Immigration Canada

7 Keys To Getting A NAFTA Work Permit As a Professional

English: Map of the Tratado de Libre Comercio (TLC or NAFTA in English) (Photo credit: Wikipedia)

Did you know that certain professionals can work in Canada under the North American Free Trade Agreement (NAFTA)? They can do so without going through the normal requirement of obtaining a labour market opinion that most other temporary workers (and employers) must do.

In this post, I’ll discuss what I consider to be the seven keys to obtaining a work permit in the professional category under NAFTA.

1. You must be a citizen of the USA or Mexico

Only citizens of the USA and Mexico qualify as NAFTA applicants. Individuals who are permanent residents of either country (e.g., green card holders in the USA) do not qualify under NAFTA.

Citizens of Guam, the Northern Mariana Islands, American Samoa and the U.S. Virgin Islands are also excluded from NAFTA and can not obtain work permits through NAFTA.

However, citizens of the District of Columbia and Puerto Rico can apply through NAFTA.

2. Your profession or occupation must be listed in NAFTA

Not all professionals can qualify for a work permit under NAFTA. There are 60 listed qualifying professions and occupations, and your training and experience must fall within one of them.

3. You must have a job or contract in Canada

As a professional, you can not obtain a work permit without first having a job offer in Canada, or a professional service contract with a Canadian firm. You can be an employee of a US or Mexican firm who does business with a Canadian company.

4. You must apply for the correct length of work permit

NAFTA work permits are issued for a maximum of three years initially. However, they are renewable for additional three periods if the applicant still qualifies. In my experience, it is best to apply for the length of permit you need that reflects the employment or service contract you have, to a maximum of three years in the first application.

Applicants should use the “Application for a Work Permit Made Outside of Canada” IMM 1295form.

5. You should apply to the correct visa office

As a NAFTA professional, you have the choice to apply at a port of entry (i.e., the border or airport), or at a visa office (currently either New York for US citizens, or Mexico City for Mexican citizens).

In my experience – if you have the time – it is best to apply at a visa office if at all possible. It is far better to arrive at the border with work permit in hand rather than apply there.

I know of situations where the border officer was reluctant to issue a work permit (perhaps because the documentation wasn’t quite right), and told the applicant to leave and apply through a visa office.

If your time is tight, then by all means apply at a port of entry. But be absolutely certain your supporting documentation is absolutely impeccable.

6. You must have the correct supporting documentation

I won’t go into detail regarding all of the supporting documentation required, as it will vary depending on the facts of each case.

Generally speaking, you first need to prove citizenship with a passport and/or birth certificate. You must have solid evidence that you actually qualify as a professional. This would include official transcripts from the institution where you did your training, including a copy of your degree or diploma. Certificates of membership in a professional organization (if applicable) would also be necessary.

As well, you should have letters of reference or employment contracts from previous employers to show your experience in the field.

Finally, you’ll need a copy of your employment agreement with a Canadian firm (or service contract), with a contact phone number and address in Canada. The agreement must provide details of your duties in Canada (and those duties must match your NAFTA professional category), salary, length of employment, and so forth.

7. You must be entering Canada on a temporary basis

I suppose I should say that you must be able to show that you are entering Canada on a temporary basis. Just stating this fact to the visa officer is not good enough.

Bring evidence of your connections to the US or Mexico. Evidence of assets held (including real estate, investments, bank accounts and vehicles) are crucial.

Provide evidence of family connections in the US or Mexico if you have them. Showing your history of employment in the US or Mexico is always a very good idea as well, or any commitments that you have to return to (such as service contracts, clients or other employment in your home country).

As with all my posts, this post can not be considered legal advice, as your situation is unique and many factors will influence whether you are successful in obtaining a NAFTA work permit.

If you’ve found this blog post useful, please feel free to share it with your social network, or link to it from your blog or website.

Source: http://immigrationcanada.pro/immigrate/7-keys-getting-nafta-work-permit-professional/

Canada hailed as one of five best G20 countries for entrepreneurs

Canadian entrepreneurs have much to smile about: Canada ranks as one of the best countries in the world to start a business, according to a report by EY.

