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Category Archives: LMIA

Temporary residents can now restore their status until December 31, 2020

During the COVID-19 pandemic, temporary residents who remained in Canada have been encouraged to renew their work or study permits to maintain their legal status in Canada. As a result of the pandemic and its associated challenges, a new public policy has been implemented that provides an extension to apply for restoration beyond the current 90-day time frame for foreign nationals in Canada.

This public policy comes into effect on July 14, 2020 and remains in effect until December 31, 2020. Applications received on or before December 31, 2020 may benefit from this public policy.

Former workers, students and visitors whose status expired after January 30, 2020, and who remained in Canada now have until December 31, 2020, to apply to restore their status, provided they meet the requirements for the type of status and authorization they are applying to restore.

 The public policy aims to 

  • provide eligible foreign nationals who have fallen out of status during the COVID-19 pandemic with more time to restore their temporary resident status
  • exempt eligible foreign nationals from the requirement to have complied with certain temporary resident conditions for a work or study permit to be issued
  • allow eligible foreign nationals applying for a job offer-supported work permit to work while decisions on their restoration and work permit applications are pending

The public policy also allows former work-permit holders applying for an employer-specific work permit to work while a decision on their restoration application is pending. However, they need to:

Eligibility requirements for restoration application 

Foreign national restoring their temporary resident status 

To be eligible for restoration under the public policy, the foreign national must:

  • have been in Canada with valid temporary resident status on January 30, 2020, remained in Canada since, and lost their temporary resident status more than 90 days ago: and
  • have applied for restoration of temporary resident status and paid the associated application processing fees. 

Foreign national seeking interim work authorization 

To be eligible for interim work authorization, the foreign national must:

  • have submitted an employer-specific work permit application with correct fees for which a decision has not yet been made, included an application for restoration and paid the associated application processing fee;
  • have held a valid work permit in the 12 months preceding the date on which they submitted their application for restoration of temporary resident status;
  • intend to work for the employer and/or occupation specified in the LMIA or LMIA-exempt offer of employment included in their work permit application;
  • have applied for the public policy exemption using the electronic means (that is, the IRCC Webform) identified by the department for that purpose; and
  • have requested that the public policy exemption be applied until a decision is made on their work permit application. 

Examples where the interim work authorization would apply 

  • The foreign national’s work permit expired on December 30, 2019, and they fell out of status. They submitted a restoration and work permit application on March 1, 2020 (within 90 days of losing status), and a decision is still pending on their application.
  • The foreign national’s work permit expired on March 1, 2020, and they fell out of status. They submitted a restoration and work permit application on October 1, 2020 (under the public policy), and a decision is still pending on their work permit application. 

Example where the interim work authorization would not apply 

  • The foreign national’s work permit expired on March 30, 2019, and they extended their stay in Canada as a visitor. In this case, the foreign national cannot benefit from the interim work authorization under this public policy as they do not meet the eligibility criteria (that is, they did not hold a work permit in the last 12 months).
  • The foreign national is a work permit-exempt worker who is restoring their status and applying for a work permit with a job offer, but they did not hold a valid work permit in the 12 months preceding the date on which they submitted their application for restoration of temporary resident status.

Want help restoring your status? Please contact us at (778) 564-3555 or email at [email protected] 

Canada facilitates settlement of immigrants in Yukon

The Yukon is a sparsely populated territory in northwestern Canada, with an active and diverse labour market where employers often rely on seasonal workers. Yukon Community Pilot (YCP), a stream under the Yukon Nominee Program (YNP), was launched in January 2020 to help six targeted Yukon communities attract immigrants and facilitate their permanent settlement.

The participating Yukon communities are

Whitehorse | Watson Lake |  Dawson City | Haines Junction | Carmacks | Carcross

Under the YCP stream, Labour Market Impact Assessment (LMIA) exempt open work permit is issued to foreign national for 2 years for a specific community enabling the foreign national to work at multiple jobs in that community instead of single employer.

