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NEWS

Quebec declares that it will no longer be processing LMIAs for some temporary foreign workers with low wages.

The Labour Market Impact Assessments (LMIAs) that are being processed for job offers with hourly earnings less than $27.47 CAD (the median hourly salary in Quebec) will no longer be processed for candidates in Montréal as of September 3. This legislation has been approved by the Canadian federal government and is anticipated to be in effect for the next six months. Premier François Legault of Quebec and Immigration Minister Christine Fréchette of Quebec announced the suspension this morning with the goal of controlling the number of temporary residents in the province and preserving the integrity of the Temporary Foreign Worker Program (TFWP). Note: People who are in Canada temporarily on a visitor visa, work or study permit, or electronic travel authorization (eTA) are referred to as temporary residents. Discover if You Are Eligible for Canadian Immigration These changes do not apply to: Jobs in a place of work outside of the economic region of Montréal*; Jobs with an offered wage equal to or higher than the current median wage in Quebec ($27.47 CAD); LMIA applications received before the 3rd of September 2024; Employers applying for LMIAs in certain industry groups, as described by the North American Industry Classification (NAICS), including: Agriculture; Construction; Food processing; Education; and Health and social services sectors. *The administrative region of Montréal includes the municipalities of: Baie-d’Urfé; Beaconsfield; Côte-Saint-Luc; Dollard-des-Ormeaux; Dorval; Hampstead; Kirkland; L’Île-Dorval; Montréal; Montréal East; Montréal West; Mount Royal; Pointe-Claire; Sainte-Anne-de-Bellevue; Senneville; and Westmount. The federal government says it will closely monitor this policy as it continues to make decisions about the future of the TFWP. TFWP under attention recently in Canada Canada’s federal program known as the TFWP allows firms to hire foreign workers to assist fill critical labor shortages that cannot be filled domestically. An LMIA is required in order to hire a foreign worker through this stream. Following comments made by Canada’s Ministers of Immigration and Employment, the program has recently come under investigation. Most notably, on August 6th, Randy Boissonnault, Minister of Employment, Workforce Development, and Official Languages, unveiled a series of new initiatives aimed at protecting the TFWP’s integrity, with a focus on the program’s low-wage stream. Boissonnault has previously cited the danger of employers becoming addicted to cheap foreign labour, and emphasized that the TFWP is not meant to circumvent the hiring of Canadian workers in jobs and industries where they are available. He further noted that the low-wage stream of the TFWP was a potential vehicle to artificially depress wages in Canada and stated that the ministry would consider refusing to process LMIA applications under the stream altogether. These sentiments were echoed by Immigration Minister Marc Miller, in recent comments to news agency Reuters. A component of a larger set of actions The TFWP is being modified at the same time that Canada is reevaluating its temporary immigration policies. For instance, Minister Miller declared in March of this year that Canada will be adding levels for temporary residents to the yearly immigration levels plan. To help address this, the IRCC has limited the number of study licenses that can be issued to some overseas students to two years, and they have instituted a Provincial Attestation Letter (PAL) system. In addition to these modifications, Miller has declared his desire to seek new rules pertaining to the granting of Post-Graduation Work Permits (PGWPs) and to increase the number of “domestic draws” aimed at identifying temporary residents who are currently in Canada for permanent residence (PR). Discover if You Are Eligible for Canadian Immigration

NEWS

Are you employed at a global conference in Canada? Find out if a work permit is required.

