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Omar Yaqub

Frequently asked questions: Working temporarily in Canada - 0 views

  • Your spouse or common-law partner and children can come with you to Canada or visit you in Canada, but they must meet all the requirements for temporary residents to Canada: they must satisfy an officer that they will only stay in Canada temporarily, and they may have to prove that they have no criminal record. If your spouse or common-law partner and children need temporary resident visas, they must also meet all the conditions for obtaining those visas.
  • If your family members want to follow you to Canada later, they must each fill out a separate application form
  • Can my spouse or common-law partner work in Canada?
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  • If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including obtaining (if needed) a labour market opinion from Human Resources and Skills Development Canada
  • However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if you meet the conditions outlined below
  • A. You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B
  • If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including: A letter from your current employer confirming employment or a copy of your employment offer or contract; AND A copy of one of your pay slips.
  • B. You are authorized to work in Canada and your spouse or common-law partner is eligible for a work permit through an active pilot projec
  • In each of the above cases, your spouse’s permit will be valid for the same period as yours.
  • If you meet these requirements, your spouse may apply for an open work permit. Your spouse’s permit will be valid for the same period as your authorization to work in Canada. If your job does not fall within the categories listed above, your spouse may still apply for a work permit, but it will have to be for a specific job and in most cases, the employer will have to obtain a labour market opinion (the normal authorization required for the employer to hire you) from Human Resources and Skills Development Canada.
  • In some cases, your spouse or partner will need a medical examination.
  • If they have not already applied overseas, spouses and partners may apply for their work permit from within Canada.
  • Can my dependent children work in Canada? Can my dependent children work in Canada? If your dependent children want to work while in Canada, they must apply for their own work permit
  • Normally, they must meet the same requirements that you do, including (if needed) a labour market opinion (LMO) from Human Resources and Skills Development Canada.
Omar Yaqub

Importing Foreign Workers- The Basics - 0 views

  • Canada has agreed to the inclusion of the following service sectors in the GATS agreement: business services, communication services, construction services, distribution services, environmental services, financial services, tourism and travel related services and transport services.
  • A GATS professional is one who seeks to engage, as part of a services contract, in an activity at a professional level, provided that the person possesses the necessary credentials and qualifications. There are nine accepted professions under GATS:
  • • engineers; • agrologists; • architects; • forestry professionals; • geomatics professionals; • land surveyors; • legal consultants; • urban planners; and • senior computer specialists.
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  • Under GATS professionals may only work in Canada for a period of 90 days in any 12 month period
  • Spouses Spouses (including common-law partners) of temporary foreign workers can apply for a work permit without a confirmation from HRSDC, provided that the principal applicant is authorized by a work permit to work in Canada for at least six months. Initial this category was only available for spouses of skilled workers but recently it has been expanded to cover spouses of any temporary worker. The spouse of a temporary worker may apply for an open work permit, which allows the spouse to accept almost any job. The spouse's work permit will expire when the principal applicant's work permit expires.
  • As a general rule, a person who is not a Canadian citizen or a permanent resident must hold a valid work permit in order to work in Canada. Work permits are issued by Citizenship and Immigration Canada (“CIC”). Further, as a general rule, prior to the CIC issuing a work permit, the employer must receive a confirmation of employment from Human Resources and Skills Development Canada (“HRSDC”). This confirmation of employment is referred to as a “Labour Market Opinion” (“LMO”).
  • Foreign workers may also require a temporary resident visa to work in Canada; however, citizens and permanent residents of the U.S. are exempt from this requirement.
  • Under Canadian immigration law, it is the worker who must apply for and receive the work permit.
  • foreign worker must submit to CIC a copy of the HRSDC confirmation of employment and a detailed description of the employment offer (provided by the employer). There is a non-refundable fee of C$150 for processing an application for an individual work permit.
  • worker may apply for a work permit before entering Canada, at a port of entry or from inside Canada, depending on the worker's status
  • Generally, temporary foreign workers must apply for a work permit before departing for Canada, although the actual work permit will be printed and given to the foreign worker at the port of entry when he/she enters Canada.
  • If the foreign worker is from the U.S. or if the foreign worker does not need a temporary resident visa to visit Canada and an exemption is available from the requirement to obtain a confirmation of employment
  • the foreign worker is prohibited from applying for a work permit until his or her arrival at a port of entry.
  • If the applicant has been working in Canada for at least three months under an exemption, other than as a business visitor, but wants a permit to accept another job the foreign worker can apply for a work permit while already located in Canada
  • The worker is expected to abide by the terms and conditions set out in the work permit. Work permits are valid only for a specified job, employer and time period. However, workers can apply to the CIC to modify or extend their work permit. An application to extend a work permit should be made at least 3 months prior to the permit's expiry.
  • It is currently taking CIC over 117 days to process an application to renew or to change the terms and conditions of entry to Canada
  • Once the application is submitted the foreign worker can continue in employment pending approval of the extension, as long as they remain in Canada while that application is pending.
  • If the employer dismisses the foreign worker, the employee must apply to change their status to a visitor or find a new employer and apply to change the work permit to that new employer. There is no positive obligation on any employer to report the change in employment status to Immigration
  • Confirmation of Employment As a prerequisite to issuing a work permit, an immigration officer will generally require a Labour Market Opinion or a "confirmation of employment" from HRSDC. An employer who wishes to hire a temporary foreign worker is responsible for having the job offer validated by HRSDC. HRSDC will base its confirmation of employment on the following factors:
  • guidelines introduced by Service Canada for minimal recruitment efforts are as follows and are strictly adhered to:
  • NOC O and A Occupations You will have conducted the minimum advertising efforts required if you: • Conduct recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); or • Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO
  • If HRSDC is satisfied that the employment offer to a foreign national will not adversely impact the Canadian labour market, it will issue a confirmation of employment or LMO to the employer and enter the confirmation of employment into a database that can be accessed by immigration officials.
  • The employer then generally sends the foreign worker a copy of the LMO, as well as a detailed employment offer to be presented to immigration officials when the worker applies for his/her work permit at an overseas Canadian Consulate or upon the worker's arrival at a port of entry, if the worker is coming from a country that is visa exempt. Upon receipt of the HRSDC confirmation, immigration officials will decide if the foreign worker otherwise qualifies for a work permit.
  • confirmation process through HRSDC is a distinct stage from that of the work permit issuance by CIC. Currently the processing time at HRSDC is estimated at 3 to 5 weeks after receipt of acknowledgement of the application. Acknowledgements of receipt are currently taking 2 to 3 weeks.
  • Workers who require a work permit but not a confirmation of employment include those who are found to provide a significant benefit to Canada, spouses of temporary foreign workers, information technology workers, graduate students under a specialized work program and those who qualify for exemptions under NAFTA and GATS.
  • a 4 year cap on LMOs and an expiry date so foreign workers must rely on it within 6 months of issue or new recruiting efforts will be required.
Omar Yaqub

