Immigration and Compliance
Immigration and Compliance In this discussion group we will cover questions relating to immigration compliance, including new regulations covering Administrative Monetary Penalties taking effect December 1.
Below are several issues discussed during the course of the corporate roundtable meeting at the CERC conference in Montreal.
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1. Expediting immigration to align with timing of the assignment.
2. Balancing the need for compliance (immigration, tax etc.) with the business practicalities of moving talent. Frequently the business imperative of moving our talent to serve our clients’ needs as quickly as possible presents a challenge of ensuring we are able to comply with the legislative requirements of the countries to which we mobilize our people within the timelines we are provided.
3. Execution of payroll and expenses for employees on our payroll but on localized assignments elsewhere (charge backs).
4. Managing the interfaces between separate groups involved: compensation, legal, pension & benefits, payroll, corporate tax, external tax consultants.
5. Immigration – specifically, how CIC intends to deal with the fact that almost 50% of work permits issued are LMIA exempt and impact on Express Entry (i.e. those people will only ever get a max 600 points).
6. Our organization is fortunate to have a blanket LMIA exemption in the Foreign Worker’s Manual that allows us to hire temporarily as we need to. Being LMIA exempt now means our employees (highly skilled workers, most having PhD’s and working at very senior and management levels) can now only receive a maximum 600 of 1200 points under Express Entry with their permanent residency application. The added wrinkle of having to include themselves on Job Bank and be available for work – when they already have careers in our organization is confusing.
7. Our exemption used to be something our organization considered very positive, now, it’s possibly detrimental to our employee’s ability to remain in Canada. I imagine other employers are in the same boat.
8. Taxation rules outside Canada – application for Canadian ex pats when they choose to obtain non-residency status as well as how it applies to non-Canadians (i.e. we hire third country nationals and nationals at post that are subject to tax rules in their country of work). *As an aside, we are also seeing countries discover the concept of taxable benefits and we are seeing it applied in a varied manner from country to country.
· Time tracking
· Application/calendar to track time in/out
· Payroll system/database voluntary self-audit
· Probably flying under the radar (back door to avoid waiting)
· Solution-expedite fee
o Difficult to justify for public/NPO’s
· PR-Outstanding talent
· High value professors don’t get enough points (age)
· Problems-can’t increase $ w/out risking non-compliance to LMIA
· Committee-internal vendor >$10k
· One size for all
o Core and flex
o Appraisal and cost estimate
o Decision tree