Business Immigration in Canada: overview

A Q&A guide to business immigration in Canada.

This Q&A gives an overview of the key factors affecting business immigration, including information on the jurisdiction's sources of immigration law; relevant government entities; requirements for unsponsored and sponsored immigration; requirements for sponsors; civil and criminal penalties for sponsors; common issues and concerns; dependants; settlement and citizenship; recent trends and proposals for reform.

The Q&A is part of the global guide to business immigration.

To compare answers across multiple jurisdictions, visit the Business Immigration Country Q&A tool.

The Q&A is part of the global guide to business immigration. For a full list of jurisdictional Q&As visit www.practicallaw.com/immigration-guide.

Jacqueline Bart, BartLAW Canadian Immigration
Contents

Relevant governmental entities

1. What are the relevant government entities (agencies, departments, branches, bodies, and so on) relating to immigration in your jurisdiction?

Administration

The administrative body responsible for immigration in Canada is the Immigration, Refugees and Citizenship Canada, which has the overall responsibility for immigration and refugee matters.

Employment and Social Development Canada (ESDC) and Service Canada (SC) also play an important role in the administration of immigration policy by assessing applications from employers requesting to hire temporary foreign workers and the likely impact these temporary foreign workers would have on the Canadian job market.

The Canada Border Services Agency (CBSA) is also responsible for the administration of immigration legislation at Canada's borders, including:

  • Processing applications made at a Canadian port of entry.

  • Administering the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations, SOR/2002-227 and various international agreements that govern the admissibility of people into and out of Canada.

Enforcement

The primary enforcement body is the Immigration and Refugee Board of Canada (IRB), which has the following four divisions:

  • The Immigration Division, which conducts admissibility hearings for certain categories of people believed to be inadmissible or removable from Canada under the law. It also conducts detention reviews for most people detained under the IRPA.

  • The Immigration Appeal Division, which is responsible for hearing and deciding appeals on immigration matters, such as appeals from refused sponsorship applications and from removal orders.

  • The Refugee Protection Division (RPD), which is responsible for hearing and deciding on claims for refugee protection made in Canada.

  • The Refugee Appeal Division, which considers appeals against decisions of the RPD to allow or reject claims for refugee protection.

The CBSA is also responsible for carrying out enforcement functions related to immigration and refugee matters, including detention, removals, investigations, and intelligence and immigration control functions overseas.

Legislative

Under the Canadian constitution, the federal government is responsible for immigration in Canada through the Minister of Immigration, Refugees and Citizenship. It has adopted a policy of working with provinces in certain circumstances to meet the immigration needs of each specific province, which has manifested in provincial nominee programmes across Canada (see Question 10).

The Federal Court is responsible for judicial reviews of immigration and citizenship decisions. A judicial review is not an appeal, however, the Federal Court acts as an overseer of immigration and citizenship decisions by determining whether the decisions:

  • Made by officials and the IRB are made in accordance with the law.

  • Are reasonable based on the record before the officials at the time the decision is made.

The Federal Court of Appeal hears appeals of decisions of the Federal Court on questions certified by the Federal Court. In order to be certified, a question must be both dispositive of the appeal and a question of general importance (that is, when it is an issue of broad significance and can dispose of an appeal).

There is a final level of appeal to the Supreme Court of Canada, provided that the matter is sufficiently important for leave to be granted.

Other

Not applicable.

 

Sources and conflicts of law

Sources of law

2. What are the principal sources of law relating to immigration in your jurisdiction?

Domestic statutes, rules and regulations

The primary sources of immigration law in Canada arise from the following:

  • The Immigration and Refugee Protection Act, S.C. 2001, c.27. (IRPA).

  • The Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR).

  • The Citizenship Act, R.S.C. 1985, c. C-29.

Case law

Case law from the Federal Court, the Federal Court of Appeal, and the Supreme Court of Canada is utilised to interpret the application of the IRPA and the IRPR.

International law and international treaties

Canada has an obligation to grant protection to Convention refugees and persons in need of protection under a number of United Nations conventions to which it is a signatory, including the:

  • Convention Relating to the Status of Refugees.

  • International Covenant on Civil and Political Rights.

  • Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.

These conventions inform the interpretation of the IRPA and the IRPR.

Other sources

Not applicable.

Conflicts of law

3. What potential conflicts (if any) arise between the various sources of law?

The most common area of tension in immigration law results from the vast number of cases from the Federal Court. Decisions of the Federal Court can only be appealed if a question has been certified. Therefore, there can be inconsistencies between the case law from the Federal Court, until a question can be certified to obtain a clear ruling from the Federal Court of Appeal.

 

Business immigration

Unsponsored business-related immigration

4. What are the primary options available for unsponsored work and investment in your jurisdiction?

Self-employment

Those who are seeking to engage in self-employment in Canada must demonstrate that their entry will be a financial, intellectual, cultural, skill-related or service-related benefit to Canada, which will not impinge on Canadians (section 205(a), The Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR)).

The approval of a work permit is dependent on whether the applicant is seeking permanent or temporary residence in Canada. If a permanent resident applicant has satisfied the required conditions and has been selected, a work permit may be issued if there are compelling and urgent reasons to admit the person before the processing is complete. Applicants who do not intend to reside permanently in Canada may have difficulty satisfying the requirements of this category if the profits and economic spin-offs generated by the enterprise will not remain in the Canadian economy. However, there will be situations where the business or the intended period of work is genuinely temporary, such as when the applicant intends to leave Canada after starting a business, and either close the business or hire a Canadian to operate it.

Applicants can apply at visa offices or at the port of entry. However, decisions under this category are subject to a substantial lack of uniformity, due to the lack of sufficient guidance to assist decision-makers. An initial work permit can be issued for a maximum of two years and there is no limit on the number of renewals that can be obtained.

Long-term self-employed applicants should be able to provide evidence demonstrating:

  • The registration of their business as a legal entity in Canada.

  • That the profits of the business remain predominantly in Canada or other significant benefits have accrued to Canada.

  • That all appropriate federal, provincial/territorial, and local tax returns have been filed.

  • That they will leave Canada at the end of the period authorised for their stay.

Entrepreneurs

Entrepreneurs must apply for a work permit in the same manner as self-employed persons. However, in order to be considered an entrepreneur, the applicant should generally control at least 50% of the business under which the application is being made. Where control is less than 50%, the foreign worker is encouraged to obtain a labour market impact assessment (LMIA) as an employee of the business (see Question 5).

Investors

Investors seeking to enter Canada temporarily must qualify under the terms of an international agreement, such as the:

  • North America Free Trade Agreement (NAFTA).

  • Canada-Chile Free Trade Agreement (Chile FTA).

  • Canada-Colombia Free Trade Agreement (Colombia FTA).

  • Canada-Peru Free Trade Agreement (Peru FTA).

