Author: Kranc Associates

Generally speaking, anyone physically in Canada on ordinary visitor status cannot ‘convert’ that status to worker status from within the country. They can only seek a work permit either:

• In the case of someone not requiring a visa, by exiting and re-entering the country, as the case can be adjudicated upon arrival, or
• In the case of someone from a visa-requiring country, by applying through the outside-Canada online process.

Immigration Canada has now announced that under temporary COVID conditions, visitors in Canada may seek an employer-specific work permit through the inland online application process. This has been done in recognition of the fact that many visitors are simply unable to leave – but must non-the-less remain in status, and the fact that employers are in need of workers, and the ability of applicants to get to Canada is restricted.

To be eligible to utilize this program, an applicant is required to:

• Have valid status in Canada at the time of application
• Have a job offer
• Submit an application supported by an LMIA or an LMIA-exempt Offer of Employment
  • The program does not therefore change the substantive requirements to qualify for a work permit; only the procedural ones

The program is in effect for persons in Canada on or after August 24, 2020, and is currently set to remain in effect for applications received no later than March 31, 2020.

This policy expands on a prior allowance for workers in Canada seeking to work with a new employer to do so in an expedited fashion, through an online request process, prior to application adjudication. The process will be applicable here as well.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

This article written in conjunction with Russell Bennett, Cannabis Lawyer & Author of Canada’s Cannabis Act, published by LexisNexis. Russell’s law firm, Cannabis Law, is a leader in the area of Cannabis Law. Please visit: https://www.cannabislaw.ca/ for further information and contact details.

 

Drilling Down in the ‘Professionals’ Category for Work Permits

Introduction

In “Foreign Talent for Cannabis Companies, Part I”, we presented various options available to secure foreign workers to work in Canada’s cannabis industry. Since then, the world has of course changed due to COVID-19, but it is still possible to travel to Canada for work, with various caveats.

The public may hear that ‘the border is closed’, but that is actually not correct when it comes to travel for work.

Certainly there are new procedures are in place to protect people from the pandemic, but it is still possible to secure a work permit in many cases.

The U.S. border was expected to reopen for general travel on July 22, 2020, but restrictions were kept in place for another 30 days. Travel from other places is restricted, even with a valid visitor visa or electronic travel authorization; the restrictions are set out on the Government of Canada’s website.

However, temporary foreign workers are exempt from travel restrictions, depending on the country from which they come and the nature of their work. If travelling from the United States, whether or not a U.S. citizen, a temporary foreign worker can still apply for a work permit on arrival, as before, although it will be useful to stress the importance of the need to work in Canada.

If travelling from any location other than the United States, then an online application will be needed and it will be necessary to demonstrate that the work is ‘essential’ as per the specific sectors established by Public Safety Canada. Notably, one of the essential services is manufacturing.

Please note that separate from the immigration issues, all persons – even Canadian citizens – must quarantine for 14 days on arrival, unless they are in an essential service.

With all this in mind, here is some information that may be of value to companies in the cannabis industry seeking foreign workers, and to the foreign workers they seek to employ.

Our prior article provided an overview of categories applicable to foreign workers seeking to work in the cannabis industry. Among the strategies are intra-company transfers, reciprocal benefit applications, significant benefit applications and various ‘professionals’ provisions, depending on the country of origin.

All these categories provide for work permits on the basis of an exemption from a Labour Market Impact Assessment (‘LMIA’). An LMIA is a procedure which typically requires recruitment and takes time, effort and higher cost. As such, we are almost invariably seeking to avoid LMIAs, unless unavoidable. While beyond the scope of this article, there are some versions of LMIAs that are streamlined, and that may be of value in some cases.

Today, we will to drill down a little further into one of those LMIA-exempt categories, namely, the professionals.

Primary ‘Professionals’ Considerations

When it comes to securing work permits for foreign professionals in Canada (which in some cases will include technicians), there are two initial primary issues:

1. Country of Origin: what country is the prospective foreign worker from?
2. Credentials: what are the professional’s credentials and how do they match with the requirements of the relevant treaty?

