Canadian Work Opportunities for Mexican and American Nationals through NAFTA

English: A North American Free Trade Agreement...
English: A North American Free Trade Agreement (NAFTA) Logo. Español: Logotipo del Tratado de Libre Comercio de América del Norte (TLCAN). Français : Logo de Accord de libre-échange nord-américain (ALENA). (Photo credit: Wikipedia)
The North America Free Trade Agreement (NAFTA) between Canada, United States (US) and Mexico liberalizes and protects trade among these three countries. In meeting the trade objectives, NAFTA allows for the temporary entry of selected professionals and investors of American, Mexican and Canadian citizenship to work and engage in business across borders more freely than workers from other countries. It is a reciprocal agreement, and thus allows Mexican and US citizens to work in Canada and for Canadians to work in Mexico and the US.
If you are from Mexico or the US and have an interest in working, trading or investing in Canada, you may qualify under NAFTA for temporary entry or a temporary work permit. NAFTA provides great opportunities for Mexican and US professionals to temporarily work or do business in Canada with ease. It is important to understand each category and the requirements before assuming you qualify. What is outlined here is only a brief overview of the program. For more information, visitwww.cic.gc.ca or contact your local Canadian consulate or embassy.
NAFTA is open to professionals that fall under four categories:
  • Intra-company transferees
  • Professionals
  • Business visitors
  • Investors and traders
Intra-Company Transferees (ICT)
This category is quite common between the US and Canada, especially among major American companies that have subsidiaries or branches in Canada. As an intra-company transferee, you can apply for a work permit without a Labour Market Opinion (LMO). In most cases when a Canadian company wants to hire a foreign national, it must apply for an LMO from Service Canada and demonstrate it cannot find a permanent resident or Canadian for the position. Service Canada then issues a positive LMO, which is submitted along with a work permit application by the foreign national. This can take weeks or months to obtain and a positive LMO is not guaranteed.
In addition, as an ICT, a work permit can be valid for up to 5 years for executives and senior managers, or 7 years for specialized knowledge workers. To qualify, the core requirements are:
  • Employment with US or Mexican company that has a branch, subsidiary, parent or affiliate company in Canada,
  • Work for at least 1 year of the last 3 years with the foreign company,
  • Maintain an executive or senior management position, or be considered a specialized knowledge worker with essential and unique skills,
  • Hold an offer for a position with the Canadian branch, subsidiary, parent or affiliate similar to the role in the related foreign company.
Canadian companies can be start-ups or expansions of a foreign company. These foreign companies send a senior or skilled person to help establish or expand the Canadian branch or subsidiary.
Professionals
Professionals are those that have pre-arranged employment with a Canadian company and are in one of the 60 occupations listed under the NAFTA agreement, which includes accountants, architects, land surveyors, many science-related professions, and even post-secondary instructors. They do not require an LMO, but a work permit along with proof of education and experience in that field.
For a list of NAFTA professionals, visit the NAFTA Secretariat website.
Business Visitors
Business visitors come to Canada to conduct business with an international scope, involving activities like research and design, distribution, marketing and sales. Their business is predominantly outside of Canada and they have no intention to enter the Canadian labour market. As a result, they do not have to obtain a work permit, however they do need to declare their status as a business visitor upon entering Canada.
Traders 
Traders can apply for a temporary work permit and work in Canada to facilitate the trade of goods and services between Canada and their home country. The initial work permit is granted for up to one year, but can be extended for a duration of two years.
Traders must be employed by a Mexican or US company in an executive or supervisor role, or have essential skills. Over 50% of total volume of trade by the company must be between Canada and the US or Mexico. Furthermore, the trading must be considered substantial. ‘Substantial Trade’ is determined by the volume and monetary value of the trade.
Investors 
Investors can apply for a temporary work permit to come to Canada and invest, develop and direct an enterprise. The person seeking entry should usually be in an executive or supervisory role with the foreign company. While there here is no minimum dollar amount to invest, the investment must be considered  substantial. To determine if an investment is substantial, officers are directed to conduct a ‘proportionality test’, which is based on the amount invested vs. the total value of the company or the amount deemed necessary to establish the type of business. For example, an investment of $50,000 for a small business with few operating costs may be deemed substantial; or a $1 million investment for a plant valued at $8 million may qualify.
Like the trader category, the initial work permit is granted for up to one year, but can be extended for a duration of two years.
The advantages of working under NAFTA are:
  • Many professional workers are exempt from needing a LMO.
  • Business visitors are not required to apply for a work permit.
  • It allows for quick processing of professionals and intra-company transferees who need a work permit, since applicants can apply and be issued a work permit by an immigration officer at the Canadian border upon entering the count
Source: http://www.bellallianceglobal.com/skilled_workers/nafta-opportunities/?goback=%2Egde_2066926_member_5831128263795163139#%21 
Enhanced by Zemanta

