Canadian Immigration Guide For Businesses

February 2017

About Dale & Lessmann LLP

We serve world businesses in the Canadian marketplace.

Tracing our origins back to 1919, Dale & Lessmann LLP has been advising leading Canadian and global businesses for de- cades. Our commitment to excellence, timeliness and outstanding client service remains unchanged. Our clients know that they can rely on our ability, international perspective and commitment to long-term client relationships.

Our Services

Our team provides corporate legal services to Canadian and international businesses in the Canadian marketplace, with a full view of business needs. We maintain na- tional and international networks with law firms and professional practices in major markets around the world. Our affiliate network allows us to meet the diverse nesses recruit and relocate skilled workers and labour shortages and in bringing in- business needs of our clients with quality abroad to fill contracts and business needs, ternational staff to Canada to engage in and effectiveness, while maintaining the and international companies send employ- business on their behalf, and highlights efficiencies of a mid-sized firm that our ees to Canada on their behalf to engage in important considerations for employ- clients want. international business activities. ers, including employer compliance responsibilities. Recognized Leadership It is critical for Canadian employers to know their options for bringing foreign Introduction Our lawyers are recognized as leaders in talent to Canada and to have an immi- international business circles, industry gration strategy from the outset to avoid There are many options for employers groups and professional associations in delays or refusals of their workers entering seeking to access temporary foreign talent Canada and around the world, and are Canada, which impacts business opera- and for international business persons en- regularly requested to give presentations tions, contracts and profits. tering Canada to engage in business activ- and comment on legal issues in the media. ities. Some individuals require work per- Our lawyers are also leaders in the com- Setting out an immigration plan is a key mits before they can enter Canada, while munity and are involved in community step in achieving business needs and to others may not need a work permit and can organizations. ensure that no time or cost is wasted qualify as business visitors for short-term because a project or office could not be visits. Immigration, Refugees and Citi- About Our Canadian properly staffed due to immigration hur- zenship Canada (IRCC) governs Canada’s Immigration Guide dles or delays. immigration system. The Government of For Businesses Quebec administers the selection process, This Guide provides an overview of the and its own immigration categories, for Every year, businesses conduct cross-bor- most popular ways that Canada’s immi- those foreign nationals intending to reside der commerce activities and experience gration policy can benefits employers in in the Province of Quebec. labour and skill shortages. Canadian busi- addressing and filling temporary skill Canadian Immigration Guide For Businesses ( cont’d)

February 2017

Workers that Do Not Need a Temporary Resident Visa

TRV-exempt foreign nationals can apply for work permits upon entry to Canada (i.e. at an airport or land crossing) and have their work permit issued on site. While this process allows some TFWs to avoid long processing times at visa offices, there is no guarantee that a work permit will be approved before the foreign national trav- els to Canada, so there is a potential risk of refusal when the foreign national arrives in Canada. A refused application at the port of entry generally means that the foreign national is denied entry to Canada and has to return to their country of origin. Ul- timately, the admitting border officer has the discretion to grant or deny anyone en- try to Canada.