 

1. Country of Origin

‘Professionals’ categories exist only in the context of bilateral or multilateral free trade agreements or other international instruments. There is no actual ‘professionals’ category under the general law; there are only professionals if a treaty with another country allows for them. Different treaties have different considerations. Also, treaties may have other provisions like intra-company transfers, but today, we are focusing only on the ‘professionals’ category within treaties/free trade agreements.

The free trade agreements with Canada that currently provide for professional work permits from other countries are:

• Canada-United States-Mexico Agreement (CUSMA; formerly NAFTA) – applicable to citizens of the United States and Mexico. (Please note that while the new agreement is now in force, the immigration provisions remain essentially unchanged from NAFTA.)
• Canada-Chile Free Trade Agreement (CCFTA) – applicable to citizens of Chile.
• Canada-Peru Free Trade Agreement (CPFTA) – applicable to citizens of Peru.
• Canada-South Korea Free Trade Agreement (CSKFTA) – applicable to citizens of South Korea.
• Canada-Colombia Free Trade Agreement (CCoFTA) – applicable to citizens of Colombia.
• Comprehensive Economic and Trade Agreement (or Canada-European Union Trade Agreement) (CETA) – applicable to citizens of European Union countries.
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) – applicable to citizens of: Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam.
• General Agreement in Trade and Services (GATS) – a sister instrument to the better-known GATT – General Agreement on Tariffs and Trade, applicable to citizens of some 164 countries (members of the World Trade Organization), including (as a small sample): Argentina, China, Greece, India, South Africa, Russian Federation, and the United Kingdom (whose citizens will not qualify for CETA work permits after December 31, 2020). A full listing of member countries can be found here.

If a country is a party to both a multilateral instrument (e.g. CPTPP or GATS) and a free trade agreement, either may be used.

Depending on the treaty, there are three concepts for professional-type work permits: 1. a positive list, 2. a negative list and 3. contractors/independent service providers. Some may use more than one of the concepts.

1. Positive Professionals Lists. In some cases, the treaty specifically names the occupations that qualify for work permits, such as:

• CUSMA — Some 60 professions. A full list can be found here. Among those listed are:
  • Accountant
  • Computer Systems Analyst
  • Management Consultant
  • Scientists, including Plant Pathologists, Chemists and Horticulturalists and related Scientific Technicians
• CCFTA — The list is similar to CUSMA (as the treaty is based on NAFTA/CUSMA), but there are differences, and it is important not to take the similarities for granted.
• CPFTA — Though there is a negative list for professionals, there is a positive list for technicians. These include:
  • Various Engineering Technicians
  • Chefs
  • Computer and IST Technicians
• CCoFTA — Similar to CPFTA
• CSKFTA — There is a list of professions, but they are under an independent professional/contractual service provider categorization. (See “Independent Professionals/Contractual Service Providers” below)
• GATS — GATS has a limited number of professionals, which include:
  • Senior Computer Specialists
  • Engineers
  • Agrologists

2. Negative lists. In some cases, there is a list of professionals who cannot qualify for work permits; those not listed would be able to seek a work permit. This would apply to:

• CPFTA — Excluded professions include:
  • All Health, Education, and Social Services and related occupations
  • Manufacturing Managers
  • Judges and Lawyers
• CCoFTA — Similar to CPFTA

3. Independent Professionals/Contractual Service Providers. In some cases, there is no list of professionals – positive or negative. Rather, professionals, and in some cases, technicians, at a certain occupational/educational level can work in Canada, based on criteria to be further discussed below. This would apply to:

• CETA — Requires university level education. A Service Provider applicant must have been with EU entity for at least one year and have at least three years’ experience in the relevant field. An independent applicant will be self-employed and have at least six years of experience in the relevant field.
• CSKFTA — This treaty has a ‘professionals’ list and an ‘independent professionals/service providers’ hybrid list. Although the treaty indicates that certain independent professionals and service providers can apply based on educational level, it then lists specific occupations within each of those classifications.
  • For independent professionals, occupations include:
    • Architect
    • Engineer
    • Veterinarian
  • For contractual service providers, occupations include:
    • Accountant
    • Biologist
    • Plant Pathologist
  • CPTPP — Similar to CETA, CPTPP is expanded to include technicians as well.

