by Immilaw Team | May 9, 2023 | Canada Immigration
It is a common practice in Canada to receive advice and suggestions regarding immigration from immigration consultants, paralegals and lawyers. However, it is essential to identify and understand the significant differences between these three professions before you seek any help related to immigration policies. You will be able to find that there are many eminent immigration consultants, paralegals and lawyers out there who are always willing to offer their professional services to you.
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When it comes to choosing immigration lawyer, consultant or paralegal, your goal should be to find the right person to give you proper advice and whom you can trust with the immigration process. Therefore, it is imperative to get a clear idea of the different services by conducting appropriate research before hiring immigration personnel. Read on to learn more about immigration lawyers, consultants and paralegals.
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Who can be of help?
Immigration Lawyers
To become a lawyer in Canada, you have to:
- Complete an undergraduate degree with a duration of three to four years,
- Pass a bar examination after completing a three-year degree in law,
- Complete a ten-month articling requirement after passing the bar examination. This is for getting hands-on experience under the supervision of an eminent lawyer.
Generally, lawyers get training in various subjects such as civil litigation, family law and criminal law. However, most lawyers opt to specialize in only one or two areas. Immigration law can be one of these areas of specification. Immigration and refugee law are complex areas with various rules and regulations that can keep on changing. This is why you need to get the help of a proficient immigration lawyer to get the best of the services. Lawyers are regulated by LSO, which means if you have any dispute with a lawyer, you can raise your concern at LSO. Lawyers are expected to be in “good standing” by the LSO. A lawyer in “good standing” is not under any investigation, has paid all fees and has no legal obligations. To maintain a “good standing,” the lawyers should attend twelve hours of Continuing Professional Development (CPD) annually. This indicates that the lawyers are constantly updated.
Lawyers can represent you for any immigration issue and provide you with the best legal advice. This will also include the following:
- Represent you at the Superior Court, Federal Court and Supreme Court of Canada,
- Represent you at the tribunal for your refugee hearing,
- Represent you at the tribunal for an admissibility hearing,
- Provide you opinions and legal advice on complex cases and drafting legal documents,
- Represent you in every interview between Canadian Border Services Agency (CBSA) and IRCC.
Immigration Consultants
You can always seek the help of immigration consultants to deal with your immigration case. An individual must complete a diploma or a certificate course from an accredited college to become a competent immigration consultant. Generally, the duration of the study can be one to two years. Candidates must be able to get through the Full Skills Exam once they finish their studies. Immigration consultants are provided training only in refugee and immigration law. This means they are not authorized to advise on other streams of law. The Immigration Consultants of Canada Regulatory Council (ICCRC) is the regulatory board for immigration consultants. If there is any complaint against a consultant, the same must be reported to ICCRC.
Before starting your application, you must ensure that the immigration consultant you are dealing with is on good terms with the ICCRC. For this, all you need to do is visit the official website of ICCRC and ensure it is “active status” shown for your immigration consultant on the membership list of ICCRC.
Immigration consultants are able to:
- Collate and process required documents for any application for immigration, such as study permits and visas,
- Be your representative for your tribunal hearing,
- Be of great help when writing applications for work permits, sponsorship applications, study permits, citizenship applications, refugee and sponsorship appeals.
Immigration consultants are not able to:
- Draft a legal document,
- Provide legal advice,
- Represent you in a federal court,
- Apply for a judicial review.
Paralegals
For an individual to get qualified as a paralegal, he has to complete a certified educational program from an accredited college, and three options are there for doing so:
- In one year, a paralegal certification program can be completed.
- The program solely focuses on paralegal education, as there is no need for general education.
- Generally, one can earn a paralegal diploma in two years. One can explore various areas of paralegal job activities by getting a paralegal diploma.
- Most of these paralegal diplomas have got work-placement requirements.
- It will take four years to complete a paralegal degree; for this, the person should be able to finish two years of his general education and a work placement.
Every candidate must pass a rigorous seven-hour paralegal licensing exam. In Canada, Ontario is the only province that regulates the paralegal profession. The Law Society Of Ontario (LSO) regulates paralegal professionals. Like lawyers, paralegals must attend and complete twelve hours of yearly training to maintain their professional efficacy. In case of a complaint against a paralegal, it should be reported to the LSO. Paralegals in Ontario can be your representative in small claims courts, especially for provincial offences such as traffic tickets, minor criminal charges, and tribunal hearings, including Immigration and Refugee Board. Paralegals will sometimes work with lawyers and can do their minor practices.