The Work Permit: Obtaining A How Long Can Work Permits be Who Needs One? Work Permit: Issued For? The Process Whether an individual needs a work per- The maximum duration is generally three mit or not depends on their intended duties Some Workers Need a Temporary years. However, this can be restricted or and responsibilities in Canada. As a gener- Resident Visa Before Entering Canada extended in some cases. The duration of al rule, when a foreign national performs the work permit will be at the discretion work in Canada, he or she requires a work The work permit process depends on of the immigration officer who issues the permit. Work permit holders are called whether the foreign worker requires a work permit. Extensions can be obtained, Temporary Foreign Workers (TFWs). Temporary Resident Visa (TRV) or is but this is an active process and is not done TRV-exempt. A TRV is a travel visa that automatically. Extensions are normally ap- Generally, work means activities for which citizens of some countries need before they plied for from inside of Canada but can be wages/commission is earned or activities can travel to Canada, in addition to a work obtained at a port-of-entry in some cases. that compete with the Canadian labour permit that gives them the right to work market and take away opportunities for once they arrive in Canada. Foreign na- Work Permit Conditions Canadians. Competing activities include tionals who need a TRV have to apply at those that a Canadian should have the op- a visa office abroad for a TRV first, before Work permit conditions come in two portunity to do or that are competitive in they can travel to Canada. A work permit general types. Restricted, or closed, work the Canadian marketplace, instead of in- application filed at a Canadian visa office permits have conditions defining the al- ternational in scope, for example. includes a request for a TRV. lowable location (i.e. city, province), oc- cupation and employer. Sometimes, work Activities that are not considered work are Where a TRV is required, the processing permits can be restricted to one occupation those that do not take opportunities for time for an application varies but gener- and employer but the location can allow a employment away from Canadians, which ally ranges between one to six months. It worker to work across Canada at different are international in scope, and do not com- can take longer if a medical examination office or client sites. Unrestricted, or open, pete directly with the Canadian market- or police clearances are required, which work permits allow TFWs to work in any place. These foreign nationals are covered depends on where the foreign national re- occupation across Canada for any employ- below, under Business Visitors. sides, or has resided in the past. er, with the exception of jobs in health- Canadian Immigration Guide For Businesses ( cont’d)

February 2017 care, childcare or early childhood educa- tion unless a special medical examination has been completed. The Canadian Work Permit Programs

There are two types of TFWs: those that fall under the Temporary Foreign Work- er Program and require employers to get confirmation from Employment and So- cial Development Canada (ESDC), and those that fall under the International Mo- bility Program and are exempt from this confirmation. The Labour Market Impact Assessment (LMIA) is a confirmation that some employers will need to obtain from ESDC before hiring a TFW.

1. LMIA-Based Workers fall under the Temporary Foreign Worker Program (TFWP). Employers of these workers require a positive Labour Market Im- pact Assessment (formerly called a La- bour Market Opinion, or LMO) before demonstrate that no qualified Canadian to attest to ESDC that the hiring of a TFW the TFW starts work in Canada. citizen or permanent resident is available will not displace Canadian workers or un- to do the job. Once a positive LMIA is re- dercut the wages of qualified Canadians, 2. LMIA-Exempt Workers fall under ceived, the TFW can then travel to Cana- and confirm their commitment to other the International Mobility Program da and start work. There are additional re- compliance requirements. (IMP). These workers do not require a quirements for TFWs destined for Quebec LMIA. Employers can bring workers in that require LMIAs. Recruitment under this category to gain competitive advantages in the Canadian labour mar- The LMIA process is difficult and lengthy Employers must follow a very specific re- ket, while avoiding the time and cost of for employers and has been subject to regular cruitment process and advertise the posi- applying for a LMIA. government reforms. As a strategy, it should tion for at least one month before a LMIA be the last resort for employers bringing in application can be submitted. The recruit- The Temporary Foreign TFWs to avoid wasting time and money. ment must be a genuine effort to locate a Worker Program: Labour qualified Canadian citizen or permanent Market Impact Assessments The LMIA Application Process resident for the role in Canada and must satisfy ESDC’s strict requirements, which The LMIA process is a part of the Tem- Employers must advertise and recruit Ca- are often incongruous to long-established porary Foreign Worker Program that is nadian talent by posting advertisements recruitment practices in Canada. Even a administered by ESDC. Generally, anyone and interviewing potentially qualified justifiable deviation from ESDC’s mini- who is not a Canadian citizen or perma- Canadians. Employers also have to satisfy mum requirements can mean that a LMIA nent resident requires a work permit before ESDC that the wages and working condi- application can be refused, setting employ- they can work in Canada and falls under tions offered are equal to local standards ers back months. this category, unless they qualify for a spe- based on government-set prevailing wage cial exemption. Where a LMIA is need- levels. These wage levels vary by region Once a positive LMIA has been issued a ed, the employer must apply to ESDC and and occupation. Employers will also need TFW can apply for a work permit (and Canadian Immigration Guide For Businesses ( cont’d)

