Tech companies: Canada is open—here are some immigration considerations

February 19, 2017 - by: Gilda Villaran 0 COMMENTS

by Gilda Villaran

The Government of Canada prides itself on its positive attitude toward immigration and openly welcomes international talent. There are no restrictions preventing the issuance of work permits based on citizenship, and there is no reason to believe that Canada will change the way it views immigration in the immediate future. Not to suggest that Canada is lax about national security; of course, appropriate screening measures are in place to ensure the population’s safety. But once regular security checks are performed, Canada issues (and will continue to issue) work permits to those who meet the requirements of the Immigration and Refugee Protection Act and its regulations.

Given the uncertainty that many employees of U.S.-based companies are now facing, the option of establishing a Canadian subsidiary to expand the organization’s footprint and relocate those employees who find themselves affected by the immigration policies of the current administration is gaining traction. From a Canadian’s perspective, we certainly welcome you in our country. Among other Canadian cities, Vancouver, Montreal, Toronto, and Waterloo are already home to many flourishing international tech companies.

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Employer rules for temporary foreign workers in Canada

February 12, 2017 - by: Stéphane Aublet 0 COMMENTS

by Stéphane Aublet

A work permit is generally issued based on a specific job offer made by a particular Canadian employer (or an employer doing business in Canada). As such, the employer commits itself to providing the foreign worker with wages, working conditions, and employment that are similar to the terms set out in the Labour Market Impact Assessment (LMIA) application submitted to Service Canada.

If the employment is exempt from the LMIA (for example, transfer within a company, North American Free Trade Agreement professional, etc.), the employer commits to providing the foreign worker with wages, working conditions, and employment that are similar to the terms set out in the offer of employment submitted via Immigration Canada’s Employer Portal.

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New penalties in Canada’s temporary foreign worker regime

October 11, 2015 - by: Isabelle Dongier 0 COMMENTS

by Isabelle Dongier

Last year, Canada’s federal government introduced changes to the Temporary Foreign Worker Program (TFWP). The changes were intended to encourage employers to put more effort into hiring Canadian workers by making it more difficult and expensive for them to hire temporary foreign workers.

The changes have done just that. Adding to that enhanced regime, the government of Canada has now published regulations introducing a new Administrative Monetary Penalty (AMP) regime. The AMP regime will come into force on December 1 and apply to noncompliance occurring after that date. read more…

Changes to the residency requirement for grants of citizenship now in force

August 02, 2015 - by: Thora Sigurdson 0 COMMENTS

by Thora A. Sigurdson

On June 11, the sections of the Strengthening Canadian Citizenship Act dealing with the residence requirements for citizenship came into effect. These sections apply to individuals who have obtained permanent resident status in Canada and want to apply for Canadian citizenship. In general terms, it will take longer and require a clearer commitment to residing in Canada to become a citizen of Canada. read more…

New work permit requirements apply whether employer is in Canada or U.S.

May 10, 2015 - by: Gilda Villaran 0 COMMENTS

by Gilda Villaran

Employers whose employees must apply for a work permit or extension in order to work in Canada should be aware of a new compliance form and fee that they must submit before the person applies for the work permit. This came into effect February 21. Ports of entry into Canada may refuse to issue the work permits if the employer’s form and fee have not been submitted in advance. read more…

New express entry system introduced by CIC: What employers should know

February 15, 2015 - by: Isabelle Dongier 0 COMMENTS

by Isabelle Dongier

As of January 1, 2015, Citizenship and Immigration Canada (CIC) implemented its new electronic Express Entry (EE) system, which must now be used by potential applicants for permanent residence under certain economic immigration programs. These programs include the Canada Experience Class (CEC), the Federal Skilled Worker (FSW) Program, the Federal Skilled Trades (FST) Program, and the Provincial Nominee Program in participating provinces. (At the moment, Quebec does not use the Express Entry System but rather selects its own skilled workers.) read more…

Compliance framework is proposed for Canada’s Temporary Foreign Worker Program

December 14, 2014 - by: Thora Sigurdson 0 COMMENTS

by Thora Sigurdson

In June 2014, the Canadian government introduced changes to the country’s Temporary Foreign Worker Program (TFWP). These changes were intended to make it more difficult and expensive for Canadian employers to hire temporary foreign workers (TFWs), thereby encouraging employers to search within Canadian borders to staff their workforce. While the changes to the TFWP have largely been deemed to be “successful,” the new proposed compliance framework is raising some concerns. read more…

Transitioning to the new temporary foreign worker rules

September 21, 2014 - by: Gilda Villaran 0 COMMENTS

by Gilda Villaran

There have been many changes to Canada’s immigration program in the past two years. The result? Hiring temporary foreign workers in Canada is more complex than ever before. read more…

Putting Canadians first: overhaul of the temporary foreign worker program

July 20, 2014 - by: Isabelle Dongier 0 COMMENTS

By Isabelle Dongier

As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past 18 months. Amendments to the Immigration and Refugee Protection Regulations were introduced in December 2013 to make it tougher and more costly for Canadian employers to hire foreign workers. read more…

Canada’s temporary foreign worker program: new emphasis on enforcement

May 18, 2014 - by: Thora Sigurdson 0 COMMENTS

By Thora Sigurdson

As we reported earlier, in response to increasing concerns about the Canadian Temporary Foreign Worker Program (TFWP), Citizenship and Immigration Canada and Employment and Skills Development Canada (ESDC) have stepped up enforcement. read more…

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