However, to qualify for the work permit, foreign national must

  • have a valid nomination for permanent residence from the Yukon
  • have 2 or 3 eligible job offers
  • have a signed letter of support from the Government of Yukon
  • meet the general requirements for a work permit

Job Offer Requirements in Yukon Community Pilot

  • They must all be in the same participating Yukon community
  • They must add up to at least 30 hours of work a week (equal to a full-time job)
  • They must be non-seasonal
  • In general, this means you have consistent and regularly scheduled paid employment throughout
  • the year
  • The wage must meet or exceed the minimum wage
  • Your experience must show that you can perform the duties of the jobs offered

IRCC will issue an open work permit to foreign nationals with a mandatory condition limiting the work location to the participating Yukon community. The work permits will be valid for 2 years. Work permit applications must be submitted electronically.

The spouse or common-law partner of the principal applicant may also be issued an open work permit only if

  • the principal applicant is employed in at least one NOC Skill Type 0 or Skill Level A or B
  • position
  • will be limited to the same community as the principal applicant’s place of employment
  • will be valid for a maximum of 2 years.

About the Yukon Nominee Program

The Yukon Nominee Program (YNP) is run by the Yukon Government in partnership with Immigration, Refugees and Citizenship Canada (IRCC) under the “Agreement for Canada-Yukon Cooperation on Immigration.” This partnership allows Yukon to nominate applicants who qualify to the federal government for permanent residency. The YNP streams for Skilled Workers and Critical Impact Workers is locally driven and based on the needs of Yukon employers.

When eligible Yukon employers cannot find Canadian citizens or permanent residents to fill permanent full-time jobs, they can find workers from outside of Canada. Yukon select internationally trained and experienced foreign workers who have the skills needed in the local labour market and nominate them to receive Canadian permanent resident visas to settle and work in Yukon.

The YNP has following streams

Processing time

Yukon Nominee Program is committed to timely processing of applications, greater transparency to clients and courteous, helpful customer service.

The applications are processed on a first-come-first-served basis. Processing times for Skilled Worker and Critical Impact Worker applications are 12 to 14 weeks from receipt of a complete application package. Processing times may increase with the volume of applications received.

Contact us for more information and/or assistance!

Temporary foreign workers who can enter Canada!

IRCC has provided updated guidance for temporary workers who are exempt from travel restrictions and can enter Canada while COVID-19 travel restrictions remain in place. Work permit holders are among those exempt from the travel restrictions if their trip to Canada is for essential reasons. Immigration, Refugees and Citizenship Canada (IRCC) released the current guidance to provide more clarity to its staff and work permit holders about what constitutes essential travel.

Temporary workers who are exempt from travel restrictions

The foreign nationals who are currently outside Canada are not subject to Canada’s travel restrictions if travelling to Canada for a non-optional or non-discretionary purpose:

  • Foreign nationals who hold a valid Canadian work permit (including an open work permit)
  • Foreign nationals who has a positive decision from IRCC (documented by a letter of introduction) on a work permit application but whose work permit has not yet been issued

 Work-permit exempt foreign nationals seeking to work in critical occupations are prioritized

IRCC will continue to prioritize the processing of work permit exemption applications overseas and in Canada to work in health, safety, and food security reasons. These foreign nationals are not subject to travel restrictions and may not be subject to the mandatory 14 – day quarantine period currently in place for most people entering Canada. Critical occupations include:

  • providers of emergency services for the protection or preservation of life or property (e.g. firefighters and medical service providers)
  • Foreign nationals who qualify for an LMIA – exempt work permit and their work are related to the protection or preservation of life or property related to the COVID-19 response and maintenance of critical infrastructure or services
  • persons permitted to work as a student in a health field including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field
  • workers in the marine transportation sector who are essential for the movement of goods by vessel
  • persons who seek to enter Canada for the purpose of delivering, maintaining, or repairing medically necessary equipment or devices
  • persons who seek to enter Canada for the purpose of making medical deliveries of cells, blood and blood products, tissues, organs or other body parts that are required for patient care in Canada during or within a reasonable period of time after the expiry of the Order

Non-optional or non-discretionary travel scenarios (worker can come to Canada)

  • A foreign national has a valid work permit and ordinarily resides in Canada. Even if the person does not currently have a job in Canada, they can still enter the country since Canada is currently their primary residence.
  • A foreign national has a letter of introduction for an open work permit, has a valid job offer, and will be able to work once they enter Canada.
  • A foreign national has a letter of introduction for an employer-specific work permit, with a valid job offer, which they will be able to pursue upon entering Canada.