The report applauded Canada’s low labour and startup costs, negligible insolvency rates, low tax burden, and said that the country has better access to funding than most other G20 countries. Yet, EY also noted three in four entrepreneurs cited that financing remains a hurdle in Canada, while 36% said business failure is a barrier to future venture opportunities.The 2013 Entrepreneurship Barometer report, released by the consulting firm ahead of the G20 Leaders Summit next week, studied conditions for startups in the bloc. The second annual findings placed Canada among the top five in the G20, behind the United States and United Kingdom on conditions for entrepreneurs, but ahead of France and Germany.

“It’s a very positive story with respect to Canada in the world stage,” said Colleen McMorrow, EY director of Entrepreneur of the Year. The cost of starting a business has been cut in half in the past decade. Canada came second, bested only by Saudi Arabia, for its supportive regulatory and tax regime.

The top ranking quartile consisted of mature markets such as the U.S., U.K., Australia, South Korea, and Canada, but emerging markets are “nipping at our heels,” Ms. McMorrow said. “The job’s not done. There is lots of room for improvement.”

The notable levels of pessimism are attributable to entrepreneurs’ high expectations and lack of global context in realizing “how good [entrepreneurs] have it in Canada compared to other countries,” said Julia Deans, chief executive of the Canadian Youth Business Foundation (CYBF).

A national stigma for failure is also a barrier to entering the entrepreneurial class, Ms. Deans said.Canada scores below average on perceptions of entrepreneurship as a viable career choice, a sentiment that doesn’t bode well for the general ecosystem with relatively low self-employment figures. “The challenge we have with the high youth unemployment rate is going to steer our youth toward entrepreneurship,” Ms. McMorrow said. Young adults need to start considering running a business as a feasible alternative to traditional career trajectories, such as medicine and engineering, she added.

Ms. McMorrow credited the federal government for trying to fuel the business climate, with initiatives such as the Startup Visa scheme that caters to innovative immigrants with 2,750 annual visas for at least five years.

The report surveyed more than 1,500 entrepreneurs on five areas: access to funding, co-ordinated support, education and training, tax and regulation, and entrepreneurial culture.

The job’s not done. There is lots of room for improvement

Canada’s weakest pillar, at 16th place, was “co-ordinated support” from mentors, incubators, and accelerators — “the glue that holds everything together,” described Ms. McMorrow. Public spending on education is high in the country, but informal training channels, especially corporate mentors, are limited.

While Canada ranks high for accessing domestic funding — primarily venture capital and private equity versus bank lending — the matchmaking of mentoring relationships between angel investors and startups are few and far between, she said. “It’s making sure that young entrepreneurs in particular understand that there are different sources of funding at different stages of growth along the entrepreneurial journey.”

Canadian entrepreneurs need to take advantage of incubating programs such as The Next 36 that conflate academic expertise, capital access, and mentoring, Ms. McMorrow said.

Many of these accelerators are concentrated in central and Western Canada, said Ms. Deans, which could account for lack of satisfaction with networking services.

“In some [provincial] markets, finance is much more readily available. In Saskatchewan, for instance, there are no accelerators. If you’re a young entrepreneur in Saskatchewan, your options for developing your business are way fewer than they are in southern Ontario,” she said.

Forty-five per cent of Canadian entrepreneurs said access to capital has improved in the past three years, compared to 35% G20 average.

Source: http://business.financialpost.com/2013/08/28/canada-hailed-as-one-of-five-best-g20-countries-for-entrepreneurs/#!

Bridging Open Work Permit Helps Workers Stay in Canada

Work Permit (Photo credit: Cliph)

Canada is committed to retaining the talented temporary foreign workers it needs to ensure continued economic growth. This includes making sure that temporary foreign workers are able to make a smooth transition to Canadian Permanent Residency if they so choose.

Beginning on December 15th, 2012, the Government of Canadaintroduced the Bridging Open Work Permit. This permit helps temporary foreign workers remain in Canada during their permanent residency application process. This takes pressure off of both workers and their Canadian employers, and allows them to continue working in Canada while waiting to hear word on the immigration application.

