Welcome to the second episode of our Hiring Global Tech Talent blog series.
In the first entry of the series, we discussed how to discover top-tier global talent for your tech company. Let’s assume that you have found the perfect talent who ticks all the boxes. What’s the next step? Bringing them here, a.k.a., helping them to become a temporary resident in Canada as a worker (a temporary foreign worker or TFW).
That’s when the situation gets a bit tricky.
There are many types of work permits, each comes with its own eligibility criteria. There are also nuances in Immigration Refugees and Citizenship Canada’s (IRCC) policy regarding remote work, allowable duration of employment, occupation restrictions, and more.
Therefore, obtaining a work permit for a TFW and ensuring company compliance requires an understanding of the Canadian immigration system and the processes that are required before the worker can travel to Canada and start their employment.
Different Pathways of Obtaining Work Authorization
There are numerous categories available for a foreign national to obtain Canadian work authorization. We have outlined some of the commonly used categories below; however, this is by no means exhaustive.
The applicability of these categories and utilizations depends on several factors, including educational credentials, employment experience, nationality, and occupation being offered in Canada. Sometimes, a foreign national will be eligible for more than one category and a strategic assessment must be done to determine the most appropriate and facilitative category for the situation.
So, let’s dive in:
Free Trade Agreements (FTAs)
The Canadian government has entered multiple international agreements, commonly referred to as “free trade agreements,” with other countries. These agreements reduce trade barriers and facilitate market access between countries. Canada’s agreements with the United States, Mexico, Ukraine, United Kingdom, Korea, Peru, Chile, Colombia, Panama, Japan, Australia, Brunei, Malaysia, countries in the European Union, and World Trade Organization (WTO) countries, can assist with facilitating several different categories of work permits.
These are commonly used to facilitate technicians and professional-level workers in obtaining work permits such as Engineers, Management Consultants, Architects, Computer Systems Analysts, and Veterinarians, to name a few. The professions that are encompassed do vary widely by agreement with some being much more expansive than others.
Intra Company Transfers (ICTs)
The Intra Company Transfer (ICT) work permit category applies to specialized knowledge workers, senior executives, and managers. This category is limited to individuals seeking to transfer from a branch, affiliate, parent, or subsidiary foreign entity to a Canadian company.
When the Canadian company is new or just starting operations in earnest, it is considered an ICT Start-Up application which typically requires more documentation and detail on the enterprise’s current and future business operations.
There are certain requirements to be met for the ICT category. Generally, the employee must:
- be currently employed by a company outside of Canada which has the qualifying relationship (parent, branch, subsidiary, affiliate) with the Canadian enterprise;
- have been employed continuously by that company (via payroll or by contract directly with the company) in a full-time executive, managerial, or specialized knowledge position for at least one year in the three years immediately preceding the date of their initial application;
- be seeking entry to Canada to work in a similar full-time position in a parent, subsidiary, branch, or affiliate of that enterprise in Canada;
- be undertaking employment at a legitimate establishment of that company in Canada. Both entities must remain operational throughout the duration of the transfer.
In the case of an ICT start-up, in some cases, the enterprise outside of Canada must meet the definition of a multinational corporation which requires that the enterprise has revenue-generating operations in at least two countries before establishing an enterprise in Canada. These companies must look to alternative categories, such as those for investors and entrepreneurs, to facilitate their desire to expand into Canada’s market.
The type of roles which will fall into the executive and managerial categories are more straightforward than the specialized knowledge category. To qualify as a specialized knowledge worker, it must be demonstrated that the foreign worker possesses both advanced proprietary knowledge and an advanced level of expertise.
Per IRCC’s policy, “specialized knowledge is knowledge that is unique and uncommon among the enterprise’s general workforce, and can therefore only ever be held by a small number of a given enterprise’s employees. Specialized knowledge workers must therefore demonstrate that they are key personnel with unique product knowledge or skills, not simply highly skilled.”
There are also minimum wage requirements for ICT categories where companies are expected to offer the foreign worker at or above the prevailing wage for the occupation in the region of employment.
Mobilité Francophone
The Mobilité Francophone (or French Mobility) work permit category can be a good option to utilize when hiring French-speaking foreign workers for work locations that are outside of Quebec.