Optional travel scenarios (worker can not come to Canada)

  • A foreign national has a letter of introduction for an employer-specific work permit, but the business of their prospective employer is closed due to the COVID-19 outbreak.
  • A foreign national has a letter of introduction for an open work permit, has not secured a job contract and is simply planning to search for work opportunities in Canada.

Context-specific scenario

Officers will make discretionary decisions based on foreign national’s situation. Factors like foreign national’s current ties to Canada, whether they will be working in an essential occupation, and other motivations for travel to Canada such as whether an individual will be arriving to care for their children will be considered by the officer. For example, the spouse of the essential worker may be required to move to Canada to care for their children, given that schools are closed.

The Orders also exempt foreign nationals whose travel to Canada is authorized in writing by an officer or by a Global Affairs Canada (GAC) consular officer for the purpose of reuniting immediate family members (for example, a temporary worker is in Canada but their spouse and children went home to visit family and now cannot come back).

International Experience Canada (IEC) work permit applicants who received a letter of introduction and are outside Canada

IEC candidates who received a letter of introduction and have an offer of employment with an employer who is still operating during the COVID-19 outbreak may enter Canada. This applies to all IEC work permit holders under the three IEC categories (Working Holiday, Young Professionals, and International Co-op).

IRCC is still accepting and processing new work permit applications. Applicants outside of Canada can submit new work permit applications online. IRCC advises foreign nationals to ensure that their employer is currently allowed to operate based on the rules set out by the provincial or federal government that presides over the employer’s location. Applicants can also continue to submit applications to extend or to change conditions on their work permits from within Canada. Certain in-Canada applicants may still apply using paper applications if they meet one of the exemptions from the mandatory e-application requirement.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

Contribution & distribution of temporary foreign workers across industries in Canada

Temporary foreign workers (TFWs) have been an integral part of the Canadian labour market. This is evident from the significant surge in the number of foreign nationals with effective work permit over the recent years. Around 4,70,000 foreign nationals have a work permit that became effective in 2019 as compared to 3,40,000 in 2017 and 3,90,000 in 2018.

Nevertheless, their contribution to the labour market could be severely impacted by the COVID-19 pandemic and the measures taken by governments at all levels to contain the spread of the virus. Even though TFWs are allowed to enter Canada, there is a high probability of downsize or delay in the availability of new TFWs due to travel restrictions in some source countries, their unwillingness to travel due to the fear of virus infection, and the mandatory 14-day self-isolation policy upon arrival. Additionally, many businesses are temporarily closed or are operating considerably below their full capacity, which could lead to disproportionate layoffs among temporary foreign workers.

The possible shortages of TFWs, in the sectors with significant employment share, may have a substantial impact on the performance and survival of the firms during and after the pandemic period.

Proportion of temporary foreign workers, selected industries

Note: NAICS = North American Industry Classification System
Source: Statistics Canada, Canadian Employer–Employee Dynamics Database

TFWs are more concentrated in specific subsectors. For example, 27.4% of employees in crop production where TFWs accounted for 41.6% of the agricultural workers in Ontario, and over 30% of the agricultural workers in Quebec, British Columbia and Nova Scotia during 2017.

Some non-agricultural industries that are continuing to operate during the COVID-19 pandemic also have a relative high share of TFWs such as private household services (9.8%), gasoline stations (8%), warehousing and storage (4.3%), and food manufacturing (3.4%).Therefore, possible shortages of TFWs may have a significant impact on the performance and survival of these firms during and after the pandemic period.

Though, it is too early to understand the implications of COVID-19 pandemic on the supply and demand for TFWs, the analysis provides important implications for the possible delays in the inflow of new TFWs that could affect essential services during the pandemic and the upcoming economic recovery period. This may have a particularly strong effect on the agriculture sector, given that the timing of pandemic coincides with the period of highest demand for seasonal agricultural foreign workers who primarily come to Canada in the spring and early summer.

Need help for LMIA application and hiring foreign workers!

The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc. Continuous research, attention to detail and painstaking hard work is required to obtain a positive LMIA. We help in assessment of our client’s profile and advice them on their eligibility to get an LMIA. We help Canadian employers for applying LMIA application and legally representing them before ESDC during the process.We help clients to apply for their Work Permit which authorizes them to legally work in Canada.

