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21 Jul 2020

Canadian immigration pathways for tech workers

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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:

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:

Have a PT nomination that has been validated by the nominating jurisdiction; and,
Meet the program requirements of one of the Express Entry federal immigration programs (i.e., Federal Skilled Worker, Federal Skilled Trades or Canadian Experience Class).

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

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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

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:

have a job offer
submit a WP application that is supported by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment
notify IRCC

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

15 Jul 2020

Why global investors should invest in Atlantic Canada?

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Atlantic Canada or “the Maritimes” includes the provinces of New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island that boast Canada’s most spectacular and pristine coastline. They are well known for their lush vistas and uncrowded beaches, breathtaking scenery and a vibrant and welcoming culture.

Besides tourism, The Atlantic Trade and Investment Growth Strategy has been initiated to grow export and boost foreign investment in the region. Through an unprecedented level of collaboration, the Government of Canada and the four Atlantic provincial governments have committed to working hand-in-hand to create jobs and strengthen the economy by increasing the number of exporters, the value of export sales, export markets and foreign investment in the region. Now, many multinational companies like IBM, Samsung, Tech Mahindra, Michelin have found strategic market development and have been investing in Atlantic Canada. Each of the Atlantic provinces have their own distinguished universities and industries which is appealing to investors.

Prince Edward Island

Prince Edward Island (PEI) is Canada’s smallest province located on the east coast of North America. PEI’s population is growing which can be attributed to Atlantic Immigration Pilot. The program allows employers to attract highly skilled individuals as well as recent graduates from Atlantic Canada post-secondary institutions. New people are coming to the province, bringing new ideas and possibilities, and contributing to its social and economic fabric. The economy of Prince Edward Island is driven by a vibrant business environment, a stable labour force and a great place to operate a business which can benefit multinational companies.

PEI’s Bioscience Cluster is another industry which has gained international attraction which has more than 60 multinational companies, seven research institutions and Emergence- Canada’s Bioscience Business Incubator which assists growing companies in the bioscience and food sectors.

Newfoundland and Labrador

Newfoundland and Labrador is the largest producer of crude oil in eastern Canada, and is the 3^rd largest oil producing province in Canada. Since 1997, 1.7 billion barrels of oil have been produced and the industry accounts for 25 per cent of provincial GDP and 41 per cent of exports over the past 20 years. St. John’s is the commercial hub of Canada’s offshore oil industry and is home to international oil companies, supply and service firms, as well as a specialized and diverse range of marine expertise. The Government of Newfoundland and Labrador has released a plan for growth of Oil and Gas Industry in early 2018 which will rank Newfoundland and Labrador as the most attractive Canadian jurisdiction for oil and gas investment.

The federal government’s new approach to fostering innovation and economic growth in the ocean sector – the Ocean Supercluster – positions Canada to become a global leader in the knowledge-based ocean economy. This initiative will see hundreds of millions of new dollars invested in ocean-related research and development and commercialization.

This industry is supported by research & development at Memorial University and The Fisheries and Marine Institute. Besides industry-based research they offer certificate, diploma, undergraduate, graduate and postgraduate programs. They have been providing talented graduates who can be assets to local industry and multinationals like Kongsberg Maritime, Kvaerner, TechnipFMC and Vale who have invested in the province.

New Brunswick

Located on Canada’s east coast along the Atlantic Ocean, New Brunswick offers a distinct way of life and exciting career opportunities. NB has been growing its cybersecurity ecosystem where business, academic institutes, and government work together to facilitate growth and increase in talented workforce, promote innovation for secure critical infrastructure and secure business growth and customer trust. IBM’s major innovation hub and Siemens Canada have their centers for cybersecurity in NB. And, with the opening of National Innovation Centre for Cybersecurity at Knowledge Park in Fredericton, NB, there will be a major addition to Canada’s national cyber security capabilities.

