Our client heavily relied on a Software Developer whose work permit was going to expire in six (6) months when they initially contacted Lerom Law. Our client had an operational business for just about two (2) years.
Their patent and band name was registered in the USA as well. Products were developed and produced in a third country. Our client operated in the Beauty Industry, i.e., not a technology company.
“However, our client had a larger portion of their sales to customers in the USA.”
All five (5) employees, including a temporary foreign worker, worked remotely from various locations in Ontario. All sales have been conducted online, without a physical store or office. Retaining a Temporary Foreign Worker was essential as they worked on a business’s conceptual store - key to our client’s revenue and growth.
THE SOLUTION
We advised our client on:
The importance of proving the genuineness of a job offer. Our client had a strong link to the USA (i.e., customer base, patent, trademark) and no physical store or office in Canada; manufacturing took place in a third country. We advised that it was important to submit additional documents to substantiate that the company provided goods (custom beauty products) in Canada to Canadian customers too.
The importance of justifying the need for a TFW’s physical presence in Canada, given that all employees worked remotely and our client had no physical office. We emphasized the importance of disclosing a remote work mode and including a telework agreement with a TFW regulating the terms of employment. This was intended to prevent any compliance issues in the future and our client’s ability to use the Global Talent Stream program again.
The importance of drafting a realistic and doable Labour Market Benefits Plan (LMBP). We assisted our client in selecting benefits, activities, and targets for their LMBP that are consistent with their business and proportionate to hiring just one (1) TFW. We helped our client to negotiate an LMBP during the phone interview with ESDC (Employment and Social Development Canada)/Service Canada officer.
The importance of timely extension of a TFW’s work permit to ensure they could keep working without interruption and maintain legal status in Canada.
THE RESULT
Our client was able to retain a TFW whose skills and expertise were essential for their business growth for two (2) more years.
We assisted our client by applying for a Labour Market Impact Assessment under the Global Talent Steam Category B. ESDC (Employment and Social Development Canada)/Service Canada approved this application within a week from the submission date.
“The recruitment was waived, and the processing was streamlined.”
The application was submitted with the full disclosure of all “problematic areas” competently explained in a counsel’s submission letter that accompanied this application and during an interview with the ESDC/Service Canada officer. When dealing with cases that are not straightforward, it is our top priority to disclose and address all issues to ensure our clients' long-term success and peace of mind.
