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Mode 4 In Practice Immigration Perspective: Canada
Copyright 2008 © Bart & Associates Synopsis 1) Canada is meeting its GATS commitments and is exceeding them by harmonizing portions of mode 4 into our domestic structure and expanding them. 2) Our domestic legislation is more facilitative to employers and foreign workers than GATS. 3) Employers are requesting that the GATS be expanded.
Copyright 2008 © Bart & Associates Temporary Foreign Worker Program Highly complex sophisticated Involves both Federal and Provincial Governments About 60 – 70 Provincial work permit categories as any given time (fluid system which is needs based) About 80 Federal Categories Low Skilled and High Skilled (focus is on high skills)
Copyright 2008 © Bart & Associates Work Permits To Canada General Rule: Immigration Canada requires that HRSDC/Service Canada issue a Labour Market Opinion as a precursor to obtaining a work permit.
Copyright 2008 © Bart & Associates Labour Market Opinions Employer Application: Benefits to Canada Canadians Are not Available/Labour Shortage/Advertising Job Creation Training of or transference of skills to Canadians Wages and working conditions (equal or better than Canadians)
Copyright 2008 © Bart & Associates LMO-Exempt Categories GATS NAFTA, CCFTA Performing Arts Intra-Company Transfers Research, Educational or Training Programs Information Technology Workers Students, Spouses Various other categories
Copyright 2008 © Bart & Associates (Uruguay) GATS Within Canadian Immigration Policy – Commitments Visitor Entries and After Sales Service (harmonized with Canadian legislation) 9 Professionals: short term work permits (licence generally required for Canada-impractical) Intra-Company Transfers: Executives and Managers (7 year cap) and Specialists (5 year cap) Harmonization with NAFTA, CCFTA and C-12 (which requires minimum 1 year of employment in similar capacity at company prior to transfer)
Copyright 2008 © Bart & Associates Bilateral and Multilateral Treaties NAFTA: Canada, USA and Mexico CCFTA: Canada and Chile Trade Agreement with Peru (implementation scheduled for 2009)
Copyright 2008 © Bart & Associates NAFTA and CCFTA 1. Visitors (harmonized); 2. Professionals; 3. Intra-Company Transfers (executives, managers and specialized knowledge workers-harmonized) [Peru: 6 Months]; and 4. Treaty Traders and Investors
Copyright 2008 © Bart & Associates Professionals 60 Occupations (Peru: substantial expansion of [NOC] occupations, plus negative occupations) Citizenship in US, Mexico or Chile Qualification to work in that profession; Pre-arranged employment with a Canadian employer in occupation Compliance with existing immigration requirements One year work permits, renewable indefinitely USA Experience
Copyright 2008 © Bart & Associates Treaty Traders Applicant has treaty country nationality; Enterprise has treaty nationality; Activities involve substantial trade in goods or services; Trade is principally between treaty nationality and Canada; Position is supervisory, executive or involves essential skills;
Copyright 2008 © Bart & Associates Essential Skills: Discretionary No previous employment required with the applying trading company Essential skill must be vital to the effectiveness of the firms Canadian operations; Includes highly trained technician to train Canadians, and Does not necessarily have to be essential skills: can include people required to start operation based on familiarity with operations.
Copyright 2008 © Bart & Associates Treaty Investors Applicant has treaty country nationality Enterprise has treaty country nationality Substantial investment made or actively being made Entry solely to develop and direct the enterprise; Position is executive, supervisory or essential skills (defined similarly to traders)
Copyright 2008 © Bart & Associates How can GATS be expanded to meet Canadian employers labour market requirements?
Copyright 2008 © Bart & Associates Expand number of professional occupations Professionals: Allow for one year work permits renewable indefinitely Reduce licensing requirements for professionals Introduce treaty trader and investor categories to facilitate foreign trade and investment (to allow entry to employees who have not worked in an intra- company transfer capacity for one year) Open Spousal Work Permits for higher skill level occupations
Copyright 2008 © Bart & Associates Canada: 2005 Mode 4 Offer o Offer contains many of the suggestions o It is designed to expand our current commitments considerably o Expands occupations (MC and IT) o Open work permits for spouses o One year professional work permits o Expands the activities of professionals
Copyright 2008 © Bart & Associates For More Information Please Contact: Jacqueline R. Bart, B.A, LL.B., J.D. Barrister and Solicitor Certified Immigration Specialist by the Law Society of Upper Canada Bart & Associates A Citizenship and Immigration Law Firm Barristers and Solicitors Law Chambers 181 University Avenue, Suite 2200 Toronto M5H 3M7 Tel : Fax:
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