#1Canada's Foreign Worker Program in British Columbia A Presentation of the Canada / British Columbia Temporary Foreign Workers Working Group on Canada BRITISH COLUMBIA The Best Place on Earth#2Canada / BC Working Group Partners Federal Government Partners ♣ Citizenship and Immigration Canada (CIC) * Service Canada (HRSDC) ♣ Canada Border Services Agency (CBSA) Provincial Government Partner ♣ Ministry of Economic Development (MED) - Provincial Nominee Program (PNP)#3Overview What is work & work permit exemptions Labour market opinion process & exemptions Four steps in hiring foreign workers ♣ Port of entry examinations Work permit extensions BC Provincial Nominee Program#4Canada's Temporary Foreign Worker Program Canadian employers hire foreign workers to help address skill and labour shortages. Service Canada & CIC ensure that foreign workers will support economic growth in Canada and help create job opportunities for all Canadians. First, let's do a quick "IRPA 101" on Foreign Workers...#5Citizenship and Immigration Canada#6What is Work? The Immigration and Refugee Protection Act (IRPA) and the Regulations (IRPR) state that a foreign national may not work in Canada unless authorized. Work is an activity: ♣for which wages are paid or commission is earned, OR ♣ that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.#7Job Categories Exempt from a Work Permit Under specific circumstances, a foreign national may work in Canada without a work permit. Some common examples: Athletes and coaches Business visitors Civil aviation inspectors Clergy Convention organizers Examiners / evaluators Expert witnesses Foreign representatives Health care students Judges / referees Military personnel News reporters On-campus employment (international students) Performing artists Public speakers#8Hiring Temporary Foreign Workers Step One: Employer recruits foreign worker and makes a job offer Job offer must include: Job title, a concise description of the job, a list of required education, skills and experience, details of when the job will start and end, salary details, address where employee will be working Wages: Wages and working conditions must be consistent with the Canadian labour market#9Hiring Temporary Foreign Workers Step Two: Employer applies for an LMO from Service Canada Some types of work are LMO-exempt: Int'l Free Trade Agreements (NAFTA, CCFTA, GATS) ♣ Reciprocal arrangements with other countries Public Policy to give Canada a competitive advantage ♣ Humanitarian & Compassionate situations Provincial Nominees ♣ Significant Benefit to Canada#10Confirmation of LMO Exemption Employers who believe an LMO exemption applies can seek verification of the LMO exemption from the CIC Vancouver Temporary Foreign Worker Unit. Information required: ♣ Employer and employee information Details of the job ♣ Supporting documents If an officer determines that an exemption does not apply, the employer will be directed to apply for an LMO.#11Service Canada#12Service Canada's Role in the Federal Temporary Foreign Worker Program To provide CIC an Opinion on the Canadian labour market impact if a foreign national filled a job position. Two Possible Decisions on an Opinion: J Confirm (positive) 2 Types of Opinions: Refuse (negative) LMO - Labour Market Opinion for temporary job offers AEO - Arranged Employment Opinion for permanent job offers that support Permanent Residence#13Assessment Criteria for Temporary Job Offers A job offer is assessed on: the occupation that the foreign worker will be employed in; the wages and working conditions offered; the employer's advertisement and recruitment efforts; the labour market benefits related to the entry of the foreign worker; consultations, if any, with the appropriate union; and whether the entry of the foreign worker is likely to affect the settlement of a labour dispute.