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The Canadian government is currently issuing temporary employment authorization visas under an expedited process, to qualified professionals and skilled persons under the "Information Technology Workers Program". Qualified individuals must possess a variety of attributes including education and employment experience, which are compatible with seven occupation descriptions in the Canadian IT sector.
DISCLAIMER:
This compilation of Frequently Asked Questions has been prepared by Colin R. Singer, Attorney At Law, in conjunction with the CANADIAN CITIZENSHIP & IMMIGRATION RESOURCE CENTER (CCIRC) INC
(http://www.immigration.ca), for the intended reference by interested individuals and is not intended to create an attorney - client communication. This writing may be reproduced for the personal non-commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein.
INFORMATION TECHNOLOGY WORKERS PROGRAM
(FREQUENTLY ASKED QUESTIONS)
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What does a temporary employment authorization entail?
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Who qualifies for a temporary employment authorization?
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What is the Information Technology Workers Program?
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Who qualifies for an employment authorization under the
program?
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Where are applications submitted?
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Who is included in the application?
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What are the processing fees involved?
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Is an interview required?
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Who must attend the selection interview?
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How are applications processed under the program?
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How are officers being required to assess applications filed under the program?
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How long does it take to obtain a temporary employment authorization under the program?
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Must the applicant travel to Canada as part of the process?
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Can foreign nationals who have obtained a temporary employment authorization under the Information Technology Workers program apply for Canadian permanent residence?
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Can foreign nationals who have applied for Canadian permanent residence under the Independent category concurrently apply for a temporary employment authorization under the Information Technology Workers program?
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What if a prospective applicant is destined to the Province of Quebec?
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Are there any limits placed on the numbers of persons admitted under the program?
LAW OFFICES OF COLIN R. SINGER
Barrister & Solicitor
Canadian Legal Experts
Citizenship & Immigration Law
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What does a temporary employment authorization entail?
A temporary employment authorization is a document issued by an immigration officer that enables the holder to engage or continue in employment in Canada for a specified employer and for a specified period of time.
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Who qualifies for a temporary employment authorization?
Generally, a temporary employment authorization may be issued to a person in good standing, where in the opinion of an immigration officer, employment of the person in Canada will not adversely affect employment opportunities for Canadian citizens or permanent residents in Canada or affect the settlement of any labour dispute that is in progress at the place or intended place of employment. Such an opinion is usually formed following a favourable employment validation process conducted by a Human Resources Development Centre in Canada and in the absence of a medical or security inadmissibility.
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What is the Information Technology Workers Program?
On May 5, 1997 in response to Canadian industry's inability to hire certain foreign workers, Citizenship and Immigration Canada (CIC), in conjunction with Human Resources Development Canada (HRDC), Industry Canada (IC), and the Software Human Resources Council (SHRC), implemented a pilot project aimed at alleviating an identified shortage of skilled Canadian software development workers. The program permits the timely admission into Canada of certain temporary foreign information technology workers by expediting the validation component of the employment authorization process for the applicant, and the spouse. Persons admitted under this program will be permitted to engage or continue in employment in Canada for a specified employer and for a specified period of time.
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Who qualifies for an employment authorization under the
program?
Seven specific occupational descriptions have been identified under the program requiring the following general attributes:
Embedded Systems Software Designer (NOC 9990.2)
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Designing, implementing and documenting real-time embedded software for a variety of applications.
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Minimum Requirements:
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a. Education
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Minimum entry requirements include: Bachelor degree (B.A.) or a 2-year Post-Secondary diploma/certification with a computing element.
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b. Language
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Working proficiency in English and/or French (written and oral)
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c. Experience
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Two (2) years experience designing and implementing real-time software in a high or low-level language.
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d. Salary
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$45K - $95K
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Software Products Developer (NOC 9990.6)
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Designing and implementing software for end-users
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Minimum Requirements:
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a. Education
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Bachelors degree (B.A.) or a 2-year Post-secondary diploma/certification with a computing element.