4 Year Maximum Working Rule for Temporary Workers in Canada

Canada
Canada (Photo credit: palindrome6996)
By: Jessica
He came to Canada from India on a work permit in May 2011 and has been working as assistance manager customer care. While trying to extend his work permit last year, he found that he can stay in Canada for only four years as temporary foreign workers and he will have to leave once he has completed four years work in Canada. The most worrying aspect of this 4 years working rule was that he can return to Canada only after waiting for four years.
Many temporary foreign workers may not know about this new 4 year working rule that restricts their stay in Canada to a maximum period of four years.

Immigration and Refugee Protection Regulations:

Immigration and Refugee Protection Regulations R200(3)(g) under the Immigration and Refugee Protection Regulations establishes the maximum period of 4 years for foreign temporary workers which states:
(3) An officer shall not issue a work permit to a foreign national if
(g) the foreign national has worked in Canada for one or more periods totalling four years, unless
  • (i) a period of forty-eight months has elapsed since the day on which the foreign national accumulated four years of work in Canada,
  • (ii) the foreign national intends to perform work that would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents, or
  • (iii) the foreign national intends to perform work pursuant to an international agreement between Canada and one or more countries, including an agreement concerning seasona lagricultural workers

All Work Counts:

The work performed by a foreign temporary worker since April 1, 2011 is counted towards the accumulated four year work. The work regardless of whether or not it was permitted by a work permit or exempt from work permit counts towards a temporary foreign worker’s 4-year total. Temporary foreign worker must include all the following work:
  • volunteer work,
  • a self-employed individual,
  • work in all occupations falling under all categories in the National Occupation Code (NOC) list,
  • work done while under implied status
  • work done while on an open work permit.

Exclusions:

International students can exclude any work performed during a period in which they were authorized to study on a full-time basis in Canada.
Some situations in which there was a gap between employment such as time spent outside Canada, or maternity/paternity leave spent in Canada can be excluded from total work.
The restriction of 4-year accumulated work in Canada was introduced to encourage temporary foreign workers to explore options of Canadian permanent residency if they want to reside in Canada for prolonged periods.
Foreign temporary workers after living some time in Canada may have good English/French language skills, skilled work experience and ability to integrate in the Canadian society. They may take advantage of Canadian Experience Class for Canadian permanent residence after gaining 12 months of work experience and meeting other selection criteria.
Enhanced by Zemanta

