Work Permit

Work opportunities have exceeded the limits of geographical boundaries long back. Ever since the communication techniques have advanced, people across the world are exploring work opportunities worldwide. Canada is one of the countries in the world that offer plenty of employment opportunities to a variety of skilled people.

Amex Immigration Canada Ltd. can be your one-stop solution if you are looking for a work visa for Canada. We offer a wide range of services to make the attainment of work visa easier for you.  Besides keeping the prices reasonable, we also offer a holistic solution that encompasses all visa-related requirements.

Each year, more than 200,000 foreign skilled workers come to work in Canada on Temporary Canadian Work Permits. A work permit is needed for most temporary jobs in Canada and is issued to eligible foreign workers who wish to work temporarily in Canada. IRCC works in close collaboration with Service Canada to ensure that the admission of temporary foreign workers does not adversely affect employment opportunities for Canadian citizens or permanent residents. A work permit is a written authorization issued to foreign nationals authorizing them to engage in work in Canada. Foreign workers have the same obligations as temporary residents.

If you are not a Canadian citizen or a permanent resident, then you are not automatically entitled to work in Canada. To work in Canada, foreign workers must be covered under the North American Free Trade Agreement (NAFTA), now Canada-United States-Mexico Agreement (CUSMA)  or they must obtain a work permit from Immigration, Refugees and Citizenship Canada (IRCC). It is illegal for someone who is not a Canadian citizen or a permanent resident to work in Canada without a work permit or without special permission under NAFTA. It is also illegal for an employer to hire someone who is not legally entitled to work in Canada.

Previous Agreement: NAFTA

Special rules apply to business workers under NAFTA. Business people who are citizens of the United States or Mexico can enter Canada on a temporary basis to trade goods, provide services, or participate in investment activities. Business people will be asked to show proof of their citizenship, and they must qualify in one of the following four categories:

• Business visitors
• Professionals
• Intra-company transferees
• Traders and investors

Similar rules apply to business people who are Chilean citizens under the Canada-Chile Free Trade Agreement (CCFT). Other free trade agreements that make it easier for business people to enter another country for a short time include: Canada-Peru FTA, Canada-Columbia FTA, Canada-Korea FTA and the General Agreement on Trade Services. For more information on these programs, visit Global Affairs Canada.

On July 1, 2020, the new Canada-United States-Mexico Agreement (CUSMA) entered into force replacing NAFTA. In the U.S., this new agreement is known as the U.S. – Mexico – Canada Agreement (USMCA). This information is currently under review.

Temporary Foreign Worker Program

Most of the temporary workers would require a Labour Market Impact Assessment( LMIA) based written job offer or contract of employment from your employer in Canada before they apply for a work permit. A LMIA is proof that a Canadian citizen or permanent resident could not be found to fill the available position and the employer may now hire a foreign worker.

Work Permit under the Temporary Foreign Worker Program

A work permit gives workers permission to work at a specific job, for a certain time-period, and for a specific employer. Foreign workers who are not covered under NAFTA/ Canada-United States-Mexico Agreement (CUSMA)  must apply for a work permit under the Temporary Foreign Worker Program (TFWP) to legally work in Canada. The TFWP distinguishes between two groups of workers:

1. Workers hired through Temporary Foreign Worker Program

• Based on employer demand to fill specific job
• Labour Market Impact Assessment (LMIA) required
• Employer- specific work permits
• Majority of workers are low-skilled
• Hired because no Canadians are available
• Employers pay a $1,000 LMIA processing fee for each position requested

2. Workers hired through the International Mobility Program (IMP)

• Not based on employer demand
• No LMIA required
• Usually open permits
• Majority are high skill / high wage
• Hired because deemed to add value to Canada’s economy and culture
• Come from highly developed countries

Regardless of which category the worker is applying under, work permit applicants must meet certain basic criteria, as well as additional criteria that may be required depending on where the application is made.

The basic eligibility requirements that all work permit applicants must meet are:

• satisfy an Officer that they will leave Canada at the end of their employment
• show that they have enough money during their stay in Canada to take care of themselves and their family members and to return home
• be law-abiding and have no record of criminal activity (they may be asked to provide a Police Clearance Certificate)
• Not be a danger to the security of Canada
• Be in good health and complete a medical examination, if required
• Not intend to engage in employment with an employer on the list of ineligible employers
• Not have worked in Canada for one or more periods totalling four years after April 1, 2011
• Provide any additional documents requested by the Officer to establish admissibility.

Foreign workers who apply while they are outside Canada will submit the application to a visa office outside Canada, and there are no further eligibility requirements.

Foreign workers who submit their applications from inside Canada, will only be eligible to do so if:

• You, your spouse or parents have a valid study or work permit
• You are a postgraduate of a Canadian university, community college, trade/technical school (or other eligible school or institution)
• You have a temporary resident permit that is valid for six months or more
• You are in Canada because you have already applied for permanent residence from inside Canada.

Foreign workers who submit their applications while entering Canada, will only be eligible to do so if:

• You are temporary resident visa exempt
• You already hold a valid medical certificate, if it is required for your job
• Your job does not need a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC); or you hold an LMIA from ESDC.

Once a person has met the eligibility requirements, to apply for a work permit, they must then complete the application along with supporting documents and submit it to the appropriate IRCC office.

The International Mobility Program

Some jobs offers are exempt from the requirement of obtaining LIMA to apply for a Work Permit. The International Mobility Program lets the employer hire a temporary worker without a Labour Market Impact Assessment (LMIA). Sections 204 to 208 of the Immigration and Refugee Protection Regulations (IRPR) provide the regulatory authority to issue a work permit to a worker who does not require a Labour Market Impact Assessment (LMIA).

Following categories of workers are covered under these regulations

• R204: International agreements- Such as traders, investors, GATS professionals, PNP etc.
• R205: Canadian interests-Such as Unique work situations Entrepreneurs, Bridging open work permits co-op Work permits, Spouses of skilled workers Or students, PGWP employment Off-campus employment.
• R205(c)(ii) Competitiveness and public policy exemption codes –are one of the most commonly use LMIA exemption codes consisting of Spouses of skilled workers Spouses of students Off-campus & Post-grad employment etc.
• R206: No other means of support- such as Refugee claimants
• R207: Permanent residence applicants in Canada-such as Live-in-caregiver class, Spouse or common-law partner in Canada class
• R207.1: Vulnerable workers-such as migrant workers, victim of human trafficking
• R208: Humanitarian reasons-such as Destitute students, TRP holders

As of December 13, 2016 cumulative four year duration to work in Canada has been eliminated. A good news for those workers who wants to work for longer durations and ultimately want to become Permanent residents of Canada.

Visitors can become workers if they meets the requirements of TFW program International mobility program PNP etc. If you are already in Canada you can go to the US border and come back to Canadian POE and apply for work permit. It's called flag polling. A visitor’s visa for USA is not required for the purposes of flag polling unless your initial authorized stay period and an extension to it has not lapsed.