Category: Business Visitors

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Business Visitors COVID-19 Immigration & Travel Issues Work Permits

The New Canada-UK Trade Continuity Agreement

UK flag representing new agreement for expedited work permits for UK nationals in Canada

After the United Kingdom departed from the European Union, certain agreements between England and other countries as a result of its former membership with the EU no longer applied. For example, the United Kingdom was included as part of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) while it was still included within the European Union. Under CETA, citizens of European Union states are eligible to apply for work permits in Canada. An important feature of this work permit program is that they allow for expedited processing as a result of the fact that they do not require the applicant or the employer to submit a Labour Market Impact Assessment. For United Kingdom nationals in Canada who came under the auspices of CETA, there was a sort of limbo state where they were unsure of how their status would be viewed in light of the UK’s departure from the European Union.

New United Kingdom-Canada Immigration Regulations

Now, Canada and the United Kingdom have come to a new agreement in order to replace CETA. The new agreement between the two countries is called the Canada-UK Trade Continuity Agreement (Canada-UK TCA). The new agreement is largely a continuation of the CETA conditions, except this agreement is solely between the UK and Canada.

The impact of Brexit on UK nationals who are already in Canada is that there residency is now governed by the Canada-UK TCA rather than CETA. If a UK national came to Canada under a CETA work permit, in order to apply for an extension they now will need to make their application under Canada-UK TCA.

Similar to the CETA, the Canada-UK TCA will allow UK nationals to come to Canada through different classifications including investors, business visitors, contractors and professionals, intra-company transferees and engineering and scientific technologists. Each category has different application requirements, and each provides for a different amount of time within Canada before an extension will be necessary.

Investors

Personnel who are involved in an investment can be granted a visa for one year with the possibility of extension. In order to be classified as an investor, one must:

  • Be the actual investor,
  • Be in a position to establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive, or
  • Be employed by an enterprise that has committed a substantial amount of capital.

Intra-Company Transferees

International companies may send their employees to work in Canada as an intra-company transferee. People eligible under this classification have to be senior personnel, specialists, or graduate trainees. Coming to Canada as an intra-company transferee allows someone to stay in Canada for an initial period of up to three years or for the length of their contract. There is also an extension potential of up to 18 months.

Business Visitors

Short-term business visitors are more restricted on how long they can stay in Canada, and what they are allowed to do when they are here. Business visitors can only stay in Canada for up to 90 days during any given six-month period. Further, they must come to Canada for the purposes of a specific project and are prohibited from selling goods or services or receiving payment from a Canadian source.

Contractors and Professionals

For this category, an applicant must be contracted to provide an eligible service for no longer than one year. In order to apply under this category, applicants must have a university degree or some sort of qualification demonstrating their knowledge to an equivalent level.

Engineering and Scientific Technologists

For this group, the applicant must have a job offer in place and their employer must submit the offer of employment to the Canadian government. The applicants must also show that they have the necessary qualifications to carry out their duties within Canada. Engineering applicants must have acquired at least a 3-year post-secondary degree whereas scientific applicants need at least a three-year degree in a scientific discipline.

Overall, the implementation of the Canada-UK TCA will ensure that workers in Canada from the United Kingdom can apply for extensions under the same conditions from CETA. Additionally, the agreement ensures that new UK national applicants can still come to Canada, provided that they fall into one of the categories under the agreement.

Cross-Border Vaccine Clinic Update

Last week, we wrote about how some Canadians were able to cross the Canada-United States border in order to receive vaccines within the United States. The Blackfeet tribe located in the state of Montana had received extra vaccines and set up a clinic to offer them to Canadians. This cross-border vaccine program initially received approval from both the Canadian and American governments, and Albertans began to cross the border in order to be vaccinated. Meanwhile, some Canadians in British Columbia and Ontario attempted to cross the border to be vaccinated only to be turned away at the border. This created some confusion amongst Canadians, as some Canadians were allowed over the border, while others were denied as the “essentiality” of travelling to be vaccinated was disputed by United States Customs and Border Patrol.

Now, the situation has been made clearer. Crossing the border to receive a vaccine is not “essential” so Canadians will be unable to cross the border for the purpose of receiving a vaccine. The essential classification that determines crossing will remain in place for at least another month as it was confirmed that the border restrictions that have been in place since March 2020 will continue to be in place until at least June 21, 2021.

If you happen to be in the United States already or do have an essential reason for crossing the border, you can book a vaccine appointment within the United States, however, border patrol will not let you cross the border if that is the primary purpose of your visit.

