As a business law firm dedicated to facilitating business operations, smooth employment relationships, and immigration processes, our firm recognizes the intricate challenges faced by employers and foreign employees during the Canadian permanent residency application process. This guide highlights the pivotal role employers can play in aiding employees with either open or closed work permits as they transition towards becoming permanent residents of Canada.
Addressing Procrastination in Work Permit Renewals
It is common for employees to postpone seeking renewal of their work permits, often influenced by their applications for permanent residency. Once an application for permanent residency (excluding Quebec) is submitted, they become eligible for a Bridging Open Work Permit (BOWP), which maintains their legal status during the transition from temporary worker to permanent resident. In Quebec, obtaining a Certificate of Selection of Quebec (CSQ) as a skilled worker allows them to apply for a closed work permit, and following the receipt of their permanent residency application acknowledgment, they may apply for an open work permit.
The predicament arises when employees are mere months away from their work permit expiry without having secured an Invitation to Apply (ITA) for permanent residency or their CSQ in Quebec. This is when they often seek their employer's assistance, fearing they lack sufficient time to obtain a work permit extension through the permanent residency process.
Navigating the Challenge of Applying for Permanent Residency
Securing an ITA (in all provinces except Quebec) is currently challenging, requiring a Comprehensive Ranking System (CRS) score that is considerably high, with recent draws ranging between 515-550 points. This threshold is demanding for many applicants. Factors contributing to heightened CRS scores include:
- Backlogs in permanent residency programs due to the pandemic.
- An influx of post-graduate work permit holders from pandemic-related extensions.
- Increased presence of temporary students and workers in Canada addressing labor shortages.
- Candidates striving for higher CRS scores, inadvertently raising the bar for all.
In Quebec, the Quebec Experience Program is accessible to employees who demonstrate proficiency in French, requiring a spoken French competency corresponding to level 7 on the Québec scale of proficiency levels, which denotes a high intermediate ability. Additionally, candidates must have accumulated at least two years of work experience in managerial, professional, or technical positions, classified under TEER categories 0, 1, 2, or 3 according to the National Occupational Classification. Unlike other immigration programs, the Quebec Experience Program does not necessitate an invitation to apply.
Furthermore, the province offers the Regular Skilled Worker Program, which operates on a points-based system and does mandate an invitation; however, this system is slated for revision in November 2024. Currently, potential applicants with insufficient French language skills are at a disadvantage as they are unlikely to receive invitations under this program. Consequently, it is crucial for foreign workers aiming to establish themselves in Quebec to prioritize learning French promptly. Employers play a pivotal role in supporting this linguistic acquisition.
Employer Assistance Strategies
Employers can assist their employees in various ways to improve their chances of receiving an invitation, both in Quebec and in the rest of Canada, and submitting a permanent residency application by:
- Investigating alternative Permanent Residency avenues, such as Provincial Nominee Programs, especially for those intending to live outside Quebec.
- Enhancing language skills by retaking tests for better scores or, in Quebec, focusing on French language acquisition. Employers could provide French lessons in the workplace.
- Obtaining a Labour Market Impact Assessment (LMIA) from Service Canada to earn points for arranged employment in all provinces except Quebec or securing a validated job offer in Quebec.
- Helping employees extend their work permit, particularly under a closed work permit scenario.
Foreign workers frequently seek employer support in these areas. It is important to recognize that these solutions are not immediate, not guaranteed, and may incur considerable costs and time for both parties.
Selecting the Appropriate LMIA Path
When considering an LMIA, it is crucial to choose the right category. LMIAs for permanent residency purposes (outside Quebec) are free but do not apply to work permit extensions. In contrast, Global Talent Stream (GTS) LMIAs can support work permit applications and can be initiated through a work permit application to assist a permanent residency application. Employers must weigh timing, long-term goals, and immediate needs when deciding which LMIA path to take.
Maintaining Consistency and Fairness
Providing support to one employee may set a precedent in the workplace, an aspect to consider for employers with multiple international employees in similar positions. Ensuring fairness and consistency in involvement is vital to maintaining a positive and equitable work environment.
In summary, employers play a critical role in supporting their employees' journeys towards permanent residency. By understanding the details of the Express Entry system and Quebec's programs, informed decisions can be made to benefit both the organization and its international talent.
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