On June 9, 2014, Citizenship and Immigration Canada released a
much-anticipated update to its guidelines regarding the assessment
of work permit applications under the intra-company transferee
(ICT) category available to those who hold specialized
knowledge. Dale & Lessmann LLP is well versed with both
the outdated and updated guidelines, and can assist companies in
determining whether their employees may be considered eligible as
specialized knowledge workers under the new guidelines.
What's the same?
Under the new guidelines, applicants will have to demonstrate
that they possess both a high degree of proprietary knowledge and
advanced expertise related to the employer's product or
services and the products' or services' application in
international markets. This knowledge should be uncommon and
relate to the company's products, processes or
procedures. The language of these new guidelines is not
wildly different from previous instructions, but it is anticipated
that there will be stricter adherence to the rules' application
by the immigration officers who consider ICT applications.
Every employer whose foreign workers utilize the ICT work permit
category should be aware of the following two important
Specialized knowledge workers should not require training in
Canada related to the foreign worker's area of expertise.
Specialized knowledge workers must also not receive training from
other employees where this training might lead to the displacement
of Canadian workers; and
Specialized knowledge workers' salary must satisfy the
prevailing wage associated with their job duties and location of
work. Practically speaking, this will mean that applicants
must disclose their proposed salary in Canada and include evidence
to that effect when filing their applications.
It is important to note that those whose ICT applications fall
under a Free Trade Agreement, including the NAFTA, are
exempt from the new wage requirement.
What are the implications of these changes?
Employers will now have to be much more careful when opting to
use the specialized knowledge work permit category. Those who
are already working in Canada under the specialized knowledge
category may also have difficulties extending their work permits
under the new guidelines.
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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September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
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