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b. Language
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Working proficiency in English and/or French (written or oral)
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c. Experience
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Two (2) years experience with client/server applications
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d. Salary
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$45K - $95K
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MIS Software Designer (NOC 9990.3)
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Designing and implementing software for Management Information Systems
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Minimum Requirements:
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a. Education
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Bachelors degree (B.A.) or a 2-year Post-secondary diploma/certification with a computing element.
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b. Language
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Working proficiency in English and/or French (written and oral).
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c. Experience
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Two (2) years experience with application
development : programming, designing, and analysing real-time OLTP (on-line) transaction processing), RDBMS (relational database management systems), and large mainframe systems, large mainframe systems including experience with Year 2000 related activities such as impact analysis, code conversions, testing, compliance and auditing.
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d. Salary
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$45K - $95K, depending on experience
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Multimedia Software Developer (NOC 9990.4)
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Designing and implementing multimedia software for interactive computer-based training (CBT) and promotional software applications.
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Minimum Requirements:
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a. Education
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Bachelors degree (B.A.) or a 2-year Post-secondary diploma/certification with a computing element.
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b. Language
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Working proficiency in English and/or French (written and oral).
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c. Experience
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Two (2) years experience in elements in producing and incorporating the following elements into CBT and multimedia applications: digital video, 2D and 3D graphics, 2D and 3D animation, digitised audio.
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d. Salary
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$35K
- $50K
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Senior Animation Effects Editor (NOC 9990.1)
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Compositing and editing animation and digital effects (FX) for film and television
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Minimum Requirements:
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a. Education
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Bachelors degree or equivalent technical school certification in film editing and/or computer graphics, or equivalent work experience. (Experience must be in animation, film, or digital effects)
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b. Language
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Working proficiency in English and/or French (written and oral).
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c. Experience
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Two (2) years experience with non-linear composing and effects background, with traditional on/off line, an asset. Knowledge required and to be demonstrated in work experience, as a senior editor in production. At least two (2) years experience required with any or a combination of platforms and software and hardware in specific products/technologies including: Avid Mcxpress/SGI-MAC; AVID Videoshop/MAC; Stata Videoshop/MAC; Flint/SGI; Flame/SGI; Harry/Henry/Hal/SGI; Edit Box/SGI; Illusion/SGI; Media 100/MAC; Premier/MAC/PC/ALPHA; After Effects/MAC/PC/ALPHA; Video Action Pro/MAC/PC; Final Cut/PC; Speed Razor Pro/ALPHA/PC; D-Vision/SGI; Compose/MAC/ALPHA; Animation Master/MAC/ALPHA.
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d. Salary
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$65K
- $100K
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Software Developer Services (NOC 9990.5)
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Responsible for coding, testing, analysis, design, definition, development and implementation of application systems.
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Minimum Requirements:
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a. Education
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Bachelors degree (B.A.) or a 2-year Post-secondary diploma/certification with a computing element
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b. Language
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Working proficiency in English and/or French (written and oral).
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c. Experience
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Two (2) years experience designing and implementing software
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d. Salary
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$40K+
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Telecommunications Software Designer (NOC 9990.7)
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Designing and implementing real-time telecommunications software
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Minimum Requirements:
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a. Education
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Bachelors degree (B.A.) or a 2-year Post-secondary diploma certification with a computing element
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b. Language
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Working proficiency in English and/or French (written and oral).
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c. Experience
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Two (2) years experience designing and implementing real-time software, in a high or low level language, in the field of voice and data communications (a.k.a. telecommunications).
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d. Salary
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$45K- $95K
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Where are applications submitted?
Applications for temporary employment authorization under the program are generally filed with a visa office outside of Canada although certain applications (applicants who are covered by Schedule II of the Regulations) may be initiated at a port of entry. The effective selection of the processing visa office can greatly reduce the overall processing time, which varies, from post to post.
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Who is included in the application?
The application for temporary employment authorization may include the applicant, spouse and any unmarried children under the age of 19 years. Children over the age of 19, may, in certain instances, be included as accompanying dependants
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What are the processing fees involved?
Applications must include the appropriate non-refundable processing fee of $150. Applicants are encouraged to verify with local missions for applicable post specific payment procedures. Applicants who are not covered by Schedule II of the Regulations and who are therefore required to obtain a visitor's visa will incur additional fees to process a visitor visa application.