What is the Bridging Open Work Permit (BWP)?

It is not unusual for a foreign worker to realize that their temporary work permit is set to expire during the course of their permanent residency application process. Before the BWP, they were required to undergo the lengthy process of applying for work permit renewal if they wished to continue working in Canada. If a work permit could not be obtained, the individual (and their family) had the choice to either stay in Canada as a visitor, thus foregoing an income from work, or to leave the country until a permanent resident visa was issued.

Now, existing temporary foreign workers can apply for an Open BWP as long as they:

are currently in Canada;
have valid status on a work permit that is due to expire within 4 months;
have received confirmation from Citizenship and Immigration Canada (CIC) that their permanent resident application under the Federal Skilled Worker Program, Canadian Experience Class, Federal Skilled Trades Program, or a Provincial Nominee Program is eligible for processing

Do you have Confirmation of Eligibility for your PR Application?

The confirmation of eligibility is usually issued for applications under the Federal Skilled Worker Program when a positive Final Determination of Eligibility letter has been sent or emailed by the Central Intake Office (CIO). For the Canadian Experience Class , the Federal Skilled Trades Program , and the Provincial Nominee Programs, confirmation of eligibility is usually communicated when an Acknowledgement of Receipt has been sent by letter or email.

If you do not have either of these documents, you will need to contact CIC or request a copy of the notes relating to your Immigration application to determine whether your PR application has been found eligible for processing.

Receiving a Bridging Open Work Permit

A BWP is valid for 1 year after its issuance. During this time, it should be possible for an individual to receive a decision on their permanent residency application. If no decision is received, a request for extension of a BWP will be considered on a case-by-case basis.

If an applicant is applying for permanent residency through a Provincial Nominee Program, the open work permit will be restricted to the specific province the applicant has applied to.

“This work permit offers some long-awaited help to both foreign workers and employers alike,” said Attorney David Cohen. “By allowing foreign workers to easily stay and work while their permanent residency application is being processed, the Canadian government is underscoring just how highly they value these individuals.”

Source:http://www.cicnews.com/2013/08/bridging-open-work-permit-helps-workers-stay-canada-082839.html

Coming to Canada as a Nurse – The Process

Permanent Resident Card (2002-2007) (Photo credit: Wikipedia)

In our last edition, CIC News explained how Canada has opened its doors to welcome internationally educated nurses. This article will focus on the different ways a nurse can come to Canada to work and live. As the demand for nurses continues to grow, nurses are presented with the opportunity to seek either permanent or temporary residency in Canada.

A registered nurse or licensed practical nurse seeking permanent residency in Canada is invited to discover the benefits of the Quebec Skilled Worker (QSW) immigration program. Nurses with international credentials may also seek temporary residency in Canada if they obtain a valid job offer and subsequent work permit. Once working in Canada on a temporary basis, permanent residency options may later present themselves through alternate immigration programs.

Permanent Residency: The Quebec Option:

The Province of Quebec has implemented an immigration policy that reflects its high demand for nurses. With high salaries, available jobs and a rapidly expanding healthcare system, Quebec seeks to bring the best international nursing professionals to its cities and towns. The QSW program, the province’s most popular program for permanent residency, has been set up in a way that benefits qualified nurses.

The QSW program offers internationally educated nurses an opportunity to seek permanent residency in Canada without the need to secure a job offer. The QSW program is a points-based selection system and points are awarded for various factors which include age, education, area of training, work experience, language ability etc. If an applicant scores enough points to reach the pass-mark, he or she will generally qualify for a Quebec Selection Certificate, which ultimately leads to a Canadian permanent resident visa, in the absence of health and/or security issues.

The QSW selection criteria awards a significant number of points for French language ability. However, under this program many nurses are able to score enough points to reach the pass mark without obtaining any points for French language ability. This is because nurses are able to earn very high points for the “area of training” selection factor as well as high points for their education.

To find out more about the QSW program and its selection factors, please click here.