 

1. Credentials

The knowledge of country of origin and general occupational considerations must be juxtaposed with an assessment of the person’s credentials, and how they jive with the treaty in question.

When it comes to assessing credentials and matching them to the treaties’ requirements, consideration must be given to the occupation’s 4 digit ‘National Occupational Classification’ or NOC. The NOC is divided into a grid with columns for occupational sectors, and rows for occupational level. It is the NOC that determines the level of job within a sector.

Sectors include business, natural and applied sciences, health occupations and occupations in education, law and social, community and government services. But in each sector, the NOC levels remain consistent.

There are five levels of each NOC within each sector:

• NOC 0: Managerial level occupations
• NOC A: Professional occupations (usually requiring a university degree)
• NOC B: Technical Occupations and Skilled Trades (usually requiring a college diploma or apprenticeship training)
• NOC C: Intermediate occupations (usually requiring a secondary education)
• NOC D: Labour occupations (on the job training)

Given the NOC breakdowns, when we speak of professionals, they will generally be at the NOC A level, and sometimes, for a more senior person, at the NOC O level. When we speak of technicians, they will generally be at the NOC B level. As such, it is crucial for any prospective applicant (as well as his/her employer) to determine (a) what the appropriate NOC is based on the person’s background, and (b) whether that NOC is acceptable for the purposes of the specific ‘professionals’ provision which is being sought to be utilized.

Each NOC description can be found here.

It is imperative to ensure that the applicant’s credentials substantially match the requirements of the NOC being sought to be used. No matter what the title of the job is, it is the substance of the NOC description that determines relevance.

1. Other Factors to Consider

In addition to all the considerations discussed above, there are other factors to consider when seeking to hire a foreign worker under a professionals category. Here are a few examples of the types of issues that arise:

• GATS professional work permits are valid for a maximum of three months in any twelve-month period. So, you may be able to get your ‘computer specialist’ to Canada, but only for three months. This often begs the question: Is it even worth pursuing? There are two answers:
  1. Maybe you only need three months, in which case, of course, it is worth pursuing, and
  2. The value of the GATS professional work permit may be a bridging of time while a Labour Market Impact Assessment (‘LMIA’) is sought in the background. If that can be secured, then the foreign worker can essentially be ‘transitioned’ to an LMIA based work permit seamlessly.
• CETA professional work permits are also time limited for 12 months in a 24-month period (with discretionary extensions). But in some cases, this may be enough for a transition to permanent residence, and in any event, the same logic as with GATS professional work permits may apply.
• Where there is a choice between applying for a professional-based work permit and another type of work permit (e.g. intra-company transfer, ‘ICT’), and depending on the time or other limitations of the particular ‘professionals’ category, it is important to recognize that transferring to another employer on a professional work permit may be easier than an ICT.
• There are differences vis-à-vis professional accreditation under different treaties. For instance, NAFTA professionals do not need to obtain licences or letters of no objection from provincial licencing authorities; dissimilarly, GATS professionals require letters of no objection.
• Though the regulations/guidelines/etc. relating to professionals categories usually speaks of ‘employment’ in Canada, that usually does not have to be a standard employer-employee relationship. Quite often, the applicant is on a contract or is the employee of a company that has a contract with a Canadian company. In the process of filing for a work permit, the Canadian company sponsoring the application must file an Offer of Employment, and is referred to as the employer. Many Canadian entities are reluctant to file this offer since they do not see themselves as the actual employer. However, in reality, the Canadian entity is more like a ‘beneficiary’. As such, the Canadian entity should be filing the offer, even if it is not directly paying the employee. The fact that the Canadian entity is not paying the employee directly can be explained in the filing process.
• Depending on the instrument, there are issues of the wage that a foreign worker is entitled to, typically classified as ‘median wage’.

Summary

Companies directly or indirectly involved with the cannabis industry can make good use of LMIA exemptions that allow professionals/technicians from certain countries to work in Canada. Caution must be exercised though, as there are many nuanced issues, some of which appear above. But if you wish to seek a foreign worker from any country with which Canada has a treaty, then consider the available ‘professionals’ categories.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

 

The Canadian government has again extended COVID-related restrictions on entry to Canada from the United States. The restrictions are now set to be in place until September 21, 2020. This move has been made in conjunction with U.S. authorities, though it is possible that the nature of restrictions in the future may differ between the U.S. and Canada.

