WORKING IN CANADA

WORK PERMIT PROCESS

WORK PERMIT

A work permit allows a foreign national to work in Canada on a temporary basis. Canada provides over 100 options for foreign workers, which are categorized under two main programs: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). The difference between the two programs is the TFWP requires a labour market test, known as the Labour Market Impact Assessment (LMIA). 

Navigating Canada’s work permit options can be challenging, but Ravadid Immigration Services is here to simplify the process for you. Please complete our assessment form if you wish to schedule a free telephone consultation with our work permit team.

Work Permit

A work permit is a valuable document that allows foreign nationals to work in Canada temporarily. Eligibility for a work permit is determined by various factors, including:

  • Job Offer: Applicants must have a valid job offer from a Canadian employer.
  • Labour Market Impact Assessment (LMIA): In some cases, the employer may need to obtain a positive LMIA to demonstrate the need for a foreign worker.
  • Qualifications: Applicants must possess the skills, experience, and qualifications necessary for the job.
  • Compliance: Both the employer and the foreign worker must comply with all relevant immigration and employment regulations.
  • Duration: Work permits are typically issued for a specific period, often tied to the length of the job offer.
  • Spouses and Dependents: Accompanying family members may be eligible for open work permits or study permits.
  • Post-Graduation Work Permit (PGWP): International students who have completed a program of study at a designated learning institution in Canada may be eligible for a PGWP.
  • International Agreements: Foreign nationals from countries with which Canada has international agreements, such as NAFTA, may be eligible for work permits under these agreements.
  • It’s important to note that eligibility criteria may vary depending on the specific circumstances and the type of work permit being applied for. Consulting with an immigration professional can help determine the best pathway for your individual situation.
TYPES OF CANADIAN WORK PERMITS
  • Open Work Permit: Allows you to work for any employer in Canada, except for those who are listed as ineligible on the list of employers who have failed to comply with the conditions.
  • Employer-specific Work Permit: Allows you to work according to the conditions on your work permit, which include the name of the employer you can work for, the location where you can work, how long you can work, and if applicable, the type of work you can do.
  • Post-Graduation Work Permit (PGWP): Allows international students who have graduated from eligible Canadian institutions to work in Canada for up to three years after graduation.
  • LMIA-Exempt Work Permit: Some work permits are exempt from the Labour Market Impact Assessment (LMIA) process, such as those covered under international agreements like NAFTA, intra-company transferees, or individuals nominated through provincial nominee programs.
  • International Experience Canada (IEC) Work Permit: Allows youth (18-35 years old) from partner countries to work in Canada for up to two years.
  • Bridging Open Work Permit: Allows individuals with a pending application for permanent residence to continue working in Canada while their application is being processed.
  • Seasonal Agricultural Worker Program (SAWP) Work Permit: Allows foreign agricultural workers to work in Canada for a specific period to fill temporary labor shortages.
  • Caregiver Work Permit: Allows individuals to work in Canada as caregivers for children, elderly persons, or people with disabilities.
HOW TO OBTAIN A CANADIAN WORK PERMIT

The process for acquiring a work permit in Canada varies depending on the type of permit sought. For instance, international students studying in Canada often receive automatic authorization to work part-time as part of their study permit.

Closed work permit applications typically require a job offer from a Canadian employer supported by a Labour Market Impact Assessment (LMIA). Even those exempt from an LMIA or a work permit must prepare specific documentation for entry to Canada. There are two main pathways for obtaining a Canadian work permit: closed (restricted) and open.

Closed permits are employer-specific, meaning the holder must work for the same employer at the same location unless they change their permit.

AM I ELIGIBLE TO APPLY FOR A WORK PERMIT IF I HAVE A JOB OFFER?

Simply having a job offer in Canada does not guarantee eligibility to apply for a work permit. The offer must meet specific requirements to be valid for certain work permit applications. Generally, to qualify for a work permit, the job offer must be either:

  1. Supported by a positive Labour Market Impact Assessment (LMIA); or
  2. Exempt from requiring an LMIA.

It’s worth noting that Quebec follows its own procedure for evaluating the legitimacy of a job offer within the province.

WHICH DOCUMENTS ARE REQUIRED TO APPLY FOR A CANADIAN WORK PERMIT?

The documents required for a work permit in Canada will depend on the type of permit you are applying for. Applicants may need to provide the following documents as part of their work permit application:

  • Completed application forms
  • Proof of status in Canada (if applicable)
  • Family member’s proof of status (if applicable)
  • Labour Market Impact Assessment (if applicable)
  • Written offer of employment (if applicable)
  • CV/ résumé
  • Marriage certificate (if applicable)
  • Certificat d’acceptation du Québec (CAQ) (if applicable)
  • Proof that you meet the job requirements
  • Valid copy of your passport
  • Copy of education credential
  • Medical exam results (if requested)
  • Evidence of financial means to stay in Canada and return to home country
  • Proof of payment for applicable government fees
  • Recent passport-sized photos
LABOUR MARKET IMPACT ASSESSMENT (LMIA)

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) to evaluate the impact of hiring a foreign national in Canada. A positive LMIA indicates that no Canadian citizen or permanent resident is available to fill a position, allowing an employer to hire a foreign national. Conversely, a negative LMIA suggests that the position should be filled by a Canadian citizen or permanent resident.

LMIA Application: Employers can apply for an LMIA up to 6 months before the intended start date of the position. Application procedures vary based on the wage of the position. Employers should refer to the median hourly wages of their province or territory to determine if the position is categorized as high-wage or low-wage, as low-wage positions have additional criteria. There are also specialized streams for employers seeking LMIAs for specific areas of employment.

Job Offer: A valid job offer from a Canadian employer, including details about the position, wages, and working conditions.

Labour Market Impact Assessment Form: The employer must complete and submit the appropriate LMIA application form, providing detailed information about the job offer and the impact on the Canadian labour market.

Recruitment Efforts: Evidence that the employer has made efforts to hire Canadian citizens or permanent residents for the position, such as advertising the job locally.

Wages and Working Conditions: Information about the wages and working conditions offered to the foreign worker, including how they compare to the prevailing wage rates for similar positions in the region.

Impact on the Canadian Labour Market: A detailed explanation of how hiring a foreign worker will benefit or not negatively impact the Canadian labour market.

Compliance with Laws: Confirmation that the employer is compliant with all relevant laws and regulations, including those related to employment standards, occupational health and safety, and immigration.

LMIA Processing Fee: Payment of the required processing fee for the LMIA application.

It’s important to note that the specific requirements can vary based on factors such as the type of job offer, the wage being offered, and the province or territory where the job is located. Employers should consult the most up-to-date information from Employment and Social Development Canada (ESDC) or seek advice from an immigration professional to ensure they meet all the necessary requirements for their LMIA application.

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HIRING FOREIGN WORKERS

FOR EMPLOYERS

Canadian employers may look to hire foreign nationals for various reasons. They might be unable to find a Canadian with the required skills, or they may want to support a foreign national seeking permanent residence in Canada. Regardless of the motivation, Canadian employers have several options for hiring foreign nationals.

All foreign nationals require the appropriate authorization to legally work in Canada. There are a few options for securing the authorization to work: obtaining a work permit, qualifying for a work permit exemption, or becoming a Canadian permanent resident.

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