Canadian Employment Law Today

Canadian HR Reporter, 2020 requirements and upholding the conditions set out in the regulations. The employer is re- sponsible for meeting all the conditions and requirements of the TFWP, the LMIA applica- tion, the decision on the application and its annexes. It also needs to retain all records for six years. ESDC has the authority to review the activities of the employer at any time. If an employer is found to be noncompliant, they will not be eligible to hire another for- eign worker under the strategy. Exemptions Some exemptions from obtaining a work permit exist under the Global Skills Strat- egy, such as for highly skilled workers and researchers. Highly skilled workers. A foreign nation- al can work in Canada without a work permit if they are highly skilled and fall under the position description of manager or profes- sional in the NOC code O or A and their stay is of a short duration — a period of up to 15 consecutive days once every six months or up to 30 consecutive days once every 12 months. Researchers. A foreign national can work in Canada as a researcher without a work permit if: they will perform research in a Canadian, publicly funded, degree-granting institution or its affiliated institution; they have a significant role to play or value to add to the research project; and they will stay in Canada for a short duration — in the case of a researcher, a period of up to 120 days once every 12 months. It must be noted that a foreign national can renew their exemption only if the necessary time has elapsed since they were last granted an exemption. This means that they can use the 15-day exemption only after six months have passed since its last use; a 30-day or 120- day exemption can be used again only after 12 months have passed since they last used it. Processing times As part of the Global Skills Strategy, highly skilled foreign nationals applying from outside Canada are eligible for a two-week processing time for their work permit appli- cation. This expedited time is also available for the workers' immediate family members (spouse/common-law partner and depen- dent children) if they apply along with the main applicant. There is no need to apply separately for a visa or electronic travel au- thorization, as all the necessary permits will be issued with the work permit. The foreign national should ensure that the local visa of- fice requirements have been fulfilled. If the requirements are not met, it can cause delays in the processing of the application. Enhanced customer service A Dedicated Customer Channel (DSC) is available to assist universities that support publicly funded research chairs and compa- nies that make a significant job-creating in- vestment in Canada by setting up operations in the country for the first time or significant- ly expand their business. To be eligible for the DSC, one of the referral partners must identi- fy and refer the employer. A list of the referral partners can be found at https://www.canada. ca/en/immigration-refugees-citizenship/services/ work-canada/hire-foreign-worker/temporary/ global-skills-strategy/dedicated-service-channel. html. To be eligible for referral, a company must be making high-value investments, be a high-potential or high-growth company or be an innovative company. If eligible, an employer is given access to an account manager, who will provide ser- vices such as information on available im- migration programs, explanation of process- es, linking investing companies to relevant operational staff in Canada or abroad and serving as a co-ordinating point of contact to ensure smooth processing and communi- cation. The Global Skills Strategy was introduced as a pilot project for two years; however, its success has made it a permanent program. Since its introduction, 40,000 workers have come to Canada and more than 1,100 Cana- dian employers have used the Global Talent Stream, according to Immigration, Refugees and Citizenship Canada. The strategy has been beneficial in many ways. It has increased the specialized work force in Canada. Work permit exemptions allow employers to hire highly skilled work- ers for a short duration without applying for a work permit. The introduction of the La- bour Market Benefit plan ensures that com- panies hiring a foreign worker create more opportunities for Canadians. The strategy has many advantages, but it is not devoid of drawbacks. The Labour Mar- ket Benefits plan creates a burden on the em- ployer. Many companies that need a special- ized foreign worker might not be able to hire one because they lack the resources needed to implement the plan. While the process- ing time has been significantly reduced, the time needed to meet the documentary requirements can cause significant delays. To be eligible for Category A in the GTS, the employer needs to be referred by one of the designated referral partners; obtaining this referral is not easy. There is no minimum requirement to recruit Canadians or perma- nent residents, even though the guidelines encourage employers to do so before hiring a foreign national. The strategy is still in its nascent stage and it is too early to assess its overall impact on the Canadian economy. July 1, 2020 | Canadian Employment Law Today CREDIT: METAMORWORKS ISTOCK ABOUT THE AUTHOR Sergio R. Karas Sergio R. Karas is principal of Karas Immigration Law Professional Corporation in Toronto. He can be reached at (416) 506-1800 or karas@karas.ca. Since the strategy was introduced in 2017, 40,000 workers have come to Canada and more than 1,100 Canadian employers have used the Global Talent Stream.

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