Temporary Residence
Temporary Residence
Those who wish to come to Canada to visit, study or work for a limited period of time may obtain a temporary residence visa. These types of visas are typically applied for at Canadian visa posts overseas and may be renewed from within Canada. The duration of their validity depends on the type of visa and the reason for the temporary residence in Canada. The four main types of temporary visas are: Visitor visas, Study Permits, Super Visas and Work permits.
Work Permits
LMIA
Factors ESDC Considers On LMIA Application
Understanding the factors considered by ESDC in an LMIA application is crucial for making informed decisions. ESDC assesses the potential impact of hiring foreign workers on the labor market, considering factors like:
- Efforts made by the employer to advertise the job to Canadian citizens and permanent residents for at least 4 weeks, including on the National Job Bank website.
- Whether hiring the prospective worker will address a specified labour shortage.
- Potential benefits to the Canadian labour market, like job creation and knowledge transfer.
- Consistency of wages with prevailing rates for similar Canadian job groups.
- Potential negative impact on labour disputes settlement.
- Compliance with provincial employment standards legislation at the intended workplace.
- Language proficiency of the prospective employee, unless the job requires a language other than English or French.
If you’re seeking highly skilled labour not readily available in Canada Contact us to speak with an experienced LMIA lawyer.
INTRA Company Transfer
The Canadian International Mobility Program (IMP) enables employers to bring in workers from abroad without needing a Labor Market Impact Assessment (LMIA). Under the IMP, there’s an intra-company transferee category for multinational companies to temporarily transfer qualified professionals and employees to Canada. Key requirements for such transfers include:
- Transfers should be for expansion and management purposes.
- Transfers should contribute to improving the Canadian business.
- Transfers should enhance the company’s international competitiveness, benefiting its Canadian operations.
- The transferee must be currently employed by the multinational company.
- The transferee must be moving to the parent, branch, affiliate or subsidiary of the same organization.
- The Canadian company must have authority over the employee in their job duties.
- The transferee must possess highly specialized and uncommon knowledge in their field or hold a senior manager or executive position.
- The transferee’s skills should not be readily available in the market.
- There must be evidence of the transferee’s specialized knowledge, such as advanced education, unique industry knowledge and a salary reflecting their expertise.
