Are you considering extending your foreign national employee’s work permit or would like to retain your employee permanently in Canada? Both options are possible and may be pursued while the employee continues his/her employment with your company.
Renewing a work permit is dependent on a multitude of factors, including the type of work permit the employee holds, the circumstances, how long the employee has been working in Canada, how many times the work permit has been renewed, and more.
Where the original Canada work permit required a Labour Market Opinion (LMO) provided by Human Resources and Social Development Canada (HRSDC), a renewal of the permit will require a new LMO. As such, an employer will have to engage in the process of securing a new confirmation from HRSDC that the employment of the foreign national will not adversely affect Canadian citizens or Canadian permanent residents. While Citizenship and Immigration Canada allows the HRSDC confirmation and work permit renewal applications to proceed concurrently, if the confirmation is refused, some risk factors arise. As such, commencing the process at least 60 days prior to the expiry of the work permit, though not always necessary, is highly recommended.
Where no HRSDC confirmation was necessary for the initial work permit application process, the work permit renewal process is likely to be much more expeditious. There are a variety of LMO-exempt work permits, including Intra-Company Transferee Work Permits, NAFTA Professional Work Permits, work permits secured pursuant to international agreements, and spousal work permits.
Some work permits, such as Post-Graduate Work Permits or Working Holiday Visas, are not renewable. In such circumstances, if the employer wishes to continue employing the foreign national, that employer must generally engage in the LMO confirmation process.
Employers who wish to retain their foreign national employees permanently will want to secure Canadian Permanent Residence on their behalf.
Permanent Residents of Canada have the right to live, work or study anywhere in Canada, apply for Canadian citizenship and benefit from protection under Canadian law and the Canadian Charter of Rights and Freedoms. Permanent Residents must reside in Canada for at least two out of every five years in order to retain their status. Some exceptions apply.
Canada offers numerous programs for Permanent Residence. The Federal Skilled Worker class is one where a person’s age, education, employment experience and language abilities are assessed according to a point system that evaluates the applicant’s ability to become economically established in Canada. In addition, qualified applicant must either have engaged in at least one year of employment experience on a specific list of Preferred Occupations (currently includes 38 professions) or possess an approved offer of Arranged Employment from a Canadian employer, or have been working or studying in Canada legally for at least one year.
Other programs for Permanent Residence include the Canada Experience Class, open to applicants who have worked in Canada for two years or have studied in Canada for two years and thereafter worked for one year. Canada Experience Class applicants benefit from limited assessment criteria and expedited processing times.
Canada’s Provincial Nominee Programs offer yet another alternative for securing Canadian Permanent Residence. Most provinces and some territories offer their own, unique Nominee Programs. These programs are generally employer-based and also offer expedited processing times.
For further information and assistance with your corporate immigration strategy, please contact a Canadian immigration lawyer or US immigration attorney at Bomza Law Group, at 1-800-993-9971.
For further information with respect to US and Canadian immigration or to find out if you or a company employee is eligible for temporary or permanent relocation to Canada or the US, we invite you to contact our experienced immigration lawyers and attorneys by contacting the Bomza Law Group at:
1-800-993-9971 or by clicking here: “Contact Us”.