Paralegals are able to:
- Appeal at the Immigration and Refugee Board on your behalf,
- Represent you at an admissibility and refugee hearing,
- Collate vital information and fill out the application forms to present your file to Immigration, Refugee and Citizenship Canada (IRCC).
Paralegals are not able to:
- Represent you at a federal court,
- Apply for a judicial review.
How to choose between the three options?
Choosing the right representative can be time-consuming. However, certain tips can help you make the right choice.
- Just evaluate your situation and see how complicated it is; by doing so, you will be able to find out if the person can be of real help in your case.
- Remember that only lawyers can represent you in a Federal Court for a Judicial Review. By interacting with a lawyer, you can easily find out what type of immigration case you are dealing with.
- Go through the reviews by the previous clients.
- Consult with the Department of immigration law to check the professional’s work experience.
- Speak with various immigration consultants, paralegals and lawyers to find out how they could help tackle your issue. Talking with them is also helpful to determine if the fees are standard and that you are not overcharged.
- Visit the official websites of IRCC and LSO to find referrals
How to avoid immigration fraud?
Whether you are choosing an immigration lawyer, consultant, or a paralegal, make sure that you don’t fall into the hands of an immigration fraud. Immigration fraud can happen if, on your behalf, your representative is making a misrepresentation and that too, knowingly. Therefore, it is very crucial to protect yourself from fraud. The following are some valuable tips that can keep you protected:
- It is imperative to understand and know everything. Let your immigration consultant, paralegal, or lawyer know if you do not speak the language. You can take the help of someone who can translate for you.
- Always read the forms carefully before you sign. Never sign blank forms or forms that contain false information.
- Always keep copies of your documents safe. You can also hand over the copies to someone you trust if you cannot maintain them.
- You should note that you must attend a hearing at Immigration & Refugee Board (IRB) before your immigration claim gets denied. If someone says that your claim got denied without the need to attend a hearing, immediately seek the help of a professional immigration lawyer.
- You will be asked to sign the retainer agreement. It is a contract between your representative and yourself. This contract outlines all the services your representative provides you, the fees they will be charging for their services and the responsibilities of both parties.
- Always read your retainer and find out how much you will get charged since you can inquire about the fee listed in the agreement.
Immilaw Immigration Law Professional Corporation is one of the well reputed leading canadian based immigration law firm located in Canada. Our team of highly qualified and experienced professional lawyers help our clients with outstanding legal representation in all kind of immigration matters, making each case success. Feel free to contact us for your enquiries.
by Immilaw Team | Mar 29, 2023 | Canada Immigration
Ontario will welcome more than 18,000 skilled immigrants to the province by 2025. Federal Govt nods for approval through the Provincial Nominee Program (PNP) in coming years. The Federal Government immigration department allots nomination numbers annually to all provinces. Though no target has been set for 2024, around 16,500 nominations could be made for 2023. Ontario’s 2023 allocation is 36% of the national allocation of provincial nominees.
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In Ontario, about 300,000 vacant jobs were reported in December 2022. So there will be massive demand for skilled workers in many sectors, like technology, health care, and skilled trades, in the coming years.
According to Ontario’s Immigration Minister Monte McNaughton, 9,000 immigration spots in 2021 grew to over 18,000 in 2025. The latest announcement is a significant win for Ontario’s people and will help control the economic destiny by selecting more skilled immigrants. McNaughton requested the federal government to double Ontario’s PNP quota from 9,750 since 2021, and now it has got approval.
Ontario allocation in 2022 included 2,200 software and IT professionals, 3,900 skilled trades employees, and around 100 nurses and personal support workers.
Sean Fraser, Canadian immigration minister, expressed in a press release that immigration is a crucial solution for the acute labour market shortages and for building a strong economy in Canada. He also spoke about the excellent working relationship with Minister McNaughton and aimed to work together to achieve economic immigration objectives in the province. He emphasized that the Provincial Nominee Program’s increasing growth will support the well-being of communities in Ontario in the future.
Ontario’s Provincial Nominee Program
Ontario PNP is managed by the Ontario Immigrant Nominee Program (OINP), a provincial government department. It consists of programs for economic immigrants, including skilled workers, international student graduates, and entrepreneurs.