#14Examples of LMO Assessment Tools Job Classification National Occupation Classification (NOC) coding system 9 a job is classified based on the majority of duties the foreign worker is expected to do 9 Advertising and Recruitment Documents include wage rate and job requirements www.jobbank.gc.ca 9 Wage Rate 9 www.labourmarketinformation.ca#15National Occupational Classification (NOC) System Categorize jobs performed by Canadians. ♣Standardized way of describing and understanding the nature of work Classify occupations according to: - skill level - skill type Based on a 4-digit NOC code. Examples: - Legislators = NOC code 0011 - Lumber graders = NOC code 9436#16Federal Temporary Foreign Worker (LMO) Application Steps Employer driven process involves: 1. Employer completes Application for a Labour Market Opinion (Form #: EMP5239B) based on the LMO criteria 2. Employer submits LMO application to Service Canada's BC/Yukon Foreign Worker Unit 3. Service Canada makes decision The decision: Service Canada officer will correspond with the employer about the LMO decision. Once a positive LMO is issued, employer advises foreign workers to apply for a work permit and if necessary, a temporary resident visa at a Visa Office abroad.#17Federal Temporary Foreign Worker (LMO) Application Options Scenario 1: Employer has the name of a foreign worker who qualifies to fill the vacant job position that require a LMO. Option: Employer submits a LMO application form. Scenario 2: Employer does not have the names of the foreign workers who qualify to fill the vacant job positions and each position requires a LMO. Option: Employer requests a written pre-approval for the equivalent number of vacant job positions and submits a LMO Application form.#18Citizenship and Immigration Canada#19Hiring Temporary Foreign Workers Step Three: Foreign worker applies for a work permit Apply for work permit prior to entry: Most foreign workers must apply for a work permit prior to their arrival in Canada either to CIC at a Visa Office or to CBSA at a port of entry (POE). Conditions: Foreign worker must adhere to conditions listed on the work permit Citizenship and Immigration Canada. Citoyenneté et Immigration Canada CANADA WORK (PERINTADA CASE TYPE TRAVEL DOC : PASSPORT BONDED EPPLEYER OCCUPATE 24 CA APPLIED CHEMICAL TECHAL STATUS FPS CONDITIONS: CANADA DA 1. UNLESS AUTHORIZED, PROHIBITED FROM ATTENDING ANY EDUCATIONAL INSTITUTION AND TAKING ANY ACADEMIC PROFESSIONAL OR VOCATIONAL TRAINING COURSE. 2. NOT AUTHORIZED TO WORK IN ANY OCCUPATION OTHER THAN STATED 3. MOT AUTHORIZED TO WORK FOR ANY EMPLOYER OTHER THAN STATED. 4. NOT AUTHORIZED TO WORK IN ANY LOCATION OTHER THAN STATED. 5. MUST LEAVE CANADA BY 31 JUL 2003 PROTECTED WHEN COMPLETED PROTEGE UNE FOIS REMPLI -B CANADA IMMIGRATION BB090 518 794 SURNAME, GIVEN NAMES-NOM DE FAMILLE PRENOMS BRTH DATE-DATE DE NAISSANCE COUNTRY OF BIRTH PAYS DE NAISSANCE BRAZIL OFF FILE NO-N DE RÉF DU BUREAU 513382389428 ATE SIGNED-SIGNÉ LE 01 AUG 2002 0922283445 SEX-SEXE FEMALE COUNTRY OF CITIZENSHIP CITOYEN DE BRAZIL CLIENT ID. ID DU CLIENT VALID UNTIL-DATE DEXPIRATION EXT.NO. CODE PRonoo 31 UL 2003 CANADA BEMARKS: CK-519 CANADA#20Temporary Resident Visa Nationals of approximately 1/2 of the world's nations require a temporary resident visa (TRV). Must be obtained at a Canadian Visa Office Allows foreign nationals to present themselves at the POE for examination Does not determine length of stay in Canada May be for single entry or multiple entries Canada VISA ISSO AT DELIVRE A DATE OF ISSUE/DATE D'EMISSION EXPIRY DATE DATE D'EXPIRATION HONG KONG No. OF ENTRIES D'ENTREES ONE CATEGORY/CATEGORIE V-1 18/08/2003 17/02/2004 DOCUMENT No./N° DU DOCUMENT SURNAME NOM DE FAMILLE GIVEN NAME PRENOM PASSPORTIN NO DU PASSEPORT A3953787 C REC. REC. F FPA OBN E080192985 VISITOR PERSON(S) PERSONNE(S) ONE V030800308 PROPRIETE DU GOUVERNEMENT DU CANADA PROPERTY OF THE GOVERNMENT OF CANADA