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Any way you
slice it, good
prep pays.
At Sherrard Kuzz we work
with our clients to anticipate
and avoid workplace issues
that can hurt their business.
Whether it’s a well drafted
employment agreement, timely
supervisor training or strategic
workplace policy, small
investments today can prevent
large and expensive headaches
down the road.
Good prep. It’s how we help
our clients succeed.
2013
RANKED
Main 416.603.0700
24 Hour 416.420.0738
www.sherrardkuzz.com
@sherrardkuzz
IMMIGRATION, REAL ESTATE AND COMMERCIAL LAWYERS
920 Yonge St. Suite 510
Toronto, Ontario, M4W 3C7
tel: 647.351.7795 | MaraniLaw.com | info@maranilaw.com
NAFTA professional category, the intra-company
transfer category or with a positive
LMO.
NAFTA PROFESSIONAL
The NAFTA professional category work
permit is the best option for our neighbours
to the south. In order to qualify as a NAFTA
professional, the foreign national must be an
American or Mexican citizen typically with
a specified professional degree. Recognized
occupations include accountants, architects,
engineers and management consultants.
Citizens of the United States may obtain
work permits under this category at the port
of entry, while citizens of Mexico must ob-tain
these permits through a Canadian
Consulate or Embassy in Mexico. Canada
has also signed Free Trade Agreements with
Peru and Chile and there are similar catego-ries
for professionals from these countries to
work in Canada.
INTRA-COMPANY TRANSFEREE
The second best option for obtaining a work
permit is as an intra-company transfer. The
foreign national:
■■ Must be employed by a multi-national
company at the time he/she would like to
work for a parent, subsidiary, branch or
affiliate of that company in Canada
■■ Must have worked outside of Canada for
at least one year of the previous three-year
period
■■ Must be transferred to a similar full-time
position in a managerial or specialized
knowledge position
If the employee does not require a TRV,
then the work permit may be issued at the
port of entry; in all other circumstances,
the work permits are issued at a Canadian
Consulate or Embassy.
POSITIVE LMO
When a foreign national does not fit into
either of the above two options, the gener-al
work permit rule applies, and the foreign
national must obtain a work permit through
the more complicated LMO application.
The LMO is a labour certification process,
which involves demonstrating that local re-cruitment
has been unsuccessful and there
is a need to hire a foreign national. The re-cruitment
process may differ depending on
where the position falls under the National
immigration
32 ❚ MARCH/APRIL 2014 ❚ HR PROFESSIONAL