Archive for the ‘ Permisos de residencia-Canada ’ Category

Work Visas and Immigration Visa in Canada

 

Work Visas and Immigration Visa in Canada  
  • Work Visa and Permanent Visa Options in Canada 
  • Hints for Work Visa / Immigration Visa Documentations
  • Ask An Immigration Attorney  

WORK VISA OPTIONS:

Temporary Work Visa:

For many people entering the workforce, this is the visa of choice. One benefit is that it can often be obtained in a very short time. To oversimplify the requirements, an TW visa can be applied for if you have at least a four-year bachelor’s degree or higher, and the position in which you will work requires at least a four-year degree. The general requirements for the TW visa are set forth on the CIC website. These visas used to be easy to obtain; nowadays nothing is easy to obtain from the CIC ( Canada Immigration). This firm is familiar with all aspects of applying for TW visas, including ensuring that the job description meets the TW visa requirements, the prevailing wage is properly met, and the applicant meets the legal requirements. We also set it up to lay a foundation for a later permanent visa, should you want one. TW visas can be issued for up to two years at a time, to a maximum of three years. Many people use that three years to obtain Canadian permanent residency, and the TW (Temporary Work Visa) is a good platform from which to do so.

Another benefit of the TW visa, at least for university teaching positions, is that in some instances the same job, even the same advertising campaign and search committee process, can be the basis for both a successful TW application and a permanent resident visa application. This is explained more fully under some universities Faculty  and should be carefully examined, so that a great opportunity is not lost. 

Visa Waiver for Individuals of Extraordinary Ability:

For some, another work visa option is the  Visa for Foreign People of Extraordinary Ability. This visa category is available to those whose accomplishments are truly outstanding, as shown by a higher level of accomplishment than their peers in such areas as the quality and number of their publications and the prestige of the journals in which they are published, the number and importance of reviews the applicant has performed on the work of others, the amount of salary, receipt of prominent awards, presentations at prestigious colloquia, membership in prestigious organizations, articles about the applicant, and major contributions made by the applicant in his or her field of endeavor, among others. Extensive documentation must be provided, to prove a level of sustained national, and sometimes international, acclaim. 

This visa requires a lot more than merely submitting a copy of one’s C.V. and a few letters from colleagues stating that the individual is of high caliber. For an example of how difficult these applications can be, check these administrative decisions that show the grounds for rejection, even of very highly accomplished individuals. Our linked law firm stays abreast of the requirements for successful WV visa applications, and understands how to “package” one’s accomplishments in a way that is palatable to the immigration authorities. One benefit of the WV visa category is that successful applicants will have laid a good foundation for a permanent visa based, for instance an Outstanding Professor or Researcher application, or an Extraordinary Ability Application. 

// //

TN Visa:

Certain professionals from U.S. and Mexico qualify for TN or “Treaty NAFTA” visas, valid for one year, renewable for as long as the individual continues to qualify. To oversimplify, the visa is issued to those with at least a Bachelor’s degree, in a position that requires a Bachelor’s degree. It cannot be used for self-employment. One qualification is that the individual must maintain a residence in, and must prove an intent to return to, his or her homeland in U.S. or Mexico. Filing an application for AEO Certification,  or for Permanent Residence demonstrates an intention to remain in Canada, and can lead to prompt termination of TN status. For U.S., TN visas are faster and easier to obtain than SW visas and are often useful as intermediate visas; for Mexicans they are almost as difficult as SW visas to obtain and often, but not always, are not worth the trouble.