V< ADM6043459 <<<<<<<<<<<<<<<<<<<<#21Canada Border Services Agency#22Hiring Temporary Foreign Workers Step Four: CBSA POE examination - Foreign worker must meet requirements of IRPA Foreign worker must provide documentation to support reason for entry Foreign worker must be admissible to Canada passport or visa requirements ♣ health conditions that may affect public health or excessive demands on our health services ♣ previous or pending criminal activities ♣ public safety or security risks concerns#23Work Permit Issuance At the POE, the Officer will determine: If the foreign worker is in possession of an approval letter issued by the Visa Office abroad regarding the work permit. ♣ If not, whether they can apply at the POE If so, are they exempt from LMO If not, are they in possession of LMO ♣ If so, do they possess the credentials stipulated in the LMO#24Work Permit Issuance ♣ If so, do they require a medical examination ♣ If not, whether they meet all other requirements under IRPA. If all requirements are met: - Issue work permit If inadmissible under IRPA: - Issue TRP if circumstances are warranted, or - Select the appropriate enforcement option#25Work Permit Extension A work permit allows foreign nationals to work in Canada temporarily. If they want to continue to work beyond the validity of their work permit, or change any of the terms and conditions, they must apply to do so before the expiry of their document. * Mail application to CPC Vegreville ♣ Must provide new job offer / contract A new LMO may be required Must have valid passport#26Implied Status / Restoration Foreign nationals can continue to work under the same conditions of their work permit until a decision is made if: they applied to renew/change their work permit before its expiry date, and their status expired before a decision was made Workers who do not apply before the expiry of their work permit cannot continue to work until their status has been restored – they must apply for restoration within 90 days after the status was lost. -#27Review Step 1 Step 2 Step 3 Step 4 Make job offer to foreign worker Apply for an LMO from Service Canada Foreign worker applies for a work permit Foreign worker seeks entry to Canada Note Conditions of employment must meet provincial standards. The PNP is an option available for applying for permanent resident status.#28BC Provincial Nominee Program Ministry of Economic Development#29Keeping Foreign Workers Permanently Foreign workers can immigrate to Canada under several programs: Skilled Workers: point system 67/100: education, work experience, knowledge of English or French *Business Immigration: investors, entrepreneurs, self-employed persons Family Class: sponsorship by family member in Canada: spouse, children, parents + Provincial Nominee: persons nominated by a Canadian province or territory#30BC Provincial Nominee Program (BC PNP) Economic Immigration Programs Branch Ministry of Economic Development Objectives of the BC PNP: ♣ Create economic benefit Address critical skills shortages Attract entrepreneurs with a desire to establish businesses & invest in BC#31BC PNP - Strategic Occupations Key factors in the Strategic Occupations component: The BC employer's history and operations. The occupation in which the nominee candidate will be employed (NOC: O, A, B) ♣The current demand and outlook for the occupation *The wage level for the position ♣The nominee candidate's qualifications and experience The offer of employment#32Is BC PNP for you? PNP is not for everyone Is not an alternative to hiring Temporary Foreign Workers, i.e. Service Canada's LMO's, working holiday visas, work exchange programs PNP is for employers who want: ♣ an alternative to Federal "Skilled Worker" application ♣ to bring in foreign workers on a permanent basis ♣ to keep temporary foreign workers permanently ♣to hire recent international graduates#33BC