تصريح عمل من موظف محدد

تصريح عمل من موظف محدد

Temporary Foreign Worker Program-TFWP

An Employer-specific work permit permits you to work under specific conditions such as the name of the employer you may work for, the duration you are allowed to work for, and the location you are allowed to work at. Therefore, foreign workers have the same obligations as temporary residents.

The Temporary Foreign Worker Program is intended to be used when you are facing short-term skills and labour shortages, and only when no Canadians and permanent residents are available.

A Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada, or roof that an employer has submitted an offer of employment through the Employer Portal and paid the employer compliance fee.

A Labour Market Impact Assessment (LMIA) is required for a foreign national to obtain a work permit, the application can be submitted up to 6 months prior to the expected job start date.

International Mobility Program-IMP – LMIA Excepted

The International Mobility Program lets the employer hire a temporary worker without a Labour Market Impact Assessment (LMIA). They are exempt from LMIA basically

The reason behind the IMP is to promote Canada’s broad economic, cultural and social, interests. The Canadian government does not use the LMIA process on foreign nationals who fall under any of the IMP’s streams.

The IMP has several streams that are under Canadian Interest, they are the significant benefit which includes the mobility francophone, intra-company transferees, television and film production workers. The reciprocal employment are agreements allow foreign workers to take up employment in Canada when Canadians have similar reciprocal work opportunities abroad like company branches and local office. And the is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, such as an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution, and that is a program offered by a designated learning institution that requires students to work in order to obtain their secondary or high school diploma or certificate of graduation.

International Free Trade Agreements

International Free Trade Agreements (FTAs) contain provisions to facilitate, on a reciprocal basis, temporary entry for business persons. Eligible persons entering under an FTA will generally require a work permit, but are exempt from a Labour Market Impact Assessment (LMIA).

A- Canada-United States-Mexico Agreement (CUSMA)

– What CUSMA does

1. CUSMA facilitates temporary entry for business persons who are citizens of the U.S., Mexico and Canada and who are involved in the trade of goods or services, or in investment activities.
2. CUSMA removes any need for a Labour Market Impact Assessment (LMIA) for all business persons covered by the Agreement.
3. In the case of a business visitor, it ensures that there is no requirement for a work permit.
4. For professionals that are TRV exempt it expedites the application process by ensuring an application can be made at the port of entry (POE). Foreign nationals that require a temporary resident visa to enter Canada are still required to apply at a visa office prior to coming to Canada.

– What CUSMA does not do

CUSMA does not assist permanent admission.

1. It does not apply to permanent residents of the three countries.
2. It does not replace the general provisions dealing with foreign workers.
3. It has no effect on universal requirements related to passports and identity documentation, medical examinations and safety and security.
4. It does not replace the need for workers to meet licensing or certification requirements respecting the exercise of a profession.
5. It does not extend special privileges to spouses and members of the family. Their entry is governed by the provisions of the Immigration and Refugee Protection Act and the Regulations.

– Categories of business persons included under the CUSMA

Business persons included in the CUSMA are grouped under four categories:

Business visitors: engage in international business activities related to research and design; growth, manufacture and production; marketing; sales; distribution; after-sales service; and general service. These activities reflect the components of a business cycle

Professionals: are business persons who enter to provide pre-arranged professional services— either as a salaried employee of a Canadian enterprise, through a contract between the business person and a Canadian employer, or through a contract between the American or Mexican employer of the business person and a Canadian enterprise.

Intra-company transferees: are employed by an American or Mexican enterprise in a managerial or executive capacity, or in one which involves specialized knowledge, and are being transferred to the Canadian enterprise, parent, branch, subsidiary, or affiliate, to provide services in the same capacity.

Traders and investors: carry on substantial trade in goods or services between the U.S. or Mexico and Canada or have committed, or are in the process of committing, a substantial amount of capital in Canada. Traders and investors must be employed in a supervisory or executive capacity or one that involves essential skills.

B- Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA)

CETA facilitates entry for certain covered business persons who are citizens of Canada and EU member states by removing the requirement for Labour Market Impact Assessments (LMIAs). Chapter ten of the agreement covers the three following categories of visitors for business purposes:

Key personnel: including intra-corporate (company) transferees, investors, and business visitors for investment purposes; Contractual service suppliers and independent professionals; and Short-term business visitors.

Most CETA work permits may be extended at the discretion of the officer who is assessing the application, provided the necessary documentary evidence has been submitted by the applicant to support the request.

Intra-corporate (company) transferees may be extended only for a period of up to 18 months, and graduate trainees are prohibited from receiving any extensions. Permits for contractual service suppliers, independent professionals and engineering and scientific technologists may be extended only up to 12 months from the start of the initial work permit and must fall within the overall 24-month window permitted for these categories. Investor work permits are eligible for extensions, per the discretion of the reviewing officer.

C- Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA)

The Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA) came into effect on April 1, 2021.

the same Labour Market Impact Assessment (LMIA) exemption codes used for CETA will be extended for use for those working under CUKTCA to capture data about foreign nationals coming to Canada for work and business purposes. Applicants may be processed at the port of entry.