Processing of Visa for Temporary
Workers Bound for Canada
ADVISORY NO. 25 Series of 2007
The Canadian Embassy in Manila has provided information on the issuance of
visas for temporary workers intending to work in Canada to ensure that
prospective workers and employers comply with Canada’s Immigration and
Refugee Protection Act and Regulations.
According to the Embassy, processing of visa application is on a first
come, first served basis. This is to ensure that the processing of
visa applications is treated in a fair manner as possible. Due to the
growing number of visa applications received which has resulted to
backlogs, efforts are being made to shorten the processing time of visa
applications. The Embassy is currently processing applications which were
submitted 18 weeks ago.
The following are some processing tips in order to facilitate the
processing of Temporary Work Permit applications:
Visa applicants are encouraged to
provide as much information as possible on the following:
The mode of recruitment i.e. whether
the worker was recruited through a recruitment agency or through
relatives or contacts.
The mode of selection i.e. whether
the worker was selected through an interview, written exam or any
other procedures.
The steps taken to verify the
worker’s level of competency in education, experience and of the
English language.
The type of compensation the worker
will receive.
Visa applicants are required to submit
an NBI Clearance. However, NBI Clearance with notation of “No Criminal
Record” indicates that there may be a criminal concerns and the visa
application may take longer to process.
Visa applicants are required to pass
an Immigration Medical Examination at a Designated Medical Practitioner
to ensure their medical fitness prior to the issuance of a Temporary
Work Permit. The medical examination request will normally be made at
the same time with the visa application but it does not mean the visa
application is accepted.
All work permit applications will cost
CDN$150 or its equivalent and is not refundable in case of visa denial.
Payment in Canadian dollars is recommended rather than in Philippine
pesos.
Visa applicants should provide
evidence that they will return to the Philippines. Applicants who have
been unemployed for several years, single and has close relatives in
Canada might be a cause for concern. However, a relative in Canada is
certainly not a bar to acceptance of an application.
Wages paid to Filipino workers should
be the same as the salaries paid to Canadians for the same job. If the
employer pays less, he would be charged with violations of the Canadian
Human Rights Legislation.
The processing of both the Labor
Market Opinion (LMO is given by HRSDC in Canada) and the work permit (by
the Canadian Embassy in Manila) at the same time is possible if an
applicant is applying for a work permit at the skill level of A, B, or O
(for higher skilled areas). Work Permit will only be issued after
receipt of the LMO by the Embassy. The application maybe refused if the
LMO is not received by the Embassy within 90 days.
Workers applying under the Temporary
Foreign Workers in Occupations Under Pressure Program will only be
allowed to work for 2 years in Canada.
Employers are advised to consider the
following criteria during the selection process:
Philippine High School Level has
only the equivalent of 10 years high school in Canada. In order to
have the equivalent of Canadian High School, completion of an
additional 2 years of studies is necessary.
Applicants must speak English or
French at a level which will allow him to perform the job required and
to function in Canadian society.
If the applicant does not meet the
above criteria of language or education/experience, the employer must
submit a letter stating why the particular worker is essential for the
Canadian operations.
Travel costs are to be borne by the
employer and are not recoverable from the worker. Employers must
ensure that there are no recruitment fees paid by the worker to
any recruitment agencies.