specialized knowledge 7 years for managerial positions Renewable in 2 year increments Startup considerations 1 year Substantiation of doing business in Canada
14 Effective June 2014 Changes to assessment for Specialized Knowledge Cases Considerations as to meaning of Specialized Knowledge Salary Issues Control Issues
15 Specialized Knowledge: Knowledge at an Advanced Level of Expertise PLUS Proprietary Knowledge of the Company s Product, Service, Research, Equipment, techniques or Management (Test is high degree of each of these, on a balance of probabilities)
16 Advanced Level of Expertise Specialized knowledge gained through significant and recent experience with the organization and used by the individual to contribute significantly to the employer s productivity. Significant experience no specific guideline, just that the longer the experience, the more likely the experience is specialized Recent within the last five years
17 Proprietary Knowledge Company-specific expertise of a company's product or service where specifications that would allow other companies to duplicate the product or service would not have been divulged. Advanced Proprietary Knowledge: Uncommon knowledge of company s products/services in international markets, or Advanced level of expertise or knowledge in company s processes and procedures such as its production, research, equipment, and management.
18 Other Factors: Wage Minimum of Prevailing Wage Control Do not include non-cash per diems (only directly paid monetary payments can be included) Worker to be clearly employed by, and under direct/continuous supervision of host company Typically, no training should be required
19 Exceptions/Breathing Room: Minimum Wage Guideline does NOT apply to ICTs under any Free Trade Agreement HOWEVER, it can still be a factor to be considered Note: GATS is NOT a Free Trade Agreement for our purposes Where agreement calls for different definitions, respect those other definitions. e.g. Peru Free Trade Agreements 6 months experience
20 New Realities/Implications: Difficulty Parachuting Control issue means that sending someone for a few days may be difficult Issues re level of Proprietariness How special does it have to be? NOC classifications Reclassification could deny ICT status even if all other tests met Need for Alternatives/Creativity
21 Senior Managerial/Executive Intra-Company Transfers: Impact? Nothing Definitive Wages? Control?
22 Professionals NAFTA; e.g. Management Consultant GATS; industry specific, 90 day maximum Other Reciprocal Benefit Significant Benefit Further Possibilities
23 Designated list Each has specific requirements e.g. Bachelor s Degree, membership in a professional association, etc. Review NOC for considerations of profession Do not need Canadian licence for profession Need pre-arranged employment with Canadian company employment is often a contract for services No self-employment
24 List of approximately 60 occupations A random sampling includes: Agriculturist Dentist Seminary Teacher Hotel Manager Forester Librarian
25 Engineer Degree or Licence Need not be licenced in Canada (Note distinction for letter of no objection in other categories)
26 Computer Systems Analyst Degree or Diploma/Certificate Now field-related Must be doing systems analysis beyond basic programming
27 Management Consultant Degree in related field, or Five years experience Improving high level issues, not production Caution: open to abuse by clients, and skepticism by officers.
28 Scientific Technician Includes the fields of astronomy, biology, engineering, geology, and others Ability to solve practical problems Person being supported must qualify in their own right Questions about construction trades, e.g. electricians, aircraft technicians
29 GATS Engineers, Computer Specialists 3 months CCFTA Engineer, Computer Systems Analyst CCoFTA Negative list no Pharmacists, Performing Artists, etc. CPFTA Negative list no Pharmacists, Performing Artists, etc. CSKFTA Contract Service Supplier Independent Professional European Trade Agreement? Trans-Pacific Partnership?
30 Theory: Neutral Labour Market Impact Some formal programs, e.g.: International Experience Class Working Holidays Can be used by individual company Need not be one for one Need not be direct (i.e. Canada sends to Germany, Ireland sends to Canada) Evidence: Rosters of Transfers In/Out; Global Mobility Policy
31 Institutional Reciprocity Bilateral Agreements with Various Countries Various Programs, each with unique requirements Restrictions on: Age Renewal Recently graduated (within the last year) Note: New Pool System
32 Must apply at visa post Trader: Businessperson carrying on substantial trade between US or Mexico, and Canada Investor: Businessperson establishing or advising an operation based on an investment in Canada, where businessperson has committed or will commit a substantial amount of capital. Amount of capital relative to amount of investment Intra-company alternative
33 Significant Benefit Last Resort Allows for Creative Solutions; e.g. consider impact, time frame, etc. Emergency Repair Provincial Programs Alberta Construction Workers
34 Effective Feb. 21, 2015, Employers must: Pay $230 compliance fee Provide an offer of employment Provide specific company information Effective October 26, 2015 Must be done via employer portal Effect of non-compliance Refusal of Foreign Worker s application Possible other sanctions
35 Require LMIA and Work Permit Requirements Set Out in IRPR s. 203 Require Work Permit; LMIA Exempt (IMP) Intra-Company Transferees NAFTA, GATS, CCFTA, CPFTA, CCoFTA Professionals Other e.g. Reciprocal Benefit, Significant Benefit, IEC, Other Work Permit Exempt Business Visitors Other Exemptions
36 IRPR ss. 186/187 Examples: Clergy Foreign Journalists Certain Entertainers Emergency Personnel
37 Originally in FTA/NAFTA, now in broader IRPR IRPR s. 186(a)/187 International Business activity/not entering labour market Examples: Buying Canadian products or receiving training re goods Intra-company training Selling not to the general public meetings
38 Remuneration must remain abroad Principal place of business must remain abroad Benefit inures to foreign company Consider aspects of work, international in nature, etc.