As has been the case until this time, the rules restrict entry for discretionary travel. There are however various exceptions, including exceptions for work. Certainly, there are still caveats and issues even for work-related travel, however, it is still possible to enter Canada for work. Note that the ability to enter, and the requirements for quarantine are separate; everyone (including Canadian citizens) must quarantine for 14 days upon entry, but those in essential sectors (e.g. food, medicine, etc.) may be exempted.

As of this time, parallel restrictions remain in place for travel to Canada from source countries other than the United States. Though travel for discretionary purposes in this regard is also restricted, travel for work requires an online application and authorization to travel. The non-U.S. restrictions are set to conclude on August 31, however, it is certainly not beyond the realm of possibility that those restrictions may be extended as well.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

As readers of ImmPulse™ will know, it is still possible to enter Canada while COVID measures are in place – as long as you are entering for a permitted purpose, and complying with COVID requirements.

Permitted purposes include various work scenarios, and COVID requirements relate primarily to the need to quarantine for 14 days unless exempted as being for an essential service.

Note, however, that upon entry, there will be scrutiny of the issues – both in terms of the right to enter, as well as in terms of satisfying the quarantine or other COVID requirements. This scrutiny at the port of entry can take time, and is certainly cumbersome. Certainly further, no one wants to face a problem or denial of entry, after having made the arrangements to travel to Canada in these difficult times.

In an attempt to ease the concerns of travelers, and expedite port of entry processing, the government of Canada has introduced the ‘ArriveCAN’ app. It is available for iOS, Android, and web format. Travelers can input information through the app within 48 hours before arriving in Canada, so the information will be on record, and ready to be processed, expediting entry on arrival.

The app also facilitates provision of voluntary quarantine compliance information. Given that immigration authorities are vigorously auditing COVID compliance, this may be valuable in substantiating such compliance, benefiting both employers and employees in the event of audit.

Using this app may be of great benefit to those coming to work in Canada.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

As expected, Canadian immigration authorities have now extended the discretionary travel ban from locations other than the United States to August 31, 2020. This follows the recent extension of the discretionary travel ban from the United States to August 21, 2020.

Note that the ban relates to ‘discretionary’ or ‘optional’ travel, such as recreation and tourism. There are, however, exceptions for some travel.

Exceptions that allow travel to Canada at this time include travel for matters of ‘national interest’, certain family visits of greater than 14 days, and travel by accredited officials.

Most notably, travel for work is permitted in various circumstances. For visa-exempt foreign nationals entering Canada from the United States (not only U.S. citizens), work permits can still be sought essentially as they were pre-COVID. (That being said, information should be provided to stress the importance of the work in Canada). For those seeking work permits from any country other than the United States, an application must be online, and only those relating to work in ‘essential services’ will be processed, based on procedures in place. Essential services are defined to include work in sectors including health, food, transportation, utilities, manufacturing and others.

Note further that the ability to travel to Canada is separate from the requirements for those entering in terms of quarantine and other COVID-related precautions. The quarantine requirements apply to everyone entering (including Canadian citizens), except those in essential services.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Background

Temporary residents in Canada generally fall into three categories: Workers, Students, or ‘Ordinary’ Visitors (though this might include, e.g., business visitors, etc.). For our purposes, we will be looking primarily at workers.

When a person arrives in Canada under temporary status, their time allowed in Canada is limited to a certain period. In the case of a worker, their work permit will indicate an expiry date. If they wish to remain in Canada beyond that period, they need to apply for an extension of their status before their valid status expires. Besides the technical issues of how and when to extend, anyone seeking to remain in Canada beyond a previously-issued expiry date must show the substantive legal justification for the application.

[Note that status is different than a visa. A visa allows a person to travel to Canada. Status is what a person gets once they are admitted. Applying for a new visa will not impact status.]

