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Changes to Canadian Work Permit Rules coming in April 2011

April 2011 Big Regulatory Changes for Canadian Work Permits

Applying for a Work Permit for Canada will become more difficult come April 2011. Regulations concerning “employer compliance” with respect to hiring temporary foreign workers will be coming into force in the new year.

In addition to demonstrating that the temporary foreign worker qualifies for the Canadian work permit in question, the Canadian employer will itself have to meet the compliance provisions of the proposed Regulations. These including showing “Genuineness” of the job offer to the applicant, establishment as a Canadian company and a commitment to providing the foreign worker with similar working conditions afforded to Canadian workers while employed in Canada.

Penalties for Non-Compliance for Canadian Work Permit Cases

More significantly, are the proposed penalties against Canadian employers non-compliance including being posted on a government website (a black-list of sorts) and  restrictions against  hiring foreign workers for a 2 year period.

There are  further details to be revealed and we will keep you posted as the information becomes available.

For now, Canadian employers be warned. If hiring a temporary foreign worker, Big Brother will be watching!

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

28 thoughts on “Changes to Canadian Work Permit Rules coming in April 2011

  1. opciones binarias

    Wow, that’s what I was seeking for, what a information! present here at this web site, thanks admin of this website.

    Reply
  2. nishu joshi

    hi,i am nishu i have done graduation and ielts .me and my husband have visited to romania on study visa we styed there for 8 months now we both together want to go to canada on work permit and settle there. thanks.

    Reply
  3. Dharamvir singh

    Dear kim United arab emirate heavy truck driver licence i want go to canada on truck driver base

    Reply
  4. harkirat singh

    Dear Alicia,

    I am Harkirat from India. I have completed high school education. I have a valid UAE Dubai Heavy Licence. I have four years of work experience. Can I qualify for a Work Permit?

    Reply
    1. Alicia Kim

      Dear Harkirat,

      Do you mind elaborating what a UAE Dubai Heavy Licence is? Also, what kind of work experience do you have?

      Thank you.

      Reply
  5. Dharamvir singh

    Dear Alicia,

    I am Dharamvir Singh from India. I am 22 years old. I have completed a three years diploma in Electrical Engineering. I have a valid uae heavy licence but I have no work experience. Can I qualify for a Work Permit?

    Reply
    1. Alicia Kim

      Dear Dharamvir,

      Please explain what a UAE Heavy Licence is. In order to qualify for a Work Permit with your post-secondary degree, you need to have a job offer from a Canadian employer.

      Thank you.

      Reply
  6. Hemant Dangi

    Dear Madam,

    Can you suggest me how I can apply for a visa to work in Canada? How can I get a Work Permit? Is there any other way for me to be able to work in Canada?

    Hemant

    Reply
    1. Alicia Kim

      Dear Hemant,

      In order to apply for a work permit from outside Canada, you must have a job offer from a Canadian employer and satisfy a visa officer that you will leave Canada at the end of your work permit and you have enough money to support yourself while you are in Canada.

      You may also apply as a Skilled Worker. You must have a valid offer of arranged employment or have one year of continous full time paid work experience in one of the occupations list in the Canadian National Occupational Classification list. Do you have any work experience that meets these conditions?

      Thank you.

      Reply
  7. Hemant Dangi

    Hi,

    I am Hemant. I am from India. I studied “hotel management” at college and am now working at a hotel.

    I wish to go to Canada to work. What options do I have?
    Can I apply under the Skilled Worker category?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Hemant,

      In order to qualiy as a Skilled Worker, you must have a valid offer of arranged employment or have a one year of continous full time paid work experience in certain occupations. If your work for the hotel satisifies these conditions, you may qualify under the Managers in Food Service and Accommodation category. However, I recommend that you consult an immigration lawyer with a detailed description of your job to better assess your eligibility.

      Thank you.

      Reply
  8. bhaskar

    Dear Kim,

    I have four years of experience in Hyderabad Power Installations Pvt.Ltd. I have worked in Power Transmission Lines Domain. I have much experience in estimation, business development and procurement and have an in-depth understanding of the business processes across the lines of services. I would like to work in Canada temporarily. What options do I have? Please suggest.

    Reply
    1. Alicia Kim

      Dear Bhaskar,

      If you wish to come to Canada to work temporarily, you may apply for a Work Permit. In order to do so, you would need to have a job offer from a Canadian employer. You also need to satisfy the visa officer that you will leave at the end of your Work Permit and have enough money to support yourself while you are in Canada.

      Thank you.

      Reply
  9. gurpinder

    Hi,

    I have a diploma from a three year Computer Engineering program. I have been working as a Customer Support Engineer in a company since 2005. Can I qualify for a Work Permit in Canada?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Gurpinder,

      Assuming you are outside Canada, you must