39 eta For non-visa nationals travelling to Canada NOT a substitute for consideration of Business Visit vs. Work Permit Effective November 10, 2016 Valid for 5 Years eta rather than Visa for those with US non-immigrant visa, or who had a Canadian visa in the past 10 years from: Brazil, Bulgaria, Mexico, Romania Exceptions: US Citizens (US Permanent Residents Do Need an eta) Those with Study/Work Permit Issued after August 15, 2015 The Queen of England!
40 Port of entry vs. Visa Post Visa-Requiring Nationals with US Green Cards can use POE Traders/investors (even American) must use visa post Trade off: faster at port of entry, more thorough at Visa Post Visa Posts use Visa Application Centres - issues
41 Pre-screening For Port of Entry opinion on non-lmia (with no peripheral issues, e.g. criminality) Send application to Immigration Mobility Worker Unit(IMWU formerly TFWU) Toronto for Ontario and west Montreal for Quebec and east Ensure proper forms depending on IMWU Apply based on where person will be working
42 IMWU provides opinion Not binding on POE, but unless there is some major issue on entry, should act as good insurance of validity of non-lmia cases
43 Work permit applications are legal procedures Legal procedures require evidence and legal argument Besides issues of rules of nature of evidence (e.g. when document should be certified), evidence should be considered to substantiate legal issues in question
44 Therefore, e.g.: Intra-company applications must establish Affiliation of companies Applicant s history with company Applicant s specialized knowledge or managerial experience Control issues Anything else that may be considered in such an application
45 Professional applications must establish Professional qualifications Citizenship Pre-arranged employment with Canadian entity Anything else that may be considered in such applications
46 Evidence: Onus on Applicant Documentation could include: Resume Reference letters Company support letters Job description (showing, e.g., training acquired, years of experience, degrees in the field) Company support letters Publications/Awards Description of Work to be Performed in Canada
47 Types of documentation to support: Use common sense Documentation to support issues in that case, e.g. Pay stubs show work history Corporate shares could show affiliation No limit per se common sense
48 In addition to the above, of course, relevant forms should be provided depending on situation, e.g.: IMWU form for Toronto IMWU Application for work permit at visa post Submissions are what tie facts/evidence/legal issues together The onus is on you to ensure officer has what he/she needs to make a decision, and to persuade him/her that the applicant qualifies under the relevant provision
49 Work Permit vs. Visa Notations on work permits Inland (Ottawa) visa processing Dependents (Work Permits) Spouses anywhere (based on NOC: 0, A, or B) [formerly children in Alberta, Ontario, British Columbia] Dual Intent Others non-immigration issues as well: tax, employment law, etc.
50 Criminal matters Misrepresentation: Directly/indirectly Misrepresenting or Withholding Material Facts 2 Year Bar Previous Unauthorized Work 6 Month Bar for New Work Permit
51 Failure to Comply New Rules Effective Dec. 1, 2015 Non-compliance can lead to Publication on Black List (existing) Inability to Renew LIMAs and Work Permits (existing) 1, 2, 5, 10 Year and Lifetime Bans on Hiring Foreign Workers (new) Formerly 2 Year Bar Administrative Monetary Penalties (AMPs) up to $100,000 (new)
52 Inspection there is reason to suspect non-compliance (i.e. a tip was received); previous non-compliance; or random selection [25% chance] Employer Compliance Review Upon LMIA Application Ministerial Instruction Information re Violation of Specific LMIA
53 Three Factors to Determine Penalty: Type of Offence History/Severity Size of Business
54 Factor 1: Types of Violations Group A: Failure to demonstrate 6 years accuracy of work permit Failure to retain necessary documents Failure to comply with Compliance Review Group B: Failure to comply with applicable Federal/Provincial law Failure to provide foreign worker substantially the same wages and working conditions as set out in any application Failure to fulfill obligations (e.g. transition plan) upon which work permit was based Group C: Failure to keep workplace free from abuse Failure to establish that company is actively engaged in business under which employment was offered
55 Factor 2: Consider History/Severity Points Points are divided into 2 categories: History, and Severity For History: A or B first violation A or B violation beyond first 2 points C violations 1 point 3 points
56 For Severity: Employer derived economic benefit 1-3 points Financial harm to foreign national 1-4 points Abuse of foreign national 1 to 6 Negatively impact on labour market 1-4 points Deliberate attempt to mislead 6 points No attempt to mitigate violation 2 points No attempt to prevent recurrence 2 points Other factors to be listed 1-6 points
57 Factor 3: Size of Business For this, need to distinguish: Small Business: Fewer than 100 employees, OR Less than $5M in annual gross revenue Including Affiliates Large Business : Anything other than a small business