Temporary Residency: The Work Permit Option:

As the Canadian Nurses Association (CNA) is predicting a continued shortage of nurses in the future, nursing jobs in the country are more plentiful than ever. Internationally educated nurses may apply to work temporarily in Canada. Temporary residency for foreign trained nurses may be achieved if the applicant secures a valid job offer and subsequently, a work permit.

To begin this process, an applicant with a nursing degree from outside Canada must have their educational credentials assessed. Since educational credentials can be assessed from both inside and outside Canada, applicants are given the option to remain in their country of residence during the assessment process.

After educational credentials have been assessed, applicants must register as a nurse in Canada. When this has been completed, an applicant may initiate the process of obtaining a job offer and work permit in Canada. To facilitate the process of finding a job offer, some individual provinces have implemented services helping connect internationally educated nurses to employment opportunities in healthcare communities.

Once working in Canada on temporary basis, an applicant looking for permanent residency may then explore their immigration options through programs such as the Canadian Experience Class or Provincial Nominee programs.

How to register as a nurse in Canada:

Any nurse planning to work in Canada must be deemed as qualified to practice as a Registered Nurse (RN) or Licensed/Registered Practical Nurse (LPN/RPN). To qualify, an applicant must register with either the Canadian Nurses Association (CAN) or the Canadian Council for Practical Nurse Regulators (CCPNR).

In Canada registration requirements are established by individual provinces and territories. To register with the CNA or CCPNR, nurses must first apply to the nursing regulatory body of the province or territory where they wish to work:

British Columbia

Ontario

Both Registered Nurses and Licensed Practical Nurses

Saskatchewan

Manitoba

Alberta

Yukon

Northwest Territories & Nunavut

Nova Scotia

Prince Edward Island

Newfoundland & Labrador

New Brunswick

Quebec

In general, in order to be eligible to register as an RN or LPN, an applicant will need to demonstrate competency to practice. To demonstrate this, an applicant will need to have their education credentials assessed. Once education credentials are deemed equivalent to nursing education programs in Canada, the nursing regulatory body will then address whether other application requirements are met. Additional application requirements generally include criteria such as work experience, good character, language proficiency, screening for criminal history and registration in the jurisdiction where the applicant currently practices.

Once a positive assessment of the application requirements has been met, Canadian provinces and territories, with the exception of Quebec, require that nurses write the Canadian Registered Nurse Examination (CRNE) or Canadian Practical Nurse Registration Exam (CPNRE) as part of the registration or licensure process (the province of Quebec maintains its own registration examination). At present, these exams can only be written in Canada. Once an applicant has successfully completed the required examination, the applicant may be eligible to work as a nurse in Canada.

Source:http://www.cicnews.com/2013/08/coming-canada-nurse-process-082835.html

Medical Laboratory Technologist in Canada.

English: MLS in his work environment. (Photo credit: Wikipedia)

The profession of medical laboratory technologist is a regulated one in the provinces of Alberta, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Quebec and Saskatchewan. The profession is not regulated in the provinces of British Columbia, Prince Edward Island, Newfoundland and Labrador, and the Territories.

Appropriate provincial and territorial regulatory bodies set the rules and regulations for entry into the profession and issue licenses to those who meet the qualifications.By law, you are not allowed to work as a medical laboratory technologist in any province where it is regulated, if you haven’t been issued a license by the regulatory body there.

The Canadian Society for Medical Laboratory Science(CSMLS) is the national certifying body and professional association for medical laboratory technologists and medical laboratory assistants. The CSMLS conduct examinations for general medical laboratory technology, diagnostic cytology, clinical genetics and medical laboratory assistants. It works in partnership with provincial regulatory bodies, does advocacy work and certifies people in the profession. Its certification is accepted across Canada and required by the provinces and territories that do not have yet an individual regulatory body.