ESDC has currently waived the advertisement requirements for agriculture stream LMIA applications and hence the applications are being processed on expedite and priority basis.

Contact us for consultation and assistance

Compliance obligations for employers hiring temporary foreign workers during COVID-19

Employers hiring foreign workers in this current COVID-19 pandemic situation have a specific responsibility in helping to prevent the introduction and spread of the coronavirus. The Government of Canada has introduced new public health and safety requirements and guidance to facilitate the entry of temporary foreign workers (TFW’s). New regulations in the Immigration and Refugee Protection Regulations (IRPR) have also created additional obligations for employers considering COVID-19 pandemic. The compliance inspections can be random, based on suspected non-compliance or previous non-compliance. According to the Regulatory Impact Analysis Statement of the Regulations Amending the Immigration and Refugee Protection Regulations (Emergencies Act and Quarantine Act): SOR/2020-91, new measures allow inspections to be initiated in other situations: when a communicable disease presents at the workplace of a foreign worker or when a foreign worker is or was required to comply with an order of the Quarantine Act.

Compliance obligations related to COVID-19

  • The foreign worker must self- quarantine for a 14- day period upon entering. Forcing a foreign worker to show up to a workplace during the 14-day period would be considered to be a violation of the new requirement.
  • The employer cannot authorize the foreign worker to work during the quarantine period, even if requested by the worker. There are exceptions for those deemed as providing an essential service by the Chief Public Health Officer. In addition, the employer cannot ask the worker to perform other duties during that period, such as building repairs or administrative tasks.
  • The foreign worker’s employment period begins upon their arrival to Canada, and includes the initial 14 – days of mandatory quarantine period.
  • The employer must pay regular wages and benefits to the foreign worker for the quarantine period based on the hourly wage indicated on the LMIA and/or offer of employment.
  • The employer is asked to monitor the health of foreign workers who are in quarantine, as well as any employee who becomes sick after the quarantine period. If a foreign worker becomes symptomatic at any time, the employer should contact local public health officials.

Additional criteria for employers providing accommodations to TFW

  • The employer is required to house quarantining foreign workers in accommodations that are separate from those not subject to quarantine. This may require finding alternate accommodations (for example hotel) if this requirement cannot be met.
  • Self-isolating/quarantined foreign workers are separate from other foreign workers and remain at least 2 meters away from another person.
  • Cleaning products for the purpose of cleaning and disinfecting the accommodations regularly are provided to workers who are in isolation or quarantine.
  • For the duration of the quarantine period, the employer is asked to ensure that the accommodations do not prevent the worker from avoiding contact with older adults (65+) and those with medical conditions who are at risk of developing serious illness.

Penalties for non-compliance

If employer is found to be non-compliant as a result of a Service Canada inspection, specifically to the new IRPR requirements related to COVID-19, the department has the authority to apply the most severe consequences possible.

  • Administrative monetary penalties
  • A ban of one, two, five or ten years, or permanent bans on new LMIAs/work permits for the most serious violations
  • The publication on a list of non-compliant employers
  • The revocation of existing LMIAs/work permits

Implications for foreign workers

Under the Quarantine Act, temporary foreign workers (TFW’s) will be penalized if their actions are found to compromise public health. TFW’s convicted of violating an order would be unable to enter Canada for a year without permission through an Authorization to Return to Canada request.

The COVID-19 situation is rapidly evolving with new measures being adopted or modified at both the federal and provincial level. It is a challenging time for everyone, and employers and foreign workers are no exception. With new regulations and compliance, there are tools to protect public health and wage security amid COVID-19 pandemic. However, time will tell how the compliance regime deals with rapidly changing economic circumstances that are likely to impact employers.

Need help for LMIA application and hiring foreign workers!

The LMIA rules, regulations and requirements are subject to frequent changes. These changes deal with different categories of jobs, duration, exemptions etc. Continuous research, attention to detail and painstaking hard work is required to obtain a positive LMIA. We help in assessment of our client’s profile and advice them on their eligibility to get an LMIA. We help Canadian employers for applying LMIA application and legally representing them before ESDC during the process.We help clients to apply for their Work Permit which authorizes them to legally work in Canada.

ESDC has currently waived the advertisement requirements for agriculture stream LMIA applications and hence the applications are being processed on expedite and priority basis.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!