Five Common Immigration Mistakes You May Be Making

English: Passport Stamp issued by Immigration ...
English: Passport Stamp issued by Immigration Canada at Toronto Lester B. Pearson Airport. Category:Passport stamps of Canada (Photo credit: Wikipedia)
Canada has over 60 immigration programs, each with its own unique set of criteria. Citizenship and Immigration Canada (CIC) makes every effort to create programs with requirements that are clear. Nevertheless, every year applications are returned or rejected due to mistakes made by applicants.
These mistakes are often made accidentally by the applicant. Sometimes, mistakes can be corrected and an application resubmitted. Other times, a mistake can result in serious repercussions and possibly mean the end of an individual’s chances for Canadian immigration.
Below are five mistakes that applicants for permanent residency, temporary work, and even visitor visas should look out for.
1) Inconsistencies in Personal and Educational History – Applications for permanent residency, as well as some applications for temporary residency, require individuals to list in detail their travel history, personal history, and/or educational history. There should be absolutely no gaps in this history. Unexplained periods of time, even as short as a week, must be accounted for.
How to avoid: Even short vacations should be noted on a travel history. For personal history, periods of time when you were unemployed should still be accounted for. You should double- and triple-check this part of your application to make sure that dates align properly. These dates should also correspond with supporting documents such as letters of reference.
2) Language Test Scores are Insufficient – Most Canadian permanent residency programs require proof of proficiency in either English or French. Proficiency is defined according to the Canadian Level Benchmark (CLB) system.
Different standardized tests may be accepted for proof of language ability depending on the immigration program one is applying under. However, applicants must meet minimum CLB levels in all language abilities being evaluated for a program. These abilities include reading, writing, speaking, listening, or a combination of the four.
For instance, the International English Language Testing System (IELTS) is one of the tests accepted as proof of English proficiency for the Federal Skilled Worker Program. Applicants submitting IELTS scores must meet at least CLB level 7 in all four language abilities. This amounts to a score of 6.0 in each language ability. If even one ability is scored less than a 6.0, the applicant will be deemed ineligible for immigration through this program.
How to avoid: Double-check the language requirements for your specific program. Make sure that you meet or exceed the minimum levels in each language ability.
3) Listing Ineligible Dependents – For Canadian permanent residency applications, only spouses, common-law partners, and/or eligible biological or legally adopted children may be listed as dependents by the principal applicant. However, some applicants misunderstand this limitation and list other family members such as parents or siblings as dependents. These individuals may not be included on an application, and doing so may slow down and application’s processing time.
How to avoid: Make sure that only your eligible dependents are listed as dependents.
4) Employment Letters Do Not Comply with Requirements – Most programs require that work experience be proven by providing an employment letter. These letters, by current and/or previous employers, explain the kind of work an individual has performed on a day-to-day basis.
The following must be included in reference letters:
  • Position held
  • Hours
  • Salary and working conditions
  • Description of job duties
  • Employer’s signature
  • Printed on company letterhead
  • Company information such as address and contact information
If the above requirements are not met, an employment letter may not be recognized as proof of the applicant’s work experience.
How to avoid: Check your employment letters after receiving them. Providing an employer with a basic template outlining these requirements can also help.
5) Using an Unauthorized Representative – In order to minimize mistakes like those above, many individuals choose to hire a representative to assist them with their application. Representatives may be paid or unpaid, but if paid they must be a lawyer or immigration consultant authorized by the government to assist Canadian immigration applicants.
Unfortunately for applicants, there are many fraudsters claiming to be immigration representatives, when in fact they are not authorized to represent individuals. These phony representatives are not accountable to the government or a professional order, and will often request large sums of money for a ‘guaranteed’ visa.
Avoid this mistake: If looking for a representative, do not hesitate to ask for their professional credentials. An immigration lawyer must be registered with the law society in their province of residence and an immigration consultant by the ICCRC (Immigration Consultants of Canada Regulation Council) .
In Conclusion
“With so many immigration programs currently subject to intake caps, it is of the utmost importance that applicants get it right the first time,” said Attorney David Cohen. “It would be a shame to see an application returned because of an avoidable mistake, only to then have the applicant become ineglible for immigration because their program cap has filled.”
The process of coming to Canada, whether as a visitor, worker, student, or permanent resident, can result in a life-changing opportunity for applicants and their families. Because of this, it is of the utmost importance that individuals complete their applications with care. With a little work and careful planning, they can make sure that their goals are not dashed by an easily avoidable mistake.
Enhanced by Zemanta

Leave us a message

Check our online courses now

Check our online courses now
Click Here now!!!!

Subscribe to our newsletter

Vcita