Immigration Corner | What is the International Mobility Programme?

Dear Miss Powell,

I heard about a new IMP programme that I can apply under to get a work permit. I have family in Ontario and Saskatchewan, and they said they would help me to find a job. Can you tell me if Jamaicans qualify under this programme? What are some of the reasons that an application could be rejected? Thank you for your time.

PO

Dear PO,

The International Mobility Programme (IMP) in Canada was implemented to assist employers to hire qualified temporary foreign workers without the need to get a Labour Market Impact Assessment (LMIA) report. This is a report that requires the employer to prove that there were no qualified or willing persons in Canada to do the required job. The IMP is employer driven, and so you will need a job offer from a qualified employer to apply.

ROLE OF PROSPECTIVE EMPLOYER

The employer must submit an Offer of Employment through the Employer’s Portal before a work permit application is made by the worker. The employer must be located outside the Province of Quebec. Therefore, if the employer is in Ontario or Saskatchewan, then this would satisfy the first requirement.

The next requirement is that the job offer must be for a job that falls within the National Occupation Classification (NOC) of managerial, professional, technical, or skilled trades categories. That means that the job must fall within NOC zero, A or B, or the employer will need to apply for an exemption. Exemptions are not easily obtained, so the employer would need to be prepared to provide detailed explanations and provide documents to substantiate the requests.

An employer must follow the rules and regulations when hiring LMIA-exempt foreign workers. They must pay an employer compliance fee of CND$1,000 and submit an Offer of Employment to Immigration, Refugees and Citizenship Canada (IRCC) via the Employer Portal. Although some employers may be exempt from paying the required fee, the offer of employment must still be submitted through the portal.

The rules are that an employer who has made an offer of employment to a foreign national must, before the foreign national makes an application for a work permit in respect of that employment, provide the following information to the government utilising the Employer Portal. They must provide information such as their name, address, and telephone number and their fax number and electronic mail address; the business number assigned to the employer by the Minister of National Revenue, if applicable; information that demonstrates that the foreign national will be performing work described in the rules; and a copy of the offer of employment made in the form made available to them.

EMPLOYEE/FOREIGN NATIONAL REQUIREMENTS

You, the applicant must clearly demonstrate that you have the work experience, education, and the language requirements for your application to be successful. You must pass all medical and security checks. While you do not need a lawyer to assist you with this matter, it is recommended that you consult with an authorised Canadian immigration lawyer who can guide you with your application and evaluate the documents before applying.

Be prepared to provide a copy of your resume, job letters from present and past employers, a copy of your degree, diploma, and certificates. If you study outside of Canada, you will need an educational credential assessment report to prove that your degree is the equivalent of a Canadian certification.

Your language skills are critical to this application. You must show competence in English and/or French. Your habitual language of daily use will be evaluated even if the language of work is different. For English, the acceptable language examinations are the International English Language Testing System, General Training or the Canadian English Language Proficiency Index Program, General. For French, the acceptable reports are Test d’Evaluation de Français or Test de Connaissance du Français. Applicants are expected to clearly demonstrate that they have obtained a Canadian Language Benchmark or Niveau de Compétence Linguistique Canadien of Level 7 or higher. You could be asked to attend an interview if you do not present these reports.

Although applications can be accepted at port of entry or from within Canada after entry, IRCC recommends that work permit applications be submitted online or via a visa application centre overseas.

REASONS FOR REFUSALS

A work permit application will be refused if the employer has not paid the employer compliance fee unless the employer has been exempted from paying the fee or if the employer has not submitted an Offer of Employment as per the regulations.

Some other reasons that a work permit could be refused are if the foreign national is not qualified, is deemed inadmissible, or has not clearly demonstrated an intention to return to his home country when the permit has expired.

A refund of the employer compliance fee may be initiated if the work permit application is refused or if the employer withdraws their offer of employment in writing prior to the issuance of the work permit, and the work permit application is therefore refused.

Deidre S. Powell is an immigration lawyer with office in Ottawa, Ontario. She is a member of the Law Society of Ontario and the General Legal Council of Jamaica. Send your questions or book an online consultation via www.deidrepowell.com or call 613-695-8777.