Because of the International Mobility Program, Canadian businesses may recruit foreign employees who have a Canadian work permit without having to do a Labour Market Impact Assessment (LMIA).
International Mobility Program
Positions that are excluded from the need for an LMIA include those in which:
- Provide Canada with significant economic, cultural, or other competitive advantages, as well as
- Reciprocal advantages for Canadian citizens and permanent residents should be established.
For international employees, there are two kinds of Open Work Permits available:
- It is completely unrestricted (allowing foreign nationals to work in any occupation and location)
- Restricted access (restricting the occupation or the location)
Open-work permits may be granted if the following conditions are met:
- Occupation limitations based on the applicant’s medical condition and geographic restrictions depending on the category (such as a bridging open work permit under the provincial nominee class)
Certain circumstances exist in which a foreign worker may be able to extend or “bridge” an open work permit:
- Objective: You continue to work while you await the outcome of your application for permanent residency in the United States.
If you meet the following criteria, you may be eligible for a bridging open work permit:
- You submitted an application for permanent residency.
- You have 4 months or fewer until your existing work permit expires.
- You have a valid work permit, which means you can work.
- You are now in the country of Canada.
Work Permits for Employees Transferred Within the Organization
In certain cases, depending on your employer’s presence in Canada (and the nature of your present job), you may be able to acquire a work visa in as little as one day after filing an application with the appropriate Canadian government agency.
These are the rules and processes that Immigration Canada Officers follow while they are evaluating an applicant’s application.
- Transferees within a multinational corporation who are currently employed by that corporation and seeking entry to work in a parent, subsidiary, branch, or affiliate of that corporation;
- Are transferring to an enterprise that has an appropriate qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment in that enterprise are eligible to apply for work permits under the general provision of the Immigration and Nationality Act (INA).
- Extensions may be granted up to the five-year and seven-year maximums referred to in the sections Breaks, recaptured time, and length of work permit limit below, as well as in the part on the types of work with validity periods that may not be exceeded, which are all listed below.
- Documented time spent outside of Canada during the term of the work permit may be “recaptured,” allowing the intra-company transferee to maintain a physical presence in Canada for five or seven years, depending on the circumstances.
Note: If the applicant has not had full-time work experience with the foreign business, the officer should examine additional considerations before rejecting the application simply on the basis of lack of full-time work experience.
These criteria include, but are not limited to:
- The number of years of work experience gained while working for the foreign business
- The comparability of the roles (for example, is the applicant coming to work for a short length of time or is he or she transitioning from a part-time to a full-time long-term position? );
- Are only coming to Canada for a short length of time (i.e., two days a week rather than four days a week); meet with all immigration criteria for temporary admission into the country
When evaluating start-up businesses, use these guidelines.
Requirements for the organisation
In order to establish a physical presence in Canada, especially in the case of specialised expertise, the business must first acquire real premises. Although it is acceptable in specific cases involving senior managers or executives, it would be acceptable in general cases where the address of the new start-up has not yet been secured; for example, the company may use the address of its counsel until the executive has purchased or leased space.
Staffing plans for the new business must be provided by the firm in a realistic manner.
To be able to start a business in Canada and pay workers, the firm must have the financial resources necessary.
Whenever a business transfers executives or managers, the company must show that it will be big enough to sustain the executive or management responsibilities that are being transferred.
Ensure that work is supervised and directed by management at the Canadian operation when moving a specialised knowledge worker. The firm must show that it is anticipated to be in business when transferring a specialised knowledge worker.
Work permits are valid for a certain period of time.
Initial work authorization: one year
Hiring through the international mobility program
Employers that hire foreign workers via the IMP are often required to pay a $230 employer compliance charge, which is a one-time payment. When a company hires an open work permit holder, there is no need to pay the application cost. Aside from jobs protected by a non-trade agreement, some research roles and charity or religious activities are all examples of fee-exempt positions.
Employers that want to make job offers via the IMP must do so through the IRCC’s Employer Portal. Employers that want to make use of the Employer Portal must first create a profile.
Detailed information about the position must be put into the site, including a description of responsibilities, the minimum education and experience requirements, as well as salary and benefit information, among other things.
The information you provide may be utilized in federal government compliance audits of employers in the future.
An offer of employment number will be issued to employers that submit a job offer to the company. This number is required by the foreign worker in order to complete their work permit application.
When the work permit application is granted, the foreign worker is entitled to the following benefits:
- If they come from a country other than Canada, a letter of introduction is required.
- They will need a new work permit if they are currently in Canada, or they will need to apply at the time of arrival.
- It is possible to swap the letter of introduction for a work visa at the port of entry, provided that all of the required conditions have been fulfilled.
The Immigration, Refugees, and Citizenship Canada (IRCC) department is in charge of administering the IMP. In addition to the IMP, the Canada Border Services Agency (CBSA) and Employment and Social Development Canada (ESDC) are also participating in the initiative (ESDC).
The International Mobility Program (IMP) is distinct from the Temporary Foreign Worker Program (TFWP), which is mainly managed by ESDC with assistance from IRCC and CBSA.
The International Mobility Program Unit, which is managed by the IRCC, is dedicated to assisting businesses interested in hiring via the programme.
Permission to Work Following Graduation
The Post Graduation Work Permit provides foreign students with the opportunity to work in Canada after graduation by giving them a work permit that is valid for up to three years in Canada.
In addition, the PGWP is exempt from the requirements of the Labour Market Impact Assessment (LMIA).
The applicant must have completed at least eight months of full-time attendance at a recognised post-secondary institution or a secondary school that provides qualifying programmes.
The International Mobility Program
For an appointment of a foreign national under the International Mobility Program (IMP), the employer must submit an offer of employment number via the Employer’s portal of Citizenship and Immigration Canada (CIC) and pay the employer compliance fee.
The IMP includes all streams of Work permit applications that are exempt from the LMIA requirements. This covers, but is not limited to, the following items:
Agreements on Trade
Agreement on Tariffs and Trade in the North American Union (NAFTA)
Professionals, especially university professors, may benefit from streamlined temporary entry processes under the North American Free Trade Agreement (NAFTA). This exception is solely applicable to temporary jobs, and it should not be used for tenured or permanent posts.
The terms of the North American Free Trade Agreement (NAFTA) are only available to citizens of the United States of America and Mexico. Permanent residents of one of the nations listed above who are not citizens of another country are subject to the processes outlined in the Temporary Foreign Worker Act (TFWP).
Professors on sabbatical
The job cannot last more than two academic years, and the candidate must continue to have a post in another country.
Lecturers on a temporary basis
The appointment of a lecturer cannot last more than one academic term (four months).
Individuals who are well-known
This type of exemption is reserved for foreign people who will provide a substantial benefit to the community in which they live. Applicants for this category must be regarded as leaders in their areas by their peers, and they must demonstrate that they are such leaders.
Recipient of a research grant
To qualify, the candidate must be the direct recipient of an academic award that includes both labour and monetary compensation. Moreover, this exemption is applicable to research awards that have been paid by foreign institutions.
Fellows in post-doctoral studies
The candidate must have a PhD or an equivalent degree and be assigned to a job with a restricted time frame. The McGill University Guidelines state that this term cannot be more than five years in length.
Programs for youth exchange
This exemption, which falls under the International Experience Canada programme, includes a number of other organisations, such as the Student Work Abroad Program (SWAP) and the International Association for the Exchange of Students for Technical Experience (IAESTE), which are aimed at international youth.
In addition to all the programs, there are more such programs to which the Canadian govt. is updating as per the norms. Keep an eye on the official website and let us know if you have any queries.