The start of international events in Canada this summer has drawn tourists from all over the world and covered a wide range of topics, from agriculture to technology. It is crucial that guests to Canada are aware of the precise admission requirements they must fulfill in order to take part in international events in various capacities. The entry requirements for foreign service providers operating under contract at international events will be covered in this article. Note: the Government of Canada defines a “foreign event” as an event held by an organization which is located in – and conducts business from – a country other than Canada. For example, the Collision Conference in Toronto, Ontario, which is hosted by an organization called Web Summit, headquartered in Dublin, Ireland. This foreign event draws thousands of international entrepreneurs, investors and business leaders to Canada annually, and is set to take place in Vancouver next year under the new name ‘Web Summit Vancouver’ from May 27 – 30, 2025. Discover if You Are Eligible for Canadian Immigration Entry requirements for attendees Entry requirements for attendees (those simply attending the event as guests) of foreign events in Canada are straightforward. Attendees are technically tourists to Canada. Attendees must simply meet entry requirements for visitors – like obtaining a visitor visa, or (if from a visa-exempt country) an electronic travel authorization (eTA). Entry requirements for foreign service providers Entry requirements for non-Canadians working foreign events in Canada are more complex. Foreign service providers working under contract for foreign events do not need work permits if they are: event planners; exhibit managers; professional conference organizers; destination marketing company personnel; or event accommodation consultants. However, foreign service providers working under contract to provide the following services do need work permits: Installing or dismantling shows/exhibits; Audio video, staging, or show decorating services; and/or Lighting, carpet laying, carpentry, or electrical work. What kind of work permit is needed for service providers at foreign events in Canada? Non-Canadian service providers at foreign events in Canada typically do not require an LMIA or Labour Market Impact Assessment. Instead, they qualify for an LMIA-exempt work permit known as the significant benefit work permit. To qualify for this LMIA-exempt work permit, you must meet three requirements: You must be working under contract for a foreign event organizer or exhibitor; You must be providing services like audio visual services or electrical work (see the full list of eligible activities above); and You must be supervising and directing local fires at the foreign event. The final requirement is important. You must prove that your role is supervisory–that you will be overseeing local labour rather than completing all the hands-on work yourself. This is because foreign event organizers and exhibitors are expected to hire Canadians to perform labour on the convention floor. If you believe you are eligible for this significant benefit work permit, your work permit application should address all key requirements above by including documents like the formal service agreement, your CV / resume, and more. Visa requirements for foreign service providers and exhibitors In addition to the work permit, foreign service providers (like visitors) working foreign events in Canada will need valid visitor visas or eTAs. Those who are visa-exempt may apply for their work permit at the port of entry to Canada. Those who require visas must apply for their work permit online. If you are applying online, it is important to check processing times to ensure you will meet timelines and obtain your work permit before the event. Contact Cohen Immigration Law for assistance If you plan to work under contract at a foreign event in Canada, the first step is to figure out if you qualify for the significant benefit work permit. Cohen Immigration Law has over 45 years of experience in helping foreign workers and employers navigate Canadian immigration regulations. The law firm can help assess your eligibility and prepare your work permit application, so you can focus on delivering services to your client. Discover if You Are Eligible for Canadian Immigration

Express Entry, NEWS

How to remain in the Express Entry pool and be eligible for jobs in Canada

The expansion of Canada’s labor market is largely due to its economic immigration policies, which have increased the country’s workforce by about 100% in recent years. Owing to the crucial role immigration plays in the Canadian economy, employment efforts are frequently linked to immigration programs in order to assist Canadian firms in filling open positions for which they may not be able to hire domestically. Employers’ capacity to select applicants from the Express Entry candidate pool is a prime illustration of this. Discover if You Are Eligible for Canadian Immigration When is the Express Entry system used by firms for hiring?   Hiring a foreign national from the Express Entry pool requires employers to meet Immigration, Refugees and Citizenship Canada (IRCC) rules and be in particular circumstances. Employers specifically need to: Verify if the position being hired for meets the requirements for skilled labor. Jobs falling into categories 0, 1, 2, or 3 of the National Occupation Classification (NOC)* under Canada’s TEER (Training, Education, Experience, and Responsibility) system are considered skilled labor; additionally Provide evidence that they have posted the job opening on the Job Bank website run by the Government of Canada and in “two other places” to demonstrate their inability to find a domestic candidate. *The NOC system is used in Canada to define and classify the many professions that are practiced there. It comprises the TEER system, which classifies work levels according to the qualifications, experience, degree, and duties required to carry out the duties of the position. How does Express Entry hiring work for employers?   Using the National Job Bank’s “Job Match” tool, firms in Canada search for prospects and extend job offers through Express Entry. In addition to a plethora of other employment-related services and resources, such as career planning tools, labor market statistics, and hiring assistance, the Job Bank is the federal platform for job postings. The Job Bank’s system will attempt to match up profiles that correspond with the job description in a posting with an employer’s job ad through the use of the Job Match tool. An employer can decide whether to consider these individuals for the post after they have been identified and the hiring procedures have been followed. Keep in mind that the Job Match function takes into account every person in the Job Bank system, not simply those who are part of the Express Entry pool. An employer may initially need a Labour Market Impact Assessment (LMIA) if, after fulfilling all requirements, they choose to extend a job offer to a foreign national in the Express Entry pool. The government conducts labor market impact assessments, or LMIAs, to ascertain the effects of hiring foreign workers on the Canadian labor market. For a document to support a Canadian employer’s hiring of a foreign national, the result must be positive or neutral. Additionally, there are several circumstances in which an LMIA is not required. The business is required by Express Entry to extend a legitimate job offer to the candidate following the acquisition of an LMIA, if necessary. How may those who join the Express Entry pool as newcomers be considered for jobs?   Those new to the Express Entry pool who wish to utilize the Job Bank’s “Job Match” feature must: Possess a current Express Entry profile, complete with a job seeker validation code and profile number; and Open a Job Match account (not to be confused with a Job Bank account, as they are related services). When establishing a profile on the Job Match platform, individuals will be prompted to input their Express Entry details. The IRCC provides job seeker validation numbers, which enable qualified profiles to start seeking for work in Canada. Once a legitimate profile has been submitted to the Express Entry pool, they are generated along with the profile number. It is suggested that candidates get in touch with IRCC if they do not obtain a job seeker validation code. Following the setup and connection of both accounts, job advertisements from the Job Bank will be matched with newcomers. Candidates for Express Entry will only see job ads that have been active on the Job Bank for more than 30 days. Follow these procedures if you are having trouble connecting your Job Match and Express Entry accounts. Visit the government’s dedicated portal here to learn more about the Job Match feature and to register for the program. Discover if You Are Eligible for Canadian Immigration

