Canadian HR Special Immigration Bulletin July 2004

 Canadian HR Special Immigration Bulletin July 2004 Travelling to Canada? Any time you travel to Canada on business regardless of the length of the visit, an assessment is required to determine whether you will need a work permit. The following document outlines general Canadian work permit requirements for anyone travelling to Canada on Agilent business. For an assessment or questions, please do not hesitate to contact the Canadian HR team at 905 tn 282 6698. Background Who needs a work permit? In light of the events of September 11, 2001, and Normally every person who comes to Canada for “business” would the changes to Canadian immigration legislation of be required to obtain a work permit. Specifically, anytime a June 2002, the rules, practices, and procedures “foreign worker” comes to Canada and works or visits with surrounding entry to Canada have changed Agilent Canada’s customers a work permit must be significantly. It is more important than ever that obtained. This includes sales, pre-sales, post-sales, consulting, people obtain proper documentation before and training activities. traveling to Canada for any business purpose. There has been some confusion recently where Canadian Whether an employee is entering Canada as a immigration officials have told some foreign employees that they business visitor or to work on a client account or do not need work permits. This confusion stems from the issue, it is critical that the employee carry with him following…. Canadian immigration rules carve out some business or her proper documentation to explain the activities in Canada that can be engaged in by employees as purpose of their entry into Canada. “business visitors”. However, for the “exemption” from obtaining a Special considerations… work permit to apply, both for sales and after-sales service, the specialized equipment being sold or serviced must have been Any person traveling to Canada who has been purchased or leased outside of Canada. Therefore, employees charged with any criminal or even quasi-criminal from other Agilent offices coming to Canada do not meet this offence should contact our immigration lawyers to exemption. determine whether or not the charges/convictions might be a problem with respect to entering Exceptions … who doesn’t need a work permit? Canada. Exceptions apply for internal meetings and other internal Agilent business. An additional exception has been added in the last two Implications years that allows persons speaking at or hosting conferences of Immigration officials have the power to bar entry less than five days to enter Canada as business visitors rather than into Canada for anyone who does not have proper obtaining a work permit. This is useful for Agilent employees who documentation for entry or who they feel is being come to present at conferences and trade shows. In all the untruthful. Entry can be barred for 5 years to life circumstances for which employees will enter Canada as business for anyone who immigration officials decide is visitors, a letter from Agilent that explains the purpose of the visit, being deceptive. There is no appeal process. it’s duration, and the employee should carry any arrangements for remuneration. Sales Representatives There is an agency agreement between Agilent Senior Managers Canada and Agilent U.S. This means that sales Senior managers who are acting as ambassadors for Agilent when reps from Agilent U.S. can act as a sales agent of visiting customer sites may fall within special provisions which do Agilent Canada, however, there are some special not require work permits, however, letters of introduction are considerations… When working in Canada, sales required. representatives should use business cards with a The Canadian Immigration Process Canadian address and phone number or cell phone Where an Agilent employee is coming to Canada for purposes not number. They should represent themselves as described in the business visitor provisions (i.e. exempt from representing Agilent Canada. obtaining a work permit) they will have to obtain a work permit to enter Canada. For the most part these employees will be Getting a Canadian Work Permit considered to be “intra-company transferees” between an Agilent  Contact Canadian Human Resources 2 weeks company outside of Canada, and Agilent Canada. While there is no prior to departure date (Canadian HR 905 tn actual transfer, this type of notional transfer is specifically provided 282 6698) for in the immigration legislation as follows: “Intra-company  Complete the Canadian Work Permit Information transferees may be admitted for short-term assignments and may Questionnaire and provide a resume/C.V. divide work between Canada and the US or Mexico.” showing work history, home address and While we have specifically detailed the inter-company transfer education http://www.hr.agilent.com/Meidas/HOWMeidas/store/employee/ provisions between Canada, the U.S. and Mexico, similar provisions personal_details_and_life_events/general/work_permit_info_que exist for all other countries. stionnaire_en_can.doc In most cases, Agilent employees requiring work permits will be  This information will be sent to our immigration sent a package of documentation which they will present to an lawyers who will prepare a work permit immigration officer at the airport/border. The immigration officer application package. will review the documents and (it is hoped) issue a work permit to Please note: Anyone who requires a Temporary the employee. Agilent normally requests that a one-year work Residence Visa (for example, citizens of China), in permit be granted so that subsequent entries by the same addition to a work permit, will need to apply in employee will not require any administrative action. advance of entry and processing times are longer. Please contact Canadian Human Resources for more information.