Immigration, Refugees, and Citizenship Canada (IRCC) allocates annual nominations, and PNPs can nominate candidates accordingly. The two-step immigration process includes being nominated and then applying for immigration.
But before everything, you must express your interest in immigration to Canada. An Expression Of Interest (EOI) can be made through the Federal Express Entry system (for skilled workers with TIER 0,1,2 or 3 occupations) or by Ontario’s EOI system.
Workers invited from the Express Entry pool by Ontario PNPs are:
- Human Capital Priorities: No job offer is required, but one-year work experience is needed in targeted occupations.
- French-Speaking Skilled Worker: French-speaking candidates with strong English and French proficiency.
- Skilled Trades: Skilled trades workers in eligible sectors.
Ontario’s EOI system used by PNPs consists of the following:
- Master’s Graduate stream: Master’s degree from an eligible Ontario university on a full-time basis at least one year in length.
- Ph.D. Graduate stream: Ph.D. degree from an eligible Ontario university with two years of degree requirements completed.
- International Student: International student graduates with job offers.
- Foreign Workers: skilled professionals with job offers.
- In-Demand Skills: workers in-demand occupations with job offers.
- Entrepreneur Stream: Foreigners can start or buy an existing business in Ontario.
Why Choose ImmiLaw Immigration
At Immilaw Immigration, you may consult a licensed Canadian immigration lawyer and get your visa application filed through a lawyer’s portal. meticulous documentation is required for a successful visa filing.
Please visit our website or email info@immilawimmigration.com
Feel free to contact us for your enquiries.
Read To Know: Immigration Pathways to Canada: For Tech Talent
by Immilaw Team | Mar 4, 2023 | Canada Immigration
A Canadian employer may require an LMIA to hire a temporary foreign worker. A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that permits an employer to hire a foreign temporary worker to fill labour shortages in certain occupations.
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International Mobility Program (IMP)
Certain foreign nationals are permitted to work in Canada without needing an LMIA. This is possible through the International Mobility Program (IMP). This program mainly has four streams, which are listed below in detail.
1. Competitiveness And Public Policy
This stream provides LMIA-exempt work permits to those foreign nationals whose work requires limited access to Canada’s labour market. This is necessary for public policy reasons to maintain competition between Canadian institutions and the economy.
One of the unique programs that come under this stream is Post Graduate Work Program (PGWP). According to this program, an open work permit for up to 3 years is issued to an international student who has graduated from a study program at any designated learning institution. They could work under a Canadian employer even without having a job offer at the time of their application for the work permit.
A program under this stream provides an open work permit to spouses and common-law partners of full-time international students and foreign nationals who have migrated as skilled workers to Canada.
2. Significant Benefit
This stream provides work permits without LMIA to foreign nationals who offer Canada significant cultural, social, and economic benefits. It is determined by examining their previous records of achievements, using testimonials from people in the same field of work, etc.
Entrepreneurs/Self-Employed, Intra-Company Transfers, and PNP nominees as Entrepreneurs are some of the programs within the significant benefit stream of the IMP.
3. Reciprocal Employment
The third LMIA-exempt work permit stream allows foreign workers to work in Canada when Canadians have similar work opportunities abroad. It creates or helps maintain relationships with countries around the world.
Several programs like international agreements and international exchange programs help create work opportunities between countries.
CUSMA (Canada-United States-Mexico Agreement) is a trade agreement between Canada, the US, and Mexico. Admission of foreign nationals under these agreements benefits the country.
Under International Experience Canada (IEC), foreign nationals who apply through the IMP from countries that maintain working relationships with Canada do not require an LMIA.
4. Charitable And Religious Workers
This stream is for people who desire to work in Canada to carry out duties for religious or charitable organizations. They can work without an LMIA in Canada. It includes work that relieves poverty or benefits the community through education and religion.
by Immilaw Team | Jan 5, 2023 | Canada Immigration
What is A super Visa?
The Super Visa enables parents and grandparents of Canadian citizens and permanent residents to enter the country as guests for up to five years (starting on July 4, 2022) without needing to reapply for their status.
Super Visa
Grandparents and parents are allowed to reside in Canada for a long time. Those who possess a Super Visa may seek an extension, which might enable them to stay in Canada as a tourist for up to 7 years. The Super Visa permits parents and grandparents to enter Canada several times for up to 10 years.
