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INTERNATIONAL MOBILITY PROGRAM LAWYER

The International Mobility Program (IMP) emerges as a crucial thread weaving together the aspirations of global talent and the regulatory framework governing immigration. A Labour Market Impact Assessment (LMIA) is a document that shows the requirement of a foreign worker to fill a job vacancy, for which there are no Canadian citizens or permanent residents available. This document is required by most employers before they can hire a temporary foreign worker. The International Mobility Program (IMP) enables employers to engage temporary workers without the requirement of a Labour Market Impact Assessment (LMIA).


PROCESS

SUBMISSION OF EMPLOYMENT OFFER

  • Initiate the hiring process by remitting the $230 employer compliance fee.
  • Generate and submit a comprehensive offer of employment form via the
    Employer Portal, encompassing details about your business, the potential foreign worker, job specifications, and remuneration details.

HIRING A FRENCH-SPEAKING OR BILINGUAL WORKER OUTSIDE QUEBEC

  • Engage a French-speaking or bilingual worker outside Quebec without the need for an LMIA, provided the worker has moderate proficiency in spoken and listening French; and
  • Intends to reside and work outside Quebec.

EMPLOYING AN OVERNIGHT CAMP COUNSELLOR

  • If hiring an overnight camp counsellor through the International Mobility Program and meeting the specified criteria, potential exemptions from obtaining an LMIA and the employer compliance fee may apply.

EXEMPTIONS

  • Open Work Permits: The employers are exempted from submitting an offer of employment or paying the employer compliance fee applies when hiring a temporary worker with an open work permit.
  • Employer Compliance Exemptions: Some employers may be exempt from using the Employer Portal or paying the compliance fee.

    • Employer Portal exemptions

    • Employer compliance fee exemptions

      • Non-Trade International Agreements: LMIA Exemption Category R204(a) – These programs or agreements, falling within LMIA exemption category R204(a), encompass:

        • Fulbright Program (Canada-U.S.) – Workers are fee-exempt under R299(h).
        • Roosevelt Campobello International Park – Workers qualify for fee exemption as per R299(h).
        • S. Government Personnel – Individuals must be engaged in official U.S. government business in Canada. Workers benefit from fee exemption under R299(g) or (k).
      • Reciprocal Employment: LMIA Exemption Category R205(b) – These programs or agreements, categorized under LMIA exemption R205(b), involve:

        • Cultural Agreements

          • Workers fall under fee-exempt status per R299(h).
        • Canada-China Cultural Exchange

          • Workers enjoy fee exemption according to R299(h).
      • Work Related a Research Program: LMIA Exemption Category R205(c)(i)- These programs or agreements, classified within LMIA exemption R205(c)(i), and include workers who are fee-exempt as per R299(e) include:

        • Scientists or Post-Doctoral Fellows

          • Sponsored by Atomic Energy of Canada Ltd.
          • Workers are fee-exempt under R299(e).
        • Scientists or Scholars

          • Sponsored by entities such as the National Research Council of Canada, National Resources Canada, and its associated departments, and the Natural Sciences and Engineering Research Council of Canada.
          • Research chair positions, including Canada Research Chair and Canada Excellence Research Chair, and similar research chair positions.
          • Workers benefit from fee exemption as per R299(e).
      • Enumerated Charitable or Religious WorkLMIA Exemption Category R205(d) – These programs or agreements, falling under LMIA exemption R205(d), encompass:

        • Temporary workers that are exempt from work permit processing fees according to R299(f).
        • Temporary workers are not permitted to receive compensation for their services but may be eligible for a living expense stipend, which should be below the prevailing minimum wage, or non-monetary benefits like housing and healthcare.
      • The document substantiating the fee exemption, submitted with the job offer, must clearly outline the worker’s remuneration for the exemption to be considered valid. A simple indication of the employer’s charitable or religious affiliation is inadequate.

POST-SUBMISSION OF EMPLOYMENT OFFER

  • Receive the offer of employment number through the Employer Portal.
  • Provide the 7-digit number to the potential temporary worker, enabling them to finalize and submit the work permit application.

APPLICATION FOR A WORK PERMIT

  • Applicants Outside Canada:

If applying online from outside Canada, the worker will obtain a port of entry letter and a work permit upon approval and arrival.

  • Applicants Eligible to Apply in Canada:

Approved applicants will receive a mailed work permit, and not a port of entry letter.

  • Applicants Eligible to Apply at a Port of Entry:

The border services officer will assess eligibility and issue a work permit if requirements are met.

GET LEGAL HELP

Securing legal assistance when applying for the International Mobility Program (IMP) is not only beneficial but also advisable for several reasons. Immigration laws are intricate, subject to frequent changes, and navigating them successfully requires specialized knowledge. Legal professionals specializing in immigration law can provide crucial insights into the latest regulations, ensuring your application aligns with the necessary requirements and minimizing the risk of errors or oversights. Their expertise extends to understanding the specific eligibility criteria for different IMP streams, allowing for a tailored approach that addresses your unique circumstances. By leveraging legal guidance, you enhance the precision and completeness of your application, thereby increasing the likelihood of a successful outcome. Moreover, legal experts can efficiently handle any complexities that may arise, offering peace of mind throughout the application process.

CONCLUSION

The International Mobility Program (IMP) stands as a vital conduit, intertwining the ambitions of global talent with the regulatory framework governing immigration. Operating under the premise of LMIA exemptions, the IMP facilitates the hiring of temporary workers for various categories, each demanding specific considerations and compliance. Navigating the application process involves meticulous steps, from the submission of employment offers and hiring French-speaking or bilingual workers to engaging overnight camp counsellors. Exemptions, ranging from open work permits to diplomatic missions, underscore the program’s flexibility. Post-submission, obtaining an offer of employment number initiates the next phase, culminating in the application for a work permit. However, the complexity of immigration laws necessitates careful consideration, making legal assistance paramount. Legal professionals adept in immigration law not only ensure compliance with evolving regulations but also provide tailored guidance, enhancing the accuracy of applications. This personalized approach mitigates the risk of errors, offering a streamlined process with a higher probability of success. As the IMP continues to serve as a gateway for global talent, seeking legal help emerges as a strategic and advisable step in navigating the intricacies of the immigration landscape. Kozyrev Law is committed to delivering unparalleled legal services, driven by a dedication to excellence and a client-centric approach. Our experienced and knowledgeable team is devoted to providing comprehensive and innovative legal solutions tailored to meet the unique needs of our clients. With a focus on responsiveness, integrity, and a deep understanding of evolving legal landscapes, we strive to exceed expectations in delivering top-notch legal representation. Kozyrev Law is not just a legal service provider; we are your trusted partners in navigating complex legal matters, ensuring clarity, and achieving optimal outcomes for our valued clients.

Note: The information presented in this article is not intended to constitute legal advice. It is recommended to refer to official government publications and guidelines for accurate and up-to-date information. For obtaining legal advice tailored to the specific circumstances of your case, it is advised to consult with a qualified professional.

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