Inviting Non-Canadians to uWaterloo Presented by: Frances Hannigan, RCIC (ID #507077 HR - WatPort

Tourist vs. Worker Under the Canadian Immigration & Refugee Protection Act & Regulations (IRPA & IRPR), there is a distinct difference between who is here to visit as a “tourist” or as a “worker.” Visit – non-Canadian entering Canada to temporarily stay for a particular purpose

Tourist vs. Worker cont’d A tourist is someone who is here to observe activities, places or events only A worker is someone who is here to perform a duty or activities with or without remuneration Observe = witness, consider a subject/matter, to comment/remark on a subject/matter, to watch and/or listen to a subject/matter, to take note of a subject/matter Perform = to carry out or fulfill an activity, to do a prescribed action,

Inviting a Visitor to uWaterloo Every non-Canadian requires some kind of immigration documentation in order to legally enter Canada. Invitation letters must be formalized – especially if your visitor will be here for more than 5 days – in order for your visitor to obtain the appropriate immigration documentation to enter Canada

What is required for a Worker Depending on what is being offered, the following needs to be done before your worker can enter Canada: Formalized letter of offer stating start & end dates, remuneration, purpose of visit (i.e. work as a “Research Assistant”) Proof of national advertising for the offered position Confirmation of Labour Market Opinion (LMO)

The Labour Market Opinion (LMO) As part of this “Labour Market Opinion,” HRSDC/Service Canada works case-by-case to make sure that employers meet certain eligibility criteria (R203(3)) such as offering prevailing wage rates, acceptable working conditions, and make comprehensive efforts to fill vacant positions with Canadian workers or permanent residents.

Work not requiring LMO Confirmation Most foreign workers require a work permit but in the following cases, no LMO Confirmation is needed: Guest Lecturer Visiting Professors Post Doctoral Fellows Research Award Recipients International Agreements such as NAFTA, CCFTA and GATS Guest Lecturer: position is for a period less than one academic term; does not need to hold a PhD; C22 exempt Visiting Prof: position is for a period no more than 2 academic years; retains position abroad & MUST return; meets requirements under NOC 4011; C22 exempt Postdoctoral Fellows: completed PhD or equivalent; works in field related to PhD; definite term appt; C44 exempt Research Award Recipient: must be direct recipient of award; award must be genuine; C44 exempt Int’l Agreements: applies to specific occupations (i.e. NAFTA=university teachers) only; citizens of participants of agreements only; T23 (NAFTA & CCFTA) & T33 (GATS) exempt

Visiting Scholars/Researchers: AKA Business Visitors Visit a Faculty/Department to discuss research matters of mutual interest No intent to enter the Canadian labour market, thus no employer-employee relationship can exist between the Business Visitor and uWaterloo Principal place of the Business Visitor’s employer is located outside of Canada; primary source of the Business Visitor’s remuneration and accrual of profits of the Business Visitor’s employer must remain outside Canada Worker Permit exempt under R186(a) of IRPR

Visiting Scholars/Researchers: Non-Business Visitor Visit a Faculty/Department to collaborate on research matters of mutual interest Intent to enter the Canadian labour market, thus an employer-employee relationship exists between the Visitor and uWaterloo (i.e. any form of remuneration or reimbursement) Principal place of the Visitor’s employer may be located outside of Canada; primary source of the Visitor’s remuneration may be outside Canada; but purposes of the visit to Canada involves an activity that directly competes in the Canadian labour market Work Permit required & possibly LMO required

Work Requiring LMO Confirmation RA/TA / Lab Techs / Visiting Scholars / Staff If the foreign hire is NOT a student with uWaterloo AND they do not fall into one of the categories previously mentioned, then an LMO Confirmation IS required before a Work Permit will be issued Depending on the type of work, number of hours to be worked, salary offered, length of contract, and advertising done for the position, an LMO is very difficult to obtain Contact me right away to find out what needs to be done For positions where offers have already been made and no advertising was done (i.e. RAs), then a list of all the universities across Canada that the ad was sent to needs to be submitted along with a letter of explanation stating that this is the consistent recruitment method for this particular position (This may not help. Have had 2 returned RA appls even with ltrs of explanations.)

Genuine Working Visits to uWaterloo Scenarios (only purpose of visit must be the following in order to be LMO & Work Permit exempt): Student returning to defend thesis Visiting faculty here on sabbatical from another university who still retains a position to return back to Guest speakers here less than 5 days Conference Chairperson organizing a conference or convention in Canada Academic Evaluator or Examiner for a research project, proposal, program or theses

Potential PhD Student Scenario: Faculty member would like to offer a “visit” to a potential PhD candidate to observe the candidate before accepting him/her as a PhD Issue: “visit” will require immigration documentation Depending on what is offered, where the student is from, and duration of the “visit,” in most cases, an LMO confirmed Work Permit is required

Offered Work to a non-PDF Student Scenario: non-PhD student is completing his/her studies and faculty member would like to offer employment after graduation Issue: employment will require immigration documentation Depending on what is offered, where the student is from, and duration of the “visit,” in most cases, an LMO confirmed Work Permit is required

Solution for non-LMO Confirmed Work Permit If student is from a “bi-lateral agreement” country, International Experience Canada (IEC) Work Permit may be granted If student was a registered student of uWaterloo & his/her study permit is still valid, On-Campus work for remaining registered term for 20 hrs/wk and/or 35 hrs/wk for 90 days after or to expiry of study permit (whichever is first) If student is from another Canadian university and holds a valid Off-Campus Work Permit If student has graduated from a Canadian university/college, may apply for a Post-Graduate Work Permit

Questions? How to reach me: Frances Hannigan, RCIC (ID #507077) HR – WatPort x36332 fhanniga@uwaterloo.ca