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Film and Television Work Permits
"Lights! Camera! Action! Work Permit? "
Canada has a booming entertainment industry. Television (TV) and film productions can work in Canada by bringing essential personnel to Canada through the TV and Film and Television Work Permits category under the International Mobility Program.
ESSENTIAL WORKERS FOR PRODUCTION STAGE OF TV & FILM
LMIA Work Permit Exemption
The administrative Labour Market Impact Assessment (LMIA) is an assessment that most employers in Canada need to acquire before legally hiring a foreign worker to work in Canada. Under the International Mobility Program, the LMIA needs to prove that no Canadians or Permanent Residents are available to do the job.
However, in some cases, obtaining an LMIA is "exempt" for certain essential foreign workers in the production stage (filming) of a live-action television or film project being filmed in whole or in part in Canada who may be eligible for film and television work permits.
The occupations that meet the criteria of the LMIA exemption code include but are not limited to are: actors, actresses, directors, Producers, DOPs, stunt persons, and specific production crews, to name a few.
Eligibility
To be eligible for the LMIA exemption to work in Canada under the International Mobility Program, the work must be:
- Essential to a live-action TV or film project in the production stage (filming): Essential positions are those where the physical presence of foreign workers on location in Canada is required to generate the expected benefit.
- High wage: Evidence of high-wage work is meant to establish that Canada will reap a significant economic benefit (for example, tax revenue) from hiring a foreign national and to protect the Canadian labour market from wage suppression.
- Unionized: Proof of unionized work demonstrates that the foreign national's employment is critical to the production occurring in Canada while protecting the direct employment of Canadians.
The exemption is given for the production stage (filming) of live-action television and film projects in Canada, regardless of whether the production is foreign or Canadian and whether it is filmed entirely or partly in Canada.
Not Eligible for exemption
Pre- or post-production work, for example, story-boarding, visual effects, sound editing or film editing. Work that is not specific to production would not be exempt from working in Canada.
This work is not considered essential to the on-location production stage (filming), likely does not have to be performed in Canada, and is beyond the scope of the policy. Pre- or post-production work would typically require an LMIA.
Work that is paid below the median wage. Salaries that tend to skew towards the lower end of the compensation spectrum may not, broadly speaking, support the argument that the work is of significant benefit. This also leads to the suppression of overall salaries in these positions.
Entry Application Package
Although Canada welcomes the film and entertainment industry, you must be professionally prepared to enter and work in Canada.
We assemble the required documents which will prove to Canadian immigration that you are exempt from an LMIA under the International Mobility Program and or that you don't need a work permit because you meet specific criteria.
We always suggest you hire an immigration professional; a refusal at the Canadian border can slow or halt production, costing you and your production team time and money.
HOw Long does it take to get a TV/ Film Work Permit?
Processing times can vary. However, most film and television work permits can be obtained quickly. Many film and work permit applications can be submitted to the Canadian Border Services Agency (CBSA) at the Port-of-Entry (POE) by land or at the airport. If approved, you will be given the permit on-the-spot.
In other cases, you may need to file your film or TV work permit application before arrival. These can take up to 14 plus business days on average.
Wrangling a crew to gather work permit applications and reviewing that the required documents are accurate can be daunting but necessary. Ensuring that applications are filed far in advance helps with getting the permits and visa approved on time, ensuring that your talent is ready to work in Canada for that early morning call and production will start on time.
Associations and Unions, and guilds...Oh, my.
You may need approval from a union, guild or association that will support your request for a work permit. This is usually in the form of a 'letter of support' or a 'non-objection letter.
Letters of support are common, and the union supporting your production is usually accommodating, provided you can explain your project and needs precisely.
It's surprisingly fast to get the required Letter of Support. Your production benefits Canada, and this is the point of the exemption.