After prior announcements that the new ‘Global Skills Strategy’ immigration initiative would be implemented on June 12, 2017, the government today provided details about the workings of the program. Certainly, as with the launch of any new program, there will be a ramp-up period both within the government and among stakeholders in the Canadian immigration system, as the nuances of the practical application of the rules evolves.
The essential aim of the program is to allow Canadian employers the ability to more readily secure certain highly-skilled foreign workers, promising a 10-business day processing time. Keeping the process nimble has always been one of the essential challenges of the Canadian immigration system, and lack of government reactiveness to current situations can hinder the ability of Canadian businesses to compete. This program is designed to ensure that Canadian employers can access necessary foreign talent in high-growth fields, while still protecting the Canadian labour market.
With today’s announcements, the government has codified the new Global Talent Stream program into two types. Further, a group of new work permit exemptions will take effect.
Category A
Under Category A of the Global Talent Stream, certain employers will be effectively recognized and pre-approved as high-growth businesses, where they can demonstrate a need for in-demand talent. This category is not limited by sector, but in order to apply, a company must be recommended to Employment and Social Development Canada (ESDC) by one of the following agencies:
- Atlantic Canada Opportunities Agency
- BC Tech Association
- Business Development Bank of Canada
- Communitech Corporation
- Council of Canadian Innovators
- Federal Economic Development Agency for Southern Ontario
- Global Affairs Canada’s Trade Commissioner Service
- ICT Manitoba (ICTAM)
- Innovation, Science and Economic Development Canada – Accelerated Growth Service
- MaRS Discovery District
- National Research Council – Industrial Research Assistance Program
- Ontario Ministry of Citizenship and Immigration
- Ontario Ministry of Economic Growth and Development
- VENN Innovation
The list of referring agencies may grow, but at this time, ESDC will have, in effect, a vetting system before it allows an employer to be eligible for the stream. After acceptance as a vetted employer, the company may then file the expedited LMIA applications the program allows. To qualify for recommendation, companies will need to show factors including the need for specialized talent, and the jobs will need to be high-paying, typically $80,000/year or more.
Category B
Under Category B of the Global Talent Stream, Employers can hire highly-skilled foreign workers to fill positions in occupations that will be found on a talent list, which may change from time to time. As of today, the list of eligible occupations, with their associated NOC codes, is:
| 0213 | Computer and information systems managers |
| 2147 | Computer engineers (except software engineers and designers) |
| 2171 | Information systems analysts and consultants |
| 2172 | Database analysts and data administrators |
| 2173 | Software engineers and designers |
| 2174 | Computer programmers and interactive media developers |
| 2175 | Web designers and developers |
| 2241 | Electrical and electronics engineering technologists and technicians |
| 2283 | Information systems testing technicians |
| 5241 | Digital Media and Design (positions requiring a minimum of five years’ industry experience and specific skills only) |
Work Permit Exemptions
In addition to the foregoing, foreign workers working in occupations found in NOC classifications 0 (management positions) or A (typically requiring a university degree), will be permitted to work in Canada for 15 days in any 6-month period, without the need for a work permit. And further still, researchers working on projects at publicly-funded degree-granting institutions or affiliated institutions will similarly not require work permits for work of up to 120 days in any 12-month period.
Summary
This is an exciting development in Canadian corporate immigration law. For now, it is a 24-month pilot program, but it would appear that this may be of great value to Canadian employers, particularly where immigration systems in other countries are becoming more restrictive. We will of course advise readers of any important developments in the program.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.