One of the more challenging issues for Canadian manufacturers
has been how to get foreign service technicians into Canada on an
expedited basis when industrial machinery needing repair is no
longer under warranty or the entry is not supported by an
"after-sales" or lease agreement. In one of Citizenship
and Immigration Canada's (CIC) better recent moves, it has
expanded the labour market impact assessment (LMIA) exemption C13
to allow such technicians to more easily obtain a work permit.
Up until now, there have only been two categories of foreign
service technicians who could enter Canada "easily"
without going through the LMIA process. The first is repair
technicians conducting after-sales service of specialized equipment
or machinery purchased from outside Canada, working under the
original sales/lease or warranty agreement. A technician in this
category does not require a work permit to enter Canada to carry
out the services. However, among other criteria, the technician is
required to produce a copy of the sales/lease or warranty agreement
entered into at the time of sale or lease expressly
supporting the entry. In many cases the sales agreement and/or
purchase orders neglect to do so. This classification is also not
helpful if the equipment is out of warranty. The second category
permits "emergency repair personnel" to obtain a work
permit without the necessity of the employer first obtaining an
LMIA (the C13 exemption), but only if emergency repairs are needed
in order to "prevent disruption of employment".
Effective May 21, 2015, the LMIA-exempt category C13 has been
expanded to include repair technicians conducting work on machinery
that is no longer under warranty or governed by a sales/lease
agreement. To qualify for a work permit under this exemption:
the repair technician must have specific knowledge about the
the company that manufactured the machinery being serviced must
have no commercial presence in Canada; and
there must be evidence that Canadian jobs will be greatly
affected if the machinery is not repaired in a timely fashion .
The onus is on the foreign worker to provide evidence that the
worker meets these requirements. Such evidence may include a letter
from the home employer outlining the foreign worker's status
with the company, the purpose of the visit and evidence that the
worker has the specialized knowledge required to repair the
machinery (copies of degrees, any required professional licences or
certifications, a copy of the curriculum vitae). The admission
under this exemption is expected to be of short duration (less than
30 calendar days).
As with all LMIA exempt work permit applications, the employer
is required to (i) pay a $230 employer compliance fee, and (ii)
complete and submit the Offer of Employment to a Foreign
National Exempt from a Labour Market Impact Assessment form
(IMM 5802) before the worker can apply for a work
permit. At the time of the application, the foreign worker will
also be required to pay a $155 processing fee. The application can
be made at any port of entry provided the technician is a citizen
of a visa exempt country.
The foregoing provides only an overview and does not
constitute legal advice. Readers are cautioned against making any
decisions based on this material alone. Rather, specific legal
advice should be obtained.
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.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
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.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
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