O Canada! Seyfarth’s News and Practice Pointers on Canadian Immigration

I. Government Updates

T-24 and C-12 Intracompany Transferees Must be Actively Employed with the Foreign Entity

On July 13, 2012, Citizenship and Immigration Canada introduced a brand new requirement, effective immediately, regarding T-24 and C-12 Intracompany Transferee work permit applications.

Prior to this new requirement, an applicant would qualify for a T-24 or C-12 work permit if he or she was employed with the foreign entity of the sponsoring Canadian employer for at least one continuous year in the three years immediately preceding
the work permit application. The applicant was not required to be actively employed with the foreign entity at the time of filing the application.

Under the new rule, in order to qualify for an intracompany transferee work permit, the applicant must be actively employed by the foreign entity at the time the work permit application is filed.

Changes to North American Processing: The Impact on Canadian Work Permits and Temporary Resident Visas

In an ongoing effort to re-structure the North American network of Canadian Consulate General offices and the Case Processing Centre, Citizenship and Immigration Canada recently changed the filing procedures for Canadian Work Permits and Temporary Resident Visas.

Canadian Work Permits

For applicants who reside in the United States, work permit applications must be filed with one of the Canadian Consulate General offices in the U.S.

For U.S. residents residing East of the Mississippi River, work permit applications must be filed with the Canadian Consulate General in New York.For U.S. residents residing West of the Mississippi River, work permit applications must be filed with the Canadian Consulate General in Los Angeles. The Canadian Consulate General offices in Washington, D.C., Seattle, and Detroit are no longer accepting work permit applications.

In addition, the Case Processing Centre in Vegreville is no longer accepting work permit extension applications from applicants residing outside of Canada.The applicant must physically reside in Canada for the Case Processing Centre in Vegreville to accept jurisdiction.

Temporary Resident Visas (“TRV”)

Currently, work permit holders from visa-required countries who reside in Canada may apply to extend their work permit through the Case Processing Centre in Vegreville, Alberta (“CPC-V”). However, CPC-V will not process a TRV stamp for the work permit holder, which allows for the worker to exit and re-enter Canada for the duration of the authorized period of work.Traditionally, new TRV stamps were only issued by a Canadian Consulate General office outside of Canada.

Citizenship and Immigration Canada has introduced a new pilot project through the Case Processing Pilot office - Ottawa (“CPP-O”) which processes new TRV applications for those workers already holding a work permit in Canada. Foreign nationals currently residing in Canada must apply for their new work permit and TRV through the CPC-V and CPP-O. Applying through one of the Canadian Consulate General offices in the U.S. is no longer an option for them.

It is important to note that one must first obtain an extension of their current work permit before making an application to the CPP-O for a new TRV.Accordingly, employees should plan ahead, as current processing times for a work permit extension application through CPC-V are approximately 45 days.Current processing times at CPP-O for a new TRV are also reported at 45 days.

II. Practice Pointers

Complying with the New T-24 and C-12 Intracompany Transferee “Actively Employed” Rule

As mentioned above, it is not enough that an applicant for an intracompany transferee work permit have one continuous year with an affiliated company of the Canadian sponsor. The added requirement that an applicant must be actively employed by the foreign entity at the time of filing the work permit application renders it difficult for those applicants who are former employees of the foreign entity who having gained the qualifying one year of experience within the preceding three years, but have no intention of working for the foreign entity, and are now applying for a work permit with the Canadian sponsor.

To meet the requirements, the foreign entity may place the applicant on payroll for one day, which is just enough time to file the work permit application and to comply with the rule that the applicant is actively employed at the time of filing.

Employees Without Engineering Degrees: An Alternative to the T-23 Engineer Work Permit

Do you have an employee needed in Canada, but who does not have a 4-year engineering degree (and thus, will not qualify as a T-23 Engineer)? If the employee has successfully completed at least two years of training in a relevant educational program, he or she may still be eligible to enter Canada under the T-23 exemption as a Scientific Technician. In order to qualify as a Scientific Technician the employee must:

• Possess theoretical knowledge in one of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics;
• Possess the ability to solve practical problems in their applicable discipline, or possess the ability to apply principles of their applicable discipline to basic or applied research; and
• Work in direct support, and under direct supervision, of degreed agricultural science, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics professionals.

The Scientific Technician’s theoretical knowledge should have been acquired through the successful completion of at least two years of training in a relevant educational program connected to one of the above listed disciplines. The employee will need to provide a diploma, a certificate, or a transcript accompanied by evidence of relevant work experience to satisfy this requirement. Note that a baccalaureate degree is not normally held by a Scientific Technician.

III. ImmSTAR Tips and Tricks

Know Your Upcoming Work Permit/Status Document Expiration Dates

Keeping track of your employee population working abroad can be challenging. Are you worried about upcoming work permit/ status document expiration dates? Do you want to take a quick look to see what is coming down the line?

Log into ImmSTAR and select the “Reports” tab in the top left-hand corner of your screen and select “My Expirations.”A new window will open with a quick view of the upcoming expiration dates that you may then either view/print as is on the screen or export into an Excel or .pdf document. If you export into Excel, you can then manipulate the data and save the report any way you prefer.

Now, you have an idea of what work permits/status documents you need to be aware of in the event you need pre-clearance to initiate a renewal.

For more information please visit us at www.seyfarth.com/Immigration