WHAT IS A CANADIAN WORK PERMIT?

A Canadian work permit grants authorization for foreign nationals to engage in employment within Canada. Typically, individuals from foreign countries must secure a work permit to work in Canada, although there are exceptions. Approximately 200,000 new foreign workers immigrate to Canada each year.

Working in Canada is an appealing prospect for skilled foreign workers from around the globe. Annually, nearly 200,000 skilled foreign workers arrive in Canada on temporary Canadian work permits. There's no reason why you can't be one of them!

To work temporarily in Canada, foreign skilled workers must possess a job offer from a Canadian employer and obtain a Temporary Foreign Worker Permit from Human Resources and Skills Development Canada. If you or a family member is applying for a Permanent Resident (PR) card, you can also apply for an 'Open Work' permit. American or Mexican citizens can expedite the work visa process through the NAFTA agreement.

Our processing team comprises several attorneys and Canada work visa consultants well-versed in work permit requirements and specific circumstances. Contact us for a consultation, and we can address any inquiries you may have regarding work permits.

Open Work permits are issued for various worker categories, including temporary, marketing, and permanent workers. Several avenues exist for applying for a work permit, with distinct eligibility criteria for immigrants, individuals residing in Canada, and those at the time of entry.

If you're contemplating emigrating from your current country to Canada, Mckay Immigration is here to provide assistance. We welcome skilled worker immigrants, qualified workers, business investors, and students seeking temporary and permanent resident visas. Recognizing the unique needs of each client, we approach every case professionally and with empathy.

Lately, many people have been asking us questions like, "How can I convert a visitor visa into a work visa?" or "How do I change my immigration status in Canada?" or "Can I apply for a work permit from within Canada?" A more straightforward way is to connect with experienced experts at a dedicated and reputable Canadian immigration consulting company.

Mckay can guide you through every step, from document submission to applying for an open work permit in Canada. Our experts will navigate the process with you and assist in meeting the eligibility criteria for obtaining a work visa permit.

THERE ARE FOUR FUNDAMENTAL STEPS TO SECURING A TEMPORARY CANADIAN WORK VISA:

Mckay can guide you through every step, from document submission to applying for an open work permit in Canada. Our experts will navigate the process with you and assist in meeting the eligibility criteria for obtaining a work visa permit.

• Employer applies for a Labor Market Impact Assessment (LMIA) if necessary.
• Employer extends a temporary job offer to foreign workers.
• Foreign skilled worker applies for a work permit.
• Work permit is granted.

STEP 1: LABOR MARKET IMPACT ASSESSMENTS (LMIA), FORMERLY LMOs

Before pursuing a temporary Canadian Work Visa, most individuals must meet Labor Market Impact Assessment (LMIA) requirements, previously known as LMOs, administered by Service Canada. A temporary tourist visa does not confer work eligibility in Canada.

DIFFERENCES BETWEEN LMOS AND LMIAS

While the LMIA process shares similarities with LMOs, several notable distinctions exist:

• For high-wage positions, applications now involve more comprehensive forms.
• Employers must create a 'transition plan' detailing permanent job filling intentions.
• Employers are mandated to maintain detailed records during a foreign worker's stay in Canada.
• Individual LMIA decisions will be expedited, with 10 business days for foreign workers in skilled trades, high-paid employees in the top 10% of Canadian earnings, and those immigrating for 120 days or less.
• A potential time limit may be imposed for high-wage Canadian temporary work permits, although it remains unannounced.

FOR LOW-WAGE LMIAS

The procedures and criteria for Low-Wage LMIAs differ from High-Wage LMIAs in several ways:

• LMIAs for low-wage jobs allow employers to hire foreign workers for one year at a time.
• Organizations with over ten employees can employ low-wage foreign workers, comprising no more than 10% of the workforce.
• Transitional measures apply to employers with non-compliant workforces.
• Canadian companies in accommodation, food service, and retail trade sectors can no longer apply for LMIAs for ten lower-skill occupations. Similar to high-wage LMIA applications, Canadian companies must meet higher application fees, complete lengthier forms, and maintain comprehensive records of their recruitment practices.

EXEMPTIONS FROM APPLYING FOR AN LMIA

As with the former LMOs, some temporary work permits in Canada are LMIA exempt. The following categories allow Canadian employers to recruit Temporary Foreign Workers (TFWs) without an LMIA:

• Skilled Workers under the NAFTA agreement
• Intra-Company Transferees
• International Experience Canada participants (Working Holiday Permit holders)
• Post-Graduate temporary work permit holders
• Bridging Open Work Permit holders
• Participants in private academic exchanges like postdoctoral fellows and visiting professors
• As of summer 2015, employers hiring through specific International Mobility Programs must obtain job offer approval from a Canadian visa office before hired employees can request a Canadian temporary work permit. The application fee for job offer approval is $230.

STEP 2: EMPLOYER EXTENDS TEMPORARY JOB OFFER

Employers must provide the foreign skilled worker with a copy of the positive LMIA, accompanied by a detailed 'job offer letter.' Canadian companies are obligated to create a formal employment contract, commonly known as the 'Job Offer Letter,' which should include:

• Job title
• Job description
• Temporary position requirements
• Start and end dates
• Salary specifics
• Employer's name and address
• The Canada Service Agency validates the legitimacy of the job offer. Once the Canadian immigration department confirms the job offer with an LMIA, the CIC grants employment authorization for the company's future employees to work in Canada.

STEP 3: FOREIGN SKILLED WORKER APPLIES FOR A WORK PERMIT

After securing the LMIA and 'Job Offer Letter,' foreign skilled workers can apply for a Canadian Temporary Work Permit. If the hiring employer is based in Quebec, obtaining a Certificat d'acceptation du Québec (CAQ) may also be necessary to work temporarily in Quebec. In some instances, applying for a temporary foreign worker permit may require an interview with a visa officer. If the visa officer is satisfied that the foreign worker's employment won't negatively impact Canadian employment opportunities and that the foreign worker meets the position's qualifications, a Canada Work Permit is issued. Note: Some applicants from specific countries may be subject to medical examinations.

STEP 4: RECEIVING A CANADIAN TEMPORARY WORK PERMIT

Upon the foreign skilled worker's arrival in Canada, a Canada Border Services Agency (CBSA) officer issues the Canadian Temporary Work Permit at the point of entry. Depending on the foreign worker's citizenship, they may also need a Temporary Resident Visa (TRV) to enter Canada. There are additional minor steps and processes involved in obtaining a work visa.

Starting December 15, 2012, Citizenship and Immigration Canada allowed permanent resident applicants to obtain work permits while awaiting application processing. This enables permanent resident applicants to work while awaiting application decisions.

ELIGIBILITY FOR THE BRIDGING WORK PERMIT

The Bridging Work Permit is available to the following categories:

• Federal Skilled Worker Applicants
• Canadian Experience Class Applicants
• Federal Skilled Trades Program Applicants
• Provincial Nominees

REQUIREMENTS

To be eligible, individuals must belong to one of the above categories