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Eligibility Criteria
To be eligible for a super visa, the necessary conditions are:
You must be-
- Be the parents or grandparents of Canadian citizens or permanent residents
- Possess a letter showing the intent to invite you to visit Canada, signed by your child or grandchild, that says the following:
(a) Consists of a guarantee of financial assistance for the period of your visit
(b ) Contains a concise list of the persons living in this person’s home
- There must be a copy of that person’s citizenship or permanent residency card.
- Contains the health coverage provided by a Canadian insurance provider that is:
- At least $100,000 in emergency coverage is sufficient for at least a year after admission.
- Possess a document showing that the medical insurance is fully paid.
Financial Proofs Required
The child or grandchild inviting you must provide evidence that their home earns at least the required amount of money. Examples of documents that can be used as proof of finances include the:
- A T4/T1 for the current tax year or a Notice of Assessment (NOA).
- Statements on Employment Insurance Benefits
- Employment letter including salary, job title, job description, date of hiring, and payment statements.
- Bank statements
The Applicant is Required To Apply For The Super Visa
- From outside of Canada
- Have your visa printed
- Take a medical examination for immigration (forms and instructions issued by the visa office after the application has been submitted).
- Dependents are not authorized on this application.
Who Can Apply for a Super Visa?
Parents or grandparents of Canadian citizens and permanent residents can apply for the Super Visa. On a Super Visa application, only parents or grandparents may be listed, along with their spouses or common-law partners.
Canadian Immigration
Super Visa Application Process
The application process is similar to that for a Temporary Resident Visa. There is a need for additional documentation to ensure that they will be taken care of during their stay in Canada. The Canadian visa office in charge of the applicant’s place of residence outside Canada is where the application should be processed. Necessary conditions-
- A letter of invitation from the grandchild or child living in Canada;
- Document demonstrating that the grandchild or child meets the LICO minimum income requirement
- Evidence of parental relationships, such as a birth certificate designating the person as a parent;
- Evidence of medical insurance coverage with a Canadian insurance provider for at least a year.
Factors are taken into account while the parent’s or grandparents’ application is being processed-
- They must be actual visitors to Canada who intend to depart on their own after the tenure for stay is over
- Ties with the country of origin
- The reason for the trip, the family’s wealth, and the overall political and economic stability of the native nation of origin
- Analyze the documents provided
For support and assistance in obtaining a super visa, you can contact Immilaw Immigration Law Professional Corporation. The lawyer’s vision, knowledge, and expertise strengthen you to achieve the desired goal smoothly and systematically.
We can be reached at info@immilawimmigration.com
by Immilaw Team | Oct 17, 2022 | Canada Immigration
What is AIP?
AIP enables immigrants who have been offered jobs to apply for permanent residence in Canada while working in the Atlantic area. Early in 2022, AIP became a permanent program due to its success. Since its implementation, the Atlantic provinces have been able to meet immigration limits more easily under the AIP, taking in roughly 6,000 immigrants annually.
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The Atlantic Immigration Program hopes to boost economic development in Canada’s Atlantic provinces by luring qualified workers. New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island are the Atlantic provinces. Applicants should have an official job offer to be eligible for the Atlantic Immigration Program. In addition, the candidate must get a Labour Market Impact Assessment to receive a Canadian employment offer acceptable for immigration purposes (LMIA). However, for the Atlantic Immigration Program, this is not necessary. Instead, the employer that makes the job offer must be listed.
Beginning in 2017, the Atlantic Immigration Program was an experimental project that was later made permanent. As a result, over 6,000 people were welcomed to the Atlantic provinces annually, thanks to the AIP.
Are you eligible?
A job offer from a designated individual under the program is required for a skilled worker to qualify for AIP. When an employer submits an AIPP application, they are designated. You must also complete additional evaluation requirements for education, job experience, and language ability, which vary depending on the AIP stream you apply through.
How may one receive a job offer?
You must apply for employment with Atlantic Canadian companies that AIP has identified to be considered for a job offer. Below is a list of companies from each province permitted to use the AIP to hire foreign workers. Be aware that some Atlantic provinces have not yet made the most recent list of authorized employers available because the program just reopened.