  • Canada-Korea Free Trade Agreement (Korea FTA).

Most free trade agreements facilitate the entrance of investors in a manner similar to NAFTA. Under NAFTA, an investor applicant must meet the following criteria:

  • The enterprise has American or Mexican nationality.

  • A substantial investment has been or is being made.

  • The applicant seeks entry into Canada solely to develop and direct the enterprise.

  • If the applicant is an employee, the position is executive or supervisory or involves essential skills.

  • Compliance with existing immigration measures applicable to temporary entry.

Investor applicants must apply at a Canadian Embassy or Consulate, or inland if they are already in Canada. Work permits are issued for one year, renewable for two-year periods. However, the investor category is intended to be temporary in nature. As a result, indefinite extensions will be more difficult to obtain, as the temporary nature of the foreign national's entry will be in question.

Investors can also qualify for a work permit as a provincial nominee (see Question 10) or under the significant benefit LMIA-exempt category (see Question 5).

Business visitors

Business visitors to Canada do not require a work permit in order to engage in business visitor activities. Section 187(3) of the IRPR provides the general criteria that must be met for entry, and section 187(2) includes illustrative examples.

In order to qualify as a business visitor the following conditions must be met (sections 187(1) and (3), IRPR):

  • The foreign worker must not intend to enter the labour market in Canada.

  • The activity of the foreign worker must be international in scope.

  • The primary source of the worker's remuneration, the principal place of the worker's employer and the accrual of profits of the worker's employer must also be outside Canada.

After-sales service

All business visitors coming in to do after-sales service for work periods of longer than two days must be documented on a Visitor Record. After-sales services include:

  • Repairing and servicing, supervising installers and setting up and testing commercial or industrial equipment (including computer software).

  • Repairing or servicing specialised equipment purchased or leased outside Canada (provided the service is being performed as part of the original or extended sales agreement, lease agreement, warranty or service contract).

  • Providing familiarisation or training services to prospective users or to maintenance staff of the establishment after the installation of specialised equipment purchased or leased outside Canada.

  • Situations in which companies purchase computer-controlled specialised equipment or machinery, and the equipment manufacturer subsequently upgrades the software to enhance the hardware previously sold and then sells this upgraded software to the customer.

Hands-on building and construction work are prohibited activities under this exemption.

Buyers

Buyers must be a representative of a business carrying on activities outside Canada or of a foreign government, entering Canada to purchase Canadian goods or services for that business or foreign government.

Sellers

Sellers must be the representative of a business carrying on activities outside Canada or of a foreign government coming into Canada for the purpose of selling goods or services for that business or foreign government, where that representative will not be engaged in making sales to the general public.

Trainees and trainers with a Canadian office of a multinational corporation

Business visitors also include those training or installing equipment for a branch or subsidiary company in Canada. The same prohibition against hands-on building and construction work as for after-sales service applies. The applicant must maintain their position in their home branch and except expenses, must not be paid by the Canadian branch. This provision may also apply to a trainer or specialised installer under an after-sales contract by the foreign branch, as long as the service is provided company-wide and not just for the Canadian office.

Supervisors

This provisions includes individuals supervising the:

  • Installation of specialised machinery purchased or leased outside of Canada.

  • Dismantling of equipment or machinery purchased in Canada for relocation outside of Canada.

As a general rule, one supervisor would normally be expected to supervise between five and ten installers or other workers.

Members of a Board of Directors

A member of a board of directors who is entering Canada to attend a board meeting is also considered a business visitor. Although a member of a board of directors is normally remunerated, this will not be considered as a real entry into the labour market in Canada.

Employees of short-term temporary residents

The full-time employee of a short-term temporary resident entering Canada, such as a personal assistant or a nanny, would generally qualify to enter as a business visitor. However, the short-term temporary resident should generally remain in Canada for less than six months. After that time, the personal employee may be required to seek a work permit and a labour market impact assessment to continue working.

Employees of foreign companies contracting Canadian companies

Where foreign companies hire Canadian companies to provide services for them in foreign jurisdictions, one or more employees can enter Canada as business visitors to ensure that the Canadian company is doing the job that they are contracted to do in a manner that meets the approval of the foreign company. However, the following conditions must be satisfied:

  • The employee must remain on the foreign company's payroll.

  • The foreign company must remain the beneficiary of the employee's efforts.

  • The foreign company's principal place of business must remain outside Canada.

Sponsored business-related immigration

5. What are the options available for sponsor-based employment in your jurisdiction?

Types of sponsor-based employment visas

Sponsor-based employment visas in Canada can be obtained through a variety of categories, including:

  • Labour market impact assessment (LMIA).

  • LMIA exemption – international agreements.

  • LMIA exemption – significant social, cultural or economic benefit to Canadian citizens or permanent residents.

  • LMIA exemption – reciprocal employment.

  • Provincial nominee programmes.

LMIA. Under the Immigration and Refugee Protection Act, S.C. 2001, c.27. (IRPA), a work permit based on a positive LMIA remains the most common manner of relocating a foreign worker to Canada. If the foreign national requires a work permit, an initial examination of the case should be carried out to determine whether an LMIA-exempt category applies, which would allow the issuance of a work permit without Service Canada's (SC) intervention. If no category is applicable, the next step involves an immigration officer determining, on the basis of an opinion provided by SC, whether both the:

  • Job offer is genuine.

  • Employment of the foreign national is likely to have a neutral or positive economic effect on the labour market in Canada.

The opinion issued as a result of this process is referred to as an LMIA.

In practice, visa officers will not issue a work permit to a foreign national without an LMIA unless there is evidence that the applicant qualifies for one of the LMIA-exemptions.

The issuance of a neutral or positive LMIA is based on the following factors (section 203, Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR)):

  • Whether the employment of the foreign national is likely to result in direct job creation/retention for Canadians.

  • Whether the employment of the foreign national is likely to result in the creation/transfer of skills and knowledge for the benefit of Canadians.

  • Whether the employment of the foreign national is likely to fill a labour shortage.

  • Whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards.

  • Whether the employer has made/agreed to make reasonable efforts to hire or train Canadians.

  • Whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute.

SC continues to place primary importance on whether the employer has made a conscientious effort to hire local employees first, relying heavily on recruitment and advertising in determining whether Canadians are available to fill the position or whether there is a genuine labour shortage. In addition, employers must outline the actions that will be taken to transition from the employment of temporary foreign workers to a Canadian workforce, such as:

  • Additional recruitment efforts.

  • Additional incentives to attract Canadian citizens or permanent residents to the position.

  • Facilitating the permanent residence of the temporary foreign worker.

All occupations are subject to minimum advertisement requirements based on the National Occupation Classification system. Failure to comply with these minimum requirements will result in the application for an LMIA being denied. Minimum advertising requirements can be found on the Employment and Social Development Canada/SC website.