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Is an interview required?
Generally, an interview may be scheduled at the visa office where the application was filed or at the port of entry to determine inter alia, whether an applicant possesses the necessary requisites for the position in question. The interview may likewise be conducted to ensure the accuracy of the information contained in the documentation submitted; to confirm an applicant possesses the necessary means to settle in Canada; to verify the absence of a security inadmissibility and to ensure the bona fides of the position being offered and the terms and conditions of employment.
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Who must attend the selection interview?
The applicant and spouse (where applicable) will generally be required to travel to the processing visa office and attend the selection interview.
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How are applications processed under the program?
Employers are required to provide the prospective employee with a temporary offer of employment and/or an employment contract. The contract, must at a minimum, state the job title, duties, remunerative benefits, duration and the actual location of the employment. As well, employers must furnish on company letterhead, a letter head, a company profile including a brief description of its activities, length of time in business, the size of the workforce, products and services, whether it is the head office, branch or subsidiary and union or industry association affiliations. Applications for employment authorization are filed with supporting documentation proving education, training and experience including previous employment contact co-ordinates and the offer of employment from a Canadian employer.
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How are officers being required to assess applications filed under the program?
Applicable Operations Memorandums requires visa officers to assess the bona fides of the Canadian employer and to ensure that the content of the offer of employment meets all aspects of the skill requirements and salary guidelines for the relevant occupation description. Where the job offer or the employee's qualifications fall outside of the stated requirements, the applicant and the employer will be required to obtain employment validation. As well, the stated employer must be the entity that provides the remunerative benefits for the duration of the period of employment in Canada.
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How long does it take to obtain a temporary employment authorization under the program?
Depending upon the time of year, the visa office in question and other factors, the processing time for an application for temporary employment can vary from between 1-4 months. This is the time generally needed to demonstrate compliance; a clean bill of health for the applicant and accompanying dependants; sufficient assets to successfully establish the family in Canada; and a confirmation of no medical inadmissibility for certain applicants and their accompanying dependants.
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Must the applicant travel to Canada as part of the process?
The applicant need not visit Canada as part of the process. However in most cases, prior interviews with prospective Canadian employers is a necessary pre-requisite to obtaining a temporary offer of employment.
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Can foreign nationals who have obtained a temporary employment authorization under the Information Technology Workers program apply for Canadian permanent residence?
Once admitted into Canada visa holders are permitted to apply for Canadian permanent residence under applicable rules. Additional information in this regard may be obtained from our writing
CANADIAN CITIZENSHIP & IMMIGRATION - THE ACQUISITION OF CANADIAN PERMANENT RESIDENCE UNDER THE INDEPENDENT CATEGORY AND BUSINESS CLASS * FREQUENTLY ASKED QUESTIONS
(FAQ).
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Can foreign nationals who have applied for Canadian permanent residence under the Independent category concurrently apply for a temporary employment authorization under the Information Technology Workers program?
Traditionally, visa officers have viewed concurrent applications for permanent residence and temporary entry as being incompatible with each other. Visitors (work, study or visit) with pending immigrant applications will be subject to the issue of Dual Intent, which in itself has been the subject of ongoing debate within the department of Citizenship and Immigration as well as the judicial community including the Federal Court of Appeal. Recent clarifications which attempt to conform to a global view of the world community, provide that immigration officer's must assess the present intention of the applicant when a person applies to visit Canada and verify the question of whether the applicant has the ability and the intention to enter Canada for a temporary purpose and thereafter leave Canada at the expiry of the visitor status, regardless if the long-term goal is to secure permanent residence in Canada.
Intending immigrants may be initially admitted to Canada under a temporary employment authorization to facilitate entry so long as the bona fides of the applicant are not in question.
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What if a prospective applicant is destined to the Province of Quebec?
Pursuant to applicable legislation, the Province of Quebec has established its own legislation with respect to the selection of foreign nationals who are destined to that province.
Specific procedures have been implemented by CIC and the Quebec government for applicants applying to Quebec under the pilot project program.
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Are there any limits placed on the numbers of persons admitted under the program?
There are no limits being applied.
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