58 Example: Large company promised to try to hire/train Canadians as part of LMIA application. This is a second offence. This is a Group B violation History points: 2 Severity: Employer derived economic benefit 2 Financial harm to foreign national Abuse of foreign national Negatively impact on labour market 3 Deliberate attempt to mislead No attempt to mitigate violation No attempt to prevent recurrence 2 7 (Subtotal) Other factors to be listed Total: 9
59 Now (finally), Assess Penalty: 1 point Type A Small Business $500/No Ban Large Business $750/No Ban Type B Small Business $750/No Ban Large Business $1000/No Ban Type C N/A
60 5 points Type A Small Business $10,000/No Ban Large Business $20,000/No Ban Type B Small Business $35,000/No Ban Large Business $50,000/No Ban Type C Small Business $45,000/1 Year Ban Large Business $70,000/1 Year Ban
61 8 or more points Type A Small Business $100,000/5-10 Year Ban Large Business $100,000/5-10 Year Ban Type B Small Business $100,000/5-10 Year Ban Large Business $100,000/5-10 Year Ban Type C Small Business $100,000/5-10 Year Ban Large Business $100,000/5-10 Year Ban
62 Result: $100,000 Administrative Monetary Penalty 5 or 10 Year Ban Blacklist Non-renewal of existing work permits
63 Business licences /permits T2 Schedule 125 Income Statement Information, and, Schedule 100 Balance Sheet Information Commercial lease agreements, business permits, etc. Provincial/territorial employer and recruiter registration certificate/ licence Recruitment information Anti-abuse and whistle-blower protection policies/codes of Conduct/compliance policies Training polices and materials Payroll records Time sheets Pension and benefits enrollment documents Job descriptions Copies of work permits Documentation in relation to job creation, job retention, training or transfer of skills and knowledge, and Registration with provincial/territorial workplace safety/workers compensation clearance letter
64 Create policy to ensure that Foreign Worker Program is used only where necessary, (and follow all procedures in that regard) Implement a training plan documenting knowledge/skills transferred to Canadians by TFWs Appoint an Internal Compliance Officer accountable for, e.g.: Maintaining recruitment procedures Maintaining records and ensuring compliance in relation to changes in employment terms Verifying company support documentation Developing document retention practices Developing third party/vendor management polices Establish corporate protocols to respond to requests for Inspections and Compliance Reviews Maintain files containing key foreign worker information, document retention protocols, and centralized storage and retrieval processes (be prepared for timely ECR and Inspection response) Develop/circulate internal communications on anti-abuse or other compliance policies, as well as on whistle-blower processes to encourage credible reports from employees relating to complaints of abuse and the prompt and fair resolution of any complaint
65 Employers Due Diligence Requirement: Employing a Foreign National Without Authorization 2 Year Imprisonment/$50,000 Fine Aiding/Abetting/Counselling 5 Year Imprisonment/$100,000 Fine
66 Citizenship and Immigration Canada NOC Wages ESDC Foreign Worker Program
67 Canadian Corporate Immigration Understanding and Navigating the System Benjamin A. Kranc 425 University Avenue Suite 200 Toronto, Ontario M5G 1T6 Tel: (416) Web: LinkedIn: ca.linkedin.com/in/benjaminkranc
A Passport to Effective Foreign Worker Recruitment
A Passport to Effective Foreign Worker Recruitment Understanding Canadian Immigration Benjamin A. Kranc 425 University Avenue Suite 200 Toronto, Ontario M5G 1T6 Tel: (416) 977-7500 E-mail: bkranc@kranclaw.com
More informationCanadian Corporate Immigration
Canadian Corporate Immigration Ongoing Compliance Requirements Benjamin A. Kranc Presented by: Benjamin A. Kranc 425 University Avenue Suite 200 Toronto, Ontario M5G 1T6 Tel: (416) 977-7500 E-mail: bkranc@kranclaw.com
More informationCitizenship & Immigration Canada Hiring Temporary Foreign Workers
Citizenship & Immigration Canada Hiring Temporary Foreign Workers 1. What is a Work Permit & Exemptions Working in Canada Legislative authority lies with Citizenship and Immigration Canada as governed
More informationAgenda. Part I: Basic Principles and Terminology. Part II: LMIA and Employer Compliance Review
Agenda Part I: Basic Principles and Terminology Part II: LMIA and Employer Compliance Review Part III: The Impact of NAFTA/GATS and the Canada European Trade Agreement Part IV: Detailing the CETA 2 2 BC
More informationCanadian Government Announces Changes to the Temporary Foreign Worker Program
PUBLICATION Canadian Government Announces Changes to the Temporary Foreign Worker Program Date: July 10, 2014 Lawyers You Should Know: Henry Chang Original Newsletter(s) this article was published in:
More informationMode 4 In Practice. Immigration Perspective: Canada
Mode 4 In Practice Immigration Perspective: Canada Synopsis 1) Canada is meeting its GATS commitments and is exceeding them by harmonizing portions of mode 4 into our domestic structure and expanding them.