Once SC has addressed this issue, it will determine whether the entry of the foreign worker will result in labour-market benefits. SC requires supporting documentation demonstrating a human-resource plan for the creation of positions for Canadians and/or the training of Canadians as a result of the foreign worker's entry. SC will further review the salary being offered to the prospective employee in order to determine whether it is consistent with the industry norm. If the foreign worker is found to be cheap labour, SC will not issue an LMIA.

Another important consideration in the issuance of an LMIA is the genuineness of the job offer, which will be assessed under the following criteria (section 200(5), IRPR):

  • Whether the job offer is made by an employer who is ''actively engaged'' in the business (that is, carrying on the business).

  • Whether the job offer is consistent with the reasonable employment needs of the employer.

  • Whether the employer is reasonably able to fulfil the terms of the offer.

  • Whether the employer or recruiter has in the past complied with federal, provincial and territorial laws, which regulate employment or recruitment in the province where the foreign national will be working.

The SC will also ensure that any job offer is consistent with a federal, provincial and territorial agreement. The Immigration, Refugees and Citizenship Canada and the provinces/territories have developed annexes (accessed through the Immigration, Refugees and Citizenship Canada website) that deal with the entry of temporary foreign workers to respond to provincial/territorial labour needs. The SC will advise employers:

  • If the position for which they are seeking an LMIA is LMIA-exempt.

  • Of any applicable obligations under a federal or provincial/territorial agreement.

Finally, the SC will consider an employer's past compliance with LMIA applications (or work permits, in cases of LMIA-exempt applications), in particular assessing whether the employer has provided previously employed foreign workers with the wages, working conditions, and employment in an occupation that were substantially the same as those set out in the employer's offer of employment.

In cases where the employer was not compliant with the job offer, its failure to do so must be justified in accordance with section 200(1.1) of the IRPR. Acceptable justifications include:

  • Changes in the law or collective agreement.

  • Changes in response to economic conditions that were not directed disproportionately at foreign workers.

  • Good faith or administrative errors.

Once the SC determines that the issuance of a work permit will result in a positive or neutral impact on the Canadian labour market, it will forward an approved LMIA to the employer. The applicant must then apply separately for a work permit utilising the LMIA.

LMIA exemption – international agreements. Section 204 of the IRPA applies to persons coming to Canada to engage in work under one of the following:

  • International agreements.

  • Arrangements entered into with one or more foreign countries by the government of Canada or by or on behalf of one of the provinces.

  • Agreements entered into with a province or group of provinces by the Minister of Immigration, Refugees and Citizenship.

This exemption incorporates the following:

  • General Agreement on Trade in Services (GATS).

  • North American Free Trade Agreement (NAFTA).

  • Canada-Chile Free Trade Agreement (Chile FTA).

  • Canada-Peru Free Trade Agreement (CPFTA).

  • Canada-Colombia Free Trade Agreement (Columbia FTA).

  • Canada-Korea Free Trade Agreement (Korea FTA).

To qualify under GATS, foreign workers must be citizens and residents of a member nation and also includes a provision that allows individuals who are permanent residents, rather than citizens, to quality for admission. Currently only Australia and New Zealand are signatories to this provision.

The GATS primarily facilitates the entry of professionals in certain occupations. In order to qualify, applicants must meet the following criteria:

  • There must be a service delivery under a signed contract between a Canadian service consumer and a service provider of a World Trade Organisation member nation.

  • The professionals must possess professional qualifications in a listed occupation.

  • There must be no provision of service in the education, health-related services, or recreational, culture, and sports services sectors;

  • The professionals must possess qualifications that have been recognised, where appropriate, by the relevant professional association in Canada.

  • In the case of foreign legal consultants, urban planners and senior computer specialists, the employer in Canada must be engaged in substantive business.

  • In the case of senior computer specialists, there is a limit of ten entrants per project.

  • Entry into Canada must be for a period of 90 days.

Applications for entry may be made at a processing post outside of Canada (if a temporary resident visa is required) or at a port of entry.

NAFTA applies only to citizens of the US and Mexico who seek entry to Canada as business visitors, professionals, intra-company transferees, and traders and investors. The professional category is for persons who meet the following criteria:

  • Professional standing in their country of citizenship, in one of the enumerated professions listed in Appendix 1603.D.1 of the NAFTA.

  • Qualification to work in that profession.

  • Pre-arranged employment with a Canadian employer.

  • Professional-level services in their respective expertise.

  • They have complied with existing immigration requirements for temporary entry.

Professional work permit applications can be made at a Canadian Embassy or Consulate. US citizens can also apply at the port of entry.

For treaty trader applicants, the basic requirements are that:

  • The enterprise has American or Mexican nationality (determined by ownership).

  • Activities involve substantial trade in goods or services.

  • Trade is principally between either the US or Mexico and Canada.

  • The position is supervisory or executive, or involves essential skills. Essential-skills employees possess proven expertise and unique skills and qualifications that are vital to the effectiveness of the firm's Canadian operations.

  • They have complied with existing immigration requirements for temporary entry.

Treaty trader applicants must submit applications at a Canadian Embassy or Consulate or apply in Canada. Port-of-entry applications for work permits may not be made by treaty traders.

The Chile FTA, the CPFTA, the Columbia FTA, and the Korea FTA all contain provisions similar to the NAFTA, with some minor modifications. Each free trade agreement should be consulted to determine the exact requirements for obtaining a work permit under the agreement.

LMIA exemption – significant social, cultural or economic Benefit to Canadian citizens or permanent residents. Paragraph 205(a) of the IRPR provides an immigration or CBSA officer with the flexibility to respond to situations where neither an LMIA or a specific exemption is applicable, but the social, cultural, or economic benefits to Canada of issuing the work permit are so clear and compelling that the importance of the LMIA exemption can be overcome.

This exemption is primarily utilised to facilitate the entry of intra-company transferees. There are three categories of intra-company transferees:

  • Senior managers/executives, which

    • direct departments;

    • supervise and control the work of other managers, supervisors, and professional employees;

    • manage an essential function; and

    • can hire, fire or recommend these and other personnel actions.

  • Functional managers which manage, at a senior level, an essential function within the organisation and oversee the daily operations of that function. An ''essential function'' is one that is necessary or important to the achievement of the organisation's goals.

  • Specialised knowledge workers, which can demonstrate, on a balance of probabilities, a high degree of both proprietary knowledge and advanced expertise.

The intra-company transfer exemption applies to persons who are seeking temporary entry to work in a Canadian parent, subsidiary, branch, or affiliate of a foreign company. The foreign worker must be currently employed by the foreign company and have been employed by the foreign company in a similar full-time position for at least one year of the prior three years.

The officer must determine that the applicant's knowledge is truly specialised and not commonly held throughout the industry, specifically:

  • Abilities that are unusual and different from those generally found in the industry in which the applicant is employed, and that cannot be easily transferred to another individual in the short term.

