WORK IN CANADA - GET A WORK VISA IN CANADA

Canadian employers wishing to employ a foreign worker in Canada must first obtain authorization from Employment and Social Development Canada (ESDC), in other words a Labor Market Impact Assessment (LMIA). Canadian employers must demonstrate that hiring a foreign worker will not have a negative impact on the Canadian labor market in most cases, and that there are currently no Canadian citizens or permanent residents available to fill the position. To do this, it is generally sufficient to advertise the position on several sites, which demonstrates that no Canadian is able to occupy it. An LMIA is a very rigorous and comprehensive process that is subject to government scrutiny and therefore must be completed without error.

Two Canadian federal departments are responsible for work permits. If a Labor Market Impact Assessment is required, Employment and Social Development Canada will review the LMIA application and decide whether or not to approve the application.

The process of obtaining a work permit is managed by the Department of Immigration, Refugees and Citizenship (IRCC). Once the MRIA has been approved, you submit a work permit application to IRCC. If an LMIA is not required, you must also apply for a work permit from IRCC. The work permit gives you legal permission to work in Canada for a temporary period.

There are general requirements that all applicants must meet, and specific requirements that they must meet depending on the type of work permit they are applying for. For example, if you are applying for a work permit under a stream that requires an LMIA, you must submit the following documents to IRCC as part of your work permit application:

• a job offer letter
• a work contract
• a copy of the LMIA
• LMIA number

In general, all applicants must demonstrate that they will leave Canada when their work permit expires, that they have enough money to support themselves in Canada, that they do not pose a risk to public health and safety and that they will not work for ineligible employers or in ineligible occupations.

Processing times vary depending on a number of factors, such as whether or not a Labor Market Impact Assessment is required, the type of work permit applied for and the country in which the worker is moving to. currently find.

If your work permit is about to expire or if you need to make changes to the terms of your work permit, you must submit a new application at least 30 days before your work permit expires. You are not allowed to extend your work permit beyond the expiry date of your passport.

An open work permit is a permit that allows a foreign worker to work for any employer in Canada. Open work permits do not require foreign nationals to obtain a Labor Market Impact Assessment or a job offer when applying for a work permit to Immigration, Refugees and Citizenship Canada.

Closed work permits require a foreign worker to work only for the employer who has obtained a positive LMIA and made a job offer to them. If a foreign worker no longer intends to work for this employer, they must apply for a change in the conditions of their work permit if they wish to continue working legally in Canada.

The Post-Graduation Work Permit is available to international students who have completed a qualifying program of at least eight months of full-time study at a Designated Learning Institution (DLI). The purpose of the post-graduation work permit is to allow international students to gain work experience that they can then use to become eligible for a Canadian immigration program.

If you meet the eligibility criteria for the post-graduation work permit, you can submit your application to Immigration, Refugees and Citizenship Canada (IRCC). The ultimate duration of your post-graduation work permit depends on the length of your studies in Canada.

The maximum duration of a post-graduation work permit is 3 years. Generally, you can only get a post-graduation work permit once. When your post-graduation work permit expires, you must either obtain Canadian permanent resident status, obtain another temporary permit, or leave Canada.

Your spouse or common-law partner can apply for a work permit provided they meet the eligibility criteria for a required or LMIA-exempt work permit. One of the options available to Canadian citizens and permanent residents is the spousal open work permit.

The Spousal Open Work Permit allows eligible individuals living in Canada to obtain a temporary work permit while their spousal sponsorship application is being processed by Immigration, Refugees and Citizenship Canada (IRCC). This work permit allows the person awaiting sponsorship to work for any employer in Canada.

Yes, you can apply for a work permit alone or in combination with an application for permanent residence. Immigration, Refugees and Citizenship Canada (IRCC) recognizes the concept of “dual intent”.

No, there are no limits. Each work permit has a validity period. Some work permits have no limits on the number of times they can be extended, while work permits such as the post-graduation work permit can only be obtained once. If you have a work permit that cannot be extended, you can apply for a work permit in another category for which you qualify.

H3: Will my work permit have any conditions?

Your work permit will contain conditions, including those that will be written on the work permit itself.

