Employer information: name of business, business address, phone number, fax number, email address, contact name, job title, and description of principal business activity.
Details of job: confirmation exemption code, confirmation exemption title, explanation of how the job meets the requirements of the exemption being requested, job title, National Occupational Classification (NOC) code*, location of job, expected start date of employment, expected duration of employment, main duties of the job, educational requirements of the job, experience/ skills required for the job, oral/ written language requirements of the job and a description of how the foreign worker meets the educational/experience/skills/language requirements.
*A list of NOC codes is available at http://www23.hrdc-drhc. gc. ca/2001/e/groups/index. shtml. If there are any provincial/territorial/federal certification, licensing or registration requirements for the job, the name of the certifying/licensing/registering body must be specified.
Foreign worker information: foreign worker’s full legal name, gender, date of birth, country of birth, country of residence, citizenship and immigration status if the foreign worker is already in Canada. If the foreign worker has been charged or convicted of any crime or offence in any country, details of the occurrence must be provided.
What Supporting Documents are Required?
Employer documentation: business license, confirmation of where the company is incorporated, copy of job offer, location of parent, branch, subsidiary or affiliate companies.
Foreign worker’s documentation: copy of passport, confirmation of education, confirmation certification/licensing or registration if required, confirmation of immigration status if currently in Canada, proof of nomination under a Provincial Nominee Program if applicable. Details of how employment, benefits the Canadian economy, falls under an international agreement, creates opportunities for Canadian workers or requires specialized knowledge, if applicable.
What Happen Next?
Based on the information and documentation submitted, an officer will asses whether or not the person who will be entering Canada to work is exempt from the requirement of obtaining a LMO from Service Canada as per the Immigration and Refugee Protection Act and Regulations:
The opinion will be provided to the employer in writing within five working days. The employer is responsible for the providing the opinion letter to the foreign worker. The foreign worker must present this letter along with supporting documents at the port of entry (POE) when seeking entry to Canada.
Who can apply at a POE?
A foreign national may apply for a work permit at any time before entering Canada. However, pursuant to Regulation198, an application can be made upon entry if the foreign national is exempt from the requirement to obtain a TRV and whose work does not require a LMO or a LMO has been issued.
A complete list of the countries and territories whose citizens require TRV’s in order to enter Canada as temporary residents is available on CIC’s Web site at http://www.cic.gc.ca/english/visit/ visas.html.
What happens at the POE?
Section 18 of IRPA requires everyone seeking to enter Canada, whether visitors, returning residents or citizens, to be examined by an officer at the POE. The opinion letter issued by the TFWU does not guarantee admission, the decision to allow entry to Canada rests with the officer at the POE. Temporary workers will still be subject to the normal examination procedures and will have to meet the requirements of the IRPA and Regulations. They will also have to:
- Satisfy an officer that they will leave Canada at the end of their employment;
- Show that they have enough money to maintain themselves and their family members in Canada;
- Be law abiding and have no record of criminal activity (they may be asked to provide a police clearance certificate);
- Not be a risk to the security of Canada;Be in good health (complete a medical examination, if required);
- Produce any additional documents requested by the officer to establish their admissibility.
A work permit will be issued to the foreign worker if all the above requirements are met*
Excerpt taken from the CIC Admission News (CIC Vancouver Admission News)
A Notary Public, Certified Canadian Immigration Consultant and Mediator/Arbitrator, Editha Corrales Nelson’s preferred areas of practice are Canadian Immigration, Conveyancing, Powers of Attorney, Wills Preparation, International Legal Documents, Affidavits, Letters of Invitation, Statutory Declarations, Drafting of Business Contracts and other notarial services. For an appointment, please call: 604- 777-2757. The following should not be construed as providing legal advice and information in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation. For more information on the subject, contact Editha Corrales Nelson at 604-777-2757.
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