DMW-ADVISORY-09-2024 — DOCUMENTATION OF FILIPINOS AS OFWS UNDER CANADA'S IMMIGRATION PROGRAMS/SYSTEMS

Republic of the Philippines MepartmentofAiarant Morkers

Blas F.Ople Building,Ortigas Avenue cor.EDSA,Mandaluyong City 1550 Websitewww.dmw.gov.pn Emafeeaback@amw.gov.phHotines8722-1144.8722-1159.8724-3665.8722-1163 BAGONG PILIPINAS

ADVISORY NO. 0 9

Series of 2024

Documentation of Filipinos as OFWs under Canada's Immigration Programs/Systems

to permanent residency thereat, the public is hereby advised as follows: Recognizing the various immigration programs/systems of Canada which serve as pathways

1.Definition of Overseas Filipino Worker(OFW-Republic Act 11641,Section 3.g refers to a Filipino who is to be engaged,is engaged, or has been engaged in remunerated activity in a country of which he or she is not an immigrant,citizen,or permanent resident or is not awaiting naturalization,recognition, or admission, whether land-based or sea based regardless of status;excluding a Filipino engaged under a government-recognized exchange visitor program for cultural and educational purposes.

regardless of status, and includes Overseas Contract Workers.The term "OFW"is For purposes of this Advisory,a person engaged in remunerated activity covers a person who has been contracted for overseas employment but has yet to leave the Philippines Synonymous to "Migrant Worker."

2. Filipinos bound for Canada under the following programs are considered OFWs and shall undergo contract verification and documentary processing by the DMW

a Hired through Atlantic Immigration Pilot (AIP) covered by POEA Advisory No

169.Series of 2020 - This immigration system otherwise known as the Atlantic Immigration Program aims to help emplovers hire qualified candidates for iobs they

by the Department as OFWs either through direct hires processing or through a Program are required to undergo contract verification and documentary processing haven't been able to fill locally. Accordingly,Filipinos bound for Canada under this Philippine Recruitment Agency as their case may be.

b. Holders of Canada's Open Work Permit under the International Mobility

Program covered by P0EA Advisory No.159Series of 2020-Filipinos who are holders of an open work permit with exemption from Labor Market Impact such time their application for permanent residency has been approved by the Assessment (LMIA are required to undergo contract verification and documentary processing as OFWs by the Department upon their initial entry in Canada and until relevant authority of the said country.as follows:

b.1 Bridging Open Work Permit (exemption code A75) under which the work of their employment and settle while transitioning to permanent residence. certain foreign nationals,who are already working in Canada and are able to maintain

DEPARTMENT OF MIGRANT WORKERS

Administrative Servict

RECEIVEI General Services Divisio

Date:April 12,2024Time8:35 AM By CHESTER VEJERANO ByDMW General Services Division on April 12,2024 CONTROLLED AND DISSEMINATED

b.2 Post Graduate Work Permit Program PGWP) with exemption code C43 documentary processing if they are in possession of a valid employment contract/offer while they are waiting for a decision on their PGWP application. allows students who have graduated from eligible Canadian designated learning institutions to obtain an open work permit to gain Canadian work experience Filipinos under this Work Permit Program are required to undergo the DMW

b.3 Participants to the Home Child Care Provider Pilot (HCCPP) and Home Support Worker Pilot (HSWP) Programs (administrative code C90) both for Category documentary processing as an OFW will be coursed through a licensed Philippine Recruitment Agency. A (gaining experience and Category B(direct to permanent residence who are still in transition from being temporary workers into permanent residents and are in possession of an employment contract/offer. Accordingly,their

b.4 Open Work Permit for Vulnerable Workers exemption Code A72)-These migrant workers in Canada are on a valid employer-specific work permits and only be required to undergo the DMW's documentary processing if they are already in possession of a valid/existing employment contract. are experiencing abuse,or who are at risk of abuse, in the context of their employment in Canada and are allowed to look for another employer. They will

b.5 Religious work exemption code C50)-holders of employer specific work such as clerical,accounting,administrative,etc.as evidenced by an employment contract/offer are required to undergo the DMW's documentary processing even if the employer is a religious institution. permits and are engaged in remunerated activities that are not religious in nature

3. Filipinos bound for Canada under the following categories are not deemed OFWs and need not pass documentary processing through the DMW.Filipinos in categories by the Bureau of Immigration's Guidelines on Departure Formalities for International below are not covered by the definition provided by RA 11641 as OFWs may be covered Bound Passengers in All Airports and Seaports in the Country,in view of the absence of

an employment contract or employer upon their initial entry in Canada

a.Spouses or common law partners of principal foreign nationals (exemption code C41) who are or will be employed in high-skilled occupations.

b.Spouses or common law partners of principal foreign nationals (exemption code C42) who hold valid study permits and are enrolled full time in post-graduation work permit eligible studies.

C Permanent residence applicants in the spouse or common-law partner in Canada class

(exemption code A70)

from DMW documentary processing. The said exemption shall remain in effect only within the validity of their permits and will cease once they have found employment in Canada. For clarity, the temporary stay in Canada alongside the presence of a remunerated activity or employment shall henceforth classify them as OFWs. The above cited Filipinos are not required to be in possession of OECs and are exempted

By:DMW General Services Division on April 12,2024 CONTROLLEDAND DISSEMINATEI

In case the said open work permit holders are still unemployed in Canada upon their return to the Philippines,an Affidavit of Support or any document consistent with the requirements by the Bureau of Immigration must be presented.

For the information and guidance of all concerned.

Undersectetary and Officer-in-Charge HANS LEOJ.CACDAC

Apri 2024

Afb/mwpd/esd

By:DMW General Services Division on April 12,2024 CONTROLLED AND DISSEMINATED