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Category Archives: LMIA

Mission Ambedkar  /  Blog  /  LMIA
30 Jul 2020
half of new skilled immigrants possess canadian experience

Half of new skilled immigrants possess Canadian experience

Categories canada, Canadian Experience, Coronavirus, COVID-19, CRS, express entry, immigration, immigration news, IRCC, ITA, LMIA, News, Permanent Immigration, Permanent Residence, PNP, PRV, Skilled Worker, Travel, Work Permit 0 Comments

Over the last few years, more immigrants are gaining permanent residence with Canadian work and study experience. As indicated by Statistics Canada, the number of temporary foreign workers and students grew exponentially between the year 2000 and 2018. In 2000, 12% of new economic immigrant principal applicants had worked in Canada before obtaining permanent residency while this share increased to 59% in the year 2018.

The introduction of the Canadian Experience Class (CEC) in 2009 and increasing Provincial Nominee Programs (PNPs) has led to more temporary foreign workers becoming permanent residents of Canada.  In 2018 CEC admitted 20% of all economic-class principal applicants while the Federal Skilled Worker Program (FSWP) and PNPs admitted 25% and 46% respectively.

The advent of Covid-19 pandemic and global travel restrictions have reduced the flow of immigrants to and from Canada, which has increased Canada’s reliability on temporary foreign workers already residing in the country to fulfill their immigration needs. This has also increased the importance of temporary foreign workers in the selection and labour market outcomes of new immigrants in Canada. In 2018, 46% of new economic immigrants were former temporary foreign workers, up from 8% in 2000 according to Statistics Canada.

The “two-step” immigration selection process accounts for the journey of immigrants who arrive in the country as workers or students and then become a permanent resident. In this process

  • Firstly, students or skilled migrants get temporary residence and gain valuable Canadian experience.
  • Secondly, the temporary residents apply for immigration and are selected based on the criteria outlined in Canada’s federal or provincial immigration programs.

This 2-step process improves the match between immigrant skills and labour market demands as employers can directly assess the skills and intangible qualities of the temporary worker. It is evident that the coronavirus pandemic has highlighted potential issues related with dependence on temporary foreign workers, such as labour supply uncertainty, and poor working conditions for employees.

The two-step immigration selection has evolved from 60,000 to 429,300 number of temporary foreign workers between 2000 and 2018.

According to a study conducted by  Statistics Canada, it was discovered that the percentage of new immigrants who were hired in the first full year after immigration rose substantially from 81% to 87% between 2000 to 2016 among men in the age group of 20 to 54 years and among women from 61 % to 67 %. The study also recognized this increase in employment relevant to the growing share of new immigrants with Canadian work experience, who having worked and lived in the country as either temporary foreign workers or international students.

Immigrants who have worked in Canada before immigration had considerable benefits in labour market outcomes over immigrants without Canadian work experience, especially when it comes to high earning positions. Comparably, economic immigrants who landed from 2000 to 2005 and had Canadian experience before immigration earned 4.2 times more than immigrants without Canadian work experience in the first full year after immigration, 2.6 times more in the 5th year, and additional 2.1 in the 10th year.

In a holistic view, immigrants with Canadian experience are finding more employment options and making more annual earnings due to initiatives taken by federal governments in creating more pathways for foreigners with Canadian experience.

Lastly, the COVID-19 pandemic has compelled policymakers to re-evaluate what kind of immigrant workforce the country needs, as people who were previously not considered as highly skilled or essential, are deemed as the frontline workers today.

21 Jul 2020
Canadian immigration pathways for tech workers

Canadian immigration pathways for tech workers

Categories BC PNP Tech Pilot, bcpnp, canada, Coronavirus, COVID-19, express entry, Expression of Interest (EOI), immigration, immigration news, IRCC, LMIA, News, NOC, OINP, Ontario, Permanent Immigration, Permanent Residence, PNP, Quebec, Skilled Worker, TFW, TFWP, Work Permit 0 Comments

Canada’s tech sector has been booming in the recent years. Technology is evolving rapidly, and Canada has quickly established itself as a leader in the emerging IT sector. More and more tech workers are immigrating to Canada in search of new employment opportunities and there is no secret why?

Canada offers various ways to immigrate as a tech talent, including programs which offer Canadian permanent residency. Even with the advent of coronavirus pandemic, this sector remains strong with companies actively recruiting talent around the globe.