Eligible applicants should be able to prove that their speaking and listening skills in French are at an intermediate level which would be equivalent to a level 5 or higher in the Niveaux de compétence linguistique canadiens (NCLC) scale. They can prove their language skills in many different ways, including, for example by providing previous education in French language or simply by including an Immigration, Refugees and Citizenship Canada-recognized French test result with the application.
It is important to note that there are no requirements for the foreign worker to have any previous experience with the company. The purpose of the program is to encourage employers to hire Francophone workers in Canada for locations outside of Quebec, thereby increasing the Francophone population across Canada.
Reciprocal Employment
The reciprocal work permit category is another option for employers who are looking to hire a worker from the global talent pool. This category is specifically for employers with a global mobility program – through which Canadian citizens or permanent residents are being provided a similar or ‘reciprocal’ arrangement to work abroad. While it is not necessary to prove an exact reciprocity (i.e., one for one), the rule of thumb is that these exchanges are reasonably similar. For example, if a company provides opportunities abroad for 15-20 Canadian citizens and/or permanent residents for its senior managerial level employees on an annual basis, then, it would be reasonable for the same company to use this type of work permit category in order to hire a similar number of global talent for their Canadian entity in a managerial position by using this work permit category.
Other Categories
The categories detailed above can be beneficial to leverage for occupations in the tech sector, which are typically skilled, or those persons being transferred to Canada as key personnel within a multinational enterprise. There are several other relevant categories and benefits offered to unique personnel and highly skilled talent:
Global Skills Strategy, expedited processing for high-skilled occupations
Foreign nationals who require a visa to travel to Canada must apply for a work permit at the consulate before they are able to commence employment in Canada. Consular processing times globally can be lengthy, reaching over 365 days in some locations. For foreign nationals applying for a work permit under the IMP and under the GTS LMIA Stream, IRCC offers expedited two-week processing as long as the applicant is applying from outside Canada, their job is under the Training, Education, Experience and Responsibilities (TEER) category 0 or 1 of the National Occupational Classification (NOC), and they have enclosed all required documents and information. This processing time is not guaranteed, however, IRCC’s commitment is to meet it in 80% of eligible filings.
Global Skills Strategy work permit exemption for high-skilled, short-duration work
This exemption can be used for those entering Canada to perform high-skill level work falling under TEER category 0 or 1 for 30 days or less. The foreign worker has the option of using the exemption for entry to Canada for 15 consecutive calendar days or less, provided six months have passed since the initial entry; or for 30 days or less and at least 12 months have passed since the initial entry under the exemption. This option is ideal for short-duration projects as it obviates the need for a work permit and facilitates urgent travel.
Significant Benefit (C10)
This work permit category is intended to address situations where the significant social, cultural, or economic benefits to Canada of issuing the work permit are so clear and compelling that the importance of a labour market test (via a Labour Market Impact Assessment which is outlined below) can be overcome.
It can be a fantastic category for extremely unique talent in the technology sector or niche industry areas, where there are no one or very few individuals who would possess a comparable profile and abilities. It needs to be shown how unique the skill set of the person is and tie that to specific and fact-based examples of how Canadians/Permanent Residents will benefit in a significant way from their presence in Canada.
Examples of significant benefit considerations can include general economic support for Canada (such as job creation, development in a regional or remote setting or expansion of export markets for Canadian products and services); advancement of a Canadian industry (such as technological development, product or service innovation or opportunities for improving the skills of Canadians); and increased health and well-being, meaning the physical and mental health of society either pan-Canada or regionally.
Labour Market Impact Assessment (LMIA)
The previously noted work permit categories fall under Canada’s International Mobility Program (IMP). Where a foreign national is not eligible for an IMP Work Permit, the employer may be required to obtain a Labour Market Impact Assessment (LMIA) under Canada’s Temporary Foreign Worker Program.
An LMIA will be issued by the government if the employer has demonstrated that there will be a neutral or positive impact on Canada’s labour market by hiring a foreign national. There are various LMIA streams, applying to high-wage workers, low-wage workers, and technology-based occupations. In most cases, the employer will be required to conduct recruitment within Canada, making a genuine effort to fill the position with a qualified Canadian or Permanent Resident of Canada.
