March News – Reminder to Employers on LMIA and LMIA-Exempt Work Permit Obligations, Government’s Pivot to Construction and Trades, Parent and Grandparent Sponsorship
Reminder to Employers on LMIA and LMIA-Exempt Work Permit Obligations
Kicking this bulletin off, we’d like to remind employers who have workers on Labour Market Impact Assessment (“LMIA”)-based work permits as well as LMIA-exempt work permits that they have ongoing obligations to report changes in conditions of employment to Employment and Social Development Canada (“ESDC”) or Immigration, Refugees and Citizenship Canada (“IRCC”), as applicable.
Specifically, employers in Canada with foreign worker(s) employees under an LMIA-based work permit must continue to meet certain compliance obligations for the duration of the foreign worker(s) employment with the company on the LMIA-based work permit. One such obligation is to conduct an annual review of the salary being offered to foreign worker(s) to ensure that the salary offered continues to meet the median or prevailing wage throughout the duration of the foreign worker(s) employment with the company on the LMIA-based work permit. As wages are adjusted on an annual basis by the government, employers must review their foreign worker employees on LMIA-based work permits to ensure that the foreign worker(s) wage continue to meet the median or prevailing wage. Should the foreign worker(s) wage fall below the new median as a result of the wage adjustment, the employer is obligated to adjust the wage of foreign worker(s) by January 1 of the following year.
The Government’s Pivot to Construction and Trades
In light of the continued need for housing and the skilled trades shortage in Canada, the government has said that it will soon announce new measures for workers in construction and the skilled trades, similar to the previous public policy providing a pathway to PR for out-of-status construction workers in the Greater Toronto Area.
In addition, to increase the number of workers in the construction industry in Canada, the government has implemented a new public policy which allows certain apprentices to study without a study permit. To be eligible for this, the applicant must have a valid work permit, must have a registered apprenticeship agreement with the relevant provincial or territorial apprenticeship or certification authority, and must have a job in an eligible construction occupation: construction managers; home building and renovation managers; civil engineers; civil engineering technologists and technicians; construction estimators; sheet metal workers; welders and related machine operators; electricians; industrial electricians; plumbers; carpenters; cabinetmakers; bricklayers; construction millwrights and industrial mechanics; heavy-duty equipment mechanics; heating, refrigeration, and air conditioning mechanics; electrical mechanics; water well drillers; concrete finishers; roofers and shinglers; painter and decorators; and floor covering installers.
While the government has emphasized its commitment to increase the number of workers in the construction industry and the skilled trades, it has not announced measures to provide paths to permanent residency for the many students and foreign workers who came to Canada during the COVID-19 pandemic up to late 2023 whose time is running out and who do not have viable PR options.
Parent and Grandparents Sponsorship Update
The government has announced that it will not be taking new interests to sponsor in 2025. It will accept 10,000 complete applications for parent-grandparent sponsorship drawn randomly from the existing pool from 2020.
Those who wish to reunite with their parents or grandparents can apply for a super visa which allows them to stay in Canada for up to 5 years at a time and allows for multiple entries for up to 10 years. IRCC recently implemented a policy allowing the insurance policy required for a super visa application to be issued by a foreign insurance company and authorized by the Office of the Superintendent of Financial Institutions.
While the changes above are positive, there is still a gap as the government has not made any announcements with respect to the large number of international students who are running out of status. If you have any questions with respect to the above, or wish to have an audit of your employer compliance obligations in advance of a compliance inspection, please feel free to reach out to us for a consultation. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.