Canada is helping to make it easier for businesses in the technology sector to recruit top talent. Whether candidates wish to move to Canada on a permanent or temporary basis, the following are key options are to consider:

Express Entry

Express Entry is a system used by the Canadian Government to manage Canadian permanent residence applications for filling labor gaps through certain economic immigration programs. It is an extremely popular option for global tech talent looking to immigrate to Canada. Tech workers are the main occupational group of immigrants who move to Canada through Express Entry.

If you are a tech worker who has not lived in Canada before, the best option for being eligible for Express Entry is through the Federal Skilled Worker Program (FSWP). The FSWP accounts for nearly half of all individuals who obtain an Invitation to Apply (ITA).

Federal Skilled Worker (FSW) applications are assessed based on an applicant’s ability to become economically established upon immigration to Canada. This is a key category in Canada’s Express Entry (EE) immigration system.

Minimum program requirements: To qualify under this program, the applicant must:

  • Have at least one year of continuous full-time or equivalent paid work experience in the past 10 years in a skilled occupation (National Occupational Classification skill lever 0, A or B); or Qualify for an  Arranged Employment in Canada (AEO) with a Labour Market Impact Assessment (LMIA) for a full-time, permanent job offer from a Canadian employer;
  • Get a minimum level of CLB 7 or NCLC 7 for first official language in all 4 language areas (Reading, Writing, Speaking & Listening). To get points for the second official language, you must meet the minimum level of CLB 5 or NCLC 5 in all 4 language areas;
  • Have a Canadian educational or Educational Credential Assessment (ECA)for a foreign education.
  • In addition to fulfilling eligibility and points requirements, applicants must show that they have sufficient settlement funds to support themselves and their dependents after arrival in Canada

Important Points

  • The applicant(s) must obtain at least 67 points based on Immigration, Refugees and Citizenship Canada’s (IRCC) immigration selection factors. The selection factors are as follows:

Education: 25 points | Language: 28 points | Work Experience: 15 points | Age: 12 points | Arrange Employment: 10 points | Adaptability: 10 points

  • The applicants must plan to reside outside the province of Quebec. The province of Quebec selects its own skilled workers through a unique immigration system.

Provincial Nominee Program (PNP)

Furthermore, the next best option for tech talent to immigrate to Canada is PNP. The Provincial Nominee Programs (PNPs) allow Canadian provinces and territories to nominate individuals who wish to immigrate to Canada and are interested in settling in a particular province.

Provinces and territories (PTs) that operate a Provincial Nominee Program (PNP) can nominate candidates through the Express Entry pool, in addition to nominating foreign nationals to the existing paper-based process. PT nominations made via Express Entry are called “enhanced nominations” and enable each PT to increase its annual nomination space. Enhanced nominations are processed online and are subject to the six-month or less processing standard (in 80% of cases).

 Minimum program requirements: To qualify under this program, the applicant must:

Important Points

  • Candidates who have a PT nomination receive an additional 600 points in the Comprehensive Ranking System (CRS), which is usually sufficient to trigger an invitation to apply (ITA) at the next round of invitations.
  • PTs have direct access to the Express Entry pool through a dedicated portal that allows them to view and nominate candidates in the pool.
  • Once a nomination has been issued by a PT and accepted by a candidate, it cannot be cancelled in the candidate’s Express Entry profile. Should the candidate change their mind, or the PT withdraw the nomination after acceptance of the nomination, the candidate must cancel their Express Entry profile and submit a new profile in their online account.

Tech is a significant area of need, which is why some provinces operate tech worker streams, the most notable programs are offered by the provinces of Ontario and British Columbia.

The Ontario Tech Pilot is for workers who have experience in one of six tech occupations and have crated their Express Entry profile. In 2020 Ontario has held two Tech Pilot draws, including one during the pandemic, in May, under which over 700 candidates received invitations for a provincial nomination.

The demand for talent in B.C.’s tech sector is increasing faster than supply. British Columbia Tech Pilot invites immigration candidates to apply for a provincial nomination on an almost weekly basis if the candidates have a job offer in one of 29 tech occupations. In 2020, the province has held 14 tech draws, including earlier this month, with over 1,500 people receiving provincial nominations so far this year.

Start-Up Visa

The Canadian government also operates the Start-up Visa program. This program grants permanent residence to immigrant entrepreneurs while assisting them to become established in Canada. It is a popular option for tech talent and has significantly different selection criteria from other skilled worker programs.

The program encourages immigrant entrepreneurs to grow their companies in Canada. Under this program successful candidates need to be endorsed by a Canadian government designated entity such as an angel investor, venture capital firm, or business incubator, who are in turn responsible for supporting the entrepreneur’s success once they come to Canada.

