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Winds of change keep blowing on Canadian immigration lands. The
federal government has recently taken several steps to rationalize
and centralize its operations. Here are some of the latest changes
announced in May and June 2012, of interest to companies employing
foreign workers in Canada:
Restructuring of the visa office network: This
includes the closure of the Canadian Consulate in Buffalo, New
York. It has been a major processing center for applications for
visas, work permits, student permits and permanent residence
status. Permanent residence applications are now sent to the Case
Processing Pilot Office in Ottawa ("CPP-O"). Resident
visa processing is now shared between other Canadian Consulates in
the United States (New York, Los Angeles, Detroit and Seattle).
Only two visa offices (New York and Los Angeles) will deal with all
new study and work permit applications originating in the USA.
Washington, D.C. will process applications for temporary resident
permits, and rehabilitation applications to overcome
inadmissibility based on health or criminal grounds. Another
significant change allows holders of a work permit who reside in
Canada but are from visa-required countries, to apply for their new
visa by mail or courier at the CPP-O. They will no longer have to
deal with a visa office outside of Canada.
Centralization of Temporary Foreign Worker Units in
Toronto, Ontario and Montreal. Effective July 1, 2012, the
units at Vancouver, Calgary and Moncton are closing. Requests from
employers for Labour Market Opinion exemptions will be centralized
in Montreal (for Quebec and the Maritimes) and in Toronto (for
Ontario and the center and western provinces). Time will tell how
this will impact the processing times (currently of one to two
weeks).
Labour Market exemption for work permit renewal of
Quebec Selection Certificate ("CSQ") holders currently
working in the province of Quebec: Temporary foreign
workers in Canada who need a work permit renewal can now benefit
from a Labour Market Opinion Exemption for up to two years if they
have been issued a CSQ, in the skilled worker category. This
benefit was already available for workers based in other provinces
who have been nominated for permanent residence under a Provincial
Nominee Program (PNP). This significant improvement facilitates the
work permit renewal process while awaiting permanent residence and
exempts the employer from going through the LMO, including
demonstrating labour shortage and local recruitment efforts.
Accelerated Labour Market Opinion Application
("A-LMO"): On April 25, 2012, Human Resources
and Skills Development Canada put in place a new program to
simplify and expedite the processing of Labour Market opinion
applications for higher-skilled positions such as management,
professional and technical occupations. This initiative is not yet
available in the province of Québec. In other provinces, a
positive A-LMO will be issued within 10 days. This is a significant
improvement compared to the standard process that may now last 3 to
4 months. This process is available when the employer meets all the
requirements and in particular:
has been issued at least one positive LMO in the previous two
years;
has a clean compliance record with the Temporary Foreign Worker
Program within the last two years;
has agreed to participate in a post A-LMO compliance
review;
has not been the subject of an investigation, infraction or a
serious complaint, and does not have any unresolved violations or
contraventions under provincial employment or recruitment
laws;
has met all the standard criteria for LMO approval (such as
acceptable wages and working conditions, advertisement and
recruitment efforts) and has demonstrated the positive impact of
hiring a foreigner (filling a labour shortage, transferring skills
to Canadians, creating or retaining Canadian jobs).
These are only a few examples of the numerous changes that have
occurred in the area over the last weeks or months. More changes
are to come. Employers with foreign workers in Canada should no
longer rely on well established practices or rules and should
always verify that their information is current, to avoid
unnecessary delays or negative decisions.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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As part of its Economic Action Plan 2013, the Federal Government signalled that it would be taking action in the coming months to reform the Temporary Foreign Worker Program.
On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant visa under NAFTA.
