February 21, 2015
As part of changes announced by the Government on February 9, 2015 (http://www.cic.gc.ca/english/department/media/notices/2015-02-09.asp), regulatory changes will come into effect on February 21, 2015 that will apply to employers of foreign workers who are exempt from the Labour Market Impact Assessment (LMIA) process, as well as to foreign nationals applying for open work permits.
As part of these changes, employers of foreign nationals who are exempt from the Labour Market Impact Assessment (LMIA) process will be required to submit information about their organization and the offer of employment, and pay a fee directly to Citizenship and Immigration Canada (CIC). This will need to be done before the foreign national can apply for an employer-specific work permit under the International Mobility Program.
The employer compliance fee has been set at $230, and the fees collected will offset the cost of introducing an inspection and compliance regime under the International Mobility Program.
Below you will find links to the new IMM5802 Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form, as well as the link to the “Pay your Fees” page where employers will need to pay for the $230 employer compliance fee.
http://www.cic.gc.ca/english/information/applications/guides/5802ETOC.asp (Guide (E) for employers to assist with completing the IMM 5802E)
https://eservices.cic.gc.ca/epay/welcome.do?lang=en (Details of requirements for online fee payment of $230 fee)
If the foreign national that you will be employing is submitting his/her application for a work permit or renewal of a work permit at a Port of Entry (including airports), Mission overseas, or in-Canada office on February 21 or after, you as the employer must submit the new IMM5802 and pay the $230 fee before the foreign national can apply for a work permit. If CIC receives employer-specific LMIA-exempt work permit applications on February 21 without a completed IMM5802 and the $230 fee payment, the CIC officer can refuse the work permit application with no refund of the processing fee.
Please note that no additional processing times are anticipated as part of these changes. As an example, for cases where a foreign national is allowed to apply for a work permit directly at a Port of Entry (including airports), the employer only needs to ensure that it has paid the $230 employer compliance fee and submitted the IMM5802 electronically directly to CIC. The employer must also send, or e-mail, a copy of the IMM5802 and a copy of the receipt directly to the foreign national to present to the CBSA officer at the Port of Entry as part of his/her application for a work permit. It is only at the Port of Entry that the information provided by the employer in the IMM5802 will be assessed together with all other information submitted by the foreign national as part of his/her work permit application. The same process would apply if the foreign national is applying for a work permit at a Mission overseas or in-Canada office.
If you as the employer are using the services of an immigration lawyer or consultant to assist you with completing and submitting the new IMM5802 and paying the $230 employer compliance fee, you must also attach a copy of the signed and scanned IMM5476 Use of a Representative form to the electronically generated e-mail when you submit the IMM5802.
A new fee of $100 will also be collected starting February 21, 2015 from open work permit applicants. This fee will be paid by the foreign national at the same time as the work permit processing fee.
CIC is preparing a Questions and Answers document based on questions submitted by stakeholders, and you will be notified once that document is available on the CIC website. For additional background and information related to these changes, you may also wish to consult the documents below, and we encourage you to please share this information with other employers or members of your respective associations.
Functional Guidance to CIC officers on Temporary Residents
Revised NOC Wages by ESDC
Employment and Social Development Canada (ESDC) have started updating the wage information for NOCs, as of October 3, 2014. Please ensure that you visit the ESDC website Wage Report for Yukon for current and revised wage information before submitting your application to the Yukon Nominee Program (YNP). Please be advised that applications submitted to Advanced Education on or before October 6, 2014 is assessed as per the old wages.
Effective August 1, 2014, the definition of a dependent child is changing for Citizenship and Immigration Canada’s (CIC’s) immigration programs.
The age at which a child will be considered a dependant is being reduced, from under 22 to under 19.
The exception for full-time students is also being removed. Children of applicants who are 19 or over but are financially dependent on their parents and are enrolled in full-time studies will no longer be eligible to be processed as dependent children.
In all cases, a child will continue to be considered a dependant, regardless of age, if they have depended on their parents for financial support because of a mental or physical condition.
