WWW Canadavisa Com Canadian Temporary Work Visa HTML
WWW Canadavisa Com Canadian Temporary Work Visa HTML
WWW Canadavisa Com Canadian Temporary Work Visa HTML
How to Get a Work Permit in Canada
Last updated: 21 February 2023
Navigating Canada's work permit options can be difficult but the Cohen
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Table of Contents
Overview
Step 1: Employer applies for a Labour Market Impact Assessment, if
necessary
Step 2: Employer extends Temporary Job Offer
Step 3: Foreign Worker applies for Work Permit
Step 4: Work Permit is issued
Contact the Cohen Immigration Law Firm
Overview
For Canadian immigration purposes the definition of "work" is very broad
and is defined as an activity for which wages are paid or commission is
earned, or that competes directly with activities of Canadian citizens or
permanent residents in the Canadian labour market, no matter the duration
of the intended activity. Generally speaking, a Labour Market Impact
Assessment (LMIA) is required, indicating that the proposed employment
will not adversely affect Canadian workers. In most cases a job offer from a
Canadian employer is required to apply for a Canadian Work Permit. In
limited situations, Canadian immigration regulations allow for Open Work
Permits, which are not employerspecific. A work permit is always
temporary in nature, but can often be extended from inside Canada. Below
is a guide on how you can pursue a Canadian temporary work permit.
What is an LMIA?
The name of the labour market test is called a Labour Market Impact
Assessment (LMIA). The federal government department that oversees the
LMIA process is called Employment and Social Development Canada
(ESDC). A positive or neutral LMIA is issued by ESDC when it is satisfied
that there is no Canadian citizen or permanent resident available to do the
job. A negative LMIA is issued when it believes there are domestic workers
available to do the job and hiring a foreign national will harm workers in
Canada.
Typically, employers in Canada that wish to hire a foreign national are
required to get a positive or neutral LMIA from ESDC. Once this is granted,
the foreign national can then go to the federal department of Immigration,
Refugees and Citizenship Canada (IRCC) to get their work permit. Once
they get their work permit, they can go ahead and move to Canada to begin
working for the employer.
Further, if the Canadian employer is hiring for a position located in the
province of Quebec, the foreign worker will need to obtain a Certificat
d'acceptation du Québec (CAQ) in order to work temporarily in Quebec.
The CAQ application will have to be submitted to Quebec’s Ministère de
l'Immigration, Francisation et de l'Intégration (MIFI) at the same time as the
LMIA is submitted to ESDC.
ESDC and MIFI have made available to employers a streamlined LMIA
process to fill selected positions in Quebec without having to include proof
of recruitment efforts.
When is an LMIA not required?
In a limited number of situations foreign workers may obtain a work permit
without the need for a LMIA. These work permits are typically referred to as
LMIA Exempt Work Permits and include the following:
International agreements, such as the North American Free Trade
Agreement (NAFTA), Comprehensive Economic and Trade
Agreement (CETA), or Comprehensive and Progressive Agreement
for TransPacific Partnership (CPTPP);
Canadian interest:
As a result of significant economic, social or cultural benefits to
Canadians;
As a result of reciprocal agreements Canada and its
provinces/territories have entered into with other countries,
such as youth and teacher exchange programs;
To allow international students studying in Canada to fulfill
academic requirements known as coop placements;
To allow the accompanying spouses/commonlaw partners of
certain work permit and Study Permit holders residing in
Canada to work in Canada;
To allow for charitable or religious work;
In recognition that certain persons in Canada for reasons other than
the abovementioned, such as the making of a refugee claim, need to
support themselves;
Certain permanent residence applicants in Canada;
Certain migrant workers and their dependents in Canada on
employerspecific work permits who are experiencing abuse, or who
are at risk of abuse.
A temporary work permit may be issued for a period of time ranging from a
few days to a few years.
Most Canadian work permits are employer specific, otherwise referred to as
“closed” work permits, and are granted for a specific job in Canada.
Consequently, a foreign worker may only work for the employer specified on
the work permit. As such, if the foreign worker finds a different employment
and does not yet have permanent resident status, the foreign worker must
apply for and receive a new work permit prior to changing employers or
their position in Canada.
Note that a Canadian Temporary Work Permit is for those foreign workers
who plan on working in Canada for a finite period of time. To work and live
in Canada on a permanent basis, foreign workers must undertake the
Canadian permanent residence process. However, a temporary work
permit may be a stepping stone to Canadian permanent residence. Once in
Canada on a temporary work permit, a foreign worker may qualify for
Canadian permanent residence under the Canadian Experience Class
(CEC), through a Skilled Worker category, or through one of the Provincial
Nominee Programs.
Please contact us to schedule a free telephone consultation with one of our
lawyers.
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