‘Implied Status’

If a person applies for their extension before their current status expires, they will have ‘implied status’ – meaning that even if their new document does not arrive before the current one expires, they can continue in their current status, and in the case of a worker, continue working.

Restoration (as distinguished from Implied Status)

However, if a person allows their status to lapse, then in order to get back into status, they will need to apply for ‘Restoration’. Until now, the period during which one could apply for Restoration was 90 days after the expiry of status. Note that during this period, unlike implied status, the worker could not continue to work, until such time as a new work permit was received. Note as well that there is an additional cost to a Restoration application.

What’s Changed (re Restoration)

The government has now announced that, in light of the COVID situation, anyone whose status expired after January 30, 2020, will now be able to seek Restoration up until December 31, 2020.

Further, the government has also indicated that those seeking Restoration can work during the application period, if:

• They have a job offer,
• The job offer is supported by an LMIA or an LMIA-exempt offer of employment, and
• They notify IRCC of their job offer through the new process created for this purpose (which should be processed in an expedited fashion)

It would seem that this is a temporary measure which will be repealed after the COVID situation eases, but for now, workers (and others) physically in Canada, should be aware of the foregoing, and take advantage of the provisions if applicable and possible.

Failure to Restore

Though the government pronouncement is silent on the issue, it would seem that someone who fails to restore their status remains out of status, and is still therefore subject to immigration consequences including removal. As such, anyone who finds themselves without status at this moment should take action to correct the situation as quickly as possible. Further, employers who employ or seek to employ people without status (or currently with another employer) should be aware of this provision to allow them to engage employees appropriately.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Canada’s New Free Trade Agreement with the United States and Mexico

As readers will be aware, Canada, the United States, and Mexico have recently renegotiated the North American Free Trade Agreement (NAFTA). The new free trade agreement between the countries is now known in Canada as ‘CUSMA’ – the Canada-United States-Mexico Agreement. Unfortunately, the new agreement is known by a different name in each country. Though it is CUSMA in Canada, it is the United States-Mexico-Canada Agreement (USMCA) in the United States, and the Tratado entre México, Estados Unidos y Canadá (T-MEC) in Mexico. Hopefully, this will not cause confusion, but it is the reality that the same agreement will have a different name in each party country.

CUSMA and Canadian Immigration

CUSMA of course has many provisions relating to free trade between the parties, but in terms of Canadian immigration, really, the terms of the agreement remain unchanged from NAFTA. Presumably this is true in the other countries as well, but certainly in Canada, workers and business visitors seeking to utilize the benefits of NAFTA for temporary entry may continue to do so as they did before. (This is of course subject to current COVID-related provisions, but it is important to note that workers travelling to Canada from the United States may continue to do so. Workers from Mexico may also be able to utilize CUSMA, but during COVID times, they need to make online applications before seeking to travel to Canada.)

Effective Date/Impact on Immigration Strategies

The new agreement came into effect on July 1, 2020. But, and again, given that the immigration provisions remain the same as those in NAFTA, there should be no real impact on any specific immigration planning or strategy.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Visa Application Centres (VACs) are intake centres which assist Canadian migration offices process various types of immigration applications, and for our purposes, work permits. Though services may vary from office to office, VACs assist with, among other matters, the collection of biometrics (fingerprints and photographs), which are important factors in work permit applications.

At the onset of the COVID pandemic, all VACs around the world closed. This meant, firstly, that work permit applications needing biometrics, already in process, were put on hold. In this regard, Immigration Canada extended the time for provision of biometrics.

But in addition, COVID-related regulations also meant that people from places outside the United States who could ordinarily seek a work permit at the port of entry, now needed to apply online – and this would trigger the need for biometrics (which would otherwise be done on arrival). This is in addition to those who need a visa, who in all cases needed to apply online. Though some accommodation was later made available in this regard for a limited group (in certain essential services – who could apply on arrival), this created a situation where an application for a work permit could become meaningless in some cases, since biometrics could not be completed.

