Session 6b challenges with specialized knowledge petitions in the canada larry linton

PricewaterhouseCoopers LLP
PwC Law LLP | Copyright © 2015 INSZoom Immigration Conference
INSZOOM Immigration Conference 2015
Empower Employees for Immigration Compliance

About the Author: Larry Linton
Larry Linton is a Senior Lawyer in the Immigration Law practice at PwC Law LLP. Larry has extensive
experience in providing immigration advice and assistance to businesses from a wide range of industry
sectors, including telecommunications and information technology, engineering, banking and financial
services, manufacturing, retail, education, oil and gas and professional services.
Larry regularly works with Human Resource professionals and internal mobility teams on policies and
procedures related to recruitment, retention, and related immigration matters. He also has experience in
helping private clients meet their immigration needs.
Furthermore, Larry has significant experience interacting with domestic processing centers, Canadian
Ports of Entry, and Canadian Consulate Generals, High Commissions and embassies abroad. He provides
training to human resource professionals on immigration compliance and the development and
implementation of related policies and procedures.
In addition to his call in Ontario, Larry is a duly admitted Attorney in South Africa and was called to the Bar
in New Zealand. He graduated with a Bachelor of Arts and a Bachelor of Laws degree from the University
of the Witwatersand, in South Africa. He is a member of the Law Society of Upper Canada and the
Immigration and Citizenship Section of the Canadian Bar Association.

PwC Law LLP
INSZoom Conference
Bengaluru
October 28, 2015

About Us
• One of Canada’s largest and leading corporate immigration law firms
• Over 90 immigration professionals across Canada
• Offices in Vancouver, Calgary and Toronto
• Specialists in Canadian, US and global immigration
• Part of PwC LLP’s global network of immigration service providers
• Clients across a wide variety of sectors including energy, retail, natural
resources, construction, engineering, digital media, technology,
manufacturing and others

Obtaining a Canadian
Work Permit

PwC 6
International Mobility Program
• Examples of LMIA-exempt work permit categories under the International Mobility
Program (IMP) include:
NAFTA
professional
Post-
graduate
work permit
Bridging
open work
permit
Emergency
repair
Spousal
work permit
Reciprocal
employment
Intra-
company
transfers
IEC /
Working
holiday
IMP

Intra-company
transferees – Specialized
Knowledge

PwC 8
Intra-company transferees – Specialized Knowledge
• Effective June 2014, CIC officers have been applying a more rigorous test
for specialized knowledge. Applicants now must possess a high level of:
◦ proprietary knowledge of the company’s products, services,
research equipment, techniques, or management and
◦ knowledge at an advanced level of expertise.
Proprietary Knowledge
• Uncommon expertise related to the
company’s products and services
and its application in international
markets
• Advanced knowledge of the
company’s specific processes and
procedures that is unusual, and not
widespread across the organization
• Must be critical to the business of
the Canadian branch
Advanced Level of Expertise
• Significant and recent experience with
the company
• Expertise used to contribute
significantly to the company’s
productivity
• Knowledge that is unusual within the
firm and not easily transferrable
• Unique and uncommon within the
company as well as in the industry

PwC 9
Assessing Specialized Knowledge
• Unique and unusual abilities not easily found in a particular
industry
• Knowledge not easily transferable to another individual
• Highly unusual knowledge/experience within the industry and
within the organization
• Proprietary knowledge of particular and unusual business
processes or methods, not widespread across the organization, or
in the Canadian labour market
• Applicant’s proprietary knowledge must be critical to the
Canadian operations
• Significant detriment to the business without the applicant’s
expertise

PwC 10
Wages
• Salary or wage should be consistent for the specialized worker within the industry
• Must meet the Canadian prevailing wage for the specified occupation and region
Employer Compliance
Employer requirements
• New rules have been introduced that requires employers supporting work permits
under IMP to provide the job offer & other relevant information to CIC before the
foreign worker may apply for a work permit
• As of October 28, 2015, this process will be completed online through the Employer
Portal System
Associated Fees
• A “compliance fee” of $230 per work permit must be submitted for employer-specific
work permits under the IMP

Facilitating Successful
Work Authorization in
Canada – Question &
Answer

PwC 12
Proprietary Knowledge – Question 1
Question:
For the purposes of the intra-company transferee specialized knowledge
(ICT-SK) category, are the company’s unique consulting processes
considered proprietary knowledge?
Answer:
Knowledge of “unique consulting processes” is a vague descriptor and
significant information would need to specify what this actually means
in the context of the application at hand.
Recommendation:
• Have a detailed support letter explaining the unique and uncommon
process, and the relevance to the industry
• Reflect this uncommon character of the process in the applicant’s
resume

PwC 13
Proprietary Knowledge – Question 2
Question:
Would an individual who has been employed by a company for one year, and in the
same role, be deemed to possess proprietary knowledge of that company's
proprietary product?
Answer:
It must be determined whether the company is the employer or the client. There
may be instances where proprietary knowledge of client products may be relevant in
assessing if the knowledge is uncommon or unusual within the industry. However,
assessments of proprietary knowledge and advanced expertise focus primarily on
the employer’s (not the client’s) products, services, processes and procedures,
regardless of whether the applicant has worked for a short period with the employer.
Recommendation:
• Clearly specify the details of proprietary knowledge, and demonstrate that the
applicant possess a high level of proprietary knowledge of the employer’s
product and services.

