Tag Archives: cbsa

Impact of Canada-USA Border Deal for Work Permit Holders

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In December of 2011, the Prime Minister of Canada and President of the USA made a joint announcement regarding plans to implement a cooperative effort to improve security and efficiency at the ports of entry (including border crossings and airports) between the two countries. The effort has numerous facets, which may see RCMP and US police officials obtain jurisdiction on either side of the border, improved airport security, sharing of infrastructure between certain border crossings, harmonization of rules, sharing of information, and more.

The prospect of sharing of information has certain advantages and disadvantages to holders of Canadian work permits. A principal goal of the effort would be to have better information on the movement of temporary residents relative to their permission to stay in Canada. For example, there would be more knowledge of whether or not a given individual respected the conditions of a temporary stay in Canada, leaving or otherwise renewing status within the time permitted. If implemented, an individual who overstays could face negative consequences in the case of any future effort to seek admission to Canada.

In certain cases, work permit holders are constrained by time limitations associated with the issuance of a Canadian work visa. For example, intra-company transferees may be  permitted stays of between five and seven years, but such time is assessed only against the duration of time actually spent in Canada. In such a case, better exit controls may serve the purpose of facilitating demonstration of the duration of the actual stay of such a work permit holder, permitting the maximum actual duration of validity of the immigration document.

It is not yet clear how or if this effort will be implemented. There are also differing accounts of the extent and purpose of information sharing. However, this could be a very important development for the two countries.

CIC Promoting Long Term Multiple Entry Visas for Business Travellers

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Citizenship and Immigration Canada has announced a policy decision to promote the use of long-term multiple-entry visas. For foreign nationals engaged in ongoing business activities in Canada, and who officials accept as genuine temporary residents of Canada, the goal of this policy is to facilitate such business activity without the need for repeated single-entry visa applications.

The policy permits issuance of a multiple-entry visa for a maximum duration of the validity of the candidate’s passport less one month. Depending on the normal passport validity of an issuing country, this means that the normal maximum validity will be up to 59 months (just under 5 years), although in some cases it could be as much as 119 months (just under 10 years).

An entry visa permits the foreign national to appear at a Canadian port of entry to seek admission. The maximum duration of such admission on any given occasion is subject to the discretion of the Canada Border Services Agency official.

Revisions to Temporary Foreign Worker Program

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On April 1 2011, Citizenship and Immigration Canada implemented changes announced in 2010 which constitute a significant increase in the level of scrutiny that applications in the Temporary Foreign Worker Program (TFWP) will be subject to. Officials reviewing applications, including HRSDC; CIC; and CBSA, now have more power and obligation to evaluate the job offer, the employer, the and the employer’s history in the TFWP.

When an offer is made to a foreign national, officials must assess the following factors:

(1) the genuineness of the job offer, including whether or not the employer is continuously and actively engaged in commercial activities in Canada; whether the position offered is credible in the light of the business in which the employer is engaged; and whether or not the employer is capable of fulfilling the terms of the offer of employment.

(2) the employer’s history of compliance with requirements of the TFWP and of providing “Substantially the Same” wages, conditions, and responsibilities to the foreign national as were approved by the Canadian government officials (STS).

(3) the consistency of the request with agreements established with the various provinces and territories and Citizenship and Immigration Canada.

Applications can be refused if the above are not consistent with program requirements, and employers could potentially be prohibited from benefiting from the services of a foreign worker for a 2 year duration if they are found to have failed to comply with STS requirements.

Foreign nationals may also now be required to adhere to a 4 year maximum duration of work in Canada. After a cumulative duration of 4 such years, it would be necessary for a period of 48 months to pass prior to which the foreign national would become eligible for work in Canada in the TFWP again. Exemptions to this rule do exist, which may include candidates admitted pursuant to international treaties (e.g., NAFTA), candidates admitted in certain high skill occupations, and those contributing a significant benefit to Canada.