CONVINUS Global Mobility Insights - Herbst / Fall 2024 1.1 After-Sales Service Providers: A Subcategory of Business Visitors A specialised category of business visitors is the After-Sales Service Providers. These professionals may enter Canada to provide repair or maintenance services for commercial or industrial equipment purchased or leased from outside of Canada. This work must be part of the original sales, lease, or warranty agreement. However, hands-on building and construction work typically performed by tradespeople is not included in this category. For entry under this exemption, business visitors performing after-sales services must carry documentation, such as the original sales agreement, lease, or warranty, to present at the Canadian port of entry. If the contract is in a language other than English or French, a certified translation must be provided. Any work extending beyond two days may also require a Visitor Record, which immigration officials may issue upon arrival. 2. Work Permits: When a Business Visitor Exemption Does Not Apply If the foreign national's activities do not qualify under the business visitor exemption, the next step is to apply for a Work Permit. According to Immigration, Refugees and Citizenship Canada (IRCC), “work” is defined as any activity for which wages or commission is earned, or which competes directly with the activities of Canadian citizens or permanent residents in the labour market. The work permit serves as the legal authorisation for the foreign national to work in Canada. Upon issuance, the permit will outline conditions such as the expiry date and any specific work-related restrictions. There are two primary pathways to obtain a work permit: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). 2.1 The Temporary Foreign Worker Program (TFWP) The TFWP is jointly managed by IRCC and Employment and Social Development Canada (ESDC). It allows Canadian employers to hire foreign workers in situations where qualified Canadian citizens or permanent residents are unavailable. To employ foreign nationals under this programme, employers must obtain a Labour 32
CONVINUS Global Mobility Insights - Herbst / Fall 2024 Market Impact Assessment (LMIA), which demonstrates that hiring the foreign worker will not negatively impact the Canadian job market. The LMIA process involves advertising the job and making recruitment efforts to find Canadian candidates. Employers must show that they have complied with ESDC’s minimum advertising requirements before applying. The wages and working conditions offered to the foreign worker must also align with Canadian standards for the occupation and region. Employers can submit a single LMIA application for multiple positions in the same occupation, but processing fees are calculated based on the number of workers required. Once a positive LMIA is received, the employer can finalise the recruitment process, allowing the foreign worker to apply for a work permit. Additionally, LMIAs can serve as arranged employment under Canada’s Permanent Residency (PR) programmes, giving foreign workers an advantage if they choose to stay in Canada permanently. 2.2 The International Mobility Program (IMP) The IMP offers a more streamlined alternative to the TFWP, as it includes work permit categories that do not require an LMIA. This programme is attractive to employers as it allows for quicker entry of foreign workers into Canada, often with fewer restrictions. One of the most common IMP categories is the Intra-Company Transferee (ICT), which allows employees of multinational companies to transfer to a Canadian office. To qualify, the foreign worker must have been employed in a senior executive, managerial, or specialised knowledge role with the parent, branch, or subsidiary of the Canadian company. The individual must have worked for the foreign entity on a full-time basis for at least one year within the three years prior to applying for the ICT permit. Foreign workers entering under the ICT category must meet wage requirements commensurate with their advanced level of specialised knowledge. The work permits are generally issued for one to three years, with the possibility of extensions, up to a maximum of seven years for senior managers and executives 33
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