Appendix F – Canada International Mobility Program – Canadian Interests – Significant Benefit – Emergency Repair Personnel or Repair Personnel for Out of Warranty Equipment [R205 (a)] [Exemption Code C13]
This Labour Market Impact Assessment (LMIA) exemption category comprises two streams.
Emergency repair personnel refers to people who require admission in Canada for carrying out emergency repairs to industrial or commercial equipment for preventing the disruption of employment. This is regardless of whether the equipment is under warranty or not. These individuals will require work permits. In addition, they will remain exempt from having to apply for the Labour Market Impact Assessment (LMIA).
The Documentation Requirements
The applicants bear the responsibility for providing evidence that they meet the requirements of the work they seek. In this scenario, they would need to provide certain documentary evidence to the officers. Such documentary evidence would typically include, but not remain restricted to, the following:
- The letter of introduction from the home employer (i.e. foreign employer)
- This letter would outline the applicant’s status with the company
- It would also highlight the purpose of the foreign national’s visit to Canada
- A copy of the completed and submitted Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form i.e. IMM 5802 from the Canadian entity that:
- Explains the need to conduct emergency repairs on industrial or commercial equipment and,
- Applicants would need to specify this in the Details of Job section of the IMM 5802 form
- Provides a detailed description of the work the applicants need to perform in Canada
- It is worth highlighting that this form was formerly known as the job offer letter
- Evidence to demonstrate that the foreign national has the relevant proprietary or specialised knowledge required for repairing the equipment
- Such documentary evidence could typically include:
- Copies of degrees
- Any required professional licences or certifications or,
- A copy of the foreign national’s curriculum vitae
The Repair Personnel for Out of Warranty Equipment
With effect from May 21, 2015, the authorities have expanded the Labour Market Impact Assessment (LMIA) exempt category C-13. Since then, this category also includes individuals coming to Canada for repairing industrial or commercial equipment that:
- Is no longer covered under any warranty or,
- Is not covered by any lease or after-sales agreement
The authorities made this amendment to allow preventative work to take place. This is especially important in cases where failure to repair industrial equipment immediately could have a negative impact on the company’s productivity.
It is worth highlighting that the authorities would typically provide admission to repair personnel and service technicians for short durations i.e. usually for durations less than 30 calendar days.
The Occasions When the Service Becomes Necessary
The service of such repair personnel becomes necessary in situations where:
- There is a need for specific knowledge
- There is no commercial presence by the company that manufactured the equipment being serviced (also referred to as the Original Equipment Manufacturer (OEM) and,
- Canadian jobs would suffer significant and negative impacts because of the failure to repair the equipment in a timely fashion
The Documentation Requirements
The applicants bear the responsibility for providing evidence that they meet the requirements of the work they seek. In this scenario, they would need to provide certain documentary evidence to the officers. Such documentary evidence would typically include, but not remain restricted to, the following:
- The letter of introduction from the home employer (i.e. foreign employer)
- This letter would outline the applicant’s status with the company
- It would also highlight the purpose of the foreign national’s visit to Canada
- A copy of the completed and submitted Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form i.e. IMM 5802 from the Canadian entity that:
- Explains the need to conduct emergency repairs on industrial or commercial equipment and,
- Applicants would need to specify this in the Details of Job section of the IMM 5802 form
- Provides a detailed description of the work the applicants need to perform in Canada
- It is worth highlighting that this form was formerly known as the job offer letter
- Evidence to demonstrate that the foreign national has the relevant proprietary or specialised knowledge required for repairing the equipment
- Such documentary evidence could typically include:
- Copies of degrees
- Any required professional licences or certifications or,
- A copy of the foreign national’s curriculum vitae
Related Link:
Extension of Canada Work Permit
Source: CIC
