Answer: That depends. Business visitor is one of the most frequently used and misunderstood categories of temporary entry in Canada.

Generally speaking, a business visitor is defined as a foreign national who seeks to engage in international business activities in Canada without directly entering the Canadian labour market (as entering the Canadian labour market would trigger the need for a work permit), and must meet these two conditions: [1]

(a) the primary source of remuneration for the business activities is outside Canada; and

(b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.

Suppose John, CEO of a company in Netherlands, is coming to Canada to attend a business meeting that involves sales negotiation on behalf of a Canadian subsidiary, which he anticipates should benefit if the meeting results in a sale.  Throughout his visit, John will remain on the payroll of his company outside Canada, and he is only coming in for a meeting that lasts three hours in Canada.

Based on the information above, John might not be eligible to enter Canada as a business visitor under R187(3)(b), given that if the business meeting should lead to a sale, the Canadian company will benefit from the accrual of profits.

Therefore, even if you are coming into Canada solely to attend business meetings, note that you may not necessarily meet the legal definition of  a “business visitor” and depending on the context including your proposed business activities, you may need a work permit. We would recommend consulting a legal representative to determine whether you qualify entry as a business visitor, and if you do, to ensure that you enter Canada with the necessary paperwork that would facilitate your entry.

For more information on Temporary Migration, please click here.

(Sources)

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See recent article here.

For more information on Temporary Migration, please click here.

The post Australia Changes to 457 Visas first appeared on Bellissimo Law Group.

This growing interest in immigration by smaller and rural communities across Canada stems from a number of factors, not the least of which is the steadily declining populations in these areas and repeated confirmation by Statistics Canada that immigration has been, and will continue to be the driving factor for Canada’s overall population growth. Current Stat Can projections suggest that by about 2031, immigration will account for more than 80% of Canada’s population growth.[1] This becomes even more acute in low-density areas, where youth out-migration and an aging workforce outpaces the number of new arrivals.

While communities across Ontario are now beginning to recognize the importance of immigration  and develop municipal strategies to attract newcomers to their communities, northern Ontario has been on the leading edge of this for the better part of the last decade, having long recognized the business case for immigration. In sustained conversation with their business leaders, employers, and community agencies, the region continues to focus on tapping into the wealth of skilled immigrants interested in, or recently arrived in Canada, developing tools and programs for immigrants to more easily connect to the opportunities available. This investment in the attraction of immigrants has paid off, with an increasing number of newcomers choosing to relocate to northern Ontario, taking advantage of the business opportunities and quality of life that exists a short 2.5 hour drive north of Toronto. The region is now also hoping to work towards the development of new immigration streams to further encourage direct immigration to northern Ontario[2].

Having worked in northeastern Ontario – North Bay, specifically – for a number of years, I have had the opportunity to be closely involved in the development of the area’s immigration initiatives and continue to support the development of accessible immigration strategies for the north, including ensuring access to immigration representation on a wide range of immigration matters. Immigration, Refugees and Citizenship Canada (IRCC) also recognizes and accommodates applicants who live outside of the major centres, providing access to itinerant services, such as requests to complete the required immigration medical exams by non-Panel physicians when Panel Physicians are not available within 250 kilometres from an applicant’s place of residence in Canada.

For more information on Permanent or Temporary Migration, please click here and here.

(Sources)

The post Small Towns Target Immigrants first appeared on Bellissimo Law Group.

The poll also found that preference towards assimilation of minorities tends to increase with age as well as length of time spent living in Canada. 53% of Canadians between the ages of 18 to 34 feel that “we should encourage cultural diversity with different groups keeping their own customs and languages;” compared to only 31% of those aged 35 to 54, and a mere 17% of those aged 55+ agreeing with this sentiment.

Fortunately, Canada’s hardening attitude towards multiculturalism does not appear to be affecting how welcome newcomers to Canada feel. 83% of immigrants who have been in Canada for less than 10 years feel welcome as a part of the community they live in. In addition, in spite of the growing preference towards assimilation, 67% of Canadians indicated that they were satisfied with how well new immigrants were integrating into their communities.

For more information on Temporary or Permanent Migration to Canada, click here.

(Sources)

The post Study Finds Canada Now More in Favour of Assimilation Than United States first appeared on Bellissimo Law Group.

What exactly are “anti-Canadian values?” Now if someone asked me the positive of that question – “what are Canadian values?” – the answer would be very easy, just look at the Canadian Charter of Rights and Freedoms. The fundamental values of Canadian society are perfectly reflected in the Charter, part of the supreme law of Canada. Section 27 of the Charter provides guidance as to how it should be interpreted: “in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.”

The multicultural nature of Canadian society is a fairly non-contentious issue. The goal of preserving and enhancing multiculturalism is even explicitly enunciated in the Charter. In addition, Canada was the first country in the world to ever adopt multiculturalism as an official policy in 1971.

So, if this is all true, then why would we ever want to “screen” out immigrants on the basis that their values are different from ours? One would have thought that differing thoughts, beliefs, and opinions could only serve to preserve and enhance multicultural Canada. The greatest irony in asking whether we should screen potential immigrants for anti-Canadian values is that this whole exercise is in and of itself anti-Canadian.

For more information on Immigration into Canada, please click here or here.

(Sources)

The post Screening for “Anti-Canadian Values” is Anti-Canadian first appeared on Bellissimo Law Group.

What is the purpose of a TRP?