  • The applicant's knowledge or expertise must be highly unusual both within the industry and within the host firm;

  • The applicant's knowledge or expertise must be critical to the business of the Canadian company and without it, there would be significant disruption to the business.

  • The applicant's proprietary knowledge of a particular business process or methods of operation must be unusual, not widespread across the organisation, and not likely to be available in the Canadian market.

Officers will also consider the wage that is paid to specialised knowledge worker. The wage to be paid to the specialised knowledge worker must be equal to, or greater than, the prevailing wage bracket for the occupation in the region.

This exemption also applies to emergency repair personnel (that is, persons whose services are needed in Canada to carry out emergency repairs to industrial equipment in order to prevent disruption of employment) or repair personnel for out-of-warranty equipment (that is, persons who come to Canada to repair industrial or commercial equipment that is no longer under warranty or covered by an after-sales or lease agreement). The repairs must require specialised knowledge held by the applicant. In addition, the original equipment manufacturer must have no commercial presence in Canada, and the applicant must demonstrate that Canadian jobs would be greatly affected if the equipment is not repaired in a timely fashion.

LMIA exemption – reciprocal employment. Paragraph 205(b) of the IRPR allows foreign workers to take up employment when reciprocal opportunities are provided for Canadian citizens to take temporary employment abroad. Entry under reciprocal provisions typically results in a neutral labour market impact. While there are formally recognised reciprocal programmes, this provision also allows for admission of workers in other cases where reciprocity is demonstrated by the Canadian employer or programme administrator.

Provincial nominee programmes. Work permits can be issued (based on provincial support) to foreign workers who either:

  • Have a job offer from a local provincial business in an occupation or business sector that meets local provincial needs.

  • Invest, participate in a joint venture and/or establish a business requiring their involvement.

In various provinces, provincial support of work permits is not subject to specific criteria but is determined by the province based on the perceived benefits of the foreign worker to that province. The provincial nominee programme office of the foreign worker's destination province should be contacted to determine whether provincial support may be granted.

General requirements

Applicants who require a temporary resident visa to enter Canada must submit a work permit application to a visa office outside of Canada. Applicants from visa-exempt countries can apply for their work permits at the port of entry (section 198(2)(a), IRPR). Foreign nationals in Canada can submit an application inland.

To be issued a work permit, it will be considered whether:

  • The applicant is admissible under the IRPR.

  • The applicant is a bona fide visitor.

  • The position is defined as ''work''.

  • The applicant requires an LMIA or whether an exemption applies.

  • The experience and qualification of an applicant meets the specific requirements of the position.

  • The applicant has applied to the proper visa office.

  • Medical examination is required.

  • The applicant is qualified to apply at the port-of-entry Canada Border Services Agency office.

  • A visa is required, if the application is made outside Canada.

If the documentation submitted by an applicant is insufficient, contradictory or unclear, the processing post may interview an applicant. Once an application outside of Canada is approved, the visa officer will provide an applicant with a letter of authorisation entitling the foreign worker to apply for entry at a port of entry. Applicants approved inland are issued a work permit.

Lengths of leave

LMIA. Under an LMIA, the duration of the initial work permit is dependent upon the length of time approved by SC in the LMIA.

LMIA exempt categories. Under an LMIA exemption, the duration of the initial work permit varies based on the category of exemption, specifically:

  • Under GATS, entry under the professional category may only be made for a maximum duration of three months.

  • NAFTA professional work permits may be issued for up to three years. The initial work permit for a NAFTA trader is granted for a maximum duration of one year.

  • All intra-company transferees (whether senior managers, functional managers and executives or specialised knowledge workers) may be issued an initial work permit of three years.

  • The admission of repair personnel and service technicians under the significant benefit category will typically be permitted only for a short duration of less than 30 days.

Extensions for each route

LMIA. A work permit issued under a LMIA may be renewed (for a maximum duration of four years), as long as the applicant receives a new LMIA. After this period applicants must leave Canada for a minimum of four years before re-entering Canada under an LMIA.

LMIA Exempt Categories. Extensions of work permits are dependent upon the category of exemption. There is no limit on the number of extensions that can be obtained by NAFTA professionals, provided that they continue to meet the criteria for NAFTA professionals. NAFTA traders can obtain work permit renewals in two-year increments. Intra-company transferees can obtain work permit renewals in two-year increments to a maximum of seven years in the case of senior managers, functional managers and executives, and to a maximum of five years in the case of specialised knowledge workers.

Requirements for sponsors

6. What are the requirements for becoming a sponsor of employment-based migrants and what are the role and reporting duties of sponsors?

Requirements to become a sponsor

Any active business can sponsor a temporary foreign worker, through either the:

  • Temporary Foreign Worker Programme(TFWP).

  • International Mobility Programme (IMP).

The TFWP allows employers to hire temporary foreign workers to fill temporary labour and skill shortages and requires the issuance of a positive or neutral labour market impact assessment (LMIA) (see Question 5).

The IMP allows employers to hire temporary foreign workers under any of the LMIA-exempt categories, which are based on broader economic, cultural or other competitive benefits to Canada and for reciprocal benefits that can be utilised by Canadian citizens or permanent residents (see Question 5).

Role of sponsors

TFWP. Employers of temporary foreign workers under the TFWP must:

  • Ensure that foreign nationals employed in Canada under an LMIA continue to meet the requirements under which the LMIA was issued, including the obligation to ensure that the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada. This is determined by consideration of the factors listed in section 203 of the Immigration and Refugee Protection Regulations, SOR/2002-22 (IRPR).

  • Demonstrate that they have made sufficient efforts to recruit Canadians for the position, including minimum advertising requirements and, in the case of unnamed LMIAs, continued recruitment efforts throughout the duration of the validity of the LMIA.

  • Ensure that they meet all of the conditions and requirements outlined in the LMIA application, decision letter, and annexes.

  • Maintain all records associated to their LMIA application and any other documents that demonstrate the employers' compliance with the conditions and requirements set out in the LMIA application, decision letter and annexes for a period of six years.

  • Advise Employment and Social Development Canada (ESDC)/Service Canada (SC) of any changes or errors relating to an LMIA or the temporary foreign worker.

  • Conduct regular reviews of the activities related to the employment of temporary foreign workers to ensure that they continue to uphold the conditions and requirements in the LMIA application letter, decision letter and annexes.

  • Take any action necessary to rectify errors and/or non-compliance as soon as it is discovered.

  • Comply with TFWP inspections, employer compliance reviews (ECR), or reviews under ministerial instruction.

IMP. Under the IMP, employers must:

  • Ensure that they meet all of the conditions and requirements as provided to Immigration, Refugees and Citizenship Canada (IRCC) in the employer compliance filing (ECF).