Now, some VACs are starting to reopen. The list of VACs that are now open can be found at https://bit.ly/384LqA7. Processing of all types of applications is still of course slower than usual, but with this breakthrough, the logjam may begin to clear itself – at least to some degree. Employers and employees facing this issue should consult the web site noted to see if there is an open VAC in the relevant area for them.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

Further to any previous information we have provided, and given the never-ending fluidity of rules and regulations that the COVID situation has on corporate immigration issues in Canada, we wish to provide a quick summary and advise of recent developments. [We caution, as with prior updates, that given the ongoing fluidity, that notwithstanding government pronouncements, some government offices and officers (and even airline officials) can sometimes change the reality on the ground.] Please note that this roundup deals essentially with business/corporate immigration issues only, though there are certainly issues which impact other aspects of immigration as well.

A. Self-Quarantine on Arrival

It would seem that there is some confusion about immigration issues/requirements vs. health-related regulations. The rules around what a person entering Canada must do are rules that impact anyone entering – they are not immigration rules per se. Immigration law concerns itself with who may seek entry into Canada, and for what purpose. Rules surrounding self-quarantine requirements relate to health regulations impacting everyone. This is of course a great oversimplification, but the point to be made is that the quarantine rules are not related to who may enter Canada; to note, even Canadian citizens would need to follow these rules upon entering Canada at this time.

The basic rule is that anyone entering Canada at this time must self-isolate for 14 days. If the person is symptomatic, further requirements are in place. Details in this regard can be found at https://bit.ly/37L48fR.

There are exceptions however (but not based on immigration status). Notably, those involved in essential services do not need to meet the self-isolation requirements, such as those involved in medical services or food delivery.

B. Non-discretionary Travel to Canada

There is also some confusion specifically related to immigration issues about who may seek entry to Canada. The government has indicated that ‘non-discretionary’ entry is permitted. But the division between discretionary and non-discretionary is not always clear (and often officer dependent). It is clear that entry for purposes such as tourism and recreation are forbidden. It seems, however, subject to the further details below, that travel to Canada for the purposes of work, is permitted. Further, the work does not need to be ‘essential’ as defined for the purposes of self-isolation. It is simply that it is work, and as such, something beyond simple tourism or recreation.

Note that though arguably ‘business visitation’ is work without a permit (rather than just not being work), government pronouncements indicate that entry under Regulation 186 relating to business visitation are not permitted at this time.

B.i. Entry for Work from the United States

For people entering Canada from the United States (even if not U.S. citizens or permanent residents) for the purpose of work, the continue to be entitled to do so. That being said, it remains important for applicants to show that their work is ‘essential’ at least in the sense of being important/crucial somehow. For some officers, this is a pivotal issue. We again note that the quarantine issues above will still apply, and documentation supporting compliance with same should be prepared in addition to any materials otherwise ordinarily prepared.

The travel restrictions in this regard are currently set to expire on July 21.

B.ii. Entry for Work from countries other than the United States

For people entering Canada from anywhere other than the United States, they may also do so for the purposes of work, however, they now need to make application online through a visa post, even if they ordinarily would have been able to do so upon arrival at a Port of Entry. All other issues re work permits generally, and those otherwise noted in the previous section, are applicable here.

The travel restrictions in this regard are currently set to expire on June 30.

C. Supplementary Issues

There are other issues that impact the processing of work permits at this time, which though outside the scope of the substantive issues above, are non-the-less important, and are now canvassed.

C.i. Biometrics

Most offices processing biometrics remain closed. This means that in practice, many people who could proceed with work permit applications are held up due to this fact. Immigration Canada, in recognition of the issue, is not terminating applications where biometrics remain outstanding beyond the initial period allowed for doing so.

The government has made exceptions for people working as truck drivers, or in the health-care, agriculture, or agri-food sectors, who will be able to do their biometrics on arrival.

C.ii. Medical Exams

Those requiring medical exams must still carry them out. Similar to the biometrics issue, some panel physicians’ offices may be closed. Applications will not be terminated for this reason.

C.iii. Accompanying Dependents

Immigration Canada will now grant visas to spouses and children coming to accompany a foreign worker in Canada. There must be evidence of the intent to reside with the foreign worker in Canada – not just a fleeting visit.

We will continue to ensure that our readers are updated with relevant news, and trust that the information above is of value in summarizing the situation as of this time.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.

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.