PNP Advantages For Employers: + Employers select immigrants directly based on desired skill sets and other preferences Critical skill shortages addressed * Flexibility on program criteria to address ever changing labour market needs + Expedited processing of Nominees For Applicants: Not assessed on federal point system ♣ BC PNP support during visa processing * Work permit between nomination & permanent resident visa * Expedited processing for applicant and dependents Federal Processing times for Skilled Worker PR: 30% after 26 months, 50% after 52, and 70% after 64#34BC PNP - What is the Process? 1. Employer recruits foreign worker 2. Employer and candidate submit application jointly to BC PNP (4-6 weeks) BC PNP reviews submitted application for completeness BC PNP assesses application BC PNP notifies employer and candidate of the decision 3. Nominee applies to CIC for permanent resident visa. LMO exempt work permit may be issued (3-6 weeks) 4. CIC conducts medical, security and criminal background checks / issues visa (8-10 months)#35BC PNP - What is the Process? BC PNP CIC Work Permit 3-6 weeks Permanent Residence 4-6 weeks + Assess applications Nominate applicants ♣ Facilitate issuance of work permit + Processing fee of $550 ♣ Conduct medical & background checks Issue work permits ♣ Federal processing fees 8 - 10 months Issue permanent resident visas Nominee and family relocate to BC#36Thank you Canada BRITISH COLUMBIA The Best Place on Earth#37Contact Information#38Service Canada BC/Yukon Region - Foreign Worker Program Phone: English 604-687-7803 1-888-246-7712 Fax: 604-666-8920 Phone: French 604-609-7451 1-888-246-7715 Mail: Employer Services 1400-300 W. Georgia Street Vancouver, BC V6B 6G3#39Citizenship and Immigration Canada CIC Temporary Foreign Worker Units Vancouver 1148 Hornby St. Vancouver, BC V6Z 2C3 Tel: 604-666-750 Fax: 604-666-7548 E-mail: TFWU-Vancouver- [email protected] Calgary 170-220 4th Ave SE Calgary, AB T2G 4X3 Tel: 403-292-4183 Fax: 403-292-6843 E-mail: TFWU-Calgary- [email protected] Montreal 1010 St-Antoine St. W 2nd Floor Montreal, QC H2C 1B2 Tel: 514-283-1061 Fax: 514-283-1877 E-mail: CIC-QUE- [email protected] CIC Foreign Credentials Referral Office Web site www.canadacredentials.gc.ca#40Canada Border Services Agency CBSA Web site www.cbsa-asfc.gc.ca/menu-eng.html Border Information Service English 1-800-461-9999 French 1-800-959-2036#41BC Provincial Nominee Program BC Provincial Nominee Program Strategic Occupations 730-999 Canada Place Vancouver, BC V6C 3E1 Tel:604-775-2227 Fax: 604-660-4092 E-mail: [email protected] Registered Nurses & Physicians Health Match BC 200-1333 W Broadway Vancouver, BC V6H 4C6 Tel: 604-736-5920 Fax: 604-736-5963 E-mail: [email protected] Business Categories 730-999 Canada Place Vancouver, BC V6C 3E1 Tel: 604-775-2227 Fax: 604-660-4092 E-mail: [email protected]#42Ministry of the Attorney General Multiculturalism and Immigration Branch Web site www.ag.gov.bc.ca/immigration/index.htm PO Box 9213, Stn Prov Govt Victoria, BC V8W 9J1 Tel: 250-356-2099 Fax: 250-387-0271#43Ministry of Labour and Citizens' Services Employment Standards Branch Web site www.labour.gov.bc.ca/esb Employment Standards General Enquiries 1-800-663-3316#44Ministry of Economic Development Ministry of Economic Development Web site www.ecdev.gov.bc.ca/Programs And Services/IQU/index.htm International Qualifications Unit PO Box 9327, Stn Prov Govt Victoria BC V8W 9N3 Tel: 250-953-3744 Fax: 250-952-0705 Email: [email protected]#45Useful Links How to Hire a Temporary Foreign Worker: A Guidebook for Employers www.cic.gc.ca/english/resources/publications/tfw-guide.asp National Occupation Classification (NOC) www23.hrdc-drhc.gc.ca/2001/e/groups/index.shtml Job Bank For Employers http://jobbank.gc.ca/Intro_en.aspx Labour Market Information www.labourmarketinformation.ca Employment Standards www.labour.gov.bc.ca/esb