  • Maintain all records and documents that demonstrate the employers' compliance with the conditions and requirements as set out in the ECF;

  • Advise ESDC/SC of any changes or errors relating to an ECF or the temporary foreign worker.

  • Conduct regular reviews of the activities related to the employment of temporary foreign workers to ensure that they continue to uphold the conditions and requirements as set out in the ECF.

  • Take any action necessary to rectify errors and/or non-compliance as soon as it is discovered.

  • Comply with IMP inspections.

In addition to the above, all employers (regardless of the programme utilised to facilitate the entry of the temporary foreign worker) must ensure that the foreign worker is authorised to work in Canada.

All employees engaging in work (that is, an activity for which wages are paid or commission is earned or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market, and may include activities for which remuneration is not received) must have a work permit and a genuine offer of employment. The failure to demonstrate that a job offer is genuine is a sufficient basis for concluding that an employer has been non-compliant with the IRPR.

In addition, there are a number of other factors that must be considered in determining whether an employer has met the compliance requirements both the TFWP and the IMP, including:

  • Whether the foreign worker is able to perform the work.

  • Whether the work is likely to adversely affect the settlement of any labour dispute.

  • Whether the foreign national studied or worked without authorisation.

  • Whether the issuance of a work permit would be inconsistent with the terms of a federal-provincial agreement.

  • Whether the foreign national has worked in Canada for a cumulative duration of four years under an LMIA or other limitations under categories of the IMP.

  • Whether the foreign national has complied with all conditions imposed on their entry.

  • Whether the employer arranged for compensation benefits and medical coverage, as required by the province or territory.

  • Whether the employer complied with the conditions and expiry dates of the temporary foreign worker's work permit.

  • Whether the employer remained actively engaged in the business that submitted the offer of employment for as long as the temporary foreign worker is employed.

  • Whether the employer complied with all federal, provincial, and territorial employment laws, including laws about recruiting workers.

  • Whether the employer provided the temporary foreign worker with a job in the same occupation as was listed in the ECF or LMIA.

  • Whether the employer provided the temporary foreign worker with wages and working conditions that are substantially the same, but not less than, those listed in the ECF or the LMIA.

  • Whether the employer made reasonable efforts to provide a workplace that is free of physical, sexual, psychological and financial abuse.

The failure to comply with any of the above can result in:

  • The denial of work permits to employees.

  • Fines and jail terms.

  • Prohibitions from entering Canada.

  • Prohibitions from hiring temporary foreign workers.

Reporting duties of sponsors

There are no positive reporting duties on employers under the TFWP. However, generally employers must maintain documentation relating to the temporary foreign worker for a period of six years from the date of the issuance of the temporary foreign worker's work permit. In addition, employers may be subject to a random inspection at any time, or a review of the temporary foreign worker's employment under ministerial instruction if there is a possibility that public policy considerations may exist for revoking an existing LMIA or refusing to process and LMIA application. Finally, any subsequent applications for an LMIA may trigger an ECR to review compliance with past LMIAs. For penalties for non-compliance, without justification, see Question 7.

Employers who hire temporary foreign workers under the IMP are responsible for completing an ECF prior to the temporary foreign worker's application for a work permit. This filing includes all pertinent details regarding the work that the temporary foreign worker will engage in, such as:

  • The category of the LMIA-exempt application.

  • A description of how the temporary foreign worker meets the requirements of the selected category.

  • The temporary foreign worker's title in Canada;

  • The national occupation classification code for the temporary foreign worker's occupation.

  • The address of the physical location where the temporary foreign worker will be working.

  • The main duties of the position.

  • The educational requirements of the position.

  • The experience required for the position.

  • The temporary foreign worker's wage and compensation.

  • The benefits to be provided to the temporary foreign worker.

  • The details of the temporary foreign worker for which the offer of employment is made.

These filings will then be used by the IRCCC/ESDC/SC to conduct random inspections to ensure the ongoing compliance of employers with the conditions of the offer of employment provided and, in cases where non-compliance is not justified, penalties will be given (see Question 7).

Civil and criminal penalties for sponsors

7. What are the types of civil and criminal penalties that sponsors may face for non-compliance with the rules?

Civil penalties

The Immigration, Refugees and Citizenship Canada (IRCC) has recently instituted a robust set of regulations enhancing the employer compliance regulatory scheme in Canada, including a new set of penalties for employers found to be non-compliant. The Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR) sets out the circumstances under which a review of employer compliance may be carried out. The types of audits include:

  • A random inspection, for employers under both the temporary foreign worker programme (TFWP) and the international mobility programme (IMP).

  • A review under ministerial instruction, for employers under both the TFWP and the IMP.

  • Employer compliance reviews for employers under the TFWP only.

The purpose of these audits is to determine whether employers continue to comply with the terms of the hiring of the temporary foreign worker and the issuance of the LMIA and/or work permit.

Employment and Social Development Canada/Service Canada and IRCC do not require a warrant in order to commence an inspection under the IRPR. Officers have broad powers to:

  • Require employers to provide records and information.

  • Examine anything on the premises.

  • Review documents.

  • Access computers or other electronic devices.

  • Use photocopiers to copy records.

  • Interrogate staff and the employer.

  • Take photographs or make video and audio recordings.

As of 1 December 2015, any employer found non-compliant for any reason without justification could be subject to a range of penalties, including:

  • Warnings and immigration programme suspensions.

  • Administrative monetary penalties ranging from $500 to $100,000 per violation, up to a maximum of $1 million over one year, per employer.

  • A programme ban of one, two, five, or ten years, or permanent bans for the most serious violations.

  • The publication of the employer's name and address on a public website with details of the violation(s) and/or consequence(s).

  • The revocation of previously issued LMIAs.

Consequences for violations are determined based on a points system that considers a number of factors, including:

  • The type of violation.

  • The employer's compliance history.

  • The severity of non-compliance.

  • The size of the employer's business (for financial penalties only).

  • Whether the employer voluntarily disclosed information about potential non-compliance before an inspection was initiated.

Criminal penalties

In addition, both employers and employees can be held liable for the following offences under the Immigration and Refugee Protection Act, S.C. 2001, c.27 (IRPA):

  • It is an offence to contravene a provision of the act or fail to comply with a condition or obligation imposed under the act. It is also an offence to employ an unauthorised foreign national (section 124, IRPA).

  • If the employer fails to exercise due diligence in determining whether the foreign national has authorisation, employers and employees may face fines up to $50,000.00 and jail terms of two years.

  • Employers and employees can be found liable for misrepresentation if they misrepresent (directly or indirectly) or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA (section 127, IRPA). It is also an offence to counsel, aid, or abet a person to misrepresent relevant facts (section 126, IRPA). If found guilty, employers and employees could face terms of imprisonment up to five year and fines of CD$100,000.00. In addition, a finding of misrepresentation cam render an employee inadmissible to Canada, resulting in the issuance of a removal order and a bar from entering Canada for a period of five years. If this occurs as a result of misrepresentation on the part of the employer, the employee can bring employment actions against the employer as well.