However, for certain technology-based occupations (Category B) and companies scaling up who need to hire specialized and unique skilled talent (Category A), a recruitment exemption is afforded under the Global Talent Stream (GTS) LMIA. The GTS LMIA is a fast-track stream launched in June 2017, aiming to provide two-week processing of the LMIA and Work Permit applications for highly skilled occupations.
When applying for an LMIA under the Global Talent Stream the company is not required to show recruitment efforts. However, for the first application submitted under this stream, the company must submit a Labour Market Benefits Plan (LMBP). The LMBP demonstrates a commitment to activities that will have positive impact on the Canadian labour market.
In the LMBP, the company must commit to a minimum of one mandatory benefit and two complementary benefits. The mandatory benefit will either be job creation (for Category A) or to increase skills and training investments (for Category B). The complementary benefits can be any of the following. (please note this list is not exhaustive).
- Job creation
- Investment in skills and training
- Increasing workplace diversity
- Transferring knowledge to Canadians and permanent residents
- Enhanced company performance and implementing best practices or policies as an employer for your workforce.
Real-life Examples of Leveraging Immigration Pathways
Now that we discussed a wide range of immigration pathways above, let’s dive into some examples:
Case Study 1
Company X is a Canadian software developer headquartered in Vancouver, British Columbia. They were established in 2022 and their operations and workforce are slowly growing. They have been working on developing a new software that they are hoping will increase their market potential and revenues. They have hit a roadblock as their local workforce does not have the key skills needed for the next phase. So, they start searching outside of Canada and locate the perfect candidate, in China.
This is not a multinational company with global mobility and China does not have an FTA with Canada. The company must therefore consider obtaining an LMIA so that they can onboard this key global talent, and they want to do so as quickly as possible.
They consider recruiting and using the regular high wage LMIA stream but with the advertising period followed by a lengthy consular processing time in China, they opt to use the GTS LMIA as Software Developers are on the Category B occupation list.
The LMIA is processed within two weeks, and the Work Permit within about six weeks, adding time for biometrics and visa stamping. They are excited by this fast timeline and cannot wait to start leveraging this candidate’s skills in Canada.
Case Study 2
Company X is a multinational technology consulting company headquartered in Canada and with two different locations in the US and France. The company has been in operation since 1994 and they have established a strong global mobility program, especially in the last 10 years.
Through this global mobility program, they frequently transfer their Canadian employees abroad to the US or France for short-term assignments. These assignments are helpful for everyone in the sense that they allow the employee to gain international experience which in turn widens their horizon and extends their clientele and network.
It is also beneficial for the company when the employee familiarizes themselves with the company’s operations abroad and incorporate the newly gained knowledge into their home base location as needed.
Company X mostly leverages the French Mobility program work permits for the transfers between France and Canada. Generally speaking, the candidates in France can easily prove that they have an education in French – or if not, alternatively, they simply know the intermediate level of French language that is required for this type of work permit.
Alternatively, when hiring non-French speaking candidates to work at the headquarters in Canada, they also leverage the reciprocal work permit category as they have been providing similar opportunities for their Canadian employees by sending them abroad for temporary assignments in their other locations.
Ready to Bring Your Top Talent to Canada?
Green and Spiegel is Canada’s largest and oldest immigration law firm. They have over 60 years of experience assisting a diverse global clientele including large multinational corporations, small businesses, and individuals from all over the world.
As a full-service immigration law firm, with locations in Canada and the US, Green and Spiegel assist their clients from the beginning to the very end of their immigration journey. With their in-depth knowledge of Canadian and US immigration, Green and Spiegel lawyers and support staff work closely with employers in every stage of obtaining the proper work authorization for global talent.
Invest Ottawa is the trusted partner in discovering the best talent for global tech companies in Ottawa. Connect with our Global Talent Team today and learn more about our talent services.
To discover talent for your global tech company, connect with the Invest Ottawa Global Talent Team.
For any immigration-related questions, reach out to the team at Green & Spiegel.