To improve your chances of success to practice your profession in your future country, there are many steps that you can take before immigrating to Canada:

Source: http://www.prepareforcanada.com/career-pathways/medical-laboratory-technologist/medical-laboratory-technologist-pre-arrival/#more-6305

Many international students still waiting for visas to study in Canada

The Strathcona Music Building, formerly Royal Victoria College. (Photo credit: Wikipedia)

The Macdonald-Stewart Library Building houses the Schulich Library of Science and Engineering. (Photo credit: Wikipedia)

English: International Students (Photo credit: Wikipedia)

JAMES BRADSHAW

The Globe and Mail

Just days before thousands of students around the world are set to leave home to begin earning a Canadian education, some still don’t know whether they will be allowed into Canada in time to start school.

An ongoing strike by the Professional Association of Foreign Service Officers (PAFSO) has caused a backlog in processing visas of all types, including those required for international students landing at Canadian colleges and universities. The rate of visa approvals has dropped by 15 per cent, and there has been a 5 per cent decline in requests for visas, a PAFSO representative said.

The hold-ups are bad timing for Canadian schools making a co-ordinated push to raise the country’s profile as a destination for top foreign students. A federally commissioned panel has set the goal of doubling Canada’s international enrolments by 2022, but higher education officials fear the headaches over visa delays are doing harm to Canada’s reputation, and that could have lasting consequences. Each international student kept out of Canada represents a dent in a school’s bottom line. Foreign undergraduates bring important revenue to universities, paying an average of $18,641 in tuition and fees annually, and international students spent an estimated $7.7-billion in 2012.

“It is potentially a very serious issue,” said Gail Bowkett, director of international relations for the Association of Universities and Colleges of Canada. “Perception is key, and if a perception starts spreading that Canada’s difficult to get into, then that really could damage our brand.”

After being admitted to McGill University, Sara Awad, 18, put in her visa application in mid-July through an agent in her hometown of Cairo, Egypt. She was stunned to learn it would take six to seven weeks – she was supposed to be on campus by then.

“My friends who are going to the U.S., they got their visa in three days, or even people going to France, they got it in 10 days,” despite the political turmoil that has engulfed Egypt, she said. “It was a bit difficult.”

Ms. Awad worried she might not make it to McGill in time, and considered the American University in Cairo as a backup plan. Luckily, her father had a contact in Cairo’s Canadian embassy whom he pressed for help, securing her a visa just last week. She is relieved, but will still arrive late in Montreal, and “will miss some parts of the orientation week,” she said.

Many higher education officials had predicted the backlog would be much worse. “So far, it’s not as bad as I thought,” said Ysaac Rodriguez, manager of international student services at Saint Mary’s University, where 26 per cent of students come from abroad – the highest proportion of any Canadian university.

Most colleges and universities are hearing from small numbers of students whose visas are yet to be processed, and who are starting to worry. Mr. Rodriguez has had a few such conversations, and wouldn’t be surprised if he winds up 50 students short at the school’s September orientation. At the University of Waterloo, about 15 students have voiced concerns, while about 20 others have told the University of Calgary they are anxiously awaiting visas.

“We think [the number of affected students is] a bit bigger than that 20, but until a little closer to September, when they’re needing to get on the airplane, we’re not entirely sure,” U of C registrar David Johnston said.

The Association of Canadian Community Colleges (ACCC) was one of several groups to huddle with government and foreign-service union officials, making their concern known. “As we get closer and closer, if [a student] hasn’t received word from Canada about a visa and they’ve got an acceptance to another country – an Australia or a Germany or so forth – then they may go for that option,” ACCC spokesman Shawn Dearn said.

However, the ACCC was assured student requests have been prioritized where possible. Students fearing they won’t get their visa in time “may also submit a letter from an educational institution indicating that the institution would accept a late arrival, specifying until when,” Citizen and Immigration Canada spokesperson Julie Lafortune said in an e-mail.

In response, most schools have given international students a grace period – often until the first week of classes finishes in mid-September – through which they will hold spaces and residence rooms. “We are expecting late arrivals,” said Virginia Macchiavello, director of international development at Centennial College in Toronto, which had 5,000 international students last year. “We will provide support services to catch them up.”

For those who can’t make it soon enough, schools are recommending deferrals until next semester, or even next fall, and crossing their fingers the students don’t go elsewhere instead.

“The worst thing that could happen is that they arrive [too late] and then fall behind,” Mr. Johnston said.