All permanent resident applications in CIC inventories before August 1, 2014 will continue to benefit from the pre-amendment definition of dependent child.
Transitional measures will allow certain applicants under multi-step permanent resident immigration programs who are already in the immigration process at the time these regulations come into force on August 1, 2014, but who have not yet submitted their application for permanent residence, to have their applications completed based on the previous definition of dependent child.
These transitional measures will apply to certain groups, including Provincial Nominee Program applicants.
In addition, as of August 1, 2014, to ensure that children who meet the definition of dependent child at the first stage of a multi-step permanent resident immigration program remain eligible throughout what can be a multi-year process; the child’s age will be “locked in” at the first formal step of the immigration process. For example, the age of a child whose parent applies to the Provincial Nominee Program will be “locked in” on the date that the application for nomination is made to the province.
Details concerning the regulations that have been amended to support the change in the definition of dependent child were published in the Canada Gazette on 18 June, 2014. To view the Canada Gazette,click here.
January 7, 2014
The Yukon Nominee Program (YNP) will be hosting a community outreach at the Multicultural Centre of the Yukon every Wednesday from 9:30 a.m. – 11:00 a.m. to answer and discuss your YNP questions and concerns. The community outreach sessions will begin on the 15th of January until the 28th of May, 2014.
For information and details contact:
October 7, 2013
Advertising requirements changing on November 1, 2013
In addition to the existing advertising requirements of the Yukon Nominee Program and the Yukon Temporary Foreign Worker Program, jobs will need to be advertised using an additional method of recruitment such as print media (newspapers, magazines, job boards, etc…) or general employment websites (monster.ca, Workopolis.com, etc…). Employers must show their efforts to target underrepresented groups (like First Nations, youth, new immigrants, people with disabilities, etc…).
All ads must be accessible to the general public, posted for a minimum of four weeks before an application is submitted, and must remain posted to actively seek qualified Canadians and permanent residents until the application is approved.
See the applicable application guides for detailed information on advertising requirements.
These changes apply to all applications received by Advanced Education as of November 1, 2013. Advertising requirements comply with federal stipulations.
September 11, 2013:
As of October 1, 2013, foreign nationals who have visitor status in Canada will not be eligible for the Yukon Nominee Program. Only foreign nationals with a valid Temporary Work Permit (TWP) or a student visa, with the course of study completed, will be allowed.
April 29, 2013: Changes to the Temporary Foreign Worker Program (TFWP)
Honourable Diane Finley, Minister of Human Resources and Skills Development, and the Honourable Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, announced reforms to the Temporary Foreign Worker Program (TFWP).
The Government has introduced legislative, regulatory and administrative changes that will:
March 20, 2013:
March is Fraud Prevention Month! Ottawa, March 20, 2013 — Citizenship, Immigration and Multiculturalism Minister Jason Kenney is advising Canadians and newcomers to inform themselves to avoid becoming victims of immigration fraud during Fraud Prevention Month.
December 17, 2012:
The newly updated and revised Yukon Nominee Program Application Handbook is now available.
September 19, 2012:
If the foreign national is to be employed in the transportation industry as a taxi driver, long haul trucker, etc. the following requirement must be met: Applicants who hold a driver's license outside of Canada within the past 3 years must obtain their own driver's record that would show information about recent collisions, violations, or suspensions. Every country has a different procedure for this, but we recommend contacting the agency which issued your license.
September 19, 2012: Incomplete Applications
A letter will be sent to the employer, stating that this application cannot be processed. The employer will be given a period of 30 days to submit the information lacking. If, after a period of 30 days, the necessary information has not been provided, the application will be returned to the employer.
August 31, 2012: Extensions of Nominations
In some cases a nominee may require an extension of their nomination. While the issuance of work permit extensions remains the purview of Citizenship and Immigration Canada (CIC), the YNP can assist the nominee in renewing their nomination. The YNP will assist; if the nominee has begun the permanent residence process, has not yet received their permanent status, and the nomination is due to expire in a relatively short period.
Criteria for renewal:
A) The nominee must demonstrate that they have undertaken the permanent residence process, and provide the reviewing officer of evidence of this fact.
