IMMIGRATION LAW - CHAPTER 5 - TEMPORARY RESIDENCE: STUDENTS AND WORKERS

THE EMPLOYER MUST: - Offer the same wages paid to Canadian agricultural workers doing the same work,

- Pay airfare to and from Canada, - Provide fee Seasonal housing, - Pay visa application fee for the worker, - Provide workplace safety insurance coverage.

APPLICATION FOR STUDY PERMITS: requirements: 2. Pass the CIC medical examinations if required. 1. Show proof of:

- a letter of acceptance or Certificat d'acceptation du Quebec, - Ability to pay the tuition fees, - Ability to be self-supporting, including family, - Ability to cover the transportation cost to and from Canada,

APPLYING WITHIN CANADA: As of June 1, 2014, some foreign nationals may apply for a study permit from within Canada:

- minor children...

GENERAL AGREEMENT ON TRADE IN SERVICES GATS

160 member nations, Each of the 160'member has its own mom mittens to other member nations...

LMIA EXEMPTIONS: INTERNATIONAL MOBILITY PROGRAM: Under the IMP, foreign nations are exempt from the LMIA requirement, IRP s 204,a.

A work permit will be issued if the foreign national is likely to product a significant benefit to Canada. - Includes social and cultural benefits to Canada's labour market and economy.

WHEN NO LMIA IS REQUIRED:

Business visitors, Business persons in Canada, Intra-company transfers.

NORTH AMERICAN FREE TRADE AGREEMENT: Business visitors, Professionals, Intra-company transferre

Business visitors: foreign nationals engaged I business activities, e,g, research and design, manufacturing, sales, distribution, general service, Business visitors must apply at port of entry fora. Visitor visitors record.

WORK PERMIT REQUIRED

Chart: Temporary Foreign Worker program: objective, based on, unilateral & discretionary, employer, ESDC,... International Mobility Programs.

CAREGIVER ELIGIBILITY CRITERIA

Education: must be equivalent to Canadian secondary school.

FOREIGN WORKERS' RIGHTS

Employers are not allowed to... See understands your rights...

EMPLOYER REQUIREMENTS

Employers must obtain a petition LMIA ($1000)

BUSINESS VISITORS AND PROFESSIONALS

Engage in international business...

APPLICATION FOR A STUDY PERMIT: Most applicants must apply outside Canada before entry, IRPR section 213,

Exceptions: - some may apply upon entry IRPR section 214: American citizens and permanent residents, Residents of Greenland, St. Pierre and Miquelon,

LMIA EXEMPTIONS: INTERNATIONAL MOBILITY PROGRAM: (continued):

Foreign nationals who need a work permit, seniors managers, executives, and individuals with specialized knowledge, may obtain it only after the prospective employer has submitted a job offer to CIC, - This is done for employer compliance monitoring.

PROCESS FOR OBTAINING A WORK PERMIT-FOREIGN NATIONAL: chart

Genuine job offer, Receive positive LMIA Apply for a work permit Issued a TRV/work permit, Assessed by visa officers.. ...

TEMPORARY FOREIGN WORKERS: TEMPORARY FOREIGN WORKER PROGRAM: TFWP: High-wage positions, low-wage positions, caregiver program, primary agricultural stream.

INTERNATIONAL MOBILITY Program: business visitors professionals, Intra-company transfers, INTERNATIONAL FREE TRADE AGREEMENTS: e.g. NAFTA, GATS, the Canada-Chile free Trade Agreement, the Canada-Peru Free Trade Agreement, and the Canada-Colombia Free Trade Agreement.

LABOUR MARKET IMPACT ASSESSMENT LMIA: Employer must apply to ESDC for permission to hire a foreign worker, Cost is $1000 per employee,

Labour market impact assessment LMIA: A LMIA is a document that an employer in Canada must usually get before hiring a foreign worker, A positive LMIA means there is a need for a foreign worker to fill the job and Canadians worker cannot do the job,

STUDENTS-WORKING IN CANADA NO permits is necessary for on-campus work: - e..g graduate assistants, aching assistants, and research assistants, Includes private business that are on campus.

No work PERMIT is needed for some,....

WORK PERMIT EXEMPTIONS: for: Business visitors, Diplomats, Foreign athletes, Military personnel, Crew members, Clergy,

Performing artists, Public speakers, News reporters, Expert witnesses, examiners, and evaluators, Students....

PROHIBITION ON WORKING FOR INELIGIBLE EMPLOYERS

Regulations prohibit foreign ...

OPEN WORK PERMIT: 2 types of open permits: Unrestricted, Issued to a foreign national who has passed a medical exam, Applicant is permitted to work in any occupation, for any employer,mat any location,

Restricted,

PRIMARY AGRICULTURAL STREAM

Seasonal Agricultural Worker Program SAWP

TEMPORARY WORKER CLASS DEFINITIONS

Temporary foreign worker TFW, WORK, Work permit,

APPLICATION FOR A STUDY PERMIT: (exceptions continued): - some may apply after entry, IRPR section 215: Study permit holders, Persons subject to unenforceable removal orders,

Temporary residents with permits valid for six months or mere, Live-in care givers, spouses, partners of Canadian citizens or perms at r residents, protected persons, certain permanent resident applicants, and the family members of above.

WORK PERMIT EXTENSIONS

The renewal application must be made at least 30 days before the expiry of the current TRV and or work permit, A foreign worker may continue working in Canada under the conditions of an expired work permit...

STUDY PERMIT ISSUED THE APPLICANT: Pays processing fee, Obtains health insurance

The visa officer: May impose terms and conditions, Provides a letter of introduction...

CAREGIVER PROGRAM: Optional live-in

Two streams of private in-home

LABOUR MARKET IMPACT ASSESSMENT LMIA: (continued):

Upon application , an ESDC officer: Assesses the genuineness of the job offer, Determines whether...

SEASONAL AGRICULTURAL WORKER PROGRAM: Allows workers from Mexico and several common wealth Caribbean countries to work in primary agriculture in certain specific commodity sectors.

Workers are permitted to work in Canada for up to eight months between January 1 and December 15. The employer must...