Performing Arts Work Permit Introduced

The situation

A new work permit category has been introduced for key creative personnel offered a position in Canadian non-profit performing arts organizations in the orchestral music, opera, live theatre and dance disciplines.

A closer look

• LMIA exemption. Initial and renewal applications under the new category will not require a Labour Market Impact Assessment (LMIA) if the employer demonstrates that there are similar opportunities available abroad to Canadian workers by providing one of the following:
  • An offer of employment submitted by the employer that indicates that the applicant’s job offer is in the dance, opera, orchestra or live theatre discipline and the employer is a current recipient of eligible funding from the Canada Council for the Arts or of financial support via parliamentary appropriation, such as the National Arts Centre; or
  • A letter or other evidence provided by the applicable Canadian performing arts representative or organization showing that reciprocal international opportunities exist for Canadians in that discipline. 

 

Reciprocity does not need to be one foreign national for one Canadian. 

• Application process. Visa nationals must apply at a Canadian consulate abroad, where processing times vary. Visa-exempt nationals can apply at the port of entry and will receive an adjudication immediately.

 

Impact

Organizations receiving government arts funding or those sending artists abroad will now benefit from:

• a newly-defined work permit category to bring performers to Canada; and
• the ability to hire artists without performing a labour market test, which can take up to 90 days and may therefore disqualify artists for a work permit, since the process often takes longer than their performance season.

 

Background

Previously, employers of performers were required to either:

• undergo the LMIA process, which was challenging due to the full-time employment and prevailing wage requirements; or
• to apply under a discretionary work permit category generally reserved for top international talent.  

 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].