B) The nominee must advise the Yukon Nominee program in advance of the imminent expiry of their work permit. The Yukon Nominee Program will not undertake the renewal process if the permit is due to expire in less than 30 days.
C) Yukon provincial nominees are each eligible for a one-time extension of their nomination. Requests for extension of Nomination will only be accepted in writing addressed to the Yukon Nominee manager clearly indicating the reason for extension. The reason(s) for extension will be reviewed by the YNP.There is no guarantee that an extension will be issued. The YNP will not issue more than one extension request.
D) The extension request is subject to all conditions that were in place at the time the original nomination certificate was issued by the YNP.
F) Extension requests may take up to 30 days to process and forward to CIC. The YNP cannot respond to any inquiries about the status of a work permit extension request.
June 12, 2012: Application Processing Time
The current processing time for Skilled Worker / Critical Impact Worker applications is 8-10 weeks from receipt of a complete application. Processing times will increase with the volume of applications received.
June 12, 2012: Foreign Nationals applying to Yukon Nominee Program from within Canada must provide proof of current legal status in Canada.
June 12, 2012: Language Standards:
Starting July 1, 2012 - All Provincial Nominee Program (PNP) applicants to Critical Impact Worker or Skilled Worker Stream will need language testing. This test will show whether your skills meet a minimum standard in each of these four categories: listening, speaking, reading and writing.
Applicants must provide valid results from a language test administered by a designated testing agency. The acceptable tests are:
No other evidence of language proficiency will be accepted.
Requirement for NOC O & A (Skilled Worker):
English: IELTS Level 6 in each category
English: CELPIP: Level 4L in each category
French: TEF Level 4 in each category
Requirement for NOC B (Skilled Worker):
English: IELTS Level 5 in each category
English: CELPIP: Level 3L in each category
French: TEF Level 3 in each category
Requirement for NOC C & D (Critical Impact Worker) :
English: IELTS Level 4 in each category
English: CELPIP: Level 2H in each category
French: TEF Level 3 in each category
PLEASE NOTE: Effective July 1, 2012 only the original IELTS, CELPIP & TEF, language testing documents will be accepted.
April 19, 2012: Please be advised that Guaranteed Employment Offer form has been updated to reflect the recent changes to Low Income Cut-Off figures recently released by Statistics Canada.
March 28, 2012: Incomplete Nominee Applications :
As of April 2, 2012, employers will receive a letter from our office to provide the missing documents within the timeline indicated in the letter. Failure to do that will result in the application being denied.
March 28, 2012: Statistics Canada released the annual CPI figures for the year ending December 2011, noting a 3 percent annual average increase for Whitehorse. Therefore, effective April 1, the wages for Nominees should reflect the 3% increase.
March 23, 2012: Employers, please note that as of March 1, 2012, applications must be submitted on the new forms. Applications in the old format will not be accepted.
Effective March 1, 2012 the Employment Contract is replaced with a Guaranteed Employment Offer, the Affidavit of Support is replaced with a Settlement and Retention Plan. In addition theMemorandum of Understanding and the YNP application form have been revised. The goals of the changes have been to ensure that people who are nominated to immigrate to Yukon can successfully integrate and create a positive experience for nominees and employers.
These changes are being implemented after extensive consultations with the stakeholders in Whitehorse, Dawson City and Watson Lake.
December 01, 2011: Applications for Permanent Residence now have to be submitted to the Centralized Intake Office (CIO) in Sydney, Nova Scotia. Nominees must submit their application for Permanent Residence within three month after they arrived in Yukon.
October 21, 2011: To meet with officers administering the Yukon Nominee Program, employers and nominees must make an appointment. This will ensure that service is provided efficiently and that all documents can be prepared ahead of time. To make an appointment, please call (867) 667-5131, and indicate the name of the nominee, the name of the business, the reason for the appointment and the file number.
As of October 5, 2011, any foreign national who is currently in Canada on a student permit needs to provide proof of one year of study for certificate programs and two years of study for diploma programs before being considered for the Yukon Nominee Program.