Ivan Demidov: between visa, work permit, processing delays… and Canadian interest!
“The goal by number 93, his first in a Canadiens jersey: IVAN DEMIDOV!”
Like many Montreal Canadiens fans, we felt intense emotions watching the prowess of the team’s new sensation during his first game in the red, white, and blue.
Just a few days after signing his first NHL contract, the Russian sensation was already lacing up his skates at the Bell Centre, scoring his first points, and winning over the Montreal crowd!
However, before stepping onto the ice at the Bell Centre, the young Russian had to navigate the maze of Canadian immigration — a journey often marked by delays and complications.
Here is an overview of the legal procedures for obtaining a work permit as a professional hockey player from Russia.
Occupation: Hockey Player
Foreign professional athletes joining a Canadian sports team must obtain a work permit. The profession of hockey player is considered a remunerated activity carried out in Canada, which requires that the player obtain a work permit before joining their team.
In this specific case, the C20 work permit category most aptly suits the realities of professional sports. This type of work permit is generally quicker and less complex for sports organizations and players to obtain[1].
The C20 work permit is based on the principle of reciprocity: if it can be demonstrated that Canadians can obtain employment opportunities abroad in certain sectors, foreign workers may be allowed similar work opportunities in Canada.
In the case of the National Hockey League (NHL), it is well recognized that Canadian hockey players work internationally. For example, we can think of Sidney Crosby with the Pittsburgh Penguins in the U.S., or Jean-Sébastien Dea who plays in the Kontinental Hockey League (KHL) in Russia.
This mutual recognition helps streamline the process of obtaining work permits for foreign athletes coming to play in Canada, like Ivan Demidov.
The Russian Factor: Visa Requirement
In Ivan Demidov’s case, his Russian nationality adds an extra layer of complexity: he must obtain a visa before even boarding a flight to Canada.
This requirement applies to citizens of several countries, such as Russia, China, and India, where entry to Canada must be authorized in advance.
Nationals of these countries must obtain a visa from Canadian authorities prior to entering Canada. By contrast, French, American, or most European citizens can travel to Canada with a simple Electronic Travel Authorization (eTA), issued in just a few minutes.
Needless to say, this visa requirement causes processing delays and uncertainty, often postponing the arrival of a worker in Canada.
Processing Times: The Canadiens’ Interest
Because Russian nationals must obtain a visa before entering Canada, their applications must be submitted to a visa office abroad. In contrast, visa-exempt nationals can travel directly to Canada and apply for most work permits at the port of entry, where the permit is issued in minutes.
We are not Ivan’s lawyers, but we can speculate that he likely submitted his visa and work permit application at the visa office in Ankara, Turkey, as a visa application can be processed in a country other than the applicant’s country of origin!
The estimated processing time for work permit applications from Russia is currently nearly five months, and almost a year in Turkey! In other words, the young forward could only have joined the team at the start of the next season at the earliest.
Of course, some situations qualify for priority processing, particularly when the worker’s arrival in short order is deemed essential for economic, cultural, or sports-related reasons, or where there is a justified Canadian interest.
In Ivan’s case, it is possible that such expedited processing was granted, allowing him to obtain both his visa and work permit in just a few days.
What about the U.S.?
Obtaining a Canadian work permit does not guarantee Ivan’s entry to the U.S.
As in Canada, Russian citizens must obtain a U.S. visa before entering the country – even for a temporary stay to participate in sporting activities.
The process of obtaining a U.S. visa can take several days or even weeks, depending on where the application is submitted.
With the playoffs approaching – where the Canadiens will face Washington – we’ll soon see whether the Russian forward will face delays in obtaining his U.S. visa.
Me Vincent Dubuc-Cusick and Me Ronald Vincelli
[1] The C20 work permit category allows the employer to avoid the need for a Labour Market Impact Assessment (LMIA), by which it must be demonstrated that there is no Canadian or permanent resident who is available to fill the position.