Atlantic Immigration Program Requirement
The Atlantic Immigration Program facilitates immigration by connecting two parties:
1. Foreign nationals interested in becoming residents of Atlantic Canada
2. Employers designated by the government to hire foreign nationals/ International citizens seeking to settle in Atlantic Canada companies that the government has authorized to employ foreign nationals.
Atlantic Immigration Program has different requirements for each of these parties.
Need of Foreign Nationals
Only foreign nationals who meet specified qualifications may apply through the Atlantic Immigration program for immigration to New Brunswick, Newfoundland & Labrador, Nova Scotia, or Prince Edward Island. In addition, the foreign national must initially obtain a formal job offer from an authorized employer.
The Atlantic provinces include New foundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island.
The foreign national must also fulfill the prerequisites to qualify. Whether the individual has finished the necessary postsecondary education in Atlantic Canada will determine which requirements apply.
Work Experience Requirement
Candidates must have at least one year of recent full-time, paid work experience. You may include hours worked outside of Canada based on a valid status. The job experience has to be at least at level 0 of the National Occupational Classification (NOC) or level A, B, or C.
Requirements for International Graduates
Candidates qualifying as overseas graduates are exempt from the criteria for job experience. However, candidates must fulfill the following criteria to qualify as an international graduate:
Possess a two-year minimum degree, diploma, certificate, trade certification, or apprenticeship certificate from an accredited postsecondary institution in one of the Atlantic provinces;
- Have completed their courses while enrolled full-time
- Have spent the two years before graduation spending at least 16 months living in an Atlantic province
- Have maintained the necessary job authorization/study authorization during their studies in Canada
- Have held the required study permit, and if required, work permit, during their studies in Canada
Educational Requirement
Different educational requirements will apply depending on the type of occupational skill required for the job offer. For information on the necessary education by skill type, please see the chart below:
Skill Type 0; the Lowest level of education- minimum of one year of postsecondary education (Canadian or equivalent),
Skill Type A; the lowest level of education- minimum of one year of postsecondary education (Canadian or equivalent),
Skill Type B; Lowest level of education- High school diploma as a minimum (Canadian or equivalent)
Skill Type C; the Lowest level of education- High school diploma as a minimum (Canadian or equivalent)
You must submit an Educational Credential Assessment to receive your education outside of Canada
Language prerequisites
The required Canadian Language Benchmark (CLB) level varies depending on the job’s skill requirements. For a breakdown of language requirements by skill type, please see the chart below:
Skill Type 0; CLB level 5
Skill Type A; CLB level 5
Skill Type B; CLB level 5
Skill Type C; CLB level 4
Proof of Funds
Additionally, candidates should be able to show they will have enough money to maintain themselves and their families after they move to Canada.
Needs for Designated Employers
Employers wishing to participate in the Atlantic Immigration Pilot Program must apply to be recognized as employers. A company can engage foreign nationals as designated employers without conducting a Labour Market Impact Assessment (LMIA). However, employees hired in the pilot program must get assistance from designated employers in relocating to their province of residence.
Organization Designation
An employer must first apply to be formally recognized before hiring foreign nationals through the Atlantic Immigration Program. The province where the company that wants to hire foreign nationals is located is where the employer can apply to become designated. The employer must show that all provincial regulatory agencies are in good standing. They must also provide a summary of their labour requirements, including the justification for hiring foreign workers.
Finally, selected employers must show that they can assist immigrants hired through the Atlantic Immigration Program with settling down. Businesses can look up applications to become designated employers on the websites for immigration in the Atlantic provinces: New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island.
Events for New Brunswick Recruitment
New Brunswick frequently arranges international gatherings for foreigners looking to move to Canada. Please look at our list of future job fairs and information sessions in New Brunswick. Those successful in these information sessions will be qualified to immigrate to Canada via the Atlantic Immigration Program or the PNP for New Brunswick.
Once the Job offer is received, further process is required
Applicants will be allowed to move forward with the further steps once they have received an employment offer from a specific Atlantic employer. This will involve working with your business during the endorsement phase and developing a settlement package that details the individualized settlement services the applicant will receive once they arrive in Canada.
If the province concurs, the individual will be nominated and eligible to submit a federal application for permanent residence in Canada. They will also be permitted to start working in Canada with a work permit while they wait for their application to be processed.
by Immilaw Team | Sep 23, 2022 | Canada Immigration
What is Labour Market Assessment?
