Canada exempts essential workers from giving biometrics overseas

Immigration, Refugees & Citizenship Canada (IRCC) has implemented a temporary public policy exempting essential workers from giving biometrics overseas.

Temporary foreign workers are playing a key role in helping to safeguard the continuity of Canada’s food supply and health security as well as trade and commerce. Due to the ongoing service disruptions related to COVID-19, the Government has put in place a public policy to temporarily exempt foreign workers in certain sectors (e.g. agriculture, agri-food, truck drivers and health-care)  from having to give their biometrics before coming to Canada if the biometrics collection site closest to them is closed.

Most of the workers in essential occupations who are coming to Canada have already given their biometrics, as they have previously worked in Canada. Some exempt workers, such as seasonal agricultural workers, will now be giving their biometrics on arrival at Canadian ports of entry (POEs). Nonetheless, it will continue to maintain the safety and security of the Canadian public by ensuring that biometrics are collected for all TFWs.

What happens when the worker arrives in Canada?

The worker may be asked to give their biometrics at a Point of Entry (POE) in Canada. The worker will also be assessed by the Canada Border Services Agency (CBSA) to ensure that they are coming for an essential purpose, for example, they have a letter of introduction for a work permit, and have a valid job offer and can work once they enter Canada.

Once a worker has entered Canada, they must self-quarantine by law for a period of 14 days.

Options for workers who are not covered under the public policy, their application is in progress and still cannot give biometrics

If the visa application centres (VACs) or other biometrics collection sites are still closed, and extension to give biometrics is ending, the applicant will not have to give their biometrics until the biometrics collection sites reopen. This applies, even if the biometric instruction letter (BIL) says that deadline is 30 or 90 days. IRCC has reiterated that no application in progress will be closed or refused because of documents that are missing due to COVID-19.

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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.

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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.

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