temporary foreign worker program - GS Immigration Advisors

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temporary foreign worker program

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

From employment to education: How Americans might start their Canadian adventure

Online research indicates that Americans and those living in the United States may be considering immigration to Canada as another election cycle approaches in the United States (U.S.). Every year, a small but significant number of Americans immigrate to Canada, many of them being motivated by political upheavals in their native country. Thus, how can Americans and those living in the United States be ready for and travel to Canada? The following resource, created by CIC News, provides answers to many of the most pertinent queries. Discover if You Are Eligible for Canadian Immigration What is the easiest way to move to Canada from the United States? There are a number of ways that citizens of the United States can move to Canada. These can broadly be broken down into: temporary resident pathways; and permanent resident/citizenship pathways. Temporary resident pathways are usually tied to a sing purpose, function, or task that an individual has come to Canada for (i.e.: study permit, work permit, tourist visa, etc.). These pathways allow Americans to live and work and/or study in Canada for a temporary period. Permanent resident pathways on the other hand allow Americans to become permanent residents of Canada, essentially giving them the ability to live and settle in Canada as they wish, while retaining their American citizenship. These pathways are sometimes (but not always) an option only after eligibility is built through a temporary resident pathway. Lastly pathways to citizenship allow Americans to become Canadian citizens as well. American nationals can be dual citizens of both the United States and Canada simultaneously and need not give up one citizenship to attain the other. What are common temporary resident pathways to Canada? This question can be more specifically broken down by the kind of temporary resident status one might pursue: student and worker. How can Americans move to Canada to study? Each year, approximately 15,000 U.S. citizens choose to study in Canada, attracted by the high-quality education system and diverse cultural experiences. Canada boasts over 1,500 universities and colleges. Once accepted by a Designated Learning Institution (DLI), Americans can apply for a study permit. This process involves submitting an acceptance letter, proof of sufficient funds to cover tuition and living expenses, and a provincial attestation letter (PAL), which confirms that the student’s acceptance to an educational institution is recognized by the provincial or territorial government. Eligible international students in Canada can work up to 20 hours a week during the academic year and an unlimited number of hours during scheduled breaks (such as summer or winter vacation), helping to supplement their income and gain valuable work experience. After graduating from an eligible Canadian institution, students can apply for a Post-Graduation Work Permit (PGWP), which allows them to gain Canadian work experience for up to three years (depending on the length of their academic program). This experience can significantly enhance their chances of obtaining permanent residency through dedicated pathways for international graduates of Canadian schools, such as the Canadian Experience Class (CEC) under the Express Entry system. How can Americans come to Canada to work? Americans looking to work in Canada have several options available to them, each catering to different circumstances and types of employment. A Canadian work permit is an essential to work legally in Canada on a temporary basis. Work permits can broadly be broken down into two main types: open work permits and LMIA-based (closed) work permits. LMIA-Based Work Permits: Often, to hire a foreign worker, an employer must secure a Labour Market Impact Assessment (LMIA), which serves as evidence that hiring the foreign worker will have a neutral or positive impact on the local labor market. Once the LMIA is obtained, applicants can apply for a temporary work permit from Immigration, Refugees and Citizenship Canada (IRCC), usually under the Temporary Foreign Worker Program (TFWP). Some occupations may qualify for expedited processing under specific programs, streamlining the hiring process for certain high-demand roles. Open Work Permits: Many work permit holders in Canada do not require an LMIA. Open work permits allow individuals to work for any employer in Canada, with some exceptions. These permits are typically issued under initiatives that fit under the International Mobility Program such as the International Experience Canada (IEC) program (which includes the Working Holiday work permit) or as the Post-Graduation Work Permit (PGWP) for graduates of Canadian educational institutions. Americans in particular have a few work permit options open to them: Global Talent Stream: This federal program, part of Canada’s Global Skills Strategy, allows Canadian employers in high-growth and IT sectors to quickly hire skilled foreign workers when no Canadians are available. The process includes completing an LMIA and meeting specific requirements, such as salary commitments. Work permit applications under the Global Talent Stream are typically processed in one month or less. Canada-U.S.-Mexico Agreement (CUSMA): Formerly known as NAFTA, CUSMA facilitates a streamlined process for U.S. citizens applying for temporary work permits in Canada. Work permits under CUSMA generally do not require an LMIA. U.S. citizens can work in Canada under CUSMA as professionals, intra-company transferees, traders, or investors. Professionals must be qualified in one of over 60 targeted professions. Intra-company transferees must have been employed continuously for their U.S. employer for at least one of the last three years in a managerial, executive, or specialized knowledge role. Traders and investors must demonstrate substantial trade between Canada and the U.S. or significant investment in a Canadian business. Intra-Company Transfer: Given the strong trade relationship between the U.S. and Canada, many American businesses have branches, affiliates, or subsidiaries in Canada. The Intra-Company Transfer Program allows these businesses to bring key employees to Canada without needing an LMIA. Eligible employees, typically in executive, managerial, or specialized knowledge roles, can come to Canada with their families. Working without a Work Permit: Some U.S. citizens can perform work in Canada without a temporary work permit. This includes business visitors who engage in trade activities but do not enter the Canadian labor market. Working Holidays (International Experience Canada): Under the International Experience Canada (IEC) program, U.S. citizens aged 18 to 35 can obtain an open work permit for 12 months. This program is designed for young people, including recent full-time

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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