Operational Bulletin 420-A – May 16, 2013
Summary
This Operational Bulletin (OB) serves to revise OB 420. Effectively, it replaces OB 420 as well. It removes the prescribed requirement for the processing of a Permanent Residence application. This is in line with the current guidance provided in Section 5.27 of the Temporary Foreign Worker Guidelines (FW 1).
Issue
Quebec’s ministère de l’Immigration et des Communautés culturelles (MICC) implemented certain provisions on June 01, 2012. These provisions enabled certain Work Permit (WP) holders, currently present in Quebec, to submit applications for:
- Renewing their work authorisations in Canada or,
- Extending their work authorisations in Canada
That too, without requiring the employer to obtain a Labour Market Opinion (LMO) from:
- Human Resources and Skills Development Canada (HRSDC)
- Service Canada (SC) and,
- Ministère de l’Immigration et des Communautés culturelles (MICC)
Background
The provinces and territories in Canada have signed immigration agreements with Canada. These agreements enable these provinces and territories to nominate foreign nationals who:
- Intend to establish themselves permanently in a specific province or territory via,
- The Provincial Nominee Program (PNP)
This applies to all Canadian provinces and territories, with the exception of:
- Nunavut and,
- Quebec
In the absence of such an immigration agreement, the authorities refer to R205 (a) of the Immigration and Refugee Protection Regulations (IRPR). R205 (a) authorises officers to issue LMO-exempt work permit to certain individuals, as long as these individuals create or maintain certain significant benefits or opportunities for:
- Canadian citizens or,
- Permanent residents
These significant benefits or opportunities could typically include the creation or maintenance of:
- Social benefits or opportunities
- Cultural benefits or opportunities OR,
- Economic benefits or opportunities
Quebec selects some foreign nationals under it’s:
- Programme régulier des travailleurs qualifiés (PRTQ) and,
- Programme de l’expérience québécoise (PEQ)
It provides work extensions for some of these foreign nationals with their:
- Current employers or,
- New employers
That too, without the employers having to obtain an LMO.
However, to receive these extensions of work authorisations, these foreign nationals would need to meet certain eligibility criteria. These criteria require that the foreign national:
- Hold a valid work permit and,
- Reside in the province of Quebec currently
The Current Process
Section 5.27 of the Foreign Worker Manual (FW 1) outlines the current policy guidelines for the issuance of LMO-exempt work permits for foreign nationals. These guidelines apply to foreign nationals selected by a province that does not have a Federal-Provincial Nomination Agreement.
The authorities have placed certain elements under the heading “2. Foreign Worker Nominated by a Province or Territory (PNP)”. These elements apply to designated CSQ holders in Quebec for this process. These elements specify that:
- Officers could issue a work permit without requiring an LMO to a person who:
- Has been nominated by a province or territory for permanent residence and,
- Has a job or a job offer from an employer based in that province
- The officers would only apply this provision upon finding a letter from the provincial or territorial government along with the application for the work permit
- This letter must confirm that the foreign national has been nominated for permanent residence by the province
- The officers would need to ensure that the duration of the work permit is for the same period as the duration of the job offer
- Officers would also need to remember that R205 (a) remains the legislative authority for exemption
- This is especially applicable for provinces or territories that do not have any nominee agreements
The Additional Conditions for CSQ Holders in Quebec
The applicants would also need to meet certain other conditions for becoming eligible for an extension of work authorisation. This would include:
- Holding a CSQ under the Quebec Skilled Worker Class,
- Residing currently in Quebec and,
- Belonging to one of the following categories that require the applicants to:
- Seek an extension to their work permit for their existing employer
- Seek a renewal of their current work authorisation with a new employer in the province of Quebec
- Be a foreign student, who has:
- Obtained a post-graduation work permit and,
- A job offer in the province of Quebec
- Be the holders of work permits:
- By virtue of being participants in one of the following programs under the Programme de l’expérience international canadienne (EIC):
- Vacances-travail
- Stage Jeunes professionnels de 18 mois
- Stage Coop
- Seeking an extension to that work permit with the current employer or,
- Requiring a renewal of the work authorisation with a new employer in Quebec
Operational Instructions
The operational instructions prescribe that officers:
- Ensure that the applicant is currently a resident of Quebec
- Ensure that the work permit:
- Is valid for the duration of the job and,
- Does not exceed two years
- This time limit would provide sufficient time to the applicant for submitting an application for permanent resident status before the expiry of the work permit
- Ensure that they issue work permits under the authority of R205 (a) and with the LMO-exemption code of C10
- Ensure that the application includes a copy of the CSQ and the job offer to work in Quebec
- The CSQ would need to indicate one of the following categories in the Section 9 Catégorie, namely:
- Travailleurs qualifies
- PEQ Travailleurs or
- PEQ Étudiants
- Ensure that they issue only employer specific work permit – this denotes that officers would not issue any open work permits
- Provide the entitlement to spouses and common-law partners to apply for open work permits, valid for the duration of the work permit of the principal applicant
- This would be regardless of the skill level of the principal applicant’s occupation i.e. exemption code C10
- This would also apply only to those spouses and common-law partners, who:
- Are accompanying the principal applicant and,
- Are currently in Canada
Source: Citizenship and Immigration Canada (CIC)