Common issues or concerns for business immigration

8. What common issues or concerns may arise under business immigration in your jurisdiction?

Employer Compliance Concerns

From 1 December 2015 when the recent regulatory amendments came into effect (see Question 12) , the burden placed on employers to ensure compliance with immigration legislation is higher than ever. These regulations apply extraterritorially so employers, both inside and outside Canada, are ''deemed'' to know the law.

Currently, approximately 25% of employers of temporary foreign workers in Canada are subject to random and warrantless inspections to verify compliance with Canadian immigration law and regulations. Even the most minor findings of non-compliance can result in fees, programme bans, or even jail terms. It is essential that all employers of temporary foreign workers in Canada ensure that no changes are made to the employment of temporary foreign workers without first obtaining proper authorisation from Immigration, Refugees and Citizenship Canada.

Permanent residence for unsponsored foreign nationals

The new express entry system for submitting applications for permanent residence (see Question 10) has made it very difficult for individuals who do not have a job offer in Canada to obtain permanent residence. There are a large number of unsponsored foreign nationals, such as former students who have gained limited work experience in Canada, who qualify for permanent residence under categories such as the Canada experience class. However, these unsponsored foreign nationals are effectively unable to apply for permanent residence because the express entry rating system prevents their profiles from being selected (see Questions 10 and 11).

 

Dependants

9. What persons qualify as dependants (for example, family members)? What are the general requirements and restrictions for bringing dependants into your jurisdiction for sponsored and unsponsored business-related immigration?

Persons qualifying as dependants

Spouses and common-law partners, as well as dependent children under the age of 18 can apply for entry into Canada as a dependent of a foreign worker.

General requirements and restrictions

Unsponsored business-related immigration. Regardless of whether the principal foreign worker is sponsored or unsponsored, the regulations for obtaining documentation for dependents are the same.

If a temporary resident visa is required, an application for a dependent's visa must be submitted to the local visa office, together with the principal foreign worker's application for a work permit. If a temporary visa is not required, the application can be made at a port of entry.

A spouse or common-law partner of a foreign worker can be issued an open work permit if all of the following applies (section 205(c)(ii), IRPR):

  • The principal foreign worker is engaged in work at a level that falls within the national occupation classification skill levels 0, A, or B;

  • The principal foreign worker holds a work permit that is valid for a period of at least six months.

  • Both the spouse and the principal foreign worker physically reside in Canada.

The spousal work permit will be issued for the duration of the principal foreign worker's work permit.

Dependent children of a foreign worker are entitled to a study permit for elementary or secondary school in Canada. The spousal work permit is issued for the duration of the principal foreign worker's work permit.

Sponsored business-related immigration. See above, unsponsored business-related immigration.

 

Settlement and citizenship

10. What is the general time frame and processes for obtaining permanent residence and citizenship in your jurisdiction for sponsored and unsponsored business-related immigration?

General process and time frame for obtaining permanent residence

Unsponsored business-related immigration. The general process and time frame for unsponsored business-related immigration is as follows:

  • Immigrant Investor. Although Canada established a permanent resident programme specifically for investors, this programme is not accepting applications at this time.

  • Provincial nominee programme – investors and entrepreneurs. Investors and entrepreneurs seeking permanent residence can also qualify under provincial nominee programmes, particularly in Ontario, Quebec and British Columbia.

  • Start-up Visa Programme. The Start-up Visa Programme links immigrant entrepreneurs with experienced private sector organisations that have expertise in working with start-ups. In order to be eligible for the start-up visa programme, the following conditions must be met:

    • a letter of support from a designated angel investor group, venture capital fund, or business incubator for the applicant's business plan;

    • proof of sufficient ownership (including at least 10% of the voting rights) and the applicant and the designated organisation must jointly hold more than 50% of the voting rights in the business;

    • sufficient language proficiency in English or French; and

    • sufficient settlement funds.

Processing times for applications under the start-up visa programme are not currently available.

  • Self-Employed Persons Programme. The Self-Employed Persons Programme attracts applicants who intend and are able to become self-employed in Canada. In order to be eligible, a self-employed applicant must have relevant experience and the intention and ability to make a significant contribution to the cultural or athletic life of Canada, or experience in farm management and the intention as well as the ability to purchase and manage a farm in Canada. Applications under this programme are assessed on a points system, with the maximum possible score under this points system being 100 and the pass mark for self-employed persons being 35. Points are awarded as follows:

    • education: 25 points, maximum points awarded to those with a Master's degree or a Ph.D. and at least 17 years of full-time or full-time equivalent study;

    • experience: 35 points, with maximum points awarded for five years of relevant experience;

    • age: ten points, maximum points awarded to those between the ages of 21 and 49;

    • official language proficiency: 24 points; and

    • adaptability: six points, awarded for factors such as spouse's education, previous work in Canada, previous study in Canada, or relatives in Canada.

Processing times vary significantly based on the visa office processing the self-employed person's application.

Below are the general processes and time frames for business-related immigration that can be sponsored or unsponsored.

Express Entry. On 1 January 1 2015, Immigration, Refugees and Citizenship Canada introduced a new online system called express entry (EE), which is used to manage applications for permanent residence under three federal economic immigration programmes:

  • Federal Skilled Worker Programme;

  • Federal Skilled Trades Programme; and

  • Canadian Experience Class.

The EE system can also be utilised by the provinces and territories to recruit candidates through their provincial nominee programs to meet local labour market needs. The EE system has the following steps:

  • First, a potential candidate for one of the three federal economic immigration programs must complete an online EE profile, which includes the following information:

    • skills;

    • work experience;

    • language ability;

    • education; and

    • other details that will aid in assessment.

  • Those who meet the criteria for one of the three s, regardless of whether the applicant is sponsored or unsponsored, will be accepted into a pool of candidates. Candidates within the pool will then be ranked against other candidates using a points based system called the comprehensive ranking system, which awards points for:

    • a Canadian job offer;

    • a nomination from a province or territory;

    • skills and experience factors; and/or

    • an LMIA supporting a job offer.

  • The candidates with the highest scores will then be issued an invitation to apply (ITA) under one of the three economic s. When an ITA is received, the applicant has 60 days to submit an online application for permanent residence, where the requirements for the specific programme must be met.

Candidates will remain in the pool for up to 12 months. If they do not receive an ITA within that time, they must submit a new profile to remain eligible for an ITA. Applications submitted under the EE system (on the basis of an ITA) are generally processed within 6 months.

Federal skilled worker programme. To be eligible to apply for permanent residence under the federal skilled worker programme, an applicant must meet the following minimum requirements:

  • At least one year of continuous and paid full-time work experience in a single occupation within the last ten years in a NOC skill type 0, A or B.

