By Laura Schemitsch, Canadian Immigration and Refugee Lawyer
Heron Law Offices (“HLO”) recently assisted a Canadian employer seeking to hire a senior employee who previously worked with the company under an open work permit. The employee was deemed crucial to avoid disruption to the employer’s ability to provide their services for upcoming major events since the employer was unable to find a Canadian or permanent resident with the necessary skills and experience to replace them.
Based on our understanding of the circumstances, we advised the employer and employee of the option to request an opinion from the International Mobility Workers Unit (IMWU). We believed that the worker was potentially eligible for a C10 “Significant Benefit to Canada” Labour Market Impact Assessment (“LMIA”) exempt work permit under the International Mobility Program.
According to the Government of Canada, “the International Mobility Program lets employers hire temporary workers without an LMIA where there are broader economic, cultural or other competitive advantages for Canada or there are reciprocal benefits enjoyed by Canadians and permanent residents.” For additional context:
“Significant includes but is not limited to an assessment of how the work of the foreign national will provide:
- 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)
- increased health and well-being, meaning the physical and mental health of society either across Canada or regionally”
To make a request with the IMWU, the temporary foreign worker must be:
- located outside Canada;
- eligible to apply at the port of entry (POE) (no flagpoling allowed); and
- from a country whose nationals are visa-exempt
Two weeks after submitting our request for an IMWU opinion, our client received a positive opinion for a C10 work permit. It is important to note that a border services officer may consider the IMWU opinion, but this does not guarantee entry to Canada with an LMIA-exempt work permit.
Since a C10 work permit is highly discretionary, we prepared our client with a detailed work permit application to bring to the port of entry to provide clear documentation and submissions explaining why a C10 LMIA exemption was warranted under the circumstances. Fortunately, our client was successful and obtained their work permit upon entry, allowing the employer to provide their services without disruption.
For more information about how HLO can assist your business and employees, please contact info@heronlaw.ca for a consultation.