If you have a closed work permit required by the LMIA, for example, the conditions will include the type of work you can do, the employer you can work for, where you can work and the duration of your work.

There are other standard conditions that apply to all foreign workers, such as the requirement to leave Canada at the end of your stay.

Yes, assuming your work permit remains valid, you can apply for an extension while living in Canada.

IRCC strongly encourages you to apply for your work permit before you travel to Canada, but some foreign workers may apply for one upon arrival.

Individuals wishing to apply for a work permit at a Canadian port of entry (POE) must meet the following conditions:

• be eligible for an Electronic Travel Authorization (eTA) or be able to travel to Canada without a visitor’s visa
• meet all other requirements for the work permit stream you are applying for

According to IRCC, a job offer letter is provided to you by an employer in Canada and explains the details of your employment. It is less detailed than a contract and is not comparable to a “job offer letter”. Rather, it describes your pay, duties and terms of employment. You must include a copy of your job offer letter if you need to request a Labor Market Impact Assessment (LMIA). If an employer does not need an LMIA to hire you, they must submit their job offer on the Government of Canada Employer Portal. After submission, the portal will generate a job offer number which the foreign worker will need to apply for their work permit.

Some foreign workers must pass a medical examination if they wish to take up employment requiring the protection of public health. Health services, childcare, or primary or secondary education are examples of such jobs. In addition, you may need to pass a medical examination if you intend to work in the agricultural sector and if you have lived in a designated country or territory, or if you want to work in Canada for more than six months and you have resided in a designated country or territory for six consecutive months in the year preceding the date you plan to move to Canada. The list of designated countries and territories can be found on the Canadian government website.

Workers and employers usually have to pay a fee for the Canadian government to process work permits. IRCC lists its fees on its website.

Workers with a work permit required under the EIDM must pay the work permit processing fee.

Workers with an LMIA-exempt work permit must pay the open work permit holder fee and the work permit processing fee at the same time.

Employers who require an LMIA must pay an LMIA application processing fee. Employers who do not require an LMIA must still pay an employer compliance fee when submitting their job offer on the Government of Canada Employer Portal.

IRCC will provide you with a “Point of Entry” (POE) letter if you have been approved for a work permit. This letter is also called a “letter of correspondence”, “letter of introduction” or “letter of presentation”. This letter is not your work permit, but it is important since you must show it to Canadian border officials when you arrive in the country.

Your POE letter will contain a section titled “Permit Validity” which will tell you how long it is valid for. If the validity date expires, you must submit a new application.

The validity period for International Experience Canada (IEC) participants only is usually 12 months. If you have had a medical exam, your POE letter will be valid until the expiry date of your medical exam or for 12 months (whichever is earlier).

Yes, you can. Remember that your work permit is not a travel document and therefore does not give you the right to travel to Canada. Rather, it gives you the right to work in Canada. In addition to your valid work permit, you must obtain a temporary resident visa or an electronic travel authorization (eTA).

Full-time students do not need a work permit if enrolled full-time. The study permit will automatically authorize its holder to work off-campus for up to 20 hours per week during the academic session, and full-time during scheduled breaks, without the need to apply for a separate work permit. A study permit holder must complete six months or more of academic, vocational, or technical training leading to a degree, diploma, or certificate at a Designated Learning Institution (DLE).

To work in Canada, international students must be enrolled in a designated learning institution and obtain a Social Insurance Number (SIN) from Service Canada. In addition, they must continue to meet the conditions of their study permit to remain eligible to work off-campus.

International students taking general interest or preparatory courses, or studying English or French as a second language (ESL/FSL), will not be eligible to work in Canada while studying. It is the responsibility of the individual and their employer to ensure that they are admissible before starting to work in Canada. International students who start working in Canada without meeting the eligibility requirements may be subject to enforcement action under the Immigration and Refugee Protection Regulations.

Generally, work permits apply to a specific employer. If a person changes employers, they must apply for a new work permit. Only workers admitted to Canada with an open work permit can change employers without reapplying. Open work permits are an exception and may be granted to spouses/common-law partners of certain work permit holders, spouses/common-law partners of international students in Canada, refugee claimants, family members sponsored in the country and indigent students in Canada.