Canadian immigration updates: Changes to temporary foreign worker practices

LMIA-EXEMPT WORK PERMIT APPLICATIONS

Employers of foreign nationals should now be aware that as of late 2015, businesses who wish to employ foreign nationals in Canada who are exempt from a Labour Market Impact Assessment (LMIA) must complete an online filing and pay a $230 employer compliance fee per offer of employment. This is completed online through the Employer Portal. The compliance fee is in addition to the $155 Work Permit application fee. It is recommended that employers complete the online filing well in advance of the foreign national applying for a Work Permit, primarily due to ongoing technical problems with this system, making it unavailable for extended periods of time. Businesses may also allow Alexander Holburn to complete employer portal filings on their behalf by designating Alexander Holburn Beaudin + Lang LLP as their agent.

NEW ELECTRONIC TRAVEL AUTHORIZATION REQUIREMENTS

As of March 15, 2016, most visa-exempt foreign nationals coming to Canada by air must have an Electronic Travel Authorization (“eTA”). This includes citizens of the United Kingdom, most EU countries, as well as those from Australia and New Zealand. Currently, citizens of the US and those with a valid visa are exempt. An eTA costs $7 and remains valid for five years or until the foreign national’s passport expires, whichever comes first. To find out whether an eTA is needed, consult Immigration, Refugee and Citizenship Canada’s website, or contact one of the members of our Immigration Practice Group.

 

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