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BUSINESS IMMIGRATION IN ONTARIO, CANADA:Pathways to transfer and recruit temporary foreign talent

This guide provides information on how to obtain authorization to work in Ontario for existing or newly recruited skilled workers. International companies with operations in Ontario, or that will be establishing operations in Ontario, may choose to transfer key personnel or employees with specialized knowledge of company procedures to the province for a temporary period in order to continue the growth of their business, or elect to recruit new talent to Ontario from abroad.

DID YOU KNOW?In Canada, the responsibility for immigration is shared between the Federal and Provincial/Territorial Governments.

The Federal Government is responsible for:

• Selecting individuals to permanentlyimmigrate under Express Entry.

• Selecting individuals to temporarily workin Canada by issuing work permits, andif necessary, conducting Labour MarketImpact Assessments (LMIAs).

• Issuing permanent residence and citizenshipstatus documents.

The Ontario (Provincial) Government is responsible for:

• Recommending individuals for permanentresidence to the Federal Government underthe Ontario Immigrant Nominee Program(OINP).

IMPORTANT BUSINESS IMMIGRATION TIPS for businesses operating in Ontario

All foreign nationals require a work permit to legally work in Ontario. A work permit is a document issued by the Federal Department of Immigration, Refugees and Citizenship Canada (IRCC) that allows a person who is not a permanent resident or Canadian citizen to work temporarily in Canada. Work permits are generally valid for a specific job and employer for a specific length of time.

Most work permits require a Labour Market Impact Assessment (LMIA), which shows that there is a need for a foreign worker to fill a job that no Canadian worker is available to perform.

Certain types of work permits do not require an LMIA. Individuals that qualify to work without an LMIA can apply under the International Mobility Program, which includes exemptions that are based on broader economic, cultural or other competitive advantages for Canada and reciprocal benefits enjoyed by Canadians and permanent residents.

DID YOU KNOW?International companies can first send representatives to the province as business visitors.

A business visitor is an individual that is coming to Ontario to engage in international business activities without directly entering the Ontario labour market, as their primary source of remuneration and place of business remains outside of Ontario. Business visitors usually stay in Ontario for a few days or weeks but are able to stay for up to six months without a work permit.

DID YOU KNOW?Businesses in the United States and Mexico may be eligible for special treatment under the North American Free Trade Agreement (NAFTA).

Businesses in the United States and Mexico can use Chapter 16 of NAFTA to bring in key skilled employees on a temporary basis without requiring an LMIA. To qualify, employees have to be American or Mexican citizens and fall under one of the categories of business visitors, professionals, intra-company transferees and traders (individuals carrying on substantial trade in goods or services) or investors (individuals who establish, develop, administer or provide advice/key technical services to the operation of an investment or are in the process of committing a substantial amount of capital).

A skilled worker is someone whose occupation falls within one of the following National Occupational Classification (NOC) categories:

• Management (NOC 0)• Professional (usually requiring university

education) (NOC A)• Technical and skilled trades (usually

requiring college education orapprenticeship training) (NOC B)

All foreign nationals who require a valid visitor visa to travel to Canada must apply for a work permit at a visa office before entering the country. Depending upon one’s country of citizenship, some individuals are visa-exempt and may be able to apply for a work permit upon arrival. However, visa-exempt individuals (other than U.S. citizens) still require an Electronic Travel Authorization (eTA) to fly to or transit through Canada.

OPTIONS FOR TEMPORARY TRANSFER AND RECRUITMENT OF EMPLOYEES TO CANADA

Type of temporary immigration

Company already located in Ontario or an international company looking to invest in Ontario

Transfer employees to Ontario that currently work for the company abroad

The company will need to: (1) Obtain a work permit with a Labour Market Impact Assessment (LMIA).

OR (2) Obtain an LMIA-exempt work permit. Companies can bring in skilled employees

by using the Intra-Company Transferee exemption, which allows international companies with a parent, subsidiary, branch or affiliate in Canada to temporarily transfer senior executives, managers or employees with specialized knowledge to their location in Canada in order to improve management effectiveness, expand Canadian exports and/or enhance the competitiveness of Canadian entities in overseas markets.

(3) As of June 12, 2017, employers can also bring in LMIA-exempt skilled employees by using the Global Skills Strategy, which facilitates and expedites the process for companies to bring in skilled employees in NOCs 0 and A. Companies will benefit from a two-week processing time. Companies referred by a designated referral partner, such as the Ontario Investment Office, will also have access to a dedicated service channel.

Recruit employees from abroad that do not currently work for the company

The company will need to: (1) Obtain a work permit with a Labour Market Impact Assessment (LMIA). As of June 12,

2017, select qualifying companies can bring in skilled employees by using the Global Talent Stream: a pilot program under the Global Skills Strategy that allows (a) high growth companies or (b) occupations on a “Skills Shortage List” to enjoy faster processing times for the LMIA and work permit by introducing a two-week processing standard for each step. Companies will benefit from a faster processing time and concierge services. OR

(2) Obtain an LMIA-exempt work permit. Companies can use Reciprocal Employment, which allows companies to bring in skilled foreign workers to take up employment in Canada so long as they can demonstrate that Canadians have similar reciprocal opportunities with the company abroad. This is useful for employers that have an exchange program set up. The exchange doesn’t have to be one for one, but the magnitude of exchanges should be reasonably similar on an annual basis.

Short duration stays

The company will need to: (1) Obtain a work permit with a Labour Market Impact Assessment (LMIA).

OR (2) Obtain an LMIA-exempt work permit. Companies can bring in skilled workers by using

the Emergency Repair Personnel exemption that allows for emergency repairs to be carried out regardless of whether the equipment is under warranty, or the Repair Personnel for Out-of-Warranty Equipment exemption that allows for preventative repairs for industrial or commercial equipment. Both exemptions are meant to prevent the disruption of employment.

(3) As of June 12, 2017, employers can bring in LMIA and work permit-exempt high skilled, NOC 0 and/or A, employees by using the Global Skills Strategy for:

• Workers on a short-term work assignment of 15 days (once every six months) or 30 days (once every twelve months).

• Academic researchers who are employed by publicly funded, degree-granting institutions at the college or university level or affiliated research institution coming to perform research on a project for a period no longer than 120 days, once per year.

Printed in Ontario, Canada on recycled paper.

DID YOU KNOW?Family members accompanying a skilled foreign worker may work or study in Canada.

Upon meeting all of the requirements for temporary residence in Canada and completing their own application forms, the spouse or common-law partner and children may accompany a foreign worker to Canada.

If the skilled foreign worker is on a temporary work permit in Ontario, his or her spouse/common law partner and members of the family will need to apply for their own work permit as a skilled foreign worker or may be eligible for an open work permit. Spouses/common law partners who do not wish to work in Canada may enter under a temporary visitor’s visa.

Minor children of skilled workers already in Canada are authorized to study without a study permit at a pre-school, primary or secondary level if one of their parents (biological or adoptive) is authorized to work in Canada. Children who wish to attend post-secondary education will need to obtain a study permit.

For the latest federal immigration updates please consult Immigration, Refugees and Citizenship Canada’s website at: www.cic.gc.ca/english/

DID YOU KNOW?Temporary foreign workers may be eligible for universal health insurance.

Temporary foreign workers who hold a valid work permit may be eligible for Ontario Health Insurance Plan (OHIP) coverage. The worker must be employed full-time with an employer in Ontario for a minimum of six months and maintain their primary place of residence in Ontario. Family members of OHIP-eligible open work permit holders and OHIP-eligible closed work permit holders may also be eligible to be insured by OHIP.

OHIP covers many health services such as: appointments with a family doctor; visits to walk-in clinics and some other health care providers; visits to an emergency room; and medical tests and surgeries.

DO YOU HAVE ADDITIONAL QUESTIONS ABOUT BUSINESS IMMIGRATION, ESTABLISHING, OR EXPANDING YOUR BUSINESS IN ONTARIO?The Ontario Investment Office is a one-stop source for business information, tailored investment solutions and valuable connections for investors looking to establish or expand their business in Ontario.

ONTARIO INVESTMENT OFFICE CONTACT INFO:

CONTACT US DIRECTLY

info@InvestInOntario.com

InvestInOntario.com

1 416-313-3469 or 1-800-819-8701 (North America)

© Queen’s Printer for Ontario, 2017 026066-ENG/09/17

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BUSINESS IMMIGRATION IN ONTARIO, CANADA:IMPORTANT BUSINESS IMMIGRATION TIPS for businesses operating in OntarioOPTIONS FOR TEMPORARY TRANSFER AND RECRUITMENT OF EMPLOYEES TO CANADADO YOU HAVE ADDITIONAL QUESTIONS ABOUT BUSINESS IMMIGRATION, ESTABLISHING, OR EXPANDING YOUR BUSINESS IN ONTARIO?ONTARIO INVESTMENT OFFICE CONTACT INFO: