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Difference between revisions of "Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)"

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==== b) Alternative Work Permits ====
==== b) Alternative Work Permits ====


There are other, less common kinds of work permits under the International Mobility Program, such as a professional pursuant to CUSMA; inter-company transfers; Mobilite Francophone, and significant benefit permits, where the foreign national can demonstrate that they will contribute significantly to Canadian culture or the economy.  Work permits authorizing self-employment are technically possible, but rarely granted.  Please see sections 204 and 205 of the IRP Regulations and the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html Operational Manuals relating to the International Mobility Program] for further details:  
There are other, less common types of LMIA-exempt work permits accessible under the International Mobility Program, such as a professional pursuant to Canada-United States-Mexico Agreement (“CUSMA”); inter-company transfers; Mobilite Francophone, and significant benefit permits, where the foreign national can demonstrate that they will contribute significantly to Canadian culture or the economy.  Work permits authorizing self-employment are technically possible but rarely granted.  Please see sections 204 and 205 of the IRP Regulations and the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html Operational Manuals relating to the International Mobility Program] for further details:  


Workers who have employer-specific work permits may be eligible for an open work permit that is exempt from an LMIA if they are experiencing abuse, or if they are at risk of abuse. The main objective of this program is to provide migrant workers means to leave their employer if they are facing abuse. It helps migrant workers by reducing the risk and fear of work permit revocation and removal from Canada. Consult the relevant [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html Operational Manual] for further details.  
Workers who have employer-specific work permits may be eligible for an open work permit that is exempt from an LMIA if they are experiencing abuse, or if they are at risk of abuse. The main objective of the open work permits for vulnerable workers program is to provide migrant workers with means to leave their employer if they are facing abuse. It helps migrant workers by reducing the risk and fear of work permit revocation and removal from Canada. Consult the relevant  
[https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html Operational Manual] for further details.  


Further, registered Indians are exempt from having to apply for a work permit to work in Canada. Please see section 186(x) of the IRP Regulations for more information.  
'''NOTE:''' The Migrant Workers Centre is a non-profit organization dedication to legal advocacy for migrant workers in BC and facilitates access to justice through the provision of legal education, advice and full representation.
 
[https://mwcbc.ca/ https://mwcbc.ca/]
 
'''NOTE:''' Registered Indians are exempt from having to apply for a work permit to work in Canada. Please see section 186(x) of the IRP Regulations for more information.  


:'''NOTE:''' Under the International Mobility Program, all employers, apart from those exempted from the employer compliance regime, who make an offer of employment to a foreign national referred to in IRP Regulations s. 200(1)(c)(ii.1) must comply with the conditions imposed under IRP Regulations ss. 209.2 and 209.4. An employer may be inspected (an inspection may be initiated from the first day of employment for which a work permit is issued up to a maximum of 6 years thereafter) and must ensure they have met these conditions. For more information, see the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html IRCC website]:  
:'''NOTE:''' Under the International Mobility Program, all employers, apart from those exempted from the employer compliance regime, who make an offer of employment to a foreign national referred to in IRP Regulations s. 200(1)(c)(ii.1) must comply with the conditions imposed under IRP Regulations ss. 209.2 and 209.4. An employer may be inspected (an inspection may be initiated from the first day of employment for which a work permit is issued up to a maximum of 6 years thereafter) and must ensure they have met these conditions. For more information, see the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/employer-compliance-inspections.html IRCC website]:  


:'''NOTE:''' Under the Temporary Foreign Worker Program, ESDC/Service Canada has the authority to review the activities of any employer using the Temporary Foreign Worker Program, in relation to the treatment of workers, their LMIA or LMIA application by conducting an inspection with or without prior notice to the employer. For more information, see the [https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance.html ESDC website]:
:'''NOTE:''' Under the Temporary Foreign Worker Program, ESDC/Service Canada has the authority to review the activities of any employer using the Temporary Foreign Worker Program, in relation to the treatment of workers, their LMIA or LMIA application by conducting an inspection with or without prior notice to the employer. For more information, see the [https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance.html ESDC website]:
NOTE: The International Mobility Workers Unit (IMWU) provides opinions on whether or not an employer and the temporary foreign worker they want to hire are exempt from obtaining a LMIA. You can request an opinion from the IMQU to find out if an LMIA or work permit exemption applies in our situation. [https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/international-mobility-workers-unit.html For more information]


=== 4. Temporary Resident Permit ===
=== 4. Temporary Resident Permit ===
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