Canada immigration is making C11 LMIA Exemption Work Permit more difficult for temporary workers

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Afshin Yazdani /
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Canada immigration is making C11 LMIA Exemption Work Permit more difficult for temporary workers

The IRCC updated the eligibility criteria for temporary workers

The guideline made it very clear that the IRCC’s officers should be aware that C11 category, the foreign national is both employer and employee, therefore they must meet the requirements for both roles. In terms of being an employer, the Canadian business must provide a standard job offer and employment agreement, the business article and minimum of having 51% business ownership via company share certificates, a business plan that will create or maintain significant cultural, social or economic benefit under Canadian interest, and shows the presence of the owner of the business is temporary basis and the temporary nature of their stay. To support the idea of creating benefits for Canada, letters of support from related Canadian organizations, such as local or regional economic development organizations or chambers of commerce are also important. For example, a lawyer can provide supporting evidence from the provincial law society, a travel agency can provide supporting evidence from the provincial tourism authority.

Applicants seeking to operate their own business in Canada as a self-employed person or as an entrepreneur must demonstrate that

(a) the work is on a temporary or seasonal basis and that they have plans to leave Canada at the expiry date of their work permit,

(b) they will be engaging in genuine business activities and

(c) the work will generate significant economic, social or cultural benefits, or opportunities for Canadian citizens or permanent residents in which defined in C10 guideline.

the work is on a temporary or seasonal basis and that they have plans to leave Canada at the expiry date of their work permit

In terms of the first element, the guideline defines new instruction. While again the focus is on self-employment business in structure, some examples of seasonal businesses with temporary in nature are bed and breakfast operators, gold miners and wildlife guides. The guideline provides a solution also for Year-round businesses and makes those businesses also eligible under C11 if the applicant provides more evidence that the intention is to remain for a temporary period and as per the transitional plan, the business owner will hire someone to manage the business after start-up.

workers will be engaging in genuine business activities

In terms of engaging in genuine business activities, the offer of employment must meet all of the following conditions:

a) be made by a Canadian operation that is “actively engaged” in the business

b) be consistent with the reasonable employment needs of the business

c) have termed the employer as reasonably able to fulfill

d) be from a Canadian business with a compliance certificate.

To assess the decision maker must consider the business start date, type of business, number of employees, Canada Revenue Agency business number, a copy of any business licenses or permits, business website, job bank advertisement, letters of intent or contracts,

the work will generate significant economic, social or cultural benefits

The third criteria have two levels of legal test: (a) Whether the benefit is significant (b)Whether the benefit is economic , social , or cultural

As per the IRCC’s operation manual for a work permit under C10 guideline, while the decision maker must provide a rationale and details for applying paragraph R205(a) in the Application notes, each factor of this legal test must be proved by the related supporting document.