More informationCANADA IMMIGRATION: AN UPDATE Engineering HR Association. November 21, 2017
CANADA IMMIGRATION: AN UPDATE Engineering HR Association November 21, 2017 WITH YOU TODAY Insert picture JACK KIM Senior Manager, Lawyer Toronto, Canada Jack.kim@fragomen.com 2 AGENDA About Fragomen Global
More informationCERC Webinar: New Realities for Hiring Temporary Foreign Workers
CERC Webinar: New Realities for Hiring Temporary Foreign Workers Responses to Questions arising from the CERC Webinar June 26 th 2014: Please note that CERC is providing this information based on our knowledge
More informationSELECTED TOPICS ON IMMIGRATION: How to Obtain Permission to Work in Canada, Changes to the Independent Category and Investor Category
SELECTED TOPICS ON IMMIGRATION: How to Obtain Permission to Work in Canada, Changes to the Independent Category and Investor Category Prepared by Ian Epstein, Suzanne Bailey and Felix Semberov These Materials
More informationTHE SHIFTING GLOBAL ECONOMIC ORDER AND ITS IMPACT ON CORPORATE IMMIGRATION A CANADIAN PERSPECTIVE. Kenneth K.C. Ing
THE SHIFTING GLOBAL ECONOMIC ORDER AND ITS IMPACT ON CORPORATE IMMIGRATION A CANADIAN PERSPECTIVE by Kenneth K.C. Ing 1080-1188 West Georgia Street Vancouver, British Columbia, Canada V6E 4A2 Telephone:
More informationCANADA FACTS AND FIGURES. Immigrant Overview Temporary Residents
CANADA FACTS AND FIGURES Immigrant Overview Temporary Residents 2013 Produced by Research and Evaluation Branch Citizenship and Immigration Canada Internet: www.cic.gc.ca For online copies please visit:
More informationTemporary Foreign Worker Program - Ontario Region Presentation to the Windsor Essex Economic Development Corporation March 26, 2013
Temporary Foreign Worker Program - Ontario Region Presentation to the Windsor Essex Economic Development Corporation March 26, 2013 Outline What is a Labour Market Opinion? What is the role of Service
More informationnovember 2012 Business Immigration
november 2012 Business Immigration 2400, 525-8th Avenue SW, Calgary, Alberta T2P 1G1 Phone: 403-260-0100 Fax: 403-260-0332 www.bdplaw.com On Record Contents: Canadian Visitors to the United States Page
More informationGovernment Introduces New Recruiting Requirements, Application Fee for LMOs
Government Introduces New Recruiting Requirements, Application Fee for LMOs In conjunction with its Economic Action Plan 2013 and the National Action Plan to Combat Human Trafficking, the Government of
More informationImmigration Law Update 2012: The Good, the Bad and Extremely Frightening
Immigration Law Update 2012: The Good, the Bad and Extremely Frightening By: R. Reis Pagtakhan Aikins Law p: 957-4640 f: 957-4278 e: rrp@aikins.com Table of Contents I. The Good... 1 A. Citizenship and
More informationInspections: New Consequences for Non-Compliance
Temporary Foreign Worker Program and International Mobility Program Inspections: New Consequences for Non-Compliance Not for further distribution Temporary Foreign Worker Program (TFWP) TFWP facilitates
More informationIntroduction to Express Entry & the Employer Liaison Network. AILCA Agriculture Labour Summit 2016 October 26, 2016
Introduction to Express Entry & the Employer Liaison Network AILCA Agriculture Labour Summit 2016 October 26, 2016 Background How Express Entry works Creating a profile Express Entry Pool Comprehensive
More informationTemporary Foreign Worker Program: An Overview
Temporary Foreign Worker Program: An Overview Temporary Foreign Workers Directorate Canada-China Forum May 14, 2012 Entry of Temporary Foreign Workers The Immigration and Refugee Protection Regulations
More informationFacts and Figures 2016 Immigration Overview Temporary Residents
Facts and Figures 2016 Immigration Overview Immigration, Refugees and Citizenship Canada Table of Contents Forward... 3... 4 1. Work permit holders for work purposes with valid permit on December 31 st...
More informationTemporary Foreign Workers: Recent Research and Current Policy Issues. David Manicom Citizenship and Immigration Canada
Temporary Foreign Workers: Recent Research and Current Policy Issues David Manicom Citizenship and Immigration Canada Metropolis March 14, 2013 The Temporary Foreign Worker Program (TFWP) Human Resources
More informationWELCOME Added experience. Added clarity. Added value.
WELCOME Added experience. Added clarity. Added value. VANCOUVER CALGARY EDMONTON SASKATOON REGINA LONDON KITCHENER-WATERLOO GUELPH TORONTO MARKHAM MONTRÉAL New Developments, Categories and Challenges to
More informationHiring and Retaining Foreign Workers. Information for employers considering hiring temporary foreign workers
Hiring and Retaining Foreign Workers Information for employers considering hiring temporary foreign workers 2 Meeting your labour needs Some Alberta companies employ workers from outside the province and
More informationACCELERATED LABOUR MARKET OPINION APPLICATION
Human Resources and Skills Development Canada Personal Information Collection Statement Ressources humaines et Développement des compétences Canada ACCELERATED LABOUR MARKET OPINION APPLICATION PROTECTED
More informationCanada-British Columbia Immigration Agreement
Home > About us > Laws and policies > Agreements > Federal-Provincial/Territorial > British Columbia Canada-British Columbia Immigration Agreement Annex F: Temporary Foreign Workers 2010 1.0 Preamble 1.1
More informationEnsuring Compliance When Hiring Foreign Nationals
Business Immigration Ensuring Compliance When Hiring Foreign Nationals Mabel Arroyo 615.726.7387 marroyo@bakerdonelson.com Robert M. Williams, Jr. 901.577.2215 rwilliams@bakerdonelson.com Overview Hiring
More informationThe Law Office of Linda M. Hoffman, P.C. Visa and Immigration Options
The Law Office of Linda M. Hoffman, P.C. 919 18 th Street, N.W., Suite 250 Washington, D.C. 20006 Tel: (202) 331-9450 Fax: (202) 466-8151 www.hoffmanvisalaw.com Immigrant Visa Green Card Visa and Immigration
More information1 - INTRODUCTION. 1.1 Aims and Objectives. 1.2 Policy Issue: The International Mobility Program. 1.3 Lack of adequate data
1 - INTRODUCTION 1.1 Aims and Objectives The main aim of this policy brief is to identify, collect and analyze statistical data from Immigration, Refugees and Citizenship Canada (IRCC) on the number of
More informationFacilitating Your Access to Global Talent: Programs and Supports for Employers
Facilitating Your Access to Global Talent: Programs and Supports for Employers Webinar: Wednesday March 21, 2018 www.iecbc.ca Presenters: Heather Michaud, Employer Liaison Network Officer, IRCC Facilitating
More informationWork Permits. By: R. Reis Pagtakhan Aikins Law p: f: e: and
Work Permits When They Are Needed, How to Get One & How Long It Takes By: R. Reis Pagtakhan Aikins Law p: 957-4640 f: 957-4278 e: rrp@aikins.com and Janice Harper New Flyer Industries p: 224-6412 f: 224-6620
More informationGlobal immigration trends. February 2018
Global immigration trends February 2018 03 Global trends 04 NAFTA 07 US immigration 08 Europe 09 BREXIT 11 CETA 13 Colombia 14 Mexico 15 Brazil 17 Round up Global Trends Security, Trade, Protectionism,
More informationU.S. ENTRY FOR MANAGEMENT CONSULTANTS
U.S. ENTRY FOR MANAGEMENT CONSULTANTS The purpose of this document is to help members better understand their rights and to help them better prepare themselves to enter the U.S. on consulting assignments.
