Changes will make it more difficult for employers to get their employees work permits under the International Mobility Program
The federal government has introduced several changes to the International Mobility Program (IMP), tightening the requirements for employers seeking work permits for their employees under this pathway.
One of the key rule changes requires officers to ensure that companies have “revenue-generating operations in at least two countries before establishing an enterprise in Canada,” according to a report by CIC (Citizenship and Immigration Canada). This aims to verify that businesses seeking to expand into Canada are already operating successfully in multiple markets.
In addition, new guidelines clarify that intra-company transferees (ICTs) must be currently employed in executive, managerial, or specialized knowledge roles within a foreign branch of an existing multinational corporation to qualify for the ICT immigration pathway.
Executives and managers transferred to Canada can now stay for an initial maximum of three years, or one year for start-ups. Their permits can be renewed for two years, but their total stay cannot exceed seven years. For specialized knowledge workers, the initial stay is capped at three years (one year for start-ups), with a maximum total stay of five years.
New IRCC rules for remote work
Immigration, Refugees, and Citizenship Canada (IRCC) also introduced new criteria surrounding remote work for foreign nationals. Employers will now need to provide a reasonable explanation for why a foreign worker must be physically present in Canada if the job could be done remotely.
Additionally, ICT applicants must now work at the physical commercial premises where business operations are conducted. Individuals working for businesses without a physical commercial location in Canada will no longer be eligible for the ICT program.
According to CIC, these changes will increase the difficulty for employers in obtaining work permits under the International Mobility Program.
The International Mobility Program lets employers hire a temporary worker without a Labour Market Impact Assessment (LMIA).
Free trade agreements for IMP
According to CIC, IRCC has also updated staff documentation related to the following free trade agreements, all related to the International Mobility Program:
- Canada–United States–Mexico Agreement
- Canada–Korea Free Trade Agreement
- Canada–Peru Free Trade Agreement
- Canada–Colombia Free Trade Agreement
- Canada–Chile Free Trade Agreement
- Canada–European Union: Comprehensive Economic and Trade Agreement
- Canada–United Kingdom Trade Continuity Agreement
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
IRCC has updated instructions related to these free trade agreements (FTAs) by standardizing the format in the following ways:
- Integrating all guidance on assessing ICTs into the ICT instructions for each FTA
- Formatting instructions as individual pages for each temporary work provision
- Including an overview page.
On the same day, IRCC also updated guidelines for entering information in GCMS for representatives.
Recently, Ottawa agreed to give new work permits to up to 215 temporary workers identified and supported by the Yukon government to continue working while they process their permanent residence applications under the Yukon Nominee Program.
Ottawa had faced criticism over the changes it introduced to the Temporary Foreign Worker (TFW) Program.