Months after reporting on how foreign workers in Canada on work visas made the difference between their families in their home countries merely existing or flourishing,  a proposal to the government may impact the ability of  these workers to earn money and stay long-term in Canada. There are currently an estimated 300,000  foreign workers in Canada, and approximately 10,000 of them helped build the recent 2010 Vancouver Olympic Winter Games.

These workers do many of the valuable manual labour jobs that keep the Canadian economy afloat, like picking fruit and vegetables or working in factories.

In fall 2009 Citizenship, Immigration and Multiculturalism Minister Jason Kenney said that there would be changes proposed to the Temporary Foreign Worker Program. However the prorogation of Parliament has delayed any further mention of them. Now that Parliament is back in session, we can expect to hear further updates soon.

Proposed Changes for Canadian Work Permit Holders

Among the changes proposed:

•         Workers who have been in Canada for four years will not be eligible to work in Canada again for six more years.

•         Workers who want to stay in Canada for longer than four years must apply in the same manner as other immigrants looking for permanent residence

The Canadian Labour Congress has said that many migrant workers are afraid to speak out about unsafe working conditions and discrimination for fear of not being allowed to stay in Canada, and the changes will only make the fear of losing their jobs and their ability to stay in Canada worse

One such migrant worker exposed to an unsafe environment is Michael Phan, one of two men who were severely injured in a mushroom farm accident in 2008 that lead to the deaths of three others in Langley, British Columbia. Phan inhaled toxic fumes when a pipe burst, and is still in a coma in hospital with severe brain injuries. We also previously blogged about the four migrant workers in North York who fell to their deaths on New Years Eve because of a lack of proper safety measures in effect.

If these proposed changes do come to pass, many foreign workers on Canadian work permits will be put in a precarious situation affecting their own status in Canada, their Canadian employers and families aborad. During these times of economic uncertaintly, this is not the time to put up barriers to employment.

Hi Johanna

I want to congratulate Niren and Associates, especially Katherine Yang, for all their help during my Canadian work permit application process. I had had quite a difficult application process but Katherine was extremly helpful and was always willing to hear me out.  The professionalism with which my case was carried out helped me have a successful outcome and I will be arriving in Canada in one week.

Fernando

The Canadian Government has created a system for online visa applications. In late December, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced that those seeking Canadian work permits or visitor extensions can now utilize the online system.

The online application system is supposed to  eliminate some of the costly and time consuming problems that arise when relying on mail applications, including incomplete forms or errors. The online forms can only be submitted once they are complete.

The government advises that doing it this way  makes accidentally missing part of the forms or incorrectly filling them out a non-issue. However,  this is far from the case.  The online software may indeed prevent you from missing your birth date or some other information on the form. But no software will  guide you as to the content you have to enter on them. And in our experience, most visa application refusals are due to content errors.

While as Kenny says “extending our online services to more temporary residents will significantly facilitate the application process by providing faster, more accessible and efficient services,” you should beware of the pitfalls of such online convenience. Once you submit your application online, you are committed to what you state in your application. Therefore it is always advisable to consult with a qualified immigration lawyer before sending in any immigration or visa applications online or by mail. Online applications may guarantee a paperless process but certainly not an approval.

Previously, only international students were able to apply online. In the future, CIC intends to make it possible for all types of applications to be made online. The service is available to all temporary residents, with the exception of applicants who want to work in Canada through co-op work permits.

Call Niren and Associates Immigration Lawyers at 1-866-929-0991 or info@visaplace.com for any questions on Canadian or US Visas.

Vian,

Things went fine [at the Canadian Consulate]. The officer had a few concerns but I was able to overcome those and she issued me a Canadian Work Permit letter and gave it to me. She also approved Fernando subject to getting a medical exam by a designated medical practitioner in Columbia. Once the medical exam is completed and the results electronically sent to Ottawa by the practitioner she will be notified when the records are approved and she will then issue Fernando his Work Permit Letter and send to you. She stated he will not need to go the Canadian Embassy in Bogota because the Work Visa letter will go to you and you can send to him to entry into Canada at which pint he will be issued his work visa.

Thanks for your assistance. The lady was very nice. It lasted about a hour and then another hour for the approval of the document process.

Could you let us know when you receive we may want you to send express mail?

We both very much appreciate your assistance.

Bill and Fernando

I am based in Chicago and require the assistance of a Toronto immigration law firm for Canadian work permit applications. My company has contracts with a Canadian company in Toronto for software installation. I need my workers to enter Canada within a month for a 6 month period. Can your law firm in Toronto assist us?

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Hello

Our immigration law firm while based in Toronto, (and Hamilton), represents clients and companies world-wide. As immigration lawyers, we are very experienced in dealing with people from the USA, and other parts of the world including India, China, Europe, South Asia, Africa etc.  We can correspond with you by email, phone, fax, and even video conference.

Regarding your specific issue, assuming your workers are US citizens, they may be able to come to Canada as business visitors under the NAFTA After Sales Service provisions and therefore do not require Canadian work permits. However, if this is not the case, then  they may have to apply for them.  I would need more information about your situation to make such a determination including the details of the contract you signed with the Canadian company and the qualifications of the workers.

Hello

I am a Director of Photography and Director in Los Angeles , California.

A local production company hired me to shoot their next feature film which will be shot in Los Angeles for about 80% of the production. However, some scenes have to be shot in Canada, and that leads to my question.

What work permits if any would I need to shoot parts of that feature in Canada?

Thanks in advance

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Hello,

Your question raises some important issues. In some cases,  you do not require a Labor Market Opinion (LMO), which can be onerous to get, in order to obtain your Canadian work permit.

In the film industry there are some important LMO exemptions as follows:

Under the Immigration and Refugee Protection Act (IRPA), there are specific cases where employers in the film and entertainment industries do not need an HRSDC job offer confirmation (LMO), or the foreign workers do not need a Citizenship and Immigration Canada (CIC) work permit.

Foreign Workers who do not need a Canadian work permit or an HRSDC labour market opinion include:

1. Producers of film, television, video and documentary projects funded entirely from outside of Canada. It is essential that producers submit correspondence from their company providing information pertaining to the film production and the length of time the producer will be required to stay in Canada.

2. All foreign workers entering Canada to take employment under the terms of a film co-production agreement between Canada and any other country are exempt from the LMO.

3.Individuals and groups who purchase services or rent equipment furnished by recording and film studios in Canada may be admitted without work permits if they meet the criteria of R187.