Guide 5289 - Spouse or Common-Law Partner in Canada Class - 0 views

  • during the five years before you submitted your sponsorship application, you failed to meet your obligations to pay support to your children or former spouse(s) and a judgment order was issued requiring you to fulfill your alimony obligations, but you have not yet reimbursed the amounts due;
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    during the five years before you submitted your sponsorship application, you failed to meet your obligations to pay support to your children or former spouse(s) and a judgment order was issued requiring you to fulfill your alimony obligations, but you have not yet reimbursed the amounts due;
Omar Yaqub

Working temporarily in Canada: Active pilot projects - 0 views

  • Open work permits are available to working‑age 18‑22) dependants of highly skilled temporary foreign workers employed in Alberta in an occupation classified as NOC 0 (managerial), NOC A (professional) or NOC B (skilled trades). More information is available here.
  • Open work permits are available to spouses and common-law partners of temporary foreign workers employed in Alberta as long-haul truck drivers. More information is available here.
  • Two-year occupation-based work permits are available to temporary foreign workers employed in Alberta as steamfitters or pipefitters once they have been certified in that occupation by Alberta Apprenticeship and Industry Training (AAIT)
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  • Workers who are AAIT-certified steamfitters or pipefitters are eligible for a work permit that allows them to change employers in that occupation without applying for a new work permit. Workers who are not AAIT-certified may apply for a one‑year employer-specific work permit as steamfitters or pipefitters, during which time they may become certified and eligible for the occupation-based work permit.
Omar Yaqub

Provincial Nominee Programs Across Canada - 0 views

  • In 2010, over 36,000 people entered Canada under the PNP. And in 2012, Citizenship and Immigration Canada (CIC) intends to welcome up to 45,000 people under the PNP. These totals include nominees, spouses and dependents. This is seven times more people than came to Canada under the PNP in 2004.
  • In the fall of 2010, the Council of Atlantic Premiers expressed concern that current federal immigration policies do not serve the present and future needs of the Atlantic provinces and they called on the federal government to remove the caps on PNP nomination certificates.
  • Nova Scotia wants to double immigration, and hopes to issue 1,500 certificates per year by 2020.
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  • Province of Manitoba disputed the original cap of 4,600 nominees. They successfully argued that the Manitoba PNP is critical to long term prosperity and population growth in Manitoba.
  • This resulted in over 15,000 nominees and their families moving to Manitoba in 2010. This accounted for 77 per cent of total immigrants to Manitoba. And Parliamentary Secretary to the Minister of Public Safety, Candice Hoeppner recently announced that the Canadian Government  would continue to grant Manitoba a record amount of space in 2012.
  • Alberta will also receive a record amount of space in Canada's Provincial Nominee Program in 2012.
  • Alberta's PNP has increased almost 20-fold since 2004 – when 400 people were admitted – to over 7,000 in 2010. 23 per cent of immigrants to Alberta in 2010 came through the Alberta PNP.
  • Ontario PNP allows for the nomination of up to 1000 permanent residents each year. If this number seems low, it is because the Province of Ontario receives by far the largest share of immigrants through the federal government's other immigration streams. As a result, the Ontario PNP has focused on helping people who are in the process of earning an advanced degree in Ontario to obtain permanent resident status which enables them to live and work in the province indefinitely. Foreign workers and business investors may also be eligible.
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