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WORK PERMITS FOR CANADA

Work Permits
Each year many Canadian companies fill their skill shortage with temporary workers and some of the workers are as live-in caregiver. Every year over 150,000 foreign workers come to Canada to work temporarily. Some occupation does not require a work permit or HRSDC approval. Some temporary workers can work in Canada using a Temporary Resident Visa (TRV).

There are some specific local instructions for some visa offices about the documents you must submit along with your application. Contact us to inform you about the required documents and procedures you must follow.

Work permit is for people who wish to work in Canada temporarily and are not Canadian citizens and permanent residents. Individual and persons travelling as a family has to complete and signed forms. Those who are under the 18 years of age, their forms should be signed by a parent or guardian. When the application is accepted the work permit is issued. Work Permits are always temporarily, but also can often be extended from inside Canada.

Work permits for students
For students it is possible to work in Canada while you are studying, and there are opportunities for jobs on and off campus. You will need to apply for: working on campus, working off campus, co-op and internship programs, working after graduation, work available to your spouse or common-law partner.

Getting a Job Offer in Canada
A Canadian employer who offers you a job in order to hire you must apply for a Labour Market Opinion (LMO). This LMO is an approval letter from HRSDC (Human Resources and Skilled Development Canada) which authorize a Canadian employer to hire a foreign worker and it indicates that a proposed employment will not adversely affect Canadian workers. In certain occupation an LMO is not required.

Labour Market Opinion Processing Time
employer must complete the appropriate LMO application and nothing should be incorrect which may cause delays in processing. To obtain an LMO there are no government fee for the employer. The employer should also include the National Occupation Classification matrix. The processing time for to get a Labour Market Opinion depends on the province of employment and the type of employment and vary from a few weeks to six months.

Applying for a Work Permit
When the employer has received a positive Labour Market Opinion, a copy will be sent to the employee. S/he has to apply for a visa that will allow him/her to work in Canada. The prospective employees can bring their families under the work permit visa. This work permits is only for temporary working in Canada.

Police Clearances and Medical Report
the prospective employee must obtain and submit police clearances from all countries where he/she has resided in for more than six-months since turning 18. Medical exams should be done through authorized physicians by the Canadian foreign mission that is able to perform medical exams. All applicants who are married and have children must also have their spouses and children go for medical exams and police clearances (if applicable).

Before a Canada Work Permit can be issued, the Canadian employer who wishes to hire temporary foreign workers may need to apply for and be granted a positive Labour Market Opinion (LMO) by HRSDC. HRSDC will grant a positive LMO if they are satisfied that there is no Canadian worker available to do the job.

Work Permits may be issued by Canadian immigration officials without the LMO requirement in a limited number of situations, as follows:
 

  • Under international agreements, such as the North American Free Trade Agreement (NAFTA);
  • Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;
  • As part of reciprocal agreements Canada and its provinces/territories have entered into with other countries, such as youth and teacher exchange programs;
  • So that international students studying in Canada can fulfill academic requirements, known as co-op placements;
  • To allow the spouses/common-law partners of Work Permit and certain Study Permitholders in Canada to work in Canada;
  • Because the nature of the work is charitable or religious;
  • In recognition that certain persons in Canada for reasons other than the above-mentioned, such as the making of a refugee claim, need to support themselves.

Note: A temporary work permit visa may be a step forward to get the Canadian permanent residency. Once you are here on a temporary work permit, you may be qualifying for the Canadian permanent residency under the Canadian experience class (CEC). It can be through a skilled worker category or the provincial nominee program (PNP).

Open work permit
An open work permit allows you to work for any employer for the time period specified on the work permit. Once you receive your first stage approval (approval in principle) of your application, it can only be granted for your permanent residency.

If you send your open work permit application along with your permanent residence application and you continue working for the employer who mentioned on your current work permit while the application is being processed, then you will not need to extend your work permit, even if it expires during the processing of your application for permanent residence.

If you want to change your employer after sending your application, you will need to submit a new application for a work permit along with a new positive Labour Market Opinion issued by HRSDC or Service Canada to your employer and pay the appropriate fees.

Your job is extended or changes
If your job is extended or changes, before your work permit expires you must apply to extend or change the conditions of your existing work permit.You are offered a different job in Canada. If you are offered a different job in Canada, do not start your new job without a new work permit. You must apply for a new work permit. You want to live and work in Canada permanently. A work permit allows you to work in Canada temporarily. You must qualify under one of the permanent resident categories (such as skilled worker category), if you want to stay in Canada permanently. You leave Canada and then want to re‑enter. After you work in Canada if you leave the country and then want to come back, you must have a valid passport or travel document and a valid work permit. You must have a valid entry visa to return to Canada, if you are a citizen of a country that requires a temporary resident visa to travel to Canada, unless you are returning to Canada from the United States, Greenland or Saint-Pierre et Miquelon and the period initially authorized for your entry or any extension to it, as a visitor, student or worker has not expired.

Work Permit Renewal and Extension
Each work permit is issued with specific terms and conditions.

A work permit has a validity date which beyond that the foreign worker is no longer authorized to work in Canada. However, an employer can extend the term of employment beyond the original work permit. The foreign worker can apply from within Canada to extend or change the terms of the original work permit. The foreign worker should file the extension before the original permit expires. If the original work permit needs to be approved by Labour Market Opinion (LMO), then the employer must extend the LMO before the foreign worker can extend the work permit. A temporary Social Insurance Number (SIN) will be issued to a foreign worker that expires when the work permit expires.

It is important that earlier both the employer and employee consider whether the position is going to be extended or not. It considers as an offence for the foreign national to work in Canada without authorization and also for Canadian employer to employ a foreign national who does not have valid authorization to work in Canada.

In Canada it takes several weeks and sometimes a couple of months to receive the work permit extension. A foreign national can continue working on the same terms and conditions which is listed in the original work permit As long as the work permit extension has been filed before it expires, in this case the foreign national will have “Implied Status”.

The foreign workers under the Implied Status should be careful if they travel outside Canada before the extension has been issued.

If the foreign worker receives a job offer from a different employer, the new employer should apply for its own Labour Market Opinion. If the work is LMO-exempt, then the foreign worker can apply as long as the original work permit is still valid. The foreign worker can change the terms and conditions to the new employer, position, and/or location.

If your work permit expires before you submit an application to extend it, you can restore your status within 90 days from the expiration date of your work permit. If not, you will be without status and have to leave Canada.

It is important to consider the options for gaining permanent resident status while working in Canada. Once the foreign worker gains Permanent Resident status, there is no longer restriction on work, study or the length of time the foreign national can remain in Canada.

Our company’s Work Permit Service can take care of the entire Work Permit process for both Canadian employers and foreign workers.