Contact Garson Immigration Law in Toronto for Timely Immigration Advice and Assistance

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We are dedicated to successfully guiding clients through the immigration process. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

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Business Visitors Work Permits

Canada’s International Mobility Program for Performers: An Overview

With several major cities and film and television production hubs in Vancouver, Toronto and other pockets of the country, Canada is a major destination for entertainment performers in a variety of professions. Whether moving to Canada temporarily to work on a television production or playing a two-night concert in Toronto or Winnipeg, all performers arriving to work in Canada must obtain either a temporary work permit or authorization to enter and work without a permit.

Typically, employers looking to bring foreign employees into Canada on a work permit must also obtain what is known as a Labour Market Impact Assessment, which is further explained below. This assessment can add significant time and cost to the process of obtaining a permit, however, some employers and employees in the entertainment field are exempt through the International Mobility Program (IMP). Below, we look at the basics that performers and employers should know about both work-permit exempt entry as well as how the IMP can save employers time and money when hiring foreign workers for longer-term positions in the entertainment industry.

Two Streams of Entry for Foreign Performers and Associates

When it comes to performers entering Canada for work, there are two ways to go about it. The path to be taken will be dependent on the type of work the person will be engaging in and the length of time they will be in the country. In some cases, those entering Canada for a limited engagement will not require a work permit and will be considered a business visitor instead. For those looking to work in Canada for an extended period of time, they will be classified as a temporary foreign worker and will require a work permit. The time required for each stream is quite different and anyone looking to enter Canada as a performer (or hire a foreign worker in Canada) should be aware of the timing in advance to be sure they start the process early enough to avoid production delays.

No Work Permit Required

For those entering Canada for work that is not deemed part of Canada’s labour force, a work permit or visa is not required. However, it is still important to declare the purpose for the trip and obtain the necessary authorization to enter for work purposes. Examples of entertainment-related work that will generally exempt performers, crew and other associated employees from the need to obtain a work permit requirement are:

  • Limited engagement concert tours
  • Touring theatre productions
  • Musicians and buskers performing in music festivals
  • Competition judges

Work Permit Required

Those who are entering Canada for an extended working arrangement are generally considered to be entering the Canadian workforce and will therefore be required to go through the necessary process of obtaining a work permit. Typically, anyone entering Canada to work on a television or film production in Canada will be considered a temporary foreign worker rather than a business visitor. Similarly, anyone said to be entering into an employment relationship with a Canadian employer will also require a permit. An employment relationship is an arrangement that requires a performer to perform on a regular basis over a period of time in the same venue. To illustrate this concept, consider a musician playing a three-night gig at a bar (business visitor) vs. a musician hired to perform two nights per week for a period of six months (temporary foreign worker).

Ordinarily when a Canadian employer is looking to bring a foreign worker into the country under a work permit, they will also be required to go through the process of obtaining a Labour Market Impact Assessment (LMIA). This requires the employer to advertise the position in Canada and demonstrate that the role could not otherwise be filled by a Canadian citizen or permanent resident. However, under Canada’s International Mobility Program, certain roles are exempted from the LMIA process, saving significant time and cost for all involved.

For example, film and television productions in Canada are not required to obtain an LMIA for performers and crew brought in from outside of Canada. The reason for this is that attracting high value film and television productions to Canada creates a significant economic benefit for Canadians in general. Commonly, when a television show or film is produced in Canada, a portion of the cast and some of the crew may be brought in from outside of the country, but the production also often hires locally for supporting roles and a large portion of the crew. These roles are often well-paying and unionized, therefore providing a significant benefit to the local area.

Anyone who is unsure of which stream will be appropriate for their needs, or who requires guidance in navigating the complex immigration requirements should reach out to an experienced immigration lawyer to discuss their options well in advance to ensure they avoid potential delays.

Effects of COVID-19 on Entry into Canada for Performers

Due to the current global pandemic, large gatherings of people are currently not permitted in the country, which means that concerts, theatrical productions, and even television sets have been temporarily cancelled or shut down. Further, the Canada/U.S. border is currently closed to anything other than essential travel. As a result, it’s likely that any performer seeking entry into Canada at the present time would be turned away as being non-essential. It is unknown when things will begin to return to some version of “normal”, allowing bars and restaurants to reopen, theatres to begin staging shows or movie and television production to resume.

The immigration lawyers at Garson Immigration Law will continue to monitor all developments surrounding immigration in relation to COVID-19 and will provide updates as we receive them. If you have questions about the International Mobility Program, entering Canada as a performer, or how COVID-19 might impact your business’s immediate and long-range immigration needs, please reach out to Garson Immigration Law online or by calling us at 416-321-2860.