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Our client, a highly skilled clinical thermology professional employed by a large international enterprise in the US, contacted us to assist him and his employer in securing a Canadian work permit. The permit was necessary for the worker to take part in an important project involving thermographic diagnostic imaging interpretation in Ontario.
The facts of the case were:
- The parent company is based in the US with offices in various countries.
- The professional was employed on a contract basis by the US company and based in Turkey, where he held a position directly related to the one offered in Canada;
- The professional had extensive education in the medical field and specialized focus in clinical thermology;
- He had over 16 years of practical experience in the field and had been working for the US company since 2018;
- The offer of employment was from a Canadian subsidiary company and it met the IRCC requirements. However, the Canadian subsidiary was not established, had no office, and our client would be their first employee;
- The chosen immigration route had to complement the company’s business objectives and timeframes; and
- As per the employee’s request, he wanted his family to accompany him during his employment in Canada.
Our business immigration lawyers carefully analyzed available pathways and proposed the C-12 Specialized Knowledge Intra-Company Transfer Work Permit in addition to a C-10 Significant Benefit Work Permit. This new strategy aimed at expediting work permit processing times for highly skilled foreign workers was crucial for meeting the project deadlines and attracting international talent.
Introduction to the Program
The Global Skills Strategy (GSS) is a federal government initiative designed to help Canadian employers access highly skilled foreign workers efficiently. This program aims to provide a predictable process with faster application processing times, work permit exemptions, and enhanced customer service. A key component of the GSS is the Global Talent Stream, which allows Canadian companies to scale up and grow by hiring highly skilled foreign talent. By streamlining the process, the GSS supports Canadian employers in attracting the best global skills, thereby fostering innovation and economic growth. This strategy is a crucial part of the Canadian government’s efforts to draw foreign investment and talent to the country, ensuring that businesses can thrive in a competitive global market.
Steps We Took
- We incorporated the Canadian subsidiary and shortly after submitted the corporate immigration package on 7 July 2021 to the relevant visa office, as required by Immigration, Refugees and Citizenship Canada (IRCC).
- Due to Covid-related delays, the IRCC took a lot longer than usual to process our client’s application. However, we regularly submitted requests for information and updates regarding the application. We continuously updated our client as to the status of the application. Work permit applicants should consult their local visa offices for specific instructions regarding their applications.
- After not seeing any progress in the processing from IRCC, on 10 November 2021, we submitted a new application under the Global Skills Strategy program for the same Work Permit, ensuring all required documents were included. This was done in order to benefit from the program’s expedited process.
- The application under the Global Skills Strategy program was approved on 4 March 2022. The skilled professional received his work permit, his spouse obtained an open work permit, and their two children received study permits. It is important to consult visa offices for specific document requirements, as they can vary by location.
Eligibility Requirements for Foreign Nationals
To be eligible for the Global Skills Strategy Program, foreign nationals must meet specific criteria. Firstly, they need a job offer from a Canadian employer, and the position must be classified under the National Occupational Classification (NOC) as a highly skilled occupation. The foreign national must possess the necessary qualifications and experience relevant to the job. Additionally, the Canadian employer must demonstrate that they have been unable to find a Canadian citizen or permanent resident to fill the position. This involves paying the employer compliance fee and submitting an offer of employment through the Employer Portal. Furthermore, the employer must cover the required processing fees. These steps ensure that the hiring process is transparent and that the foreign national is well-qualified for the role.
What We Learned from the Case
This case was particularly interesting because Specialized Knowledge work permits are reserved for established, mature companies with existing operations, offices and employees. In this case, the Canadian subsidiary was a start-up that was building its plans around our client, their specialized knowledge worker. Although this unique situation was uncommon, it did not deter our team – we successfully explained the compelling strategy behind this unique expansion and prepared and submitted a thoroughly prepared application.