International Treaties such as the North American Free Trade Agreement (NAFTA), the Canada Chile Free Trade Agreement (CCFTA), or the General Agreement on Trade in Services (GATS);

SKILLED WORKER:

Employment Opinion (AEO) Certification

Canada Arranged Employment Opinion (AEO) to CIC factors into the assessment of a Skilled Worker application for Permanent Residency that no qualified Canadian wants the job that you want as the basis for your permanent visa. AEO is not required for TW, Business Class, or Religious nonimmigrant visas. AEO for professionals is only required if you are seeking a Permanent Resident Visa (“Resident Card”). AEO cetification is a complex process. AEO requires the full cooperation of your employer; the application must be filed by an employer who wants to hire you on a permanent basis. The employer must engage in a campaign of advertising that is designed to locate qualified Canadian workers; if no qualified, willing and able Canadian workers apply; and if the job requirements set forth in the ad are not unfair to Canadian. workers (citizens and resident card holders); and if the salary is in keeping with the level of the work; and other requirements are met; the HRSDC issues a AEO. With this, and proof that you meet the qualifications for the job, you can apply for permanent residency. The rules for advertising for AEO certification are complicated and they vary, depending on which of the three approaches is used: Regular AEO Certification, Reduction in Recruitment, or Special Handling AEO Certification. They also vary province-by-province and by regions within Canada. These rules are about to undergo extensive reworking when Canada HRSDC promulgates “WORK” regulations, after 2003. If you can apply prior to that time, it may be more beneficial, particularly for college faculty positions.

 

AEO for College, university Faculty or Research Associates:

For those of you who obtain a full-time position at a high institution either a college or an university, whether a research position or a teaching position, that involves teaching at least one college level class, you may qualify for the fastest AEO Certification process, “Special Handling”. For others, you may qualify for the second-fastest, “Reduction in Recruitment”. If you presently have an TW visa, you should promptly determine whether your present position may also qualify you for a AEO certificate, for two important reasons. First, there are strict time limits within which your application must be filed, for Reduction in Recruitment 6 months, for Special Handling positions 18 months. Second, the WORK regulations will eliminate the special handling program for college faculty. The point is – don’t delay in finding out if your newly-acquired job, or the job you got 17 months ago on a temporary visa, might also be the basis for your permanent residency. 

Permanent Visa without AEO Certification:

There are three ways of obtaining permanent residency without having to first offer the position to a Canadian worker – and all three depend on proving that you are such a desirable individual, that the government should not require you to do so.

Outstanding Researchers and Professors and Applicants of Extraordinary Ability:
As a broad, general observation, the requirements for these categories are the same as for the Special visa. In actual practice, the degree of “outstanding” or “extraordinary” caliber you need to prove for a nonimmigrant (i.e. temporary) Special visa, is lower than for the issuance of permanent residency under these similarly-worded programs. Also, you must be in a tenured or tenure-track position. 

National Interest Waivers:
In addition to meeting similar requirements for the categories immediately above, National Interest Waivers may be issued to individuals who have ten years of experience in their field, whose work benefits  Canada, whose work has substantial intrinsic merit, and who can demonstrate that Canada would be adversely affected if a AEO certification were required. These are difficult to obtain, but under the right circumstances are a viable option.

TW Waivers:
Some TW visa holders are required to return to their homeland for two years before being allowed to change to another visa status. One avenue worth considering is a waiver of this two-year return requirement.

Which path is for me?

It is very hard to generalize about your options under Canada immigration law, because there are so many variables: One variable is your present visa status. If your international student visa is about to run out, the lack of time may limit your options, requiring you to seek a visa that is quick to obtain, and applying for residency later on. If your on a tourist or business visa and is about to run out, before you can change visa status it may be advisable to verify whether you are bound by the two year return requirement by asking for an Advisory Opinion from an attorney before approaching CIC.

Another variable is the willingness of your employer to file an application for your permanent resident visa. Very often, employers want to have you work for them for a while on TW or internship (“TW“) or an Work Visa (WV) before they will agree to sponsor you for a permanent position. Another variable is what part of the country you will be working in, because this determines which Immigration center will adjudicate your petition, and the processing times vary widely at these Canadian Centers.
If you qualify for TW or W internship, you have one year during which to position yourself for your next work visa. Some of you will be able to go directly from a student visa to a permanent visa (“resident card”). You are more likely to require an intermediate visa between your student visa and your permanent visa, such as an TW visa or SK visa.

Premium Processing 

SK visas are taking two to seven months to process, depending on where you will be working in Canada, and thus which of the Service Centers will handle your application. If you pay an extra and file a form , the immigration authorities will process your case in two weeks. Business Class visas can also receive this accelerated treatment.
If you are in  International student status on TW, you must receive your SW change of status approval notice prior to the last day of validity of your TW document, or you will have to stop working until you receive it. (Or you can file for Premium Processing and pay an extra to accelerate the process and get a result in under two weeks).

