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Working in Canada is an attractive option for many skilled workers from all over the world. Each year, close to 200,000 foreign skilled workers come to work in Canada on Temporary Work Permits. There is no reason why this cannot be you too!
In order to work in Canada on a temporary basis, foreign skilled workers must have a temporary offer of employment from a Canadian employer and be granted a Temporary Work Permit by Human Resources and Skills Development Canada.
If you are applying for a PR card, you can also apply via an ‘Open Work’ permit and if you are American or Mexican you can fast track the working visa process via the NAFTA agreement.
The procedure involved in obtaining a LMIA is similar to LMOs but there are important differences.:
High Wage Postions
The application forms have changed from the old LMOs and are more extensive
Employers must complete a ‘transition plan’ that will explain how they intend to permanently fill the job being held by the temporary foreign worker;
Employers are required to keep more detailed records during the foreign worker’s stay in Canada;
Certain applications will be processed more quickly.
Foreign workers in skilled trades, high paid workers with salaries in the top 10% of Canadian earnings, and workers coming for 120 days or less will all receive LMIA decisions in 10 business days;
A new time limit for high-wage work permits may be imposed, but has not yet been announced.
For Low Wage LMIAs
The procedures and criteria involved for Low Wage LMIAs is somewhat different than for High-Wage LMIAs. More restrictions are imposed on Low Wage job offers than are high wage as follows:
Positive LMIAs for low-wage jobs will now allow employers to hire a foreign worker for only one year at a time.
For organizations with more than 10 employees, low-wage foreign workers can make up no more than 10% of the work force.
Transitional measures will apply to employers whose work forces do not comply with this new rule.
Employers in the accommodation and food service sector as well as the retail trade sector will no longer be allowed to apply for LMIAs for jobs in 10 lower-skill occupations.
As with high-wage LMIA applications, employers must now pay a higher application fee, complete longer application forms, and keep detailed records about their recruitment practices.
As in the case of the old LMOs, Canadian employers can recruit some TFWs without an LMIA. The following are categories where work permits are LMIA exempt:
Workers covered under the NAFTA agreement;
International Experience Canada participants (also known as Working Holiday permit holders);
Post-Graduate work permit holders;
Bridging Open Work Permit holders; and
Participants in certain academic exchanges such as post-doctoral fellows and visiting professors.
Programs such as those above have now been reclassified as ‘International Mobility Programs’.
In addition, beginning in summer 2015 employers hiring through some International Mobility Programs must have their job offers approved by a Canadian visa office before their hired employees can request a work permit. The processing fee for the job offer approval application will be $230.
The employer must send a copy of the positive LMIA along with a detailed ‘job offer letter’ to the foreign skilled worker.
Canadian employers are required by CIC to prepare a formal employment contract or what our industry refers to as the ‘Job Offer Letter’, which must include:
Canada Service Agency will ensure that the job offer is legit and real. Once the Canadian immigration department has confirmed the job offer with a LMIA, then the CIC will grant employment authorization for the company’s future employees to work in Canada.
Once the LMIA is granted, the Canadian employer can extend a temporary job offer to the foreign skilled worker.
Once you have your LMIA and ‘Job Offer Letter’ squared away, you then can apply for a Canadian Temporary Work Permit. If the employer that is hiring you is in the province of Quebec, then you may also need to obtain a Certificat d’acceptation du Québec (CAQ) in order to work temporarily in Quebec.
In some cases, the foreign worker will be required to attend an interview with a visa officer. If the visa officer is satisfied that the foreign worker’s employment will not adversely affect employment in Canada for Canadians, and that the foreign worker qualifies for the position, then a Canada Work Permit will be issued.
Note: In some cases, applicants from certain countries will be required to undergo medical examinations.
A Canada Border Services Agency (CBSA) officer will issue the Canada Temporary Work Permit at the point of entry when the foreign worker arrives in Canada. Depending upon the foreign worker’s country of citizenship, a Temporary Resident Visa (TRV) may also need to be obtained in order to enter Canada.
As of December 15, 2012, Citizenship and Immigration Canada announced that they will be allowing permanent resident applicants to obtain work permits while they are awaiting the finalization of their application. This will allow permanent resident applicants to now work while they are awaiting the answer on their application!
In order to be eligible, you must fall into one of the above categories, and you must also meet the following criteria:
This new ‘open work permit’ is a great development in Canadian immigration and allows applicants to work during the processing of their PR applications.
Are you a citizen of the USA who wants to work in Canada? If so, you can fast track your way to working in Canada via NAFTA. Americans are applying for Canadian work visas in record numbers and, if applicable, you should take advantage of this opportunity!
The Canadian economy is strong and is taking in many U.S. Citizens looking for work. The good news is that we have the NAFTA Agreement. NAFTA makes getting a Canada work visa for Americans and Mexicans much easier.
What is required is a job offer from a Canadian company in a field listed in the NAFTA agreement, proof of qualifications including work experience and education, as well as citizenship.
No. There are certain persons who are EXEMPT or do not require Canada Work Visas, such as:
Note : There are other exemptions that are found in the Canadian Immigration Regulations.
Possibly. If you work in Canada for one or more years under a valid work permit, you may eligible for permanent resident status under the Canadian Experience Class or another category depending on your job classification and your language proficiency.
Yes, you can. You may apply for a temporary work permit on its own or in combination with an application for a Canada immigration visa.
Work permits that are applied for at a Canadian Port of Entry can be issued the same day (which is rare). Most work permit applications are filed outside of Canada, and are issued within a matter of days or weeks, depending on whether or not a medical examination is required and the workload at the particular visa office to which you applied.
Often, employment and business opportunities are time sensitive and for that reason having a legal representative in Canada with expertise in the area of work permits is the most efficient way to proceed.
For work permits, there is a higher risk of refusal in cases where the application is not properly prepared. The standards are very high. The documentation and processes involved in successfully obtaining a work permit is complex and usually require legal expertise.
It is recommended that you seek professional immigration help to consult with your specific case.
We have helped thousands and thousands of people worldwide successfully enter Canada on a work permit and we are very certain we can help you too. No one can guarantee an approval (not even us), but we are certain with our years of experience and current success rate that we can greatly increase your chances at a positive outcome for your case.
The first step towards a successful Canadian working visa application is getting an assessment of your case. Fill out our FREE immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and visa options.
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