Eligibility requirements of the program: To be eligible for the Start-up Visa Program, the applicant must:

  • Have a qualifying business
  • Get a letter of support from a designated organization
  • Meet the language requirements
  • Bring enough money to settle
  • Pass Canadian security and medical clearances
  • Plan to settle in a province other than the Province of Quebec 

Qualifying Business: A qualifying business means you created a business that meets the following conditions:

  • At the time you get a commitment from a designated organization:
    • Each applicant holds 10% or more of the voting rights attached to all shares of the corporation outstanding at that time (up to 5 people can apply as owners)

and 

  • Applicants and the designated organization jointly hold more than 50% of the total voting rights attached to all shares of the corporation outstanding at that time
  • At the time you receive your permanent residence:
    • You provide active and ongoing management of this business from within Canada
    • An essential part of the operations of the business happens in Canada
    • This business is incorporated in Canada 

Designated Organization

The applicant must get a letter of support from a designated organization. Designated organizations are business groups (venture capital funds, angel investor groups, and business incubator organizations) that are approved to invest in or support possible start-ups through the Start-up Visa Program. Successful applicants are required to secure a minimum investment for their Canadian start-up. If coming from a designated Canadian venture capital fund, the investment must be at least $200,000 CAD. If coming from an angel investor group, it should be at least $75,000 CAD. Applicants do not need to secure any investment from a business incubator. However, applicants must be accepted into a Canadian business incubator program.

Applicants are not required to invest any of their own money. If their Canadian start-up is unsuccessful, individuals granted permanent residence through this program will retain their permanent resident status. 

Language Requirements

The applicant must meet the minimum level of the Canadian Language Benchmark (CLB) 5 in either English or French in all four areas (speaking, reading, listening & writing). 

Enough money to settle in Canada

The Government of Canada does not give financial support to new start-up visa immigrants. An applicant is required to give proof that he/she has the sufficient money to support themselves and dependents after their arrival in Canada. 

Global Talent Stream 

Apart from permanent residency programs, Canada offers many temporary resident pathways for tech workers who are looking for a faster pathway to migrate before submitting a permanent residence application or do not wish to settle permanently in Canada. Immigration programs such as the Canadian Experience Class (CEC) are meant to support the process of temporary residents seeking permanent residency in the country.

One of the more notable temporary visa options is the Global Talent Stream. It enables Canadian employers to hire tech talent and bring them to Canada in about a month. The Global Talent Stream is one component of Canada’s Global Skills Strategy which has facilitated the arrival of over 40,000 tech workers to the country since 2017. 

IMPACT OF COVID-19 ON CANADIAN IMMIGRATION

The COVID-19 pandemic is having a major impact on travel to Canada, but the country is still enabling temporary visa holders to enter the country for work. Invitations to successful immigration candidates are also progressing since Canada is planning to welcome them into the country once the pandemic has subsided. As a holistic view, Canada remains open to global tech talent who wish to call this country their new home.

With so many tech jobs and immigration opportunities, you may be unsure of where to start? Contact us and book a consultation!

16 Jul 2020
Work permit levels in Canada remain steady post COVID-19 outbreak

Work permit levels in Canada remain steady post COVID-19 outbreak

Categories canada, Canadian Experience, Caregiver, Coronavirus, COVID-19, ESDC, immigration, immigration news, International Students, IRCC, IRPR, LMIA, News, NOC, PGWP, Skilled Worker, Student Permit, students, Study Permit, Temporary Resident Permit (TRP), TFW, TFWP, visit, Work Permit 0 Comments

The number of work permits issued to TFWs in Canada appears to have been affected by coronavirus closures. The year started off strong where a total of 32,995 work permits were issued in January 2020 but, after the novel coronavirus pandemic in March total number of work permit went down to 19,650.

The work permit number increased to 29,900 in April which again dropped to 25,125 in May, 2020. The drop in May work permits is typically in part due to less Seasonal Agricultural Worker Program (SAWP) permits.

These new permits issued to TFWs post COVID-19 outbreak include permits issued to people who were eligible to work in Canada through the

  • Temporary Foreign Worker Program (TFWP) or
  • International Mobility Program (IMP)

The TFWP allows Canadian employers to hire foreign talent when no Canadian worker could fill the job vacancy. It is mainly used to admit seasonal agricultural workers to Canada, but also covers other sectors while IMP, which meets Canada’s broad economic and social needs, includes the Global Talent Stream (GTS), and the Post Graduation Work Permit (PGWP).

Tech workers who either work for designated companies or are being hired in highly skilled occupations can apply under GTS.

