BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys BROWNSTEIN...

BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN

&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys



RECRUITINGRECRUITINGFOREIGNFOREIGN

WORKERSWORKERS

RECRUITINGRECRUITINGFOREIGNFOREIGN

WORKERSWORKERS

Options, Solutions and Guidelines for Canadian businesses

2Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm

Our Law Firm

IntroductionIntroduction

• A full service Canadian Immigration Law firm

• More then 40 years of combine corporate immigration experience

• Canadian and USA licensed attorneys;

• Our clients Multinationals and SMEs

• IT industries, Electronics, Hydro, Entertainment






Our Lawyers: Herbert M. Brownstein


• Add Bullet points of Herbs resume






Our Lawyers: Mitchell Brownstein


• Add Bullet points of Mitch……






Our Services


• Work permits & Executives transfer

• Inbound and out bound

• USA immigration

• NAFTA

• Etc.






• An introduction to the process

• Temporary and permanent visas

• An overview of work permits

• HRDC and the work permit process

• Special government programs

• General post landing issues

Topics for this presentationTopics for this presentation


Citizenship and Immigration Canada – CIC – www.cic.gc.ca

Human Resources Development Canada – HRDC –www.hrdc.gc.ca

- Immigration and Refugee Protection Act IRPA 2001 ( 1.11.2001)

- Immigration and Refugee Protection Regulations 2002 ( 28.6.2002)

- Immigration Manuals and Operation Memoranda

Who is coming?

Immigration overviewImmigration overview

What are they going to do?

How long are they going to stay?

Two Main Government Agencies

http://www.cic.gc.ca/

http://www.hrdc.gc.ca/


Canada Immigration & Visa

Permanent Immigration Temporary visa

Family Class

Economic Class

Refugee Class

Skilled workers

Business

Investors Entrepreneur Self-employed

Skilled workers

ProvincialNominee

Federal Program

Work permits

NOTrequired

WPrequired,HRDC notrequired

WP&

HRDC required

Visitor Student Work-Permit

Immigration subsectionsImmigration subsections


Every worker who is not a citizen or permanent resident of Canada cannot work in Canada unless that person has:

General Principles :General Principles :

1. A job offer from a Canadian employer and

2. That job offer is approved by the HRDC and

3. Visa application is approved by the visa post abroad.

What is work? What is work? - An activity for which wages or

commissions are paid OR

- That competes directly with the activity of a Canadian

Work permitsWork permits


No

Yes

NO

Yes

Is occupation the kind that

does not require work permit?

Is occupation the kind that does

not require HRDC approval but WP?

Is occupation the kind that needs HRDC approval and work permit?

Does the company wish to hire foreign workers? NO No further action required

Is individual required to be temporary or permanent? Permanent Follow PR

Temporary

Have enough efforts been made to hire Canadians? More efforts to hire locally or within the company required NO

Does occupation need license to work in Canada? Make sure foreign employee has license; See NOC for provincial license requirement

YES

Has the foreign worker been identified? NO Identify the foreign worker

Is Foreign worker in Canada?Make sure the person can apply at port of entry

otherwise actual WP applications need to be made at a visa post abroad and applicant must

go out of Canada for obtaining WP.

Yes

Work permit process Work permit process

Yes


Work permit process – class 1Work permit process – class 1

Occupation does not require a work permit Occupation does not require a work permit - Apply for temporary

resident visa at the visa post abroad

- Temporary business visa is issued

Business VisitorForeign RepresentativeMilitary Personnel Foreign Government OfficersNews ReportersPublic SpeakersOn-Campus EmploymentPerforming ArtistsAthletes & CoachesConvention OrganizersClergyHealth Care StudentsExpert Witnesses or InvestigatorsInspectorsCrew MembersEmergency Service ProvidersJudges or Referees


1. NAFTA, CCFTA, GATT and other international agreements

2. Intra-Company Transferee

3. Open permit for spouse of foreign workers

4. Canadian interest and significant benefit.

5. IT workers and software programmers

Work permit process – class 2 Work permit process – class 2

Occupation does require a work permit, Occupation does require a work permit, but does not require HRDC approvalbut does not require HRDC approval


1. Apply to HRDC for job validation / Labor Market Opinion.

2. On HRDC approval, employee applies for work permit using a prescribed form with supporting documents, visa fees at visa post abroad or at the port of entry.