More informationNAVIGATING FROM EXPRESS ENTRY TO PERMANENT RESIDENCY: CRITICAL RISK AND COMPLIANCE ISSUES
NAVIGATING FROM EXPRESS ENTRY TO PERMANENT RESIDENCY: CRITICAL RISK AND COMPLIANCE ISSUES Evelyn L. Ackah Founder/Managing Lawyer 3 PRESENTATION OUTLINE I. Immigration Glossary II. Express Entry Overview
More informationFRAGOMEN, DEL REY, BERNSEN & LOEWY, LLP ELLEN G. YOST, PARTNER
This handout will outline some of the most commonly-used nonimmigrant and immigrant visa categories available to foreign nationals seeking to enter the United States temporarily or permanently for business
More informationAVOIDING FROSTBITE: A PRIMER ON CANADIAN EMPLOYMENT, IMMIGRATION AND LABOUR LAWS
AVOIDING FROSTBITE: A PRIMER ON CANADIAN EMPLOYMENT, IMMIGRATION AND LABOUR LAWS ANDREA RASO AMER FRASER MILNER CASGRAIN, LLP + 1 604 622 5152 ANDREA.RASOAMER@FMC LAW.COM TONY SCHWEITZER FRASER MILNER
More informationHR & Recruiter Immigration Training
HR & Recruiter Immigration Training Presented by Malcolm Goeschl & Randi Nagahori August 29, 2018 Talking Points 1. Key Immigration Concepts and Documents 2. Overview of Nonimmigrant Process 3. Key Nonimmigrant
More informationStudent and Youth Mobility: Opportunities within Canada s Immigration System
Student and Youth Mobility: Opportunities within Canada s Immigration System Presentation to the International Organization for Migration INTERNATIONAL DIALOGUE ON MIGRATION 2014 Geneva, 7-8 October 2014
More informationGlobal Skills Strategy Overview and Update for CERC. April, 2018
Global Skills Strategy Overview and Update for CERC April, 2018 Global Skills Strategy: Context Canadian firms need to be able to access the skills and expertise of talented workers from around the world
More informationGetting Your Global Workforce Across the Canadian Border. By R. Reis Pagtakhan Aikins Law p: (204) e:
Getting Your Global Workforce Across the Canadian Border By R. Reis Pagtakhan Aikins Law p: (204) 957.4640 e: rrp@aikins.com Table of Contents I. Introduction Page 2 II. Citizens, Permanent Residents or
More informationImmigration Pathways for Skilled Workers. James Seyler Employer Liaison Network April 2018
Immigration Pathways for Skilled Workers James Seyler Employer Liaison Network April 2018 Support from IRCC officers in Canada Employer Liaison Network (ELN) 6 officers: Halifax, Ottawa, Toronto, Winnipeg,
More informationUpdate on the Temporary Foreign Worker Program
e x p e c t t h e b e s t Update on the Temporary Foreign Worker Program by Henry J. Chang Henry J. Chang is co-chair of the firm s International Trade and Business Group and a member of its Immigration
More informationEmploying International Students: Immigration Options
Employing International Students: Immigration Options SFU Business Career Management Centre November 27, 2007 Vancouver Province October 28, 2007 Copyright 2007 Global Steps Relocation Consulting and Think
More informationBuilding a Fast and Flexible Immigration System. Canada-China Human Capital Dialogue November 28, 2012
Building a Fast and Flexible Immigration System Canada-China Human Capital Dialogue November 28, 2012 Overview of the Presentation 1. Immigration, the Government s agenda and Canada s future 2. An overview
More informationModernization of Client Service Delivery
Modernization of Client Service Delivery CANADIAN BAR ASSOCIATION IMMIGRATION LAW SECTION January 2017 500-865 Carling Avenue, Ottawa, ON, Canada K1S 5S8 tel/tél : 613.237.2925 toll free/sans frais : 1.800.267.8860
More informationNon-Immigrant / Immigrant Clarification (This handout goes along with the power point slide supplement A)
Non-Immigrant / Immigrant Clarification (This handout goes along with the power point slide supplement A) Immigration Alphabet Soup Work Visas/ Clarification: Immigrant or Nonimmigrant Immigrant = Individual
More informationEffective July 14, Employer Driven Application Guidelines. Page 1 of 22
Page 0 of 22 Page 1 of 22 Table of Contents 1.0 Introduction... 3 2.0 Key Partners... 4 3.0 Service Standards... 5 4.0 Application Process... 6 4.1 Prior to Submitting an Application Package... 6 4.2 How
More informationTEMPORARY FOREIGN WORKER PROGRAM
BCFED SUBMISSION JUNE 2016 TEMPORARY FOREIGN WORKER PROGRAM Submission to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities Review of
More informationRecent Changes to Economic Immigration Programs
Recent Changes to Economic Immigration Programs Presentation for the Pathways to Prosperity National Conference Ottawa November 15, 2013 Sandra Harder Director General Strategic Policy and Planning, CIC
More informationAPPLYING TO WORK OR IMMIGRATE TO CANADA MARCH
APPLYING TO WORK OR IMMIGRATE TO CANADA MARCH 19, 2009 Citizenship and Citoyennet et Immigration Canada Immigration Canada Canada Visa Offices in the U.S. BUFFALO Regional Processing Centre Receives all
More informationMinistry of Citizenship and Immigration. Follow-Up on VFM Section 3.09, 2014 Annual Report RECOMMENDATION STATUS OVERVIEW
Chapter 1 Section 1.09 Ministry of Citizenship and Immigration Provincial Nominee Program Follow-Up on VFM Section 3.09, 2014 Annual Report RECOMMENDATION STATUS OVERVIEW # of Status of Actions Recommended