International students can use the PGWP to gain up to three years of Canadian work experience, which is highly valued in an application for permanent residence.

General eligibility requirements for Work permit. No matter where you apply, you must

  • Prove to an officer that you will leave Canada when your work permit expires. You can include many supporting documents to support this claim. For example: your family ties, employment etc.
  • Show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home. You can include your financial documents.
  • Obey the law and have no record of criminal activity (IRCC may ask you to provide a police clearance certificate)
  • Not be a danger to Canada’s security,
  • Be in good health and have a medical exam, if needed,
  • Not plan to work for an employer listed with the status “ineligible” on the list of employers.
  • Not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and
  • Give the officer any other documents they ask for to prove you can enter the country. 

Work Permit from outside Canada

To come to Canada as a temporary foreign worker, you must get a work permit. In general, you need to apply for a work permit from Immigration, Refugees and Citizenship Canada (IRCC) before you come to Canada. You must apply to a visa office outside Canada if you need a visa to enter Canada or if you need to have a medical exam before you come to Canada. You need to get a job offer and some other documents from a Canadian employer before you apply.

Work Permit from inside Canada

You can apply for a work permit from inside Canada if you are currently in Canada and

  • Have a valid study or work permit, or your spouse or parents have a study or work permit
  • Have graduated from a program at a Canadian university, community college, CÉGEP, publicly funded trade/technical school, or other eligible school.
  • Have a temporary resident permit that is valid for six months or more,
  • Have applied or been included in an application for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit)

Work Permit at the port of entry

You may apply for a work permit on arrival at a port of entry (POE) in Canada if the following applies

  • You are exempt from the requirement for a temporary resident visa and your job falls within the International Mobility Program (i.e., you are not required to obtain a Labour Market Impact Assessment [LMIA]);
  • You are exempt from the requirement for a temporary resident visa and your job falls within the Temporary Foreign Worker Program (i.e., you are required to obtain an LMIA) and a positive or neutral LMIA has been issued by the time you arrive, and your employer has completed all of the steps for your type of work permit
  • You are a national or permanent resident of the U.S., Greenland or Saint-Pierre and Miquelon regardless of whether your job falls with the Temporary Foreign Worker Program or the International Mobility Program.
  • You will not be working as a live-in caregiver or as a seasonal agricultural worker

In addition to the above, you must have completed your immigration medical examination, if required, before your arrival. If you’re a citizen of an eTA-required country, you’ll need to get an eTA if you plan to fly into Canada. IRCC recommends that you apply for your work permit before you travel to Canada.

Work permits based on skill types

High Skilled Work Permits

High skilled work permits are obtained in an occupation under the National Occupational Classification (NOC) skill level 0, A or B.  Generally, for skilled work permits, applicant need to have 1-3 years of experience depending upon the occupation and in certain cases only relevant education can fulfill the job requirements. Applicants also need to prove their English or French language skills to meet the job requirements.

Low skilled work permits

Low skilled work permits are obtained in an occupation under the National Occupational Classification (NOC) skill level C & D. Low skilled work permits require maximum of high school education or job specific training. Applicants also need to prove their English or French language skills to meet the job requirements.

Low skilled work permits under agriculture stream

Low skilled work permits under agriculture stream generally do not require any specific language skills, education and experience. You still need to meet all general eligibility requirements for work permit.

Under low skilled work permits, generally employers pay return airfare, ensure that affordable and suitable accommodation is available, provide temporary medical insurance coverage, register workers with provincial workplace safety insurance plans, sign an employer-employee contract.

How Can-X can help?

  • We can help foreign nationals and foreign workers to apply for Canadian Work Permit which authorizes them to legally work in Canada.
  • We can apply for approval of Labour Market Impact Assessment (LMIA) to Employment and Social Development Canada (ESDC) on behalf of employers.

Contact us for assessment and more information!

 

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

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

Categories canada, Coronavirus, COVID-19, immigration, immigration news, International Students, IRCC, IRCC Web Form, LMIA, News, PGWP, Skilled Worker, Student Permit, students, Study Permit, Temporary Resident Permit (TRP), TFW, TFWP, visit, Work Permit 0 Comments

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 info@canximmigration.com 

24 Jun 2020
canada-to-help-yukon-communities-to-attract-immigrants-for-permanent-settlement

Canada facilitates settlement of immigrants in Yukon

Categories canada, express entry, immigration, immigration news, IRCC, LMIA, News, Permanent Immigration, Permanent Residence, Skilled Worker, Work Permit, YNP, Yukon, Yukon Express Entry 0 Comments

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!

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