February 2017

TRV, if required) authorizing their em- guidelines regarding which corporate Free Trade Agreement Professionals ployment for the specific role in Canada. relationships qualify; Canada is party to a number of interna- The LMIA Should be a • Have been employed by the interna- tional free trade agreements (FTAs) that Last Resort Strategy tional affiliate on a full-time, contin- include LMIA-exempt work permit cat- uous basis for at least one year in the egories to facilitate trade between mem- Employers should understand that partic- three year period preceding the transfer ber states. The United States, Mexico, ipation in the Temporary Foreign Worker to Canada; Peru, Chile, Korea and Colombia all have Program requires a number of undertak- Free Trade Agreements with Canada that ings and disclosure of confidential infor- • Have been employed by the interna- provide less rigorous requirements for mation regarding the company’s opera- tional affiliate in either an executive, intra-company transfers. Highlights of tions in Canada. This includes adherence senior managerial or specialized knowl- the most popular FTAs used to bring to the pay and working conditions set out edge role. IRCC has set out specific TFWs to Canada are included below. in an approved LMIA and the intention guidelines regarding specialized knowl- to either help the TFW transition to Ca- edge. Generally, it means an employee The North American Free Trade nadian permanent residence or to train a who has an advanced level of expertise Agreement (NAFTA) Canadian for the job in the long term. The and proprietary knowledge of the process can take several months and is not company’s product, service, research, The North American Free Trade Agree- an option for employers who need to fill equipment, techniques or management ment (NAFTA) is the most common FTA immediate labour shortages. Some options and where that knowledge is uncom- employers use to bring TFWs to Canada. for quicker processing exist for short-term mon in the organization; NAFTA exemptions are open to Mexican positions or positions that are offering high and US citizens, including citizens of the wages, as defined by government wage • Are being transferred from their role District of Columbia and Puerto Rico. information. Ultimately, the LMIA pro- abroad to a similar role in Canada; and Permanent residents of US and Mexico do cess is not the best way for businesses to not qualify. fill long-term employment shortages and • Are not inadmissible and will comply should be a final resort. with existing immigration regulations NAFTA Professionals related to temporary entry. The International Mobility US and Mexican nationals who are qual- Program: Lmia-Exempt The intra-company transfer category re- ified for a designated profession (from the Work Permits quires that the Canadian company be ac- NAFTA professionals list), and are en- tively doing business in Canada. Interna- tering Canada to work in that designated Work permit categories that do not require tional businesses with affiliated Canadian profession, can obtain a three year work a LMIA fall under the International Mo- start-up operations can use this category, permit. There is no limit to the number of bility Program, administered by Citizen- but the initial work permit duration of three year extensions that can be granted ship and Immigration Canada. Some of the transferees will be limited to ensure the to a NAFTA Professional, but intent to re- most common LMIA-exempt categories company is viable before IRCC issues a side permanently in Canada can be an issue are outlined below. longer work permit. in the long term.

Intra-Company Transferees Intra-company transferees in specialized Mexican nationals require TRVs before knowledge roles are permitted to extend entering Canada and must first apply at a The intra-company transfer category is one their work permits for up to five years. visa office outside of Canada. US nationals of the most popular ways for global compa- TFWs in executive or senior manageri- can apply for a NAFTA work permit di- nies to bring TFWs to Canada. The catego- al roles can extend for up to seven years. rectly at a Canadian port-of-entry. ry is open to nationals of any country who: Work permit durations are counted in terms of physical presence in Canada so, if To qualify as a NAFTA Professional, the • Are currently employed by an in- a TFW has spent time outside of Canada, foreign national must: ternational affiliate of the Canadian they may be able to recapture that time to- employing company. There are specific ward their total duration. • Be a citizen of the US or Mexico; Canadian Immigration Guide For Businesses ( cont’d)

February 2017

alyze operations and provide solutions and recommendations for resolving strategic and operational issues. The hallmark of a Management Consultant is that they pro- vide recommendations and advice; howev- er, they do not perform the work of im- plementing their recommendations. The lifecycle of a Management Consultant’s work includes examining operations to define issues, reporting findings to the cli- ent and working with the client to design working solutions, which are then carried out by the client.