PwC 14
Advanced Expertise – Question 3
Question:
How many years of experience would an individual need to have to be deemed to posses advanced
expertise? Would a recent graduate with one year work experience with a company (and no previous
work experience) be deemed to possess advanced expertise for the purposes of the ICT-SK category? If
not, can another period of time be determined as an objective criterion to assist businesses in
identifying suitable candidates to meet contractual commitments in Canada?
Answer:
The applicant would have to demonstrate an advanced level of knowledge that is unusual and
different within the industry. A first-level university graduate with one year work experience will
most likely not meet this criteria, as demonstrating proprietary knowledge in such a context will be a
challenge. The program delivery instructions indicate “the longer the experience, the more likely the
knowledge is indeed ‘specialized’.”
Recommendation:
• Demonstrate that the applicant’s knowledge is unique to the region, the industry, and company
• Since an individual with specialized knowledge is deemed to be a specialist, ensure the candidate
chosen possesses advanced knowledge and skills related to the relevant service or product

PwC 15
Documentary Requirements– Question 4
Question:
In the case of demonstrating proprietary knowledge, is it sufficient that a company attest that the
applicant possesses proprietary knowledge in a letter of support, and include employee's CV/resume as
evidence of this? If not, what other documentation would be required?
Answer:
It is key that the company provide a submission letter outlining how and why the applicant meets
the requirements for possessing proprietary knowledge. In addition, the applicant’s résumé is a key
part of the assessment. The résumé should be sufficiently detailed to support arguments
regarding proprietary knowledge.
Additional supporting documents: certificates for intra-company training on proprietary products,
awards, articles, etc.
Recommendation:
• Be sure to connect the dots between the facts and the test being addressed.
• Include salary information and job descriptions for the client’s employment outside of Canada.
• If a client is being identified as being key personnel with advanced and unusual expertise, ensure
this is reflected in their wages in their current position.

PwC 16
Documentary Requirements– Question 5
Question:
As a general principle, is providing more documentation that links the intended
work in Canada to the CV better (e.g. more details about the scope and nature of
work)?
Answer:
More specific information on the proposed work / role of the applicant in Canada is
helpful. Any information which will assist in assessing proprietary knowledge (vis a
vis the parent / branch / subsidiary / affiliate in Canada) and any potential
disruption or impact on operations is helpful.
Recommendation:
• The applicant’s CV should closely reflect the skills and knowledge the applicant
will utilize in the intended position.
• Provide supporting documents such as: additional training certification/courses,
company material on the specialized service or product.

PwC 17
Prevailing Wage in Canada– Question 6
Question:
Will an applicant receiving a salary well above prevailing wage in Canada, in and of itself,
be deemed to possess specialized knowledge? If so, what level or percentage above the
prevailing wage would be an indicator? Is paying the prevailing wage enough to satisfy the
criterion regarding the wage floor?
Answer:
In the absence of specific on-point submissions demonstrating that the applicant
possesses a high degree of proprietary knowledge and advanced expertise, wage alone
will not be determinative. Payment well in excess of the prevailing wage might be a
supporting consideration. The wage floor is a minimum threshold that must be met
in assessing prevailing wage requirements.
Recommendation:
• Ensure that the salary offered is above the average salary. An individual
possessing specialized knowledge that is uncommon in a particular industry is
considered a specialist, and the salary should reflect this.

PwC 18
The Percentage of Employees in a Given Company
with Specialized Knowledge– Question 7
Question:
According to the program delivery instructions, specialized knowledge
"will by definition be held by only a small number or small percentage
of employees of a given firm." Is the definition of "a given firm" the
subsidiary in India, the Canadian branch, or the global company?
Answer:
This should be viewed globally.
Recommendation:
• Employers should ensure that the applicant’s knowledge and skill set
is not wide spread amongst the organization, and their employment
is critical to the operations of the Canadian branch.

PwC 19
The Percentage of Employees in a Given Company
with Specialized Knowledge– Question 8
Question:
If only 10% of a given firm's employees possess the knowledge put forth in an ICT-SK
application, would those employees be deemed to possess specialized knowledge? What
about 5%? Is the processing officer looking at these types of percentages as part of the
adjudication process?
Answer:
The program delivery instructions do not provide specific ratios or measures.
However, they clearly suggests that the specialized knowledge should be “unique and
uncommon” and that applicants should demonstrate that they are “key personnel”.
Recommendation:
• The employer has the onus of showing that only a limited number of individuals
possesses the relevant knowledge within the industry and their organization. The
fewer the number of individuals who possess the relevant knowledge, the higher the
applicant is deemed to be specialized.

PwC 20
Indian Salary– Question 9
Question:
Is an employee's salary in India an indication of whether an employee possessed
specialized knowledge? Is there a set salary level (such as prevailing wage in India) that is
used in determining this?
Answer:
Based on the high volume of applications the Visa Offices in India receive and their
experience, they are able to recognize when the Indian wage in a given occupation /
application is not indicative of the applicant being unique, uncommon or key personnel.
As a general rule the lower the salary in India, the less likely it is that the
applicant is key to the employer and possesses a high degree of proprietary
knowledge and advanced expertise.
Recommendation:
• Salary must at all times meet the prevailing wage in the industry and working region.
Since specialized knowledge individuals possess a higher degree of knowledge and
advanced expertise, their salary should be reflective of this specialization.

Contact Details
Larry Linton
larry.j.linton@ca.pwc.com
PwC Law LLP
pwcimmigrationlaw-info@ca.pwc.com
1-800-993-9971
http://www.pwc.com/ca/lawPwC Law LLP | Copyright © 2015 INSZoom Immigration Conference

This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the
information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the
accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PwC Law LLP, its members, employees and agents
do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the
information contained in this publication or for any decision based on it.
© 2014 PwC Law LLP. All rights reserved.
Thank you!

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Session 6b challenges with specialized knowledge petitions in the canada larry linton

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Session 6b challenges with specialized knowledge petitions in the canada larry linton