  • Sufficient language proficiency/

  • A Canadian diploma, certificate or credential or a foreign educational credential and an educational credential assessment report from an approved agency.

Applications for federal skilled workers are also assessed on a points system with a maximum score of 100 and the pass mark being 67 points. Points are awarded as follows:

  • Language proficiency: 28 points.

  • Education: 25 points, maximum points awarded for a university degree at the PhD level or equal.

  • Experience: 15 points, maximum points awarded for six or more years of work experience.

  • Age: 12 points, maximum points awarded to those between the ages of 18 and 35.

  • Arranged employment: 10 points.

  • Adaptability: 10 points, awarded for factors such as spouse's language proficiency, the applicant's and spouse's previous study in Canada, applicant's and spouse's previous work in Canada, arranged employment in Canada, or relatives in Canada.

Federal skilled trades programme. In order to qualify for permanent residence under the federal skilled trades programme, applicants must:

  • Intend to reside outside of Quebec.

  • Demonstrate sufficient language proficiency.

  • Have at least two years of full-time work experience, or the equivalent part-time work, in a skilled trade occupation within the last five years, after becoming qualified to independently practice that occupation.

  • Meet the relevant employment requirements for their skilled trade occupation as set out in the NOC, except for the requirement to obtain a certificate of qualification issued by a competent provincial authority.

  • Have an offer of employment for continuous full-time work for at least one year in that occupation or hold a certificate of qualification in that skilled trade from a Canadian provincial or territorial apprenticeship authority.

A skilled trade occupation is defined as an occupation in one of the following categories of the NOC:

  • Industrial.

  • Electrical and construction trades.

  • Maintenance and equipment operation trades.

  • Supervisors and technical occupations in natural resources.

  • Agriculture and related production.

  • Processing.

  • Manufacturing and utilities supervisors and central control operators.

  • Chefs and cooks.

  • Butchers and bakers.

Canadian experience class. In order to be eligible for the Canadian experience class, the applicant must:

  • Intend to live outside the province of Quebec.

  • Have at least 12 months of full-time, or part-time equivalent, skilled work experience in Canada in the previous three years.

  • Have gained experience in Canada with the proper authorisation.

  • Have sufficient language proficiency.

Skilled work experience is defined as work experience in a NOC skill type 0, A or B occupation (managerial, professional, or technical job or skilled trade).

Provincial nominee programme. Most provinces and territories in Canada have an agreement with the Government of Canada that allows them to nominate immigrants who wish to settle in that province or territory. To immigrate as a provincial nominee, an applicant must first apply to the relevant province or territory. Criteria vary among the provinces and territories and can change without notice. The websites for each province should be consulted for the most up-to-date information on selection criteria.

If the applicant is nominated under a non-EE stream, then the applicant must apply through a paper-based process and, if the province or territory finds the applicant eligible and nominates the applicant, an application for permanent residence must then be sent to IRCC.

If the applicant is nominated under a province or territory's EE stream, then the applicant must meet the provincial or territorial requirements and meet the minimum criteria for EE, including meeting the requirements of at least one of the three covered immigration s.

General process and time frame for obtaining citizenship

Unsponsored and sponsored business-related immigration.

Regardless of how permanent residence was obtained (that is, whether the applicant was sponsored or unsponsored) the process for obtaining citizenship is the same. An individual may obtain Canadian citizenship he meets the following conditions (section 5(1), Citizenship Act):

  • Makes an application for citizenship.

  • Is 18 years of age or over.

  • Is a permanent resident of Canada.

  • Has been physically present in Canada for at least 1,460 days during the six years immediately before the date of the application.

  • Has been physically present in Canada for at least 183 days during each of the four calendar years that are fully or partially within the six years immediately before the date of his or her application;

  • Has met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of the application.

  • Intends to:

    • continue to reside in Canada; and

    • enter into or continue in employment outside of Canada in or with the Canadian armed forces, the federal public administration, or the public service of a province or reside with a spouse or common-law partner or parent who is a Canadian citizen or permanent residence and is employed outside of Canada in one of these capacities;

  • Has adequate knowledge of one of the official languages of Canada, if under 65 years of age.

  • Has adequate knowledge of Canada and the responsibilities and privileges of citizenship, if under 65 years of age.

  • Is not under a deportation order and is not the subject of a declaration by the Governor in Council made under section 20 of the Citizenship Act.

Once an application has been submitted, applicants must take a citizenship test to demonstrate their knowledge of Canada and the responsibilities and privileges of citizenship. In addition, if there are concerns regarding the nature of an applicant's residence in Canada, he may be asked to complete a residence questionnaire and provide additional evidence demonstrating his or her establishment in Canada and ties to other countries. The applicant may also be required to appear before a citizenship judge to have his or her application fully assessed.

Currently, processing times for straight-forward, routine applications are approximately 12 months. For non-routine applications, including cases where the applicant has received a residence questionnaire, failed the citizenship test, or is required to appear before a citizenship judge, processing times may take longer.

 

Present climate and future legislation

Present climate and trends

11. What are the recent trends, both political and social, that have impacted your jurisdiction with regard to immigration policy and law?

There have been two significant trends in Canada within the past few years that have resulted in significant and continuing changes in Canada's immigration system. Firstly, permanent residence categories to Canada were significantly restructured with the introduction of the express entry system. This system has created a two-tier assessment process that prevents many otherwise qualified applicants from receiving a sufficient rank under the comprehensive ranking system (CRS) to obtain an invitation to apply (see Question 10). Due to the way points are issued under the CRS, it is difficult for applicants to achieve a high enough rank to be issued an ITA in cases when they do not have a job offer supported by the labour market impact assessment system. This creates significant difficulties for international students and highly qualified skilled workers without pre-arranged employment, to obtain permanent residence in Canada.

Secondly, the Canadian government has created greater enforcement mechanisms within the temporary foreign worker and the international mobility , which came into effect on 1 December 2015. These regulations drastically increased the penalties that can be levied against non-compliant employers and created even greater liability and responsibility for employers of temporary foreign workers. There are also significant concerns regarding the extent of the fines that can be issued to employers, which appear to have a punitive nature, despite being considered ''administrative monetary penalties''.

Future legislation

12. Are there any anticipated changes in the immigration laws of your jurisdiction?

Domestic legislation

In October 2015, Canada elected Justin Trudeau as the next Prime Minister of Canada. Since he was sworn in on 4 November 2016, there have been a number of changes to Canadian immigration legislation, including:

  • Reviewing the express entry system to ensure that processing times for permanent resident applications remain low.

  • Awarding additional points under the comprehensive ranking system points system for applicants with siblings that are Canadian citizens or permanent residence.

  • Instituting changes to the Canadian experience class to increase opportunities for international students to obtain permanent residence.