Management Consultants can be in- dependent contractors or employees of consulting firms contracted by Canadian businesses. The services are provided on a temporary, periodical or on a fixed basis versus full-time employment.

To qualify, the TFW must possess five years of related experience as a manage- ment consultant or hold a related and qual- • Be qualified to work in a designated must have a degree in Hotel Management ifying degree. profession (i.e. hold a related bachelor/ in order to qualify under this category, post-secondary degree and, if applica- whereas as a Computer Systems Analyst General Agreement on Trade in ble, a professional license), as per the might qualify with a Master of Business Services (GATS) list of professions and requirements Administration. Further, those applying included in the NAFTA; as Engineers have wide latitude in the The General Agreement on Trade in Ser- types of engineering and educational back- vices (GATS) allows citizens of countries • Have pre-arranged employment with ground that qualify. For example, it might party to the World Trade Organization to a Canadian employer (i.e. have a job be possible for someone with a degree in obtain work permits valid for three months offer from a Canadian employer) in Computer Engineering to obtain a work in any twelve month period, when quali- a position related to the designated permit under this category to authorize fied to work in a designated profession, as profession; and employment as a Software Engineer. The covered under the GATS. Permanent resi- key consideration is whether the knowl- dents of member states do not qualify. • Not be inadmissible and comply with edge gained through the educational pro- existing immigration regulations relat- cess is required to successfully complete The requirements under the GATS are ed to temporary entry. the proposed duties in Canada. more restrictive than under other FTAs and this category is most useful for short- The NAFTA requires that the applicant’s NAFTA Professionals: Management term assignments, or to bring qualified job in Canada be related to one of the des- Consultants workers to Canada without delay while an ignated professions and that their educa- employer completes the LMIA process or tional background be related to that work. Under the NAFTA, Management Con- finds an alternative strategy. With the exception of Hotel Managers, sultants can come to Canada to provide there is no requirement that the degree be services that improve the management, The Canada-European Union: in the exact same field as the proposed role operations and economic performance of Comprehensive Economic and Trade in Canada. For example, a Hotel Manager companies. Management Consultants an- Agreement (CETA) Canadian Immigration Guide For Businesses ( cont’d)

