Though the COVID situation continues to swirl and impact Canadian immigration matters, with new Immigration Department pronouncements and interpretations seemingly every day (about which we will provide an update soon), there is other important Canadian business immigration news, and we wish with this newsletter to update readers about one particular issue, namely, updated guidance for CETA applications.
The Canadian government has provided the following recent updates concerning CETA work permit matters:
- Canada will continue to issue CETA work permits to UK nationals up to December 31, 2020. Given that such work permits are valid for a maximum of one year, no such work permit will be valid beyond December 31, 2021. [This fact was previously announced, but now reconfirmed.]
- Further guidance is provided about the Offer of Employment that needs to be filed online by the ‘Employer’ in Contractual Service Provider/Independent Professional applications. The Offer is to be submitted by the Canadian entity, which is creating the need for the foreign worker.
- This may seem simple, but often causes issues, in CETA and other non-LMIA applications. Because the government uses the term ‘Employer’ (rather than, for instance, ‘Beneficiary’), many Canadian entities are reluctant to file this information, since they may not be paying the person’s salary (or otherwise responsible for aspects of a typical employment relationship). However, according to this guidance, at least in CETA cases, it should be the Canadian entity that files – even if they are not the direct ‘employers’ of the applicant in the ordinary sense.
- With regard to Contractual Service Providers/Independent Professionals, there are variations of permitted professionals exempted from LMIAs based on sector, and specific fields as designated by National Occupational Classification (NOC) codes. The guidance in this regard has been updated, and a breakdown of which professionals may qualify for consideration in either or both of the two sub-categories can be found at https://bit.ly/3fha8zC.
- There are particular updates here with regard to engineering and scientific technologists, which are under NOC B, unlike essentially all other categories, which are under either NOC 0 or A.
- The breakdown found at the noted web page also shows the concordance of the NOC with its European counterpart.
COVID has not stopped the need for foreign workers. There are of course modifications and practical issues impacting applications at this time (to be discussed in a further newsletter), but those needing to access the Canadian work permit system (employer or employee) must still be aware of substantive updates, including those exemplified above.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.