Note: 
The information herein is of a general nature and may not apply to any particular set of facts or circumstances, nor should this information be construed as legal advice. For an evaluation about your case, please consult with an immigration attorney.

 

Marisol Diaz has been writing on legal research and Canada immigration law since 2006.

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

Advertisements

Canada: Immigration Through Employment

Permanent Residence through Employment
(Permanent Residence in Canada)

The CiC (Citizenship and Immigration Canada ) has developed a points system that determines the quota or number of visas that are allocated to a particular preference category. This points system was developed to give an order to the way CIC approves applications each year and creates a difference in the application process by category.  This category includes:

* Foreign national Professionals with a bachelor degree who do not qualify for a higher preference category.
* Foreign national Skilled Workers with a minimum of two years training and experience.
* Other Workers and Unskilled workers requiring less than two years of higher education (including Live-in Domestic Workers). Tons of ladies enter and reside in Canada through this scheme.

Who Can Apply?

Professionals without an Advanced Degree*

*It means an university degree, such as a master’s or doctorate, that is higher than a bachelor’s.

* You must hold a Foreign Equivalent to a Canadian Bachelor Degree. No advance degree is necessary and the Bachelor’s degree must not necessarily be in the field of the offered employment.
* (OR) You must hold a Degree that is normally required for this profession so it could be acredited.
* If so, you must be in the position to prove that you are recognized as a professional of that profession.
* You must be offered a full-time, permanent position in Canada.
* Your potential employer must apply for and receive approved by HRDC that proves that no other qualified Canadian workers are available for that employment position and the wages and working conditions offered will not adversely affect those of similarly employed Canadian workers.

Skilled Workers
* Skilled workers are those working in a specific field that requires certain skills and who have had at least two years of training or experience. This classification does not include temporary or seasonal employment.
* You must have evidence of two years of training or experience. This may be met through relevant post-secondary education.
* You must be offered a full-time, permanent position in Canada.
* You must be filling a position that requires 2 years of training or experience.
* Your potential employer must apply for and receive approved by HRDC ( Human Resources Development Canada )currently known as AEO approval from Service Canada).
* Academic Credential Evaluations may be required in certain cases.

Unskilled Workers

Live-In Domestic Workers
* You must have at least one year of experience as a household domestic worker.
* You must be offered a full-time, permanent position in Canada.
* Your potential employer must apply for and receive approved HRDC.
* Your employer must prove that your employment as a live in household worker is a “business necessity”.

Other Workers
* You may have less than two years of training or experience.
* Your job does not require two years of training or experience.
* You must have completed your training for the job prior to starting the permanent Residence application process.
* You must be offered a full-time, permanent position in Canada.
* You must be ready to wait a longer time for your visa due to the long back-log of applications already filed under this category.
* Your potential employer must apply for and receive approved HRDC. However HRDC aproval is generally not made available for the list of jobs listed below called certain occupations in the ocupational national job list.
* Complete list of  Natianal Occupations

How do I Apply?

There are 3 general steps in the application process for lawful permanent residence for skilled workers. The first two steps must be initiated by your potential employer, and the last step by you and your accompanying relatives. The application procedures may be carried out either within Canada at a CIC office, or abroad at the Canadian offices or consulate of your country of residence.

* The first step involves your employer who files for a HRDC job offer approval on your behalf. The reason that you are required to do this is so that the  Canadian Government can confirm that there are no qualified Canadian citizens available and willing to take the specific job that has been offered and that the working conditions and wages offered for the position will not have an adverse effect on Canadian job labor market. Therefore, you will be working with both CIC and Human Resources Development Canada.
* If the HRDC job offer approval is approved, you will then have to prove that you are qualified for this particular visa. Your employer will then file an Skilled Immigrant Petition for  Foreign Worker.
* If the Petition is approved, you will then file a formal request for lawful temporary or permanent working visa or permanent residency application. This process can take place from the Country of Residence at the Canadian consulate or from within Canada.