Canada runs the Temporary Foreign Worker Program (TFWP) as a method to supplement its workforce when there is no qualified worker in Canada to do a job. To hire a foreign worker in Canada, a company must apply for a Labour Market Impact Assessment (LMIA) from the Canadian government. Whenever a foreign worker is hired, the Canadian government employee assessing the application must decide if it will improve or have no impact on the Canadian labour market. Canada’s Employment and Social Development will examine the application (ESDC). The foreign worker must receive pay and benefits with federal and provincial norms, and it must be evident that no qualified Canadians must be given preference over him. Depending on whether the targeted person is a “high-wage” or “low-wage” employee, the LMIA procedure varies. Low-pay temporary foreign employees are those paid less than the provincial or territorial median wage; high-wage workers are those paid at or above the median wages.
LMIA Work Permit
Hiring a High-Wage Worker
You need to submit transition plans with the LMIA if you want to hire a high-wage worker. A transition plan is a plan that ensures you are taking the steps as an employer to reduce your reliance on foreign workers over time.
Transition plans are intended to ensure that employers looking for foreign employees are fulfilling the program’s objectives, i.e., utilizing it only as a last alternative for temporarily covering labour shortages when no qualified Canadians are available. By doing this, eligible Canadians are given preference for open positions. An employer can demonstrate this, for instance, by providing evidence of investment in skill development or support.
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Hiring a Low-Wage Worker
There is no requirement to submit transition plans with a Labour Market Impact Assessment (LMIA) application from employers looking to hire low-wage workers. But they must adhere to a distinct set of rules.
The Canadian government has restricted the number of low-wage temporary foreign employees that a company can hire to guarantee that Canadians may be given preference for open positions under the Temporary Foreign Worker Program (TFWP). Additionally, processing of the LMIA is generally denied for some low-wage jobs. The percentage of low-wage temporary foreign workers working for an employer having ten or more employees may not exceed 20% of their total workforce.
Employers who offer wages below the provincial/territorial median are required to:
- Pay for the temporary foreign worker’s round-trip transportation;
- Make sure there is access to affordable housing;
- Until employees are qualified for provincial health care, pay for private health insurance;
- The provincial or territorial workplace safety board should receive temporary foreign worker’s registration
- A contract between the employer and the employee.
Global Talent Stream
Certain talented employees can apply for a work permit through the Global Talent Stream and receive one two weeks later. It is a cornerstone of Canada’s Global Skills Strategy, which aims to support the expansion of innovative businesses by ensuring access to the highly qualified individuals they require.
This workstream creates a two-week norm for processing applications for work permits (and temporary resident visas, if necessary) for highly skilled talent, among other activities. Part of Canada’s Temporary Foreign Worker Program is the Global Talent Stream. The Global Talent Stream aims to help employers in Canada fast-track the hiring of foreign tech talent.
The Global Talent Stream has two categories. High-growth businesses falling under category A need to bring in foreign talent with specific skills. This category of employers requires a designated referral partner to refer them to the Global Talent Stream. Employers trying to fill positions on the Global Talent Occupations List—a list of professions for which there is a shortage of domestic labour—are in Category B. These positions are generally in demand.
Employers in both groups must adhere to the payment standards for skilled workers, which means they must pay their staff at least the going rate. The prevailing pay is the higher of the following two figures:
According to the Government of Canada’s Job Bank, the occupation’s median salary
- The pay range that a company now offers to current employees in the same role, working in the same location, and possessing the same qualifications.
- The Global Talent Occupations List’s minimum wage ceiling (if applicable).
Facilitated Labour Market Impact Assessment (LMIA)
Impact Assessment (LMIA) processing is updated annually by the Quebec Immigration Ministry.
By enabling them to engage foreign workers more rapidly, this procedure intends to assist Quebec firms in addressing their state’s well-documented labour shortages. Employers in Quebec do not have to provide evidence that they could not find a worker in Canada to fill the position because there is evidence of a labour shortage in these professions.
The following is required to be proven by the employer:
That the temporary foreign worker satisfies the job’s educational and experience prerequisites as well as those set forth by the National Occupational Classification; That the hourly wage offered to temporary foreign workers is competitive with that received by Canadians and permanent residents who work in the same profession and region.
All applications for high-wage LMIA must include a transition strategy. According to the facilitated process in Quebec, the transition plan is only necessary for a second or subsequent application for an LMIA in the same occupation and area.
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