TRPs are listed in section 24 of the Immigration and Refugee Protection Act IRPA and operate to soften the sometimes harsh consequences of the strict application of the IRPA, which surfaces in cases where there may be “compelling reasons” to allow a foreign national to enter or remain in Canada, despite inadmissibility or non-compliance. Basically, TRPs allow officers to respond to exceptional circumstances while meeting Canada’s social, humanitarian, and economic commitments.[1]  The following persons are eligible for a TRP:

Any person who is: 

• Inadmissible and seeking to come into Canada if an officer is of the opinion that it is justified in the circumstances;
• in Canada and is inadmissible, subject to a report or reportable for violation of the Act, or does not otherwise meet the requirements of the Act;
• not eligible for restoration of status.

When are TRPs granted?         

In determining whether a TRP should be granted generally, officers are obligated to weigh the need and risk factors of each case.  The In Land Processing Manual lists specific factors, some obligatory and some discretionary, that are to be considered in performing this assessment:

Officers must consider:

1. the factors that make the person’s presence in Canada necessary (e.g., family ties, job qualifications, economic contribution, temporary attendance at an event);
2. the intention of the legislation (e.g., protecting public health or the health care system).

 The assessment may involve:

1. the essential purpose of the person’s presence in Canada;
2. the type/class of application and pertinent family composition, both in the home country and in Canada;
3. if medical treatment is involved, whether or not the treatment is reasonably available in Canada or elsewhere (comments on the relative costs/accessibility may be helpful), and anticipated effectiveness of treatment;
4. the tangible or intangible benefits which may accrue to the person concerned and to others; and
5. the identity of the sponsor (in a foreign national case) or host or employer (in a temporary resident case).[2]

Where can I apply for a TRP and for how long?

TRPs may be issued at ports of entry and inland offices while permit extensions are only issued inland.  Although certain applicants apply in person, most applicants apply in writing.  An initial permit may be granted for a maximum of three years, and may be extended for another two years.  Depending upon the reason for entry to Canada, the time request could be for as short as one day.

Written submissions on a TRP application should, therefore, provide a ‘‘needs versus risk” assessment emphasizing the pressing need for the person to enter or remain in Canada and demonstrating that the applicant poses a minimal risk to Canadians or no risk at all. It is important to be aware that a TRP is deemed cancelled when the permit holder leaves Canada, unless the document authorizes re-entry.

Is an interview required?

Interviews are usually necessary for serious inadmissibility or flagrant or intentional violations, or to assess credibility, merit, or risk and the degree of contrition. An interview may not be necessary if inadmissibility is on health or technical grounds and when credibility or merit is not an issue or where the inadmissibility involves one or two minor (summary) offences and five years has passed.

For more information on Temporary Migration, please click here. If you require one to enter Canada, please contact us today.

(Sources)

The post Temporary Resident Permits (TRP) –Should I Apply? first appeared on Bellissimo Law Group.

Canada hosts more than 35 million visitors every year. Starting February 6^th 2014, visitors to Canada will automatically be considered for multiple entry- visas. This will allow qualified visitors to enter Canada for six months at a time during the validity of the visa for up to 10 years, without having to reapply each visit.

The processing fee for both single and multiple entry- visas will now be $100.  According to Citizenship and Immigration Canada (CIC), this will simplify the visa application process while increasing tourism and trade; Generating a higher number of eligible travellers who are able to make multiple visits to Canada.

Citizenship and Immigration Canada have made changes to other fees in the temporary resident program effective February 6^th, 2014. These changes will reduce cost to Canadian taxpayers which will reflect the real cost of processing applications.

The changes will include the following (all in CAD $)

Click here for more information on the Temporary Resident Program

The post New Fees for the Temporary Resident Program first appeared on Bellissimo Law Group.

A Canadian visa, known as a Temporary Resident Visa (TRV), may be required if you are visiting on vacation, planning to study or to work temporarily in the country. You can apply for a single entry or multiple entry TRV at a Canadian Visa office outside of Canada and it will be issued if the officer believes you satisfy the requirements for admission to Canada.

Visitor visas are valid for a maximum of 6 months while student visas are valid for the duration of the program of study and work visas are valid for the duration of the work permit.

You can apply to extend your Canadian Visa if needed by submitting an application to Change Conditions or Extend Your Stay in Canada.

Click here to find out which countries require a Canadian Visa to enter the country.

Click here to learn more about temporary migration.

The post Who needs a Canadian Visa? first appeared on Bellissimo Law Group.

Fee for Labour Market Opinion

Effective July 31, 2013 employers must pay a processing fee of $275 for each position requested to cover the cost of a Labour Market Opinion (LMO).

Language restriction

English and French are the only languages that can be identified as a job requirement, both in LMO requests and in advertisements by employers applying to hire TFWs, unless employers can demonstrate that another language is essential for the job.

Advertising requirements

Employers must advertise available positions in Canada for at least four weeks before applying for an LMO.

In addition to advertising on the national Job Bank website or the equivalent provincial/territorial websites, employers must prove that they have used at least two other recruitment methods that are consistent with the advertising practices for the occupation.

1. If hiring for a higher-skilled occupation—one of the methods must be national in scope;
2. If hiring for a lower-skilled occupation—employers must demonstrate that they made efforts to target under-represented groups in the labour force.

Employers must also continue to actively seek qualified Canadians to fill the advertised positions until an LMO has been issued.

Click here to learn more about work permits and labour market opinion (LMO)

The post Changes to the Temporary Foreign Worker Program first appeared on Bellissimo Law Group.