Temporary Foreign Worker Program Overhaul: What Workers Need to Know

Posted on August 4, 2014 by CICS Immigration Team

On June 20, 2014, the Government of Canada announced major changes to the Temporary Foreign Worker Program (TFWP). These changes have significant repercussions for Canadian employers across the country as well as current and future foreign workers.
The recent TFWP overhaul affects Canadian employers. Of course, many of these changes also have a significant impact on how foreign workers obtain their work permits, as well as what will happen during and after arrival in Canada.
Following is detail of the most important changes and what they mean for current and future foreign workers in Canada.

Labour Market Impact Assessments (LMIAs)

In most cases, Canadian employers need to obtain government approval before hiring a foreign worker. This approval comes in the form of a Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO).
In the eyes of the government, the responsibility for securing an LMIA rests solely with the employer in Canada. The LMIA process assesses whether the employer is eligible to hire from abroad.
If you are a foreign worker who has received a job offer in Canada, especially from a small or medium sized employer, you should be prepared for the employer to possibly question whether they want to go through this process at all.

LMIA-Based Work Permit Restrictions

In addition to increased LMIA requirements, there are now new time limits placed on work permits that require LMIAs. Individuals whose Canadian job offers are considered ‘low-wage’ under the new LMIA system (that is, individuals who will be paid less than the provincial median wage) will be issued work permits valid for no longer than one year in length. In addition, low-wage applications that were submitted before June 20, 2014 will not be processed. They will be returned with a refund of government processing fees. Employers are welcome to re-apply following the new rules for low-wage LMIAs.
The government has also implied that the maximum work permit length for ‘high-wage’ workers, who are paid a salary that meets or exceeds provincial median wages, will also be reduced. It has been reported that the maximum length will be cut to two years, although this has yet to be formally implemented.
Options remain in place to renew work permits that are set to expire, as well as to transition from temporary worker status to permanent resident status.
Moratorium Lifted for Food Service Work Permits
On April 24, 2014, the government announced a moratorium on LMIA and work permit issuances for certain occupations in the food services sector. As ofJune 20, this moratorium has been lifted and workers in the food sector may once again apply for work authorization.

LMIA-Exempt Work Permits

Work permits that do not require LMIA approval are now known as ‘International Mobility Programs’.
Certain work permits are LMIA-exempt but remain tied to a specific employer. These sorts of permits most commonly pertain to individuals applying under the NAFTA Program and the Intra-Company Transfer Program.
Currently, individuals are able to apply for their LMIA-exempt work permit once they obtain a job offer from a Canadian employer. In the future (date unknown), Canadian employers will be required to submit their job offers for approval to Citizenship and Immigration Canada before the foreign worker can apply for the work permit. Employers will be required to pay a $230 processing fee to have their job offer evaluated.
The foreign worker must still pay the standard $155 work permit application fee when submitting an application.

Open Work Permit Fees

In the future (date unknown), recipients of Open Work Permits will be required to pay a $100 ‘privilege fee’ in addition to the standard application fee of $155. Individuals who are eligible for open work permits include the spouses of foreign workers and students in Canada as well as participants in certain work exchange programs.
All new fees will help to cover government services such as work permit processing and employer compliance inspections.

Working in Canada Today

It is important to note that individuals who are currently in Canada on a work permit will not see any changes made to their current permits. However, any requests to renew or extend their work permits will be subject to the new rules.

Canada to make both Irish and UK temporary skilled workers a priority in 2014 through the IEC program

Posted on April 3, 2014 by CICS Immigration Team

Ireland has had a difficult last six years. The Celtic Tiger Economy refers to the economy of the Republic of Ireland between 1995 and 2000, a period of rapid real economic growth fuelled by foreign direct investment, and a subsequent property price bubble which rendered the real economy uncompetitive. The Irish economy expanded at an average rate of 9.4% between 1995 and 2000 and continued to grow at an average rate of 5.9% during the following decade until 2008, when it fell into recession. Since 2008, many Irish youth have been looking for opportunities abroad.

Irish national youth speak good English, are well educated by world renowned universities, come highly skilled and can easily assimilate into developed economies in countries such as Canada. Traditionally, Irish Nationals have come to Canada via the IEC (International Experience Canada) Program, which has been continuously upping their quota of Irish visas extended every year. The working holiday visa under IEC has worked well in the past. The Program has served as a two year work experience open permit for foreign nationals between the ages of 18 and 30. It is understood that at the end of a working holiday visa, that the foreign national return to their home country, and be in possession of a departure ticket as well as the needed travel funds and medical insurance to ensure their stay is fully covered. A participation fee of CDN$150 is also payable at time of application.

The IEC Program – History and growth

The highly anticipated opening of the IEC Program on March 13, 2014 was capped at its maximum quota (3,850 applicants) within 7 minutes. We anticipate a second round shortly; however, it is proving challenging for applicants to successfully obtain their visa through this program as demand for the program outweighs current resource levels to run the program.

This year’s IEC Program made a further 2,500 work permits available to Irish Nationals who already have a secured job offer in Canada, and an additional 500 work permits were issued to Irish foreign nationals who were willing to do a cooperative educational program as part of their Post-Secondary studies to gain international work experience in their field. And these current quotas of work permits are expected to grow.