Work permit process – class 3Work permit process – class 3

Occupation requires HRDC approval and a work permit Occupation requires HRDC approval and a work permit


Immigration department has no expertise in the Canadian labor market and wishes to know over-all effect of the job being offered including authenticity of the jobApplication to be made using prescribed forms with supporting documents EMP 5239 and must be sent to HRCC Foreign workers office (Not any HRDC)

Change in Policy / Criteria for HRDC Approval

OLD Policy:“No other Canadian can

reasonably be found to fill the position”

NEW Policy:“Neutral or positive effect

on the Canadian economy”

Known as “Job Validation” Known as “Labor Market Opinion”

Work with HRDC, LMO and Work permit Work with HRDC, LMO and Work permit


1. A job title – NOC.

2. Description of the job - Listing with duties and responsibilities.

3. A list of educational qualifications, skills and experience that the worker must have for the job.

4. Temporary job offer.

5. Details of the salary being offered including wages and other forms of payment that are consistent with the Canadian labor market.

6. The name and address of the employer and the location where the foreign worker will be working.

7. CIC and HRDC officers may check if the business and the job being offered are genuine. Include the contact details for a person at the business who is familiar with the job offer.

Temporary job offer Temporary job offer


1. Whether company has made or agreed to make efforts to hire Canadians

2. Whether wage and working conditions offered are sufficient to attract Canadians

3. Whether the worker is likely to fill labor shortage in Canada

4. Whether the job offer is likely to result in direct job creation or retention.

5. Whether the job offer is likely to result in creation or transfer of skills or knowledge for the benefit of Canadians.

6. Whether the employment is likely to adversely affect the labor dispute in Canada or employment of any person involved in the dispute.

Each application needs to be supported by documents that can justify the above criteria such as wage survey, job advertisements, etc.

Once HRDC gives Labor Market Opinion, it will send approval or rejection letterto the employer informing of its decision and reasons for the same. HRDC also informs the concerned visa post regarding approval or rejection.

Employer must inform foreign worker so he can apply for work permit at visa post abroad.

Criteria for HRDC Labor Market Opinion Criteria for HRDC Labor Market Opinion


1. Application form IMM 1295 B

2. Visa office’s specific form must be completed.

3. Visa fees of 150 CD$ or in local currency must be paid by bank draft.

Along with a cover letter the following documents should be produced:

a. Three passport size photos taken in white background. b. Copy of the passport and birth certificate. c. Marriage certificate, if married.

e. All education documents to prove employee has education as per NOC.f. All work experience documents to show necessary work experience.

g. If license is required to perform job in Canada, Foreign worker must have Unconditional License to work in Canada for that province and proof must be produced.

If approved, must go through medical if coming to Canada for more than 6 months

Residents of certain countries do not have to undergo medical tests

Must apply at the visa post which serves the country of Foreign worker’s residenceunless he is legally residing in another country for 12 months or more

Application for work permit ( temporary) Application for work permit ( temporary)


- Work visa can be extended within Canada

- If HRDC approval required, new approval must be obtained.

- Application is made to CPC, Vegreville, AB

- Application must be made 60 days before expiration of visa

- If over stayed, can be reinstated within 90 days by paying extra fees.

- Application form IMM 1249 must be sent along with documents & visa fees.

Application for extension of Application for extension of work permit ( temporary) within Canada work permit ( temporary) within Canada


1. Only Skill Level O, A and B of NOC can be employed

3. Job offer from employer gives 15 points.

4. Job offer must be genuine. a. The wages and working conditions must be same as offered to Canadiansb. The employment must be full time and not seasonalc. The position must not be located in the province of Quebec

d. The employer will not bring the foreign employee till PR is issued

e. Must make application to HRDC for “ Job Validation”. The process, form and requirements are different

2. Must score 67 points out of 100 to get immigration

Points are awarded for:

Education Work experience Both Languages Age

HRDC approved job Adaptability Canadian education, experience, Spouse’s education and job offer

Permanent job offer Permanent job offer


HRDC form EMP – 5275 E Must be in prescribed form with following documents:

1. Offer of employment to the foreign worker on company letterhead signed by the person responsible for hiring employees. Letter must state length of time the offer of employment is open, title of the job position and salary to be paid to the foreign worker.

