Worker Class Flashcards
Work Permit Required?
- Temporary Foreign Worker Program (LMIA based)
- International Mobility program
- Agreements r. 204
- Canadian Interests r. 205
- Reciprocal Employment
- Designated by the Minister
- Other
- applicants with no other means of support r. 206 - cannot support themsevles in Canada and have made a refugee claim and pending decision or is subject to an unenforceable removal order
- applicants in Canada r. 207 - is a family member of a FN that has been granted permit, a prtected person where decision has not been made yet
- humanitarian reasons r. 208 - if they are temporarily destituted through circumstances or hold TRP for a minimum of 6 months
Work Permit not Required
R. 186
- performing artists that is not for film production
- athletes
- students that are enrolled full time and are working
- members of arm forces
- preachers - religious clergy
- giving a speech
- members of a transportation crew
etc.
objectives
- Last resort for employers to fill jobs for which qualified Canadians are not available (TFWP objective)
- To advance Canada’s broad economic and cultural national interest (international mobility program objective)
5 Primary LMIA categories for TFWP
- High Wage Position sitting at or above the provincial median wage
- Low Wage Positon; there is a cap as to how many employees an employer can bring in under this processing stream
- Global Talent Stream: unique and specialized positions and under this stream there is a set wage that must be met
- Primary agricultural stream: includes the people that are under the Seasonal Agricultural steam (SAWP)
- Academics: there are specific criterias that are set out by ESDC
The employer must pay the FN the median wage or more posted on the Job Bank onthe job bank for the locatio nwhere the worker will be located, if there is an N/A then the employer must meet the provincial wage leve.
LMIA
Once the ESDC issues a positive or neutral the LMIA is valid to the employer for 6 months to apply for a work permit
- the approval will state how long the LMIA will be valid for and if the employer would like to renew the work permit, they will likely require another LMIA
Factors to consider when assessing employment offer
- Verification of the employer and the job offer
- Recruitment Efforts - the onus is on the employer to prove that no other Canadians are available for the position or cannot be trained within a reasonable amount of time
- Union Consultation: all relevant unions of pro associations must provide a letter of consent
- Job Creation
- Transition Plan: employer is required to outline the activites that FW will take to ensure a smooth transition for the benefit of a Canadian
- Labour Shortage
- Wages and Working Conditions
Advertistments: must be posted for four consecutive weeks and cannot be older than three months. There must be one post that remains posted during the entire LMIA process
International Mobility Program
Under this program, they still require a work permit however are exempt from an LMIA, the permit is obtained once the employer submits a job offer to the IRCC
This program is only open to employees if there is a
- International Free Trade Agreement
- Non- Trade agreements
- Federal and provincial Agreements - PNP
NAFTA
- was created to facilitate trade among its three signatory countries: Canada, US and Mexico
- facilitates trade as well as the movement of persons involved in the trades of goods or services
NAFTA has 4 categories which a FN may request authorization to work in Canada
- Business Visitors (no permit is required) - restructed to recieving any income in Canada but their primary source or renumeration remains outside of Canada
- Professionals - must have prearranged employment with a Canadian employer
- Intra-Company transferees - split into two categories - specialized knowledge and senior mangaerial
- traders and investors
CETA
Canada-European Union Economic Trade Agreement
3 Main categories to quality for entry into Canada using CETA
- Key Personnel
- Intra-corporate Transferees: must be employed by the co in Europe for at least one year a senior personnel (primarily directs management or exercises a wide latitude of decision making) or a specialists that has uncommon knowledge or an advanced level of expertise and unlikely not transferable to another person
- Investors
- Contractural services suppliers and independent professionals
- short term business visitors
R. 205
Canada Interests
Under the International Mobility Program: where LMIA is not required but work permit may be issued if:
- would create or maintains significant social, cultural, or economic benefits or opportunities for Canadian citizens or PRs
- would create or maintain reciprical jobs of Canadians in other countries
Open Spousal Work Permit
Allows spouses of CL of a FN skilled worker or student be granted a open work permit
Must demonstrate the following:
- the TFW holds a work permit that is valid for six months or longer
- TFW is working in an occupation that falls within the scope of NOC skill Type 0 or skill level A or B
- have the intension of residing in Canada while working
- there is a genuine relationship between the FN and the spouse
Globals Skills Strategy
Objective: to give employers a faster and more predicable process for attracting top talen and new skills to Canada
- no formal job offer is require and LMIA is exempt
FN must:
- be employed under skill tpe 0 or skil level A in NOC 2016
- work in Canada for short duration - 15 consecutive days in 6 months or 30 in 12 month period
- Cannot extend the stay upon the expiration and if they want to continue to work then they need to apply for TFWP or IMP
Open Work Permit
These are not job specific and do not need to obtain LMIA
People that are eligible:
- spouses
- family member of FN where they have been approved for PR
- People of no means of support
- peopel that meet the eligibility for Caring for Children
- ppl with a TRP valid for at least six months
- International students that have graduated from post secondary school
- refugees with approved claims, or have been rejected and cannot be removed from Canada
R. 199
Eligible to apply for Work Permit within Canada
- holders of valid work and study permit and their families
- FN that are exempted under r. 186
- Holders of TRP for a minimum of 6 months
- refugee claimants that are subject to unenforceable removal order
- people who were given work permits abroad
- in Canada applicants and their family members who are deem as eligible for PR status
Work permit Extensions
- request for the extension must be made 30days prior to expiration
- all conditions must be in compliance
- continues to be eligible for the work permit category which they are applying for
** May continue to work in Canada if they have implied status and the following are met
- application was made before expiration
- have remained in Canada since the expiration of the work permit
- continues to comply with their expired work permit (r. 183(5))
