Operational Bulletin 225-E – January 06, 2012

The Modified Processing Instructions for Information Technology Work Permit Applications (Software Pilot) for British Columbia and Quebec

Issue

This Operational Bulletin (OB) replaces OB 225-D, published on September 30, 2011. OB 225-D dealt with the “Modified Processing Instructions for Information Technology (IT) Work Permit Applications (Software Pilot) for British Columbia and Quebec”. At present, the authorities have decided to keep the facilitated process for Quebec in place until further notice.

Situations will arise where officers receive work permit applications for the seven specific Information Technology (IT) occupations. The authorities had placed these seven occupations in the facilitated process for Information Technology (IT) specialists destined to British Columbia. Henceforth however, work permit applications for these seven occupations will require a Labour Market Opinion (LMO). This requirement comes into effect from January 01, 2012.

In OB 225-E, the authorities have mentioned that the facilitated process for British Columbia concluded on December 31, 2011. However, the authorities aim to keep the facilitated process for Quebec in place until further notice.

Background

Human Resources and Skills Development Canada (HRSDC) [Service Canada] issued a notice to employers on May 20, 2010. It notified the employers that the simplified process for certain Information Technology (IT) occupations was going to end on September 30, 2010.

It also informed the employers that employers wishing to hire a Temporary Foreign Worker (TFW), who was previously ineligible for Information Technology (IT) facilitated processing, would need to apply for a Labour Market Opinion (LMO). This update applied everywhere except in:

• British Columbia, where the authorities extended the simplified process for certain Information Technology (IT) applications till December 31, 2011 and,
• Quebec, where the authorities extended the simplified process for certain Information Technology (IT) applications until further notice

Thus, employers would need to apply for a Labour Market Opinion (LMO) for the specified workers with effect from October 01, 2010.

The Guidelines

The Guidelines Applicable for Work Permit Applications Received Prior to January 01, 2012

Officers will apply the terms of the simplified entry process for the seven specific Information Technology (IT) occupations. The authorities have specified the details of these occupations on the website of Citizenship and Immigration Canada (CIC). They will do so for work permit applications they receive up to and including December 31, 2011 for:

• Initial applications and,
• Renewals

On approving these applications, the officers would need to ensure that they have a maximum duration of one year from the date of work permit issuance. This is in accordance with previously issued instructions.

The Guidelines Applicable for Work Permit Applications Received On or After January 01, 2012

The authorities have mandated that certain work permit applications would require a Labour Market Opinion (LMO). This is especially applicable in cases where the work permit applications are for the seven specific Information Technology (IT) occupations, which previously came under the facilitated process. This requirement comes into effect from January 01, 2012.

In addition, the Labour Market Opinion (LMO) would need to specify the requirements for the durations of the occupations. The officers would need to ensure that the work permit durations are in accordance with the requirements specified within the Labour Market Opinion (LMO).

Officers must also note that the facilitated process will continue in Quebec until further notice. 

Readers might require more information about the information given in this OB. They could refer to the website of Human Resources and Skills Development Canada (HRSDC) for obtaining greater clarity on the subject.

Source: Citizenship and Immigration Canada (CIC)