More informationCountry Profile: Germany
Introduction This country guideline provides general information on the most common corporate immigration processes for Germany. Please note that immigration processes in every country are subject to frequent
More informationDecember 1, Via
December 1, 2015 Via email: Matthew.Graham@cic.gc.ca Matthew Graham Acting Director, Economic Immigration Policy and Programs Division Immigration Branch Immigration, Refugees and Citizenship Canada 365
More informationComparative Study on the Employment of Foreign Nationals in France, Slovenia, Bosnia and Herzegovina (BiH) and Montenegro
Comparative Study on the Employment of Foreign Nationals in France, Slovenia, Bosnia and Herzegovina (BiH) and Montenegro November 2010 This comparative study is being carried out on behalf of the International
More informationCERC Global Skills Strategy Update
CERC Global Skills Strategy Update June 22, 2017 Outline 1.Temporary Foreign Worker Streams: TFWP IMP 2.: Faster Work Permits Work Permit Exemptions Employer s Dedicated Service Channel and Referral Partners
More informationDemystifying the U.S. Visa Process. U.S. Department of State U.S. Consulate General Toronto
Demystifying the U.S. Visa Process U.S. Department of State U.S. Consulate General Toronto Presentation Topics Visa Basics Job Interviews Academic Study Internships Employment Application Process Other
More informationApplication Guide: Ontario s Express Entry French- Speaking Skilled Worker Stream
Ministry of Citizenship and Immigration Application Guide: Ontario s Express Entry French- Speaking Skilled Worker Stream Ontario Immigrant Nominee Program Disponible en français Effective: January 17,
More informationEffective July 14, 2017
Page 1 of 22 Table of Contents 1.0 Introduction... 3 2.0 Key Partners... 4 3.0 Service Standards... 5 4.0 Application Process... 6 5.0 Application Approval and Nomination Process... 9 6.0 Application Denial...
More informationImmigration Tsunami: Understanding the Tidal Wave of Compliance When Hiring Foreign Nationals
Immigration Tsunami: Understanding the Tidal Wave of Compliance When Hiring Foreign Nationals Wendy Padilla-Madden wmadden@bakerdonelson.com (205)250-8378 Overview Hiring a foreign national employee differs
More informationRUTGERS POLICY. 3. Who Should Read This Policy All deans, directors, and hiring managers and employees who are foreign nationals
RUTGERS POLICY Section: 60.1.2 Section Title: Universitywide Human Resources Policies & Procedures Policy Name: Employment of Foreign Nationals Formerly Book: 3.1.3 Approval Authority: Senior Vice President
More informationTHE ABCs OF IMMIGRATION The HR Guide to U.S. Immigration Visas and Green Cards
THE ABCs OF IMMIGRATION The HR Guide to U.S. Immigration Visas and Green Cards B E H L O P TN EB INTRODUCTION As a human resources professional, you re tasked with finding the right talent to help your
More informationOP 14. Processing Applicants for the Live-in Caregiver Program
OP 14 Processing Applicants for the Live-in Caregiver Program Updates to chapter... 2 1. What this chapter is about... 4 2. Program objectives... 4 3. The Act and Regulations... 4 3.1. Forms required...
More informationMost Irish temporary foreign workers obtain work permits which authorize them to work in Canada under either:
Work Permit FAQs Most Irish temporary foreign workers obtain work permits which authorize them to work in Canada under either: The International Experience Canada Program (IEC) OR The Temporary Foreign
More informationThe Importance of Global Workers in Canada s ICT and Digital Media Industries
The Importance of Global Workers in Canada s ICT and Digital Media Industries January 2014 The Information and Communications Technology (ICT) and Digital Media industries are among the fastest growing
More informationLow Skilled Worker Pilot Project
Low Skilled Worker Pilot Project NATIONAL CITIZENSHIP AND IMMIGRATION LAW SECTION CANADIAN BAR ASSOCIATION May 2006 865 Carling Avenue, Suite 500, Ottawa, Ontario K1S 5S8 Tel/Tél: 613 237-2925 Toll free/sans
More informationExpress Entry Reforms and Early Trends. Steven Owen Employer Liaison Officer November 29, 2017
Express Entry Reforms and Early Trends Steven Owen Employer Liaison Officer November 29, 2017 Comprehensive Ranking System (CRS) Express Entry Pool EXPRESSION OF INTEREST 1. MINIMUM ENTRY CRITERIA 2. COMPREHENSIVE
More informationnovember 2010 Business Immigration
november 2010 Business Immigration 1400, 350-7th Avenue SW, Calgary, Alberta T2P 3N9 Phone: 403-260-0100 Fax: 403-260-0332 www.bdplaw.com On Record Contents: Recent Amendments to the Temporary Foreign
More informationU.S. Business Immigration Current Issues and Trends U.S.-Mexico Bar Conference September 27-29, 2017
U.S. Business Immigration Current Issues and Trends U.S.-Mexico Bar Conference September 27-29, 2017 Ellen S. Kief Dentons Canada LLP Counsel U.S. Immigration Law Practitioner of Foreign Law (BC) Attorney
More informationA Primer on Canada s Foreign Workers.