NEWS, Uncategorized

How the IRCC verifies the authenticity of your employment offer

A work offer may provide a strong basis for a Canadian immigration application. Receiving job offers and accumulating work experience in Canada are frequent requirements to be eligible for several economic immigration routes. Furthermore, obtaining a work visa through the assistance of a Canadian job offer might help people live and work in Canada prior to being granted permanent residence (PR) status. Offers of work, however, can also be used as a cover for fraud and frauds; this deceit is especially likely to target newcomers. A methodology to better comprehend document validity has been created by Immigration, Refugees, and Citizenship Canada (IRCC) in order to better assess whether an offer of employment is genuine. The IRCC determines whether: while analyzing a job offer in support of a work visa application The company that is making the job offer is “actively engaged” in the enterprise; The job offer aligns with the employer’s legitimate needs; The parameters of the employment offer are ones that the employer can fairly accept; and The employer or authorized recruiter making the job offer has demonstrated previous compliance with local, state, and federal employment laws in the province or territory where the candidate will be working. The IRCC further states that the offer of employment must include the employer’s contact information. Discover if You Are Eligible for Canadian Immigration Does the employer work directly for the company?   In this case, the IRCC considers the applicant’s ability to obtain stable employment as well as the legality of the company offering employment. In order to ascertain this, IRCC evaluates if the company: Possesses a running business; Gives a service or good; and has a physical place of employment in Canada where the candidate will be employed. Subsequently, IRCC officers evaluate the employer’s “engagement” in the firm by examining the following: Date of business launch; kind of enterprise; quantity of workers; total revenue; and main undertaking. Officers will carry out a more thorough investigation if Business data raises questions regarding active participation (e.g., the company’s one-year anniversary); and/or Information about the organization that is accessible to the public (by methods like an internet search) is scarce or nonexistent. Does the job offer align with the requirements of the employer?   Officers of the IRCC must be persuaded that the job offer is reasonable given the employer’s line of business. The position for which a candidate is being considered for employment should be one that is fairly expected in the sector or industry of the company. Additionally, employers (should the IRCC contact them) must be able to describe the position they are hiring for and how it meets a reasonable need for employment in terms of both operation (i.e., what the job will entail to meet the needs of the employer) and occupation (i.e., why this kind of professional is needed at this business). Is it reasonable for the employer to carry out the conditions of the job offer?   Employers need to demonstrate that they are able to fairly carry out the conditions stated in their employment offer letter, such as the number of hours worked, the pay rate, and any perks offered. In addition, they must be able to offer the working conditions specified in the offer, which must also meet all applicable provincial and territorial requirements. The reviewing officer may ask the employer for access to different legal and tax records if they need further information. Contracts for businesses, worker’s compensation clearance letters, employer T4 slips, and more may be examples of this. Does the employer follow the rules on hiring and employment?   The IRCC is also required to evaluate whether the company conforms with local, provincial, and federal laws pertaining to hiring and recruiting practices. At this point, any past or present infraction of federal and provincial laws in Canada will be taken into account. If a recruiter was employed to hire a foreign person, the IRCC will also evaluate whether the hiring professionals’ licenses were current at the time the job offer was made. An application may also be rejected for any employers who disobey the IRCC’s request for information. Visit our dedicated webpage here to learn more about getting a work permit in Canada. Discover if You Are Eligible for Canadian Immigration

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