February 2017

The Canada-European Union: Compre- The Canada-Chile Free Trade International Experience hensive Economic and Trade Agreement Agreement (CCFTA) Canada Program (Working (CETA) was approved and signed by Can- Holiday Programs) ada and the European Union on October The Canada-Chile Free Trade Agreement 30, 2016. Ratification and implementation (CCFTA) mirrors the NAFTA closely, but The International Experience Canada of CETA by the European Parliament and has its own list of designated professionals (IEC) program, commonly referred to as EU national parliaments is expected to un- and required educational and credential the Working Holiday Program, allows na- fold during 2017. criteria based on the Chilean education sys- tionals of certain countries to obtain one or tem. This category only applies to Chilean two year open work permits. There are dif- CETA will provide the legislative basis nationals, permanent residents do not qual- ferent categories and criteria for each partic- for a multitude of work permit categories, ify. Workers eligible under the CCFTA can ipating country. Generally, the TFW must which seek to improve bilateral relation- obtain work permits valid for a one year pe- be between 18 and 35 (sometimes 18-30). ships and to increase trade. Specifically, it riod, with one year renewals allowed. Each country has its own categories, some will seek to provide exemptions to labour allow TFWs to enter Canada without a job market testing for foreign nationals seek- The Canada-Peru Free Trade offer from a Canadian employer, while oth- ing to incorporate and establish businesses Agreement (CPFTA) ers allow entry for Co-Op students or indi- in Canada. European companies seeking viduals with a Canadian job offer. to expand in the Canadian marketplace The Canada-Peru Free Trade Agreement will be able to send their senior executives (CPFTA) is more inclusive than the FTAs This can be a good option for employers who or subject matter experts to commence above. There is a list of technicians in the want to transfer an employee, or hire a TFW, operations, and then send inta-corporate CPFTA that qualify, including many engi- when the TFW is not employed with an affil- transfereese in either senior managerial or neering professionals. Generally, any pro- iated company outside of Canada (or has not specialists positions. fession classified as high-skilled by the Ca- been employed for at least one year) and does nadian government that is not excluded by not fit under any free trade agreement. Unlike other FTAs, CETA will also allow this agreement will also qualify. In contrast the direct provision of services from Eu- to the other FTAs, professions that do not Work Permits And Temporary rope to Canadian clients. This will prove qualify are indicated in a negative list in Status For Accompanying useful for companies that do not intend to the CPFTA, including health, education, Family Members Of Temporary create a permanent establishment in Can- social services, and cultural professions. Foreign Workers ada, but still wish to bid for service con- This category is open to both Peruvian na- tracts. Both companies and independent tionals and permanent residents. Workers Generally, high-skilled TFWs who have professionals will have options for work eligible under the CPPTA can obtain work been, or will be, granted work permits for permits under this accord. Open spousal permits valid for a one year period, with at least 6 months in duration will qualify work permits will continue to be issued one year renewals allowed. their spouse or common-law partner for an under CETA to both spouse and com- open work permit for the same length as the mon-law partners. The Canada-Colombia Free Trade TFW’s work permit. Agreement (CCoFTA) The Canada-Korea Free Trade An open work permit allows the spouse to Agreement (CKFTA) The Canada-Colombia Free Trade Agree- work in any occupation (with some restric- ment (CCoFTA) is effectively identical to tions in healthcare, childcare and early child- The Canada-Korea Free Trade Agreement the Canada Peru FTA, including a nega- hood education, unless the spouse has been (CKFTA) mirrors the NAFTA closely, but tive list of professionals who do not qualify medically examined), for any employer and there are a number of differences, specifi- and a list of technicians who do qualify. in any location across Canada. cally with respect to Business Visitors and This category is open to Colombian citi- Professionals. Additionally, the CKFTA zens and permanent residents. Work permits for spouses and common-law also allows an additional category under partners can be easily obtained if they are ac- the Intra-Company Transferee stream, for Workers eligible under the Canada-Colombia companying the primary TFW to Canada, or Management Trainees on Professional de- FTA can obtain work permits valid for a one following after the TFW has already entered velopment assignments. year period, with one year renewals allowed. Canada. Canadian Immigration Guide For Businesses ( cont’d)

February 2017

No special programs exist for obtaining work permits for dependent children of TFWs; however, visitor or student status can be obtained for accompanying chil- dren aged 18 and under. Compliance

The federal government has implemented compliance measures for employers bring- ing TFWs to Canada. These measures exist so the government can monitor Canada’s use of TFWs, ensure that employers are not using foreign workers to displace Canadians and to gather statistics that relate to Cana- da’s immigration policies and goals.

Generally, employers bringing LMIA-ex- empt TFWs into Canada must submit in- formation about the business and job offer to the government and pay a compliance fee that assists the government in the ad- ministration of its compliance measures.

Employers hiring both LMIA-confirmed rectly to the public or competing with Ca- • Engage in business that is internation- and LMIA-exempt workers are also sub- nadian businesses) requires a work permit. al in scope, where the accrual of any ject to other compliance requirements and profits from their activities remains attestations relating to wages and working Business visitors are generally eligible to predominately outside of Canada (for conditions for TFWs. It is important for visit Canada for up to six months at a time; example, they cannot be in Canada to employers to understand their compliance however, some business visitors might stay sell goods or services where profits flow commitments as non-compliant employers for a week or two, or enter Canada peri- to a Canadian company). can face government fines and temporary odically throughout the six month period. bans from accessing foreign workers. Extension of business visitor status can What Can Business Visitors Do? sometimes be obtained. The Business Visitor: Business visitors can engage in many ac- Engaging In International Business visitors must: tivities, including, but not limited to: Business Activities • Not have the intention of entering the • Attending business meetings, Board of Some foreign nationals do not need a work Canadian labour market (i.e. taking Directors meetings and conferences; permit to enter Canada to engage in busi- a gainful employment position in ness activities. This can apply when there is Canada); • Public speaking; no entry into the Canadian labour market, no opportunity is being taken away from a • Have their primary source of remuner- • Providing after-sales services; Canadian and the foreign national’s activi- ation coming from outside of Canada ties are international in scope. These foreign (i.e. not being paid by a Canadian • Supervising the installation of spe- nationals are called Business Visitors. company); cialized merchandise that has been purchased or leased from outside of Any activity that is competitive in the Ca- • Have their primary place of employ- Canada; nadian marketplace (i.e. selling goods di- ment outside of Canada; Canadian Immigration Guide For Businesses ( cont’d)