2. Copies of remittance forms issued by CCRA for last 12 months.

3. Evidence that business has been in operation for more than 1 year – Documents to be submitted as evidence:

a. Business licenses for more than 12 months

b. CCRA T4 – Summary of Deductions for previous year

c. Commercial lease agreement of the business location

HRDC approval for permanent job offer HRDC approval for permanent job offer


* Manitoba – Occupation List

* Saskatchewan – Occupation List

* New Brunswick – Occupation List

* Prince Edward Island – Occupation List

* Alberta – Employer driven

* Nova Scotia – Industry based

* Newfoundland – Updated-Industry based

* British Columbia – Employer-Industry based

Provincial Nominee Programs with Provincial Nominee Programs with permanent job offer permanent job offer


- Job offer for permanent position required

- Job position must be on the occupation list - industry

- 1st application to PNP immigration

- After PNP – application to Immigration Canada for medical and security clearance

- Permanent visa issued

- Employer and employee have no mutual obligations

Provincial Nominee Program processProvincial Nominee Program process


1. Software Pilot Project – No HRDC LMO 2. Live-in Care Giver – Needs HRDC LMO

3. Seasonal Agricultural workers.

4. Film and Entertainment Industry 5. Academics 6. Pilot project for skilled level C & D of NOC – Started August 2003

Ontario Special programsOntario Special programs1. Tool and Die makers

2. Construction workers

3. Health care professionals – Nurses, Pharmacists & Physicians

HRDC: Special Federal ProgramsHRDC: Special Federal Programs


Extension if needed can be applied within Canada. If applied to HRDC, new HRDC application needs to be made. Minimum 30 days before expiration.

1. Medical Clearing Ontario requires three months waiting period before medical coverage granted.

3. Medical Coverage

4. Social Security Number

5. Housing

6. Children’s education

Post landing issuesPost landing issues

2. Canada Customs


1. On line recruitment sites

2. Posting on the company web site

3. Canadian association’s web site

5. Working with specialists or professionals who provide services to foreign workers in preparation of application.

4. Posting on the HRDC web site

Recruiting at no cost Recruiting at no cost


Website LinksWebsite Links

HRDCwww.hrdc.gc.ca

Citizenship & Immigration Canadawww.cic.gc.ca

Foreign workershttp://www.hrdc-drhc.gc.ca/hrib/lmd-dmt/fw-te/common/intro.shtml

NOC http://www23.hrdc-drhc.gc.ca/2001/e/generic/welcome.shtml

Ontario HRDC http://www.on.hrdc-drhc.gc.ca/english/ps/fwp/welcome_e.shtml

http://www.hrdc.gc.ca/

http://www.cic.gc.ca/

http://www.hrdc-drhc.gc.ca/hrib/lmd-dmt/fw-te/common/intro.shtml

http://www23.hrdc-drhc.gc.ca/2001/e/generic/welcome.shtml

http://www.on.hrdc-drhc.gc.ca/english/ps/fwp/welcome_e.shtml





6000 Cote Des Neiges Suite 5906000 Cote Des Neiges Suite 590Montreal, Quebec, Montreal, Quebec,

Canada H3S 1Z8Canada H3S 1Z8

T: (514) 939-9559T: (514) 939-9559F: (514) 939-2289F: (514) 939-2289

Email: Email: [email protected]@brownsteinlaw.com

6000 Cote Des Neiges Suite 5906000 Cote Des Neiges Suite 590Montreal, Quebec, Montreal, Quebec,

Canada H3S 1Z8Canada H3S 1Z8

T: (514) 939-9559T: (514) 939-9559F: (514) 939-2289F: (514) 939-2289

Email: Email: [email protected]@brownsteinlaw.com

mailto:[email protected]

mailto:[email protected]

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