A Primer on Canada s Foreign Workers. REPORT SEPTEMBER 2016 A Primer on Canada s Foreign Workers Kareem El-Assal and Dr. Arthur Sweetman Preface The June 2014 overhaul of the Temporary Foreign Worker Program
More informationImmigration 101. Tuesday, March 17, 2015
Immigration 101 Tuesday, March 17, 2015 Speakers Jenifer M. Brown, Partner Ice Miller Indianapolis, IN brownj@icemiller.com Leigh Cole, Shareholder and Director Dinse, Knapp & McAndrew Burlington, VT lcole@dinse.com
More informationEmployer Designation Application
Employer Designation Application ATLANTIC IMMIGRATION PILOT PROJECT The Atlantic Immigration Pilot is a three-year employer-driven immigration program aimed at addressing skill gaps and labour market needs
More informationTemporary Foreign Worker Program - Overview. Canadian Federation of Agriculture Ministerial Roundtable May 3, 2018
Temporary Foreign Worker Program - Overview Canadian Federation of Agriculture Ministerial Roundtable May 3, 2018 Program Overview The objective of the Temporary Foreign Worker (TFW) Program is to provide
More informationAaron M. Blumberg Associate
Immigration 101 Aaron M. Blumberg Associate Fragomen, Del Rey, Bernsen & Loewy, LLP One Alhambra Plaza Suite 600 Coral Gables, Florida 33134 Telephone: (305) 774-5800 E-Mail: ablumberg@fragomen.com Copyright
More informationGeneral Information of L-A Visa
General Information of L-A Visa The L-1 visa is a temporary non-immigrant visa which allows companies to relocate foreign qualified employees to its U.S. subsidiary or parent company. Since it s a temporary
More informationFundamentals of Immigration Law. Klasko Immigration Law Partners, LLP 2017 Annual Spring Seminar
Fundamentals of Immigration Law Klasko Immigration Law Partners, LLP 2017 Annual Spring Seminar Andrew J. Zeltner, Esq. Andrew J. Zeltner is an Associate in the Firm s Philadelphia office. Mr. Zeltner
More informationImmigration Law and Employment Issues: The Basics and More
Immigration Law and Employment Issues: The Basics and More Jorge Lopez Chair, Global Mobility and Immigration Practice Group Littler Miami jlopez@littler.com Michelle White Associate Littler Miami mvalerio@littler.com
More informationWorking in Alberta. Information for foreign workers
Working in Alberta Information for foreign workers Whitehorse Iqaluit Yellowknife Vancouver Alberta Edmonton Canada Charlottetown St. John s Calgary Regina Winnipeg Fredericton Halifax Montreal Ottawa
More informationInspector's Field Manual. The applicant must establish Canadian citizenship.
The applicant must establish Canadian citizenship. The I-129 petition may be filed (in duplicate) by the U.S. or foreign employer in advance of entry or in conjunction with an application for admission.
More informationEssential Skills and the Integration of Newcomers into the Canadian Labour Market
Essential Skills and the Integration of Newcomers into the Canadian Labour Market Immigration and the Canadian Labour Market Immigration is expected to play an increasingly important role in Canada s economy
More informationAHLA. VV. Managing Risk in Employing Foreign Nationals during the Trump Years. Isabelle Bibet-Kalinyak McDonald Hopkins LLC Cleveland, OH
AHLA VV. Managing Risk in Employing Foreign Nationals during the Trump Years Isabelle Bibet-Kalinyak McDonald Hopkins LLC Cleveland, OH Mary Therese Link Vice President, Deputy General Counsel Legal Operations,
More information1. Employment-based Immigration Programmes and Temporary Labour Migration Programmes Assessing Foreign Labour Demand... 9
Employment and Residence Permits for Migrant Workers, 2009 Content: 1. Employment-based Immigration Programmes and Temporary Labour Migration Programmes... 2 2. Assessing Foreign Labour Demand... 9 3.
More informationBlaneys on Immigration Law
M A R C H 2 0 1 1 Blaneys on Immigration Law This newsletter is designed to highlight new issues of importance in immigration related law. We hope you will find it interesting, and welcome your comments.
