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The federal government's recent decision to close the visa
and immigration sections of various Canadian Embassies, High
Commissions and Consulates including those in Tokyo, Berlin and
Buffalo, may have a dramatic effect on processing times for
Japanese, German, U.S. and other foreign nationals seeking a work
permit in Canada.
Processing formerly done at the Canadian Embassy in Tokyo will
now take place at the Embassy in Manila. Processing which
previously occurred in Berlin will now be handled out of the
Embassy in Vienna. Work permit applications that were submitted in
Buffalo are now to be submitted at the Consulates in New York or
Los Angeles, depending on the applicant's residence. Some
additional delay should be expected.
However, it is important to know that Japanese, German and U.S.
citizens are exempt from the requirement of having a visa to enter
Canada. As well as citizens of other visa exempt countries, they
are able to apply for their work permits at any port of entry into
Canada, including an international airport, pursuant to R198 of the
Immigration and Refugee Protection Act Regulations. A list of visa
exempt and visa required countries can be found at Citizenship and
Immigration Canada's website www.cic.gc.ca .
In order to gain admission at a port of entry it is important
that the foreign worker have in his/her possession the documents
necessary to enable the examining officer to determine the
worker's eligibility for a work permit. Normally a labour
market opinion (LMO) issued by Human Resources and
Skills Development Canada (HRSDC) is a
pre-condition to obtaining a work permit. However, there are
several LMO exemptions including intra-company transferees (with at
least one year of service in the organization) with specialized
knowledge or who are employed at a senior managerial or executive
level, as well as professionals under the North American Free Trade
Agreement (NAFTA).
Assuming the foreign worker is visa exempt and not otherwise
criminally or medically inadmissible, we recommend the worker have
the following documents in his/her possession when applying for a
work permit at the port of entry:
a valid passport
a labour market opinion issued by HRSDC (if the position is not
LMO exempt)
an employer support letter detailing the employer's
business, history, relationship to the foreign worker's
employer abroad, a detailed description of the position in Canada
and the worker's qualifications and job history
any other background documents needed to support the
application, such as a resume and copies of degrees or diplomas, in
the case of a NAFTA professional for example
a Use of a Representative form (IMM 5476) if the foreign worker
has the assistance of a representative, such as an immigration
lawyer.
There is no work permit application form used at the port of
entry nor are photographs required. Of course processing fees
continue to apply. Family members can be dealt with in the same
fashion if accompanying the principal applicant at the initial port
of entry admission or at a later date. It should also be noted that
the spouse of a foreign worker who has obtained a work permit in a
National Occupational Classification position at skill levels O, A
or B (primarily managerial, professional, technical or skilled
trades positions) may herself/himself obtain an open work permit to
be employed in Canada if desired.
The foregoing provides only an overview. Readers are
cautioned against making any decisions based on this material
alone. Rather, a qualified lawyer should be consulted.
Given the complexities of a typical business acquisition, it is frequently the case that immigration issues slip well down the priority list for such a transaction.
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.
The CEC, woven into the framework of the IRPA in 2008, was established in a bid to retain the top talent from abroad and overcome the excessively long processing delays many applicants experience when applying for permanent residence status under the federal skilled worker program.