Nova Scotia

Located on Canada’s east coast, Nova Scotia has strong and stable economy, well-educated workforce, adequate environmental policies that offer competitive advantages for exporters and investors in Growing industry sectors including ocean technology, life sciences, aerospace & defense, finance & insurance and advanced manufacturing.

Michelin North America, manufacturer of tires, employs 3,300 people across the province while DSM Nutritional Products manufacturers concentrated fish oils in NS.

NS ocean technologies are its strength with high levels of R&D and innovation. Centre for Ocean Ventures & Entrepreneurship (COVE) is a collaborative facility for applied innovation in the ocean sector. This collaborative space will be home to local and global ocean technology businesses, start-ups, researchers, marine-based and service businesses.

Nova Scotia has a total of 10 universities and 13 community colleges and has one of the most educated workforces in the country, with over 62% of the population having some post-secondary education. Thus, there is a sustainable supply of top talent for the investors.

The Atlantic Immigration Pilot Project

The Atlantic Immigration Pilot Project is a fast-track employer driven immigration program that allows employers in four Canadian Atlantic provinces (Nova Scotia, New Brunswick, Newfoundland and Labrador and Prince Edward Island) to hire foreign nationals for jobs they haven’t been able to fill locally. The program also has the goals of supporting population growth, developing a skilled workforce, and increasing employment rates in the region.

07 Jul 2020

Who can submit a paper application to stay in Canada?

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Foreign nationals in Canada seeking to extend their stay must apply electronically (online) unless they are one of the exceptions. On June 4, 2019 the Immigration and Refugee Protection Regulations (IRPR) were amended to make an electronic application mandatory for most temporary residence applications made from within Canada. Applications need to be sent electronically if foreign nationals want to:

apply to remain in Canada as a temporary resident
apply for a work or study permit or for renewal of such a permit
apply for restoration of temporary resident status
apply under youth mobility arrangement

However, Immigration, Refugees and Citizenship Canada (IRCC), allows some exceptions to this rule.

Exceptional circumstances

There may be exceptional circumstance beyond the control of foreign nationals, individuals, or entities, and can be grounds for bypassing the online application requirement. Applicants may fall under this exemption if they cannot submit online application because of inadequate, or incompatible electronic infrastructure in their country. Exceptional circumstances could also include a natural disaster, political turmoil, or another situation that limits their access to electronic communication.

Disability

A foreign national or an individual who, because of a disability, is unable to meet a requirement to make an electronic application may also apply paper-based application.

System restrictions

There are 2 online systems that clients can use

Come to Canada tool: for assessing eligibility online
MyAccount: clients register and log in using GCKey or a Sign-In Partner

Come to Canada tool and MyAccount are inadequate for specific applicants inside Canada. As a result, the applicants may be exempt from the mandatory online application.

List of the programs exempt from electronic (online) application are as follows:

Open work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada class.
Live-in caregivers who have submitted an application for permanent residence
Permanent residence applicants in Canada who used Express Entry to submit their permanent residence application and have received an acknowledgment of receipt letter
Start-up visa work permit applicants
Quebec physicians
International Experience Canada (IEC) participants extending the period of participation or changing employers
Post-graduation work permit (visitor record to post-graduation work permit and post-graduation work permit extensions
In-Canada applicants under the 2 pilots for caregivers [Home Child Care Provider Pilot (HCCPP) & Home Support Worker Pilot (HSWP)]
Destitute students
Holders of a temporary resident permit valid for a minimum of 6 months
Seafood-processing workers
Non-Seasonal Agricultural Worker Program (SAWP) Guatemalan workers
Urgent referrals process for work permitsor otherwise specified by the Clients Support Centre’s call handling document
Refugee claimants
Persons under an unenforceable removal order
Failed refugee claimants waiting for removal who need to support themselves
Visitors in Canada applying for an initial study permit, work permit or both who are accompanying a spouse holding a low-skilled work permit

If the foreign national has an authorized paid representative with access to Canada’s APR portal, the representative is required to submit applications electronically on behalf of their client.

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 will provide our insights and help as much as we can during these difficult times.

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Category Archives: TFW