More informationTOPICSFOR EMERGINGCOMPANIES
ESSENTIALS FOR STARTUPS: A LEGAL TOOLKIT FOR IN HOUSE COUNSEL IMMIGRATION LAW FOR STARTUPS Flora Hoffman Weaver Schlenger Mazel LLP Carolyn Rashby Miller Law Group Temporary Work Visas Permanent Residence
More informationBC Provincial Nominee Program
BC Provincial Nominee Program Immigration Pathways for International Students University of Victoria October 23, 2017 Ministry of Jobs, Trade, and Technology Workforce, Immigration and Major Investments
More informationApplication Guide - Employer Job Offer: Foreign Worker Stream
Ministry of Citizenship and Immigration Application Guide - Employer Job Offer: Foreign Worker Stream Ontario Immigrant Nominee Program Disponible en français Effective: January 17, 2018 TABLE OF CONTENTS
More informationIMMIGRATION LAW OVERVIEW DETAILED OUTLINE
IMMIGRATION LAW OVERVIEW DETAILED OUTLINE This is the part of the law that deals with aliens who come to the United States to stay either permanently or temporarily. An alien who comes to stay temporarily
More informationOntario Immigrant Nominee Program. CERC Conference November 29, 2017
Ontario Immigrant Nominee Program CERC Conference November 29, 2017 Outline 1. Overview of Ontario Immigrant Nominee Program 2. OINP Success 3. OINP Modernization 4. OINP Stream Categories 5. Current Status
More informationImmigration Options for Foreign Students
TERMINOLOGY Immigration Options for Foreign Students Myers Thompson PA 400 1 st Avenue North, Suite 520 Minneapolis, MN 55401 (612) 349-3062 jmedeiros@myersthompson.com John Medeiros Attorney Nonimmigrant
More informationApplication Form Guidelines Employer Driven Streams
Northwest Territories Nominee Program Application Form Guidelines Employer Driven Streams Government of the Northwest Territories Department of Education, Culture and Employment Table of Contents 1.0 Introduction...
More informationImpact of Immigration on Canada s Digital Economy
Impact of Immigration on Canada s Digital Economy Regional Outlook: This study is an ICTC initiative to analyze the labour market outcomes of immigrants in the ICT labour force in Canada, with particular
More informationPolicies for High-skilled Immigrants
Austria Belgium Czech Republic Denmark permit and unrestricted work permit (generally after 5 years of residence and fulfilment of integration agreement). EU-8 nationals after 1 year and third country
More informationBC Provincial Nominee Program
BC Provincial Nominee Program Immigration Pathways for International Students University of British Columbia June 15, 2018 Ministry of Jobs, Trade, and Technology Workforce, Immigration and Major Investments
More informationELIGIBLE VISA CLASSIFICATION
ELIGIBLE VISA CLASSIFICATION E-1 Treaty Trader An individual who is in the U.S. to conduct trade under a treaty between his/her country and the U.S. or his/her employer and other companies. E-2 Treaty
More informationPolicy & Procedure Review. Date Submitted: June 8, 2018 Department: Human Resources Division:
Policy & Procedure Review Date Submitted: June 8, 2018 Department: Human Resources Division: Business and Financial Affairs Division Policy & Procedure Number & Name: New Revision Last Revision 02/11/2015
More information2014 SUMMER SEMINAR BC COUNCIL FOR INTERNATIONAL EDUCATION
2014 SUMMER SEMINAR BC COUNCIL FOR INTERNATIONAL EDUCATION WWW.BCCIE.BC.CA SESSION TITLE: Best Practices for Working with Agents in Compliance with Canadian Legislation Regarding Advice and Representation
More informationPlaying in the Global Talent Market: Recruitment & Immigration Insights. HR Tech Group May 17, 2007
Playing in the Global Talent Market: Recruitment & Immigration Insights HR Tech Group May 17, 2007 Agenda 1. Global Recruitment 2. Immigration 3. Testing your knowledge 2 Global Recruitment The Basics
More informationManaging Canada s Labour Market Needs in the 21 st Century
www.asiapacific.ca Number 52 Managing Canada s Labour Market Needs in the 21 st Century Executive Summary By Catherine A. Sas, Q.C. and Don J. DeVoretz* Canada is experiencing its worst labour shortage
More informationApplication Guide: Ontario s Express Entry French- Speaking Skilled Worker Stream
Ministry of Economic Development, Job Creation and Trade Application Guide: Ontario s Express Entry French- Speaking Skilled Worker Stream Ontario Immigrant Nominee Program Disponible en français Effective:
More informationCHAPTER THIRTEEN TEMPORARY ENTRY FOR BUSINESS PERSONS
CHAPTER THIRTEEN TEMPORARY ENTRY FOR BUSINESS PERSONS Article 13.01: Definitions For purposes of this Chapter: business person means a national of a Party engaged in trading goods, providing services or
More informationAnnex 8 referred to in Chapter 9. Specific Commitments for Entry and Temporary Stay of Nationals for Business Purposes
Annex 8 referred to in Chapter 9 Specific Commitments for Entry and Temporary Stay of Nationals for Business Purposes Part 1 Specific Commitments of Japan Section 1 Short-term Business Visitors 1. Entry
More informationBSF5058 (E) Rev. 08. CANPASS Private Boats
BSF5058 (E) Rev. 08 CANPASS Private Boats La version française de cette publication est intitulée CANPASS Bateaux privés. The CANPASS Private Boats program is a result of the Canada U.S. Accord on our
More informationIMMIGRATION Table of Contents Applying to Change Conditions or Extend Your Stay in Canada - Forms: Worker Wor k Permit
Citizenship and Immigration Canada Citoyenneté et Immigration Canada IMMIGRATION Canada Applying to Change Conditions or Extend Your Stay in Canada - Worker Work Permit Restoration of Temporary Resident
More information