Ever since changes have been introduced in the category of Specialized Knowledge Work permit, Immigration experts are busy evaluating the impact of the same. The belief is that Intra company transfers (ICTs) are not going to remain a cakewalk any more.
Changes in brief
• A proof of qualifying relationship between Canadian and foreign employer should be submitted, in case any employer wants to apply for a work permit for intra company transfer stream.
• The applicant has to belong to any of the given occupations: Executives, Senior and functional managers and Workers having specialized knowledge.
• The applicant must have specialized or advanced knowledge.
• Temporary foreign worker has to possess the knowledge of both proprietary and advanced expertise.
• The knowledge of such an individual should be unique and different from many other applicants.
• The employer of such a temporary foreign worker should take the responsibility of ensuring that the presence of this employee would contribute positive to the growth of Canada’s economy, even though he or she could be here for a brief period of time.
• The individual should be directly employed and would be supervised by the Canadian company.
• He would be responsible for training up others at Canadian company.
• The transferees would be required to be paid above the wage level prevailing in the country.
• Work permit as given for five to seven years maximum and the stay of the worker in Canada was not captured. Now, the same would be captured.
The larger impact
• With toughening of rules many of the professionals having a specialized knowledge may not be able to qualify for getting a work permit.
• The changes would not affect those ICTs coming from the countries that hold a bilateral or multilateral trade agreement with Canada.
• Telecommunications and Information technology sector is likely to get affected because they rely largely on intra company transfers.
• Employers who have lined up their employees for ICT would have to gear up to evaluate the qualification, expertise and specialized knowledge of their employees.
• They will have to ensure that a balance is maintained between specialized knowledge and wages paid to the employees selected for this purpose.
• Some applicants may have to apply under High Skilled Temporary Foreign Worker Program.
The degree of diploma of the applicants would be assessed along with the work experience he or she has gained with respective industry on a foreign land. This would be compared and evaluated against Canadian requirements and standards too. This may disqualify some applications which otherwise had a large possibility of getting processed without any hassle.
• As because the stay of the worker would be captured in Canada, he may be allowed to stay for a period beyond five or seven years if he has not stayed considerably during the period of work permit.
Tightening the rules has brought difficulty for many intra company transferees who were almost prepared to land up here. But, the Government shows its commitment to offer the job openings to Canadian first and then to anyone else. There are certain brighter aspects of the changes as well.
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