  • Repealing provisions of the Citizenship Act that allow for the citizenship of some Canadian citizens to be revoked.

  • Repealing provisions of the Citizenship Act that prevent some permanent residents from obtaining Canadian citizenship.

International issues

Canada and the EU are currently negotiating the Canadian and European Union Comprehensive Economic and Trade Agreement (CETA), which will address all aspects of Canada's trading relationship with the EU, including immigration. It is anticipated that this agreement will be ratified and come into force in Canada in approximately one year.

Canada has also recently signed the Trans-Pacific Partnership (TPP) Agreement in Auckland, New Zealand on 4 February 2016. The TPP agreement is a comprehensive agreement currently comprised of 12 countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam) and including provisions for the temporary entry of business persons. It is anticipated that this agreement will be ratified and come into force in Canada in approximately two years.

 

Online resources

Government agencies

Immigration Refugees and Citizenship Canada (IRCC)

W www.cic.gc.ca

Description. IRCC provides information and resources regarding applications for temporary residence, permanent residence, and citizenship.

Canada Border Services Agency (CBSA)

W www.cbsa-asfc.gc.ca

Description. The CBSA website contains information and resources regarding documentary requirements for entering Canada, the importation of goods and other customs requirements, and the payment of duties and taxes.

Employment and Social Development Canada/Service Canada (ESDC/SC)

W www.esdc.gc.ca/en/foreign_workers/index.page

Description. The ESDC/SC provides information and resources regarding obtaining a labour market impact assessment to support the entry of temporary foreign workers.

Immigration and Refugee Board of Canada (IRB)

W www.irb-cisr.gc.ca

Description. The IRB provides information and resources regarding immigration appeals, refugee applications and hearings, and detention hearings.

Provincial Nomination Programmes

Alberta Immigrant Nominee Programme (Alberta Canada)

W www.albertacanada.com/opportunity/immigrating/ainp.aspx

Description. Alberta Canada provides information and resources about obtaining permanent residence through the Alberta provincial nominee .

British Columbia Economic Immigration Programmes (Welcome BC)

W www.welcomebc.ca/Immigrate-to-B-C

Description. Welcome BC provides information and resources about obtaining permanent residence in British Columbia through the British Columbia provincial nominee .

Manitoba Provincial Nominee Programme (Immigrate Manitoba)

W www.immigratemanitoba.com

Description. Immigrate Manitoba provides information and resources about obtaining permanent residence through the Manitoba provincial nominee

New Brunswick Provincial Nominee Programme (Welcome NB)

W www.welcomenb.ca

Description. Welcome NB provides information and resources about obtaining permanent residence through the New Brunswick provincial nominee me.

Newfoundland and Labrador Provincial Nominee Programme

W www.nlpnp.ca

Description. The Government of Newfoundland and Labrador provides information and resources about obtaining permanent residence through the Newfoundland and Labrador provincial nominee .

Northwest Territories Nominee Programme (Immigrate NWT)

W www.immigratenwt.ca/en/nwt-nominee-program

Description. Immigrate NWT provides information and resources about obtaining permanent residence through the Northwest Territories’ nominee .

Nova Scotia Provincial Nominee Programme (Nova Scotia Immigration)

W www.novascotiaimmigration.ca

Description. Nova Scotia Immigration provides information and resources about obtaining permanent residence through the Nova Scotia provincial nominee .

Ontario Provincial Nominee Programme (Ontario Immigration)

W www.ontarioimmigration.ca

Description. Ontario Immigration provides information and resources about obtaining permanent residence through the Ontario provincial nominee programme.

Prince Edward Island Provincial Nominee Programme (Opportunities PEI)

W www.opportunitiespei.ca

Description. Opportunities PEI provides information and resources about obtaining permanent residence through the Prince Edward Island provincial nominee .

Saskatchewan Immigrant Nominee Programme

W www.saskatchewan.ca/residents/moving-to-saskatchewan/immigrating-to-saskatchewan/saskatchewan-immigrant-nominee-program

Description. The Government of Saskatchewan provides information and resources about obtaining permanent residence through the Saskatchewan provincial nominee programme.

Yukon Territory Nominee Programme

W www.immigration.gov.yk.ca

Description. Yukon Government provides information and resources about obtaining permanent residence through the Yukon nominee programme.

List of IRCC offices in Canada

W www.cic.gc.ca/english/contact_us/offices/canada.asp

Description. IRCC provides a complete list of offices inside and outside Canada, including: visa offices; Canadian embassies, high commissions or consulates; offices in Canada that process applications; offices for appointments; and multiculturalism programme offices.

List of visa offices outside Canada

W www.cic.gc.ca/english/information/offices/apply-where.asp

Description. IRCC provides a chart outlining where to submit applications for permanent residence and temporary residence.

Fee schedule for IRCC Services

W www.cic.gc.ca/english/information/fees/fees.asp

Description. IRCC provides a chart outlining processing fees for all applications.

IRCC application processing times

W www.cic.gc.ca/english/information/times/index.asp.

Description. IRCC provides information regarding average processing times for all applications



Contributor profiles

Jaqueline R. Bart, Certified Immigration Law Specialist with the Law Society of Upper Canada

BartLAW Canadian Immigration

T +1-416-601-1346
F +1-416-601-1357
E bart@bartlaw.ca
W www.bartlaw.ca

Professional qualifications. Ontario, Barrister and Solicitor. Certified Immigration Law Specialist, Law Society of Upper Canada

Areas of practice. Immigration and citizenship,

Languages. English, Spanish, French (basic)

Professional associations/memberships.

International Bar Association.

  • Union International Des Avocats.

  • American Bar Association.

  • The Inter-Pacific Bar Association.

  • Ontario Bar Association.

  • Canadian Bar Association.

  • American Immigration Lawyers Association.

  • Consular Corps Association of Toronto.

  • International Network of Boutique Law Firms.

  • Ontario Club of Canada.

  • Honorary Consul of Ecuador (ex officio).

  • The Ontario Club.

  • Confrerie de la Chaine Des Rotisseurs.

  • The National Club.

Publications.

The Canada/US Relocation Manual Immigration, Employment, Customs and Taxation Law (Editor-in-Chief).

  • Immigration Legal Practice Guide for Lawyers: Work Permits and Visas (Author).

  • Immigration Legal Practice Guide for Lawyers: Permanent Residence (Author).

  • Global Corporate Immigration International Practitioners' Guide (Co-Author).

  • ABIL Global Business Immigration Practice Guide (Co-Author).

  • Global Mobility Handbook 2013, ILW (Co-Author).

  • Immigration Law: Jurisdictional Comparison, First Edition (Co-Author).

  • The International Comparative Legal Guide to: Corporate Immigration 2014, First Edition (Co-Author).

  • 70 other publications in law journals and other media.


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