On our second application, through the Global Skills Strategy program, we reiterated that our client needed to be in Canada to develop the company and serve the company’s existing North American clientele. We stressed that our client would be a significant asset not just to his employer’s expansion plans, but to Canada as well, as he brought with him unique expertise and set of skills in an area that was still in the early stages of development in Canada, and we were successful in attracting high skilled workers!
The importance of foreign skilled talent within the context of Canada’s Global Skills Strategy cannot be overstated. Attracting such talent is crucial for fostering economic growth and reducing regulatory barriers.
This case confirmed the importance of being adaptable and adjusting our immigration strategy as needed to better meet the clients’ needs and priorities. This very unique case serves as a perfect example of our exceptional client care and adaptability. We quickly realized that for us to satisfy the client’s needs we must find a way to expedite the process. For us, immigration support doesn’t stop after we submit an application. We continuously check and analyze the progress of each application, adapt and make changes accordingly. Immigration, Refugees and Citizenship Canada (IRCC) provides services that aid employers in navigating the immigration application process, supporting both immigration and labor market needs in Canada. The Global Skills Strategy includes expedited work permit processing and specific service channels for employers. Discover the inspiring journey of Alex, a seasoned software engineer, who turned his entrepreneurial dreams into reality in Canada.
Benefits of the Global Skills Strategy
The Global Skills Strategy offers numerous benefits to both Canadian employers and foreign nationals. One of the most significant advantages is the faster processing times, with a two-week processing period for eligible applicants. This expedited service allows businesses to quickly bring in the talent they need to stay competitive. Additionally, the program provides work permit exemptions for certain highly skilled workers, particularly those in technology and science fields, reducing the bureaucratic hurdles for these critical roles. Enhanced customer service is another key benefit, with a dedicated service channel available for employers making significant investments in Canada. The GSS also supports family reunification, allowing dependent children and spouses to accompany the foreign worker to Canada, thereby making the transition smoother for the entire family.
Faster Processing Times for Applicants
The Global Skills Strategy Program is renowned for its faster processing times, offering a two-week processing period for eligible applicants. This is a significant improvement over traditional processing times, allowing businesses to quickly onboard the talent they need. To qualify for this expedited processing, applicants must meet specific requirements, including having a job offer from a Canadian employer and possessing the necessary qualifications and experience for the role. This faster processing time is particularly beneficial for applicants applying from outside Canada who are exempt from the Labour Market Impact Assessment (LMIA) process. By reducing the waiting period, the GSS ensures that highly skilled workers can start contributing to the Canadian economy without unnecessary delays.
Why Sobirovs Should Be Your Team-Mate in Your Immigration Journey
At Sobirovs Law Firm, you will be in the exceptional hands of our experienced corporate immigration lawyers from start to finish. From the development of your tailored immigration strategy to application submissions and post-application care, we are with you at every step of your journey. Our extensive experience allows us to serve any type of business in any industry! We are here to help you achieve your business potential in Canada. Local visa offices often provide specific instructions for work permit applicants, which can include necessary documentation that may vary by location.
Take these 3 steps to learn more about your business immigration options and let’s team up to achieve your goals:
- Step 1: Check your eligibility for business immigration programs using our Free Instant Assessment tool.
- Step 2: Check our fees using our Fee Calculator. Don’t worry if the fees estimated by the Fee Calculator seem too high. We can give you a discount if your case is strong. The Global Skills Strategy is designed to bring skilled workers to Canada faster by significantly reducing work permit processing times from up to four months to as little as two weeks.
- Step 3: Book a 1-hour Strategy Meeting with our senior business immigration lawyer to discuss your immigration case in more detail. If we take you as our next client after this meeting, the fee you paid for the meeting will be applied towards our legal retainer. The Global Skills Strategy differs from the temporary foreign worker program, which requires a Labour Market Impact Assessment (LMIA) for most foreign workers.
Employers must secure a positive LMIA through the Global Talent Stream of the Temporary Foreign Worker Program for workers who fall under the LMIA-required category, distinguishing these requirements from those for LMIA-exempt workers.
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