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

I. Government Updates

Centralization of Temporary Foreign Worker Units in Canada

Effective July 1, 2012, the Temporary Foreign Worker Units (“TFWU”) in Toronto and Montreal will process all pre-approval applications.  In an ongoing effort to streamline and centralize services, Citizenship and Immigration Canada has closed the TFWUs located in Vancouver, Calgary, and Moncton. 

The Toronto TFWU will be responsible for providing services to Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest Territories, and Nunavut.

The Montreal TFWU will responsible for providing services to Quebec, Nova Scotia, Prince Edward Island, New Brunswick, Newfoundland, and Labrador.

Due to our positive experiences with both the Toronto and Montreal TFWUs, we are hopeful that pre-approval applications will continue to be processed in approximately 7 to 10 business days.

II. Practice Pointers

Ports of Entry Update:  Calgary and Douglas

In recent months, the Calgary port of entry has implemented an unusually high standard of review in adjudicating T24 Senior Manager petitions.  This holds true for employees in the construction industry, in particular.  Until further notice, we are advising that all T24 Senior Manager applicants avoid the Calgary port of entry when possible.

While the Calgary port of entry has been particularly unfriendly as of late, Douglas, on the other hand, has proved to be one of the more gracious ports of entry.  We  have had the opportunity to connect with senior border officials at the Douglas port of entry to “pre-clear” many of our applications.  Recently, Douglas has informed us that they will accept T23 Engineer applicants who hold a Construction Management degree, which is a departure from the Engineering degree requirement that is typically required and enforced across other ports of entry, especially Calgary.  We have also noted that Douglas is particularly amenable to positively adjudicating T23 Scientific Technician applications, which are typically singled out as one of the most highly scrutinized NAFTA categories across all ports.

In addition to the warm reception of T23 Engineers with Construction Management degrees and T23 Scientific Technicians, Douglas regularly processes Temporary Resident Permits (“TRP”) at the border.  Recently, many of the ports across Canada have been reluctant to issue TRPs at the border.  Instead, the current trend is for border officers to advise TRP applicants that they must apply with a Canadian Consulate from within the United States.

Given that we have open lines of communication with the officials at Douglas and we have a proven track record of success with regard to T23 Engineers (with Construction Management degrees), T23 Scientific Technicians, and Temporary Resident Permits, we advise that these applications always be filed through Douglas.

III. ImmSTAR Tips and Tricks

Due Dates and Delivery of Work Permit Application Packages

Are you sending someone to Canada?  Make sure you let us know when you need the package delivered to you!  When filling out the Intake, under the Process Requested section in the “Date Needed By” field, enter the date by which you would like to receive the work permit application documents, not the date the employee is expected to be in Canada.  

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