February 2017

• Providing training or familiarization Businesses can utilize third parties for af- This Guide is intended as a brief overview services to prospective users and sales ter-sales only if the original sales agreement of the most popular ways that employers persons for goods and services man- indicates that a third party has been, or can can access TFWs and engage in interna- ufactured and developed outside of be, contracted to provide those services. tional business activities in Canada, and Canada; includes important immigration consider- If there is no agreement or warranty cov- ations for businesses. • Providing or receiving training at ering after-sales services, a work permit an affiliated Canadian entity of their (and potentially a LMIA) will be required. For information on permanent residence, employer outside of Canada, as long and transitioning foreign nationals to Ca- as any production of goods or services After Sales Trainer and Trainee nadian permanent residence, please view resulting from the training is incidental Business Visitors our other immigration resources. (i.e. not directly generating profits for the Canadian company); Business visitors can also enter Canada to If you or your business have questions provide training or familiarization services about the content of this Guide or imple- • Providing equipment installation to prospective users or maintenance staff of menting a Canadian immigration strategy, services for an affiliated Canadian a purchasing company after the purchase we encourage you to reach out to our ex- company; or or lease of equipment or software from perience Immigration Practice Group. outside of Canada has been done. • Ensuring that a Canadian company, Questions? when contracted by a foreign company, Intra-Company Training and is doing the job that they were con- Installation Business Visitors Dale & Lessmann LLP invites you to tracted to do and meeting the require- contact our experienced Immigration ments of the contract with the foreign Business visitors employed by companies Practice Group for assistance and company. outside of Canada can enter to train an guidance in connection with your affiliated Canadian company, or receive Business Immigration matters. After Sales Service Business Visitors training from that company, when their employment and remuneration remains Sven Walker Business visitors can enter to provide af- outside of Canada. The business visitor Partner ter-sales services on industrial equipment cannot perform any hands-on work or t: 416-369-7848 and software including supervising in- construction and any accrual of profits f: 416-863-1009 stallers, repair and servicing and setting from the training activities must be in- [email protected] up and testing. Business visitors cannot cidental. In other words, their training perform the actual hands-on work of op- services cannot be generating profits for a Richard Leuce erating machinery or equipment, building Canadian company. Manager, Immigration Practice Group or construction work or producing com- t: 416-369-7812 puter software. Conclusion f: 416-863-1009 [email protected] The equipment or software must be pur- In today’s international marketplace where chased or leased from outside of Canada businesses constantly engage in cross-bor- and the services must be covered by an der activities, it is important for Canadian original or extended sales agreement, lease employers to be aware of immigration re- agreement, warranty or service contract. quirements when operating their business The service contract must have been ne- in Canada and determining the best way gotiated as part of the original sales or to fill labour shortages. International com- lease agreement, or be an extension of the panies must also be aware of what their original agreement. A service contract ne- employees can and cannot do in Cana- gotiated with third parties after the orig- da as business visitors and how they can inal sales or lease agreement was signed utilize foreign talent to expand operations is not covered. in Canada. Canadian Immigration Guide For Businesses ( cont’d)