Canada needs highly skilled workers and wants to attract them to fill temporary skilled labour shortages specifically in the western provinces. Canada has recently renewed a commitment to Ireland to extend the open permit after several visits to Ireland by Minister of Citizenship & Immigration in 2012 and praised Irish apprenticeship programs for their certification standards. The Calgary Economic Development has just sent a delegation of 6 companies to Dublin’s Working Abroad Expo Recruitment Fair (March 22-March 30, 2014) in order to recruit skilled labour to fill Alberta’s current shortages.

Trade agreement set-up between Canada and the UK and Ireland

Canada wants to do even more to attract skilled labour from Ireland and the United Kingdom. On March 14, 2014, it was announced by CIC that a new international study will be launched, in an effort to help British and Irish tradespeople assess their skills against Canadian trades criteria, fully supported by CIC. In other words, streamlining the foreign credential recognition process for people coming from these countries is a high priority for the Canadian Government. The ACCC (Association of Canadian Community Colleges) and the UK NARIC (United Kingdom National Recognition Information Centre) have signed an agreement to work together for mutual recognition of skills, competencies and certifications. Both organizations will work with employers as part of the CIC-funded Canadian Immigrant Integration Program, which provides settlement and integration services to newcomers in Canada. Specifically, the organizations will be concentrating on the following areas of international competency which are in high demand across Canada:

Heavy Duty Equipment Technician
Construction Electrician
Welder
Carpenter
Steamfitter/Pipefitter
Plumber
Machinist
Industrial Mechanic (Millwright)
Powerline Technician

As well, electronic tools are currently being developed, and UK NARIC expects to have an electronic guide published that will feature all the provincial and territorial apprenticeship authorities, which will be a “textbook” to be used by employers, workers, and trade associations in order to assess credentials quickly and fast-track the process for a foreign national to obtain their trade certification. This program intends to assist the Federal Skilled Trades Program applicants under the Federal Stream, in creating an international partnership and streamlined process of integration into the Canadian economy.

What to do if you want to immigrate to Canada

If you are currently a tradesperson from Ireland or the United Kingdom, you want to ensure that you know which program you wish to apply for to immigrate to Canada. As mentioned before, there is the IEC Program but it quickly reaches its cap, preventing further applicants from applying. If you have a job offer, you can apply for a work permit to come to Canada. If you meet the area of skills needed across Canada in the Trades, then the Federal Skilled Trades Program may be a good fit. There are other Federal Programs and Provincial Programs which also may be considered such as the Canadian Experience Class Program, the Provincial Nominee Programs, as well as special projects (Pilot Projects). Before applying, consider talking to either a trusted advisor or an immigration expert that can advise you on the best program for you. It is vital to do your research into Canadian culture, to look at foreign credential recognition as the first order of business, and to consider the expense of immigrating to a new country as a temporary worker. For skilled workers already in Canada, you will want to ensure that you have started additional applications working towards permanent residency status should you wish to stay in Canada.

Some final considerations

As the Federal Government continues to develop strategies to attract temporary foreign workers and to meet the economic demands of Canadian industry, it is abundantly clear that good sources of workers are coming from Ireland and the UK due to their adaptability and skills. As the IEC Program has reached its quota since launching in March 2014, many Canadian employers may not successfully recruit their temporary workers this year. Demand is high and is only expected to grow. But again, there are other options available to these employers and workers, should they wish to avail of other immigration programs on offer in either of the Federal or Provincial programs. And CICS Immigration can certainly help in assessing your eligibility in looking at other immigration avenues to pursue.

Another Former Immigration Official Convicted of Fraud

Posted on July 3, 2012 by CICS Immigration Team

Barriero worked at the CIC office on 5343 Dundas Street until 2010 when he was suspended from his job (GOOGLE STREET VIEW)

Less than a week after the conviction of one former senior Citizenship and Immigration Canada (CIC) official on fraud and breach of trust charges for accepting bribes, another has plead guilty to three counts of breach of trust and three counts of fraud, for taking up to $6,000 in bribes in exchange for using his position at CIC to approve applications for permanent residence in Canada.

George Gonsalves Barriero, who worked for CIC for a total of 12 years, was promoted to a senior position with the authority to approve applications or refer them for further risk assessments in 2005, and that is when it is alleged he began asking permanent resident applicants in the hispanic community for bribes.

He collected $6,000 in 2010 from two PR applicants before being reported to the police by the third applicant he approached for a bribe.

Gov. Agencies Now Permitted to Share Information on Immigration Rep Misconduct

Posted on June 6, 2012 by CICS Immigration Team

Statue of Justicia in Ottawa Canada. New legal provisions in Bill C-35 allow government agencies to share information on professional misconduct by immigration representatives with governing bodies that license and regulate them.

Rules in place since April 10th give Citizenship and Immigration Canada (CIC), the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB) the legal authority to share information on professional misconduct by immigration representatives with governing bodies.

CIC regularly receives complaints and tips from the public about unethical or illegal conduct by immigration representatives, but until the April 10th operation bulletin that implemented the information-sharing provisions of Bill C-35, has not had the authority to share that information with governing bodies like the Immigration Consultants of Canada Regulatory Council (ICCRC), which licenses and regulates immigration consultants.

Examples of the type of conduct that government agencies can now share allegations or evidence of are:

Failing to provide services promised to a client in an agreement
Making guarantees that the representative not capable of ensuring
Misrepresenting Canada’s immigration processes and requirements
Counselling clients to provide false information

To reduce the possibility of being defrauded, CIC recommends that people who are looking to pay for immigration representation ensure that their representative is licensed in their provincial or federal jurisdiction. A list of all immigration consultants licensed by the ICCRC to provide paid immigration consultation in Canada is available on their website.