A recent access to information request (ATIP) for Immigration Refugees and Citizenship Canada (IRCC) obtained by CIC News shows that the department is considering a new processing method work permits for some foreign workers.
The measure, which was proposed in December 2022, would apply to foreign workers who already have a Canadian work permit and are applying for another permit to continue working in the same occupation for the same employer.
IRCC has not confirmed this information, so it remains to be seen if it will go ahead with this proposal.
Schedule a free consultation about your work permit with the Cohen Immigration Law Firm
IRCC’s plan to reduce inventories
The proposal is part of an IRCC Action Plan to reduce inventories, improve customer service and accelerate the reduction of labor shortages in Canada. It also falls into Employment and Social Development Canada (ESDC) to simplify work permit renewals for Temporary Foreign Worker Program (TFWP).
The new process would involve the daily extraction of requests by the Global Case Management System (GMCS) into specific folders. IRCC says that the process will not be automated.
Typically, processing involves an officer evaluating each work permit applicant individually to determine if they are approved. This includes a review of the applicant’s experience, education, language ability, and licensing requirements.
The officer will also assess whether the job offer is genuine. They do this by checking to see if the employer is actively involved in their business, can pay employees’ wages, and complies with federal and provincial labor laws.
The new approach will apply to any applicant returning to the same employer and occupation, whether applying from Canada or from abroad.
Who is eligible?
ATIP data shows that between January 2017 and August 31, 2022, IRCC received 71,955 applications from foreign workers who were issued two or more work permits with the same employer and occupation, so the department expects that the proposed measures are beneficial.
Candidates must meet the following criteria to be eligible:
- They must receive a specific work permit from the employer once in the last five years with no discrepancy from the previous application.
- They must submit a completed work permit application for a new employer-specific work permit.
- They must return to the same occupation, with the same National Occupational Classification (NOC) code
- need to provide biometricseither before or with your new application
- They must meet all other eligibility requirements throughout the selection process.
Temporary Foreign Worker Program
Canada temporary foreign worker program (TFWP) helps Canadian employers hire employees when they cannot find qualified or sufficiently qualified employees for open positions.
Employees arriving under the TFWP have closed work permits. This means that they can only work for one employer in Canada.
Most employers who choose to hire through the TFWP need to get positive or neutral feedback. Labor market impact assessment (LMIA). This document is sent to ESDC and describes the employer’s plan to hire, and why they need to hire foreign workers. You must demonstrate that the hiring of foreign workers will have a positive or neutral impact on Canada’s economy.
Employers must provide evidence that they tried to find qualified Canadian citizens or permanent residents to fill open jobs before looking for foreign workers.
Additionally, employers may be inspected for compliance with government regulations after their employee has started working in Canada.
Schedule a free work permit consultation with the Cohen Immigration Law Firm
reference: www.cicnews.com