February 2017

Glossary Of Terms Immigration, Refugees and Citizen- Temporary Foreign Worker Program ship Canada (IRCC): department of (TFWP): Immigration program that in- Canada Border Services Agency the Government of Canada that is respon- cludes all streams of work permits where (CBSA): department of the Government sible immigration and citizenship issues Labour Market Impact Assessments are re- of Canada that is responsible for the en- and administers the International Mobil- quired. Administered by Employment and forcement of immigration and customs ity Program. Also administers compliance Social Development Canada (ESDC). laws at Canadian port of entries, thereby measures for the International Mobility determining the admissibility of goods and Program. Temporary Resident Visa (TRV): visa persons into Canada. issued by Citizenship and Immigration International Experience Class (IEC): Canada that allows foreign nationals from Canada-Chile Free Trade Agreement commonly known as the Working Holi- certain countries to travel to and enter (CCFTA): a free trade agreement be- day Program. Allows nationals of certain Canada. tween Canada and Chile that allows for countries between the ages of 18-35 (or the temporary entry of eligible temporary 18-30) to temporarily work in Canada, foreign workers in some occupations. sometimes with or without a Canadian job offer. Canada-Peru Free Trade Agreement (CPFTA): a free trade agreement be- International Mobility Program tween Canada and Peru that allows for the (IMP): Immigration program that in- temporary entry of eligible temporary for- cludes all streams of work permits that are eign workers in some occupations. exempt from the requirement to obtain a Labour Market Impact Assessment. Ad- Citizenship and Immigration Cana- ministered by Immigration, Refugee and da (CIC): previous departmental name of Citizenship Canada (IRCC). IRCC. See below. Labour Market Impact Assessment Employment and Social Develop- (LMIA): document that some employers ment Canada (ESDC): department may need before hiring a temporary for- of the Government of Canada that is re- eign worker. An application for a Labour sponsible for Labour Market Impact As- Market Impact Assessment involves testing sessments and administers the Temporary the Canadian labour market and proving Foreign Worker Program. Also adminis- that no Canadian is available to perform ters compliance measures for the Tempo- the job. rary Foreign Worker Program. Labour Market Opinion (LMO): the Free Trade Agreement (FTA): agree- former name for Labour Market Impact ment between two or more countries to Assessments. establish free trade areas where commerce in goods and services, often including the North American Free Trade Agree- mobility of workers between member ment (NAFTA): a free trade agreement states, can be conducted cross-border. between Canada, the US and Mexico that allows for the temporary entry of eligible General Agreement on Trades in Ser- foreign workers in certain occupations. vices (GATS): a free trade agreement between party states of the World Trade Temporary Foreign Worker (TFW): Organization that allows for the tempo- foreign national who has authorization to rary entry of eligible temporary foreign temporarily work in Canada and who has workers in some occupations. been issued a work permit.

About Us

Every year, Canadian employers seek to address labour and skill shortages through the temporary recruitment and relocation of skilled workers from abroad. On the surface it would seem that foreign recruitment offers employers a simple and valuable opportunity to get the job done. However, bringing a temporary foreign worker to Canada is not without risk. If not undertaken properly, the foreign worker may face unnecessary delays in entering Canada or be denied the opportunity to work in Canada altogether. It is, therefore, vitally important that employers fully familiarize themselves with the Canadian immigration process to avoid impairing the operation of their business. Dale & Lessmann LLP's Immigration Practice Group offers a specialized range of immigration and international mobility services to ensure a seamless process for businesses, employees and any accompanying family members. The law firm provides seamless immigration solutions to businesses from around the world. We have extensive experience in assisting clients on major projects, intra-company transfers, and in obtaining business visitor status, work permits, temporary resident visas and permanent resident status. Our Business Immigration brochure outlines the various programs related to Canadian business immigration. We invite you to contact us to further discuss your immigration needs. The following highlights some of our recent representative work:

• Acting on behalf of a world leading logistics solutions provider from Germany. The client was contracted by one of Canada's leading grocery retailers, to design, commission and service the software, electronics and machinery of a 500,000 square foot, state-of-the-art automated distribution centre in Ontario. This multi-million dollar project involved the transfer to Canada of approximately 320 foreign workers from Europe and the USA. • Acting on behalf of an Australian supply chain management company in the relation to the transfer of its consultants to Canada for the purpose of having them optimize the mining operations of several international mining conglomerates. • Acting on behalf of a UK-based negotiation strategy company in relation to the transfer of its consultants to Canada from the USA and the UK for the purpose of having them engage in consulting work for a number of Fortune 500 companies. • Acting on behalf of Dutch company in relation to the transfer of its workers to Canada for the purpose of having same engage in the installation of mushroom growing production facilities in British Columbia. • Acting on behalf of Norwegian aquaculture company in relation to the transfer of its workers to Canada for the purpose of having same engage in the set-up of fish farms in British Columbia for Canada’s largest seafood company. • Acting on behalf of German company in relation to the transfer of its workers to Canada for the purpose of having same install printing presses in Vancouver, Calgary, Toronto and Montreal. The printing presses were purchased by Canada’s largest printing company. Acting on behalf of German company in relation to the transfer of its workers to Canada for the purpose of having same install specialized roof lighting systems at a 165,000 square foot production facility for wind energy components in Matane, Quebec.

want to immigrate to Canada, easiest way to immigrate to Canada, immigrate to Canada from Germany, immigrate to Canada from Austria, doing business in Canada, incorporating a business in Canada, what are NAFTA work permit, how do I qualify as a NAFTA professional, Canadian immigration assessment, how many points do I need to immigrate to Canada, how difficult is it to obtain a Canadian work permit, what is the process to obtain a Canadian work permit, how easy is it to extend my temporary resident status, how easy is it to extend my work permit, extending international experience Canada work permit, applying under foreign skilled worker classwant to immigrate to Canada, easiest way to immigrate to Canada, immigrate to Canada from Germany, immigrate to Canada from Austria, doing business in Canada, incorporating a business in Canada, what are NAFTA work permit, how do I qualify as a NAFTA professional, Canadian immigration assessment, how many points do I need to immigrate to Canada, how difficult is it to obtain a Canadian work permit, what is the process to obtain a Canadian work permit, how easy is it to extend my temporary resident status, how easy is it to extend my work permit, extending international experience Canada work permit, applying under foreign skilled worker classwant to immigrate to Canada, easiest way to immigrate to Canada, immigrate to Canada from Germany, immigrate to Canada from Austria, doing business in Canada, incorporating a business in Canada, what are NAFTA work permit, how do I qualify as a NAFTA professional, Canadian immigration assessment, how many points do I need to immigrate to Canada, how difficult is it to obtain a Canadian work permit, what is the process to obtain a Canadian work permit, how easy is it to extend my temporary resident status, how easy is it to extend my work permit, extending international experience Canada work permit, applying under foreign skilled worker classwant to immigrate to Canada, easiest way to immigrate to Canada, immigrate to Canada from Germany, immigrate to Canada from Austria, doing business in Canada, incorporating a business in Canada, what are NAFTA work permit, how do I qualify as a NAFTA professional, Canadian immigration assessment, how many points do I need to immigrate to Canada, how difficult is it to obtain a Canadian work permit, what is the process to obtain a Canadian work permit, how easy is it to extend my temporary resident status, how easy is it to extend my work permit, extending international experience Canada work permit, applying under foreign skilled worker class

german speaking lawyer Toronto, german speaking lawyers Toronto, german speaking immigration lawyers Toronto, german speaking immigration lawyer Toronto, romanian speaking lawyer Toronto, romanian speaking immigration lawyer Toronto, Romanian speaking immigration consultant Toronto, how do I get a Canadian work permit, how do I get a Canadian study permit, how can I extend my work permit, how can I extend my study permit, how can I apply for permanent residency, how can I apply for Canadian permanent residency, do I qualify for a work permit, do I qualify for a study permit, do I qualify for a business visa, am I a business visitor, do I qualify for after sales services, providing after sales services in Canada, applying for a work permit, applying for a Canadian work permit, applying for a study permit, applying for a Canadian study permit, applying for a visitor visa, applying for a Canadian visitor visa, applying for a tourist visa for Canada, applying for a business visitor visa for Canada, applying for a labour market impact assessment, what is labour market impact assessment, application for labour market impact assessment, applying for LMIA, what is LMIA, application for LMIA, what is a post graduate work permit, when can I apply for a post graduate work permit, where can I apply for a post graduate work permit, how do I make an immigration application, good immigration lawyers Toronto, excellent immigration lawyers Toronto, affordable immigration lawyers Toronto, german immigration lawyer Toronto, what are my chances to immigrate to Canada, I