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BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
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
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
3Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
Our Lawyers: Herbert M. Brownstein
IntroductionIntroduction
• Add Bullet points of Herbs resume
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
4Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
Our Lawyers: Mitchell Brownstein
IntroductionIntroduction
• Add Bullet points of Mitch……
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
5Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
Our Services
IntroductionIntroduction
• Work permits & Executives transfer
• Inbound and out bound
• USA immigration
• NAFTA
• Etc.
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
6Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
• 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
7Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
8Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
9Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
10Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
11Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
12Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
13Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
14Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
15Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
16Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
17Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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)
18Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
- 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
19Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
20Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
21Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
* 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
22Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
- 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
23Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
24Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
25Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
26Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm
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
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
BROWNSTEIN BROWNSTEIN BROWNSTEIN BROWNSTEIN
&ASSOCIATES &ASSOCIATES Avocats ■ AttorneysAvocats ■ Attorneys
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