There are several factors that could impact the time it takes for the application to be approved. These factors may include, but may not be limited to: (a)Using the correct procedures when filing each type of application; and (b) quota availability. For example quotas are set by both visa type and by country, so, the country you were born in can also impact your timing.

What do I do Now?

* Get the answers you need with our Self-Help Canada immigration Kit.
* Read more information on eligibility requirements.

Marisol Diaz
Settlement & Integration Resources Publisher/Int’l Employment & Career Columnist.
She has been writing on legal research and immigration law since 2004.

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

Canada: From Work Permit To Permanent Residence

Working temporarily in Canada can be used as a step towards gaining residence and settling here permanently.

If your talents are needed by Canadian employers, or you have exceptional talent in the arts, culture or sports, you can apply to work in Canada under our Work to Residence category.

The rules for residing and working in Canada depend on your country of origin and the purpose and length of your stay in Canada. There are separate rules for USA and Mexican citizens, EU/EEA citizens, and citizens of other countries.

Canada work opportunities

For general information, advice and links to do with finding work in Canada, take a look at the work opportunities section of our Living in Canada: a Guide for Migrants.

Requirements

Find out about the different Work to Residence policies, and the requirements that you will need to meet to get a Work to Residence visa and/or permit.

How to apply
Start the application process.

After you are accepted
If you are already in Canada on a Work to Residence permit, after two years you can apply for residence.

If you have been in Canada for a while and your circumstances have changed, find out how your visa or permit may be affected.

If you have your Work to Residence visa and you want to find out what to do to prepare for departure and what to expect when you arrive, take a look at our I’m accepted – tell me more pages.

Canadian companies that hired international profesionals and students

Finding a job as international profesional  takes hard work.  It’s a good idea to prepare for your job search before you leave for Canada. Getting ready for interviews, improving your English or French language skills, and getting in touch with a possible mentor   all may help in finding a job.
 Here are few tips:
First. Strong employment prospects for you as an international profesional and international student may be with organizations that have an international focus, such as the World Trade Organization, World Health Organization,World Bank or African Development Fund. Likewise, you may have more success with Canadian companies that have an international presence. Your international experience, language andcultural fluency make you very attractive to these organizations. In addition, if your Canadian work  authorization is delayed, you may be able to continue to work at one of their branches outside of  Canada. (ie: in your home country). Hineni Media Subscription site includes several  resources that name  Canadian companies with divisions throughout the world. Here you will find  a few:
Secondly, as an international profesional or international student you may find the job search process less difficult if you study technical subjects. High tech firms in Canada are desperate to hire skilled workers, particularly inthe areas of Systems Analysis and Programming, Engineering and Accounting. If you are not majoringin one of these areas, at least consider developing computer skills (programming, word processingand spreadsheet design, web development), quantitative skills (accounting, statistics and economics) and/or scientificskills (lab research) through elective classes, independent studies or extracurricular activities tomake yourself more marketable.
Here is a partial list of companies that hired international students who graduated from Canadian programs:❖ Scotia Bank ❖ Ernst and Young❖ Xerox❖ 3M Canada Company❖ MTV World❖ Thrifty Foods❖IBM Canada❖ Meyers Norris Penny Canada❖University Health Work❖ Newfoundland and Labrador Hydro❖ Peterbourogh Regional Health❖ Nestle Canada
 
 
 Canada Employment System
The first step in designing an effective job search strategy which will lead to employment in Canada is to clearly understand the setting in which you are operating. As a international professional or international  student, you  may not have had much experience job-hunting in your home country. Even if you have, you arelikely to find job-hunting in Canada is a different process. The differences are culturally based and, therefore, you may have to work very hard at overcomingthe natural inclination to conduct yourself as you would if you were looking for a job in your homecountry. Different cultures have different sensibilities. Be aware of the setting in which you areinterviewing.  Hineni Media blogs about it and  offers services  to assist you in your  Canada job search process.   Take  time to read some of this material before you begin your search.

Permisos de residencia para Canada

Permisos de residencia para Canada:   Proceso de normalización o regularización.

1. En el plazo de tres meses desde la entrada en vigor del Reglamento de la Ley inmigratoria de 2009, sobre derechos y libertades de los extranjeros en Canada y su integración social, los empresarios o empleadores que pretendan contratar a un extranjero, podrán solicitar que se le otorgue una autorización inicial de residencia y trabajo por cuenta ajena, siempre y cuando se cumplan las siguientes condiciones:

a) Que el trabajador figure listado (empadronado) en un municipio o condado canadiense al menos con seis meses de anterioridad a la entrada en vigor del Reglamento de la Ley de febrero 2008, sobre derechos y libertades de los extranjeros en Canada y su integración social y se encuentre en Canada en el momento de realizar la solicitud.
b) Que el empresario o empleador haya firmado con el trabajador un contrato de trabajo cuyos efectos estarán condicionados a la entrada en vigor de la autorización de residencia y trabajo solicitada. En el contrato de trabajo, el empresario se comprometerá, con independencia de la modalidad contractual y el tipo de contrato utilizado, al mantenimiento de la prestación laboral por un período mínimo de seis meses, salvo en el sector agrario, en el que el período mínimo será de tres meses. En los sectores de la construcción y la hostelería, el cumplimiento del compromiso de mantenimiento de la prestación laboral de seis meses podrá llevarse a cabo dentro de un período máximo de doce meses. Cuando los contratos de trabajo sean a tiempo parcial, el período de prestación laboral se incrementará proporcionalmente a la reducción sobre la jornada ordinaria pactada en dicho contrato, en los términos que establezca el Ministerio de Trabajo y Asuntos Sociales Canadiense mejor conocido como  Human Resources and Skills Development Canada (HRSD).

c) Que se cumplan los requisitos contemplados en los artículo de las leyes modificadas en tal materia 2009, sobre derechos y libertades de los extranjeros en Canada y su integración social, para el otorgamiento de una autorización para trabajar en Canada.

¿Cómo obtener una visa de residente permanente en Canadá?

El primer paso para iniciar el proceso para la obtención de la residencia permanente en Canadá es ubicar el Consulado, Embajada u Oficina de la Alta Comisión Diplomática Canadiense correspondiente a su país de origen. Los requerimientos básicos incluyen:

  • Un certificado médico expedido por un servicio médico elegido por la oficina consular
  • Un exhaustivo análisis de la posible existencia de antecedentes criminales.
  • Rellenar las formas correspondientes a la solicitud de residencia permanente en Canadá
  • Pagar el costo de la aplicación
  • Atender en persona a todas las entrevistas que solicite el consulado correspondiente.
  • Adicionalmente y dependiendo de la naturaleza de tu solicitud, puede que los siguientes requisitos sean también necesarios:

Los originales, copias y traducciones oficiales en inglés o francés realizadas por un traductor oficial licenciado por el consulado de un país de lengua francesa o inglesa que incluya todos los certificados y diplomas de estudios, títulos universitarios, documentos de identificación tales como partidas de nacimiento y/o las cartas de patrocinantes tales como familiares canadienses y/o una firma canadiense que le ofrezca trabajo.
Probar la tenencia de los fondos necesarios para vivir en Canadá por un período de un año
Exámenes que prueben sus calificaciones y/o idiomas hablados por el solicitante
Documentos que prueben el estatus como refugiado político o de guerra
Otros documentos que será necesario estudiar en cada caso particular.

Los costos de tramitación relacionados con la solicitud de la residencia permanente en Canadá deben pagarse al Receiver General of Canada.

Marisol Diaz, de la universidad Nacional Pedro Enriquez Ureña, RD, y luego en la UASD, Lenguas y  estudios en en Politicas de Migraciones Internacionales (1998) Adquirio su experiencia en Recursos Humanos, Educación y Migraciones en Inglaterra y en USA, ocupando puestos de Dirección y Supervisión tanto en el area de Reclutamiento y Selección de Recursos Humanos, como en el area Educativa en la YMCA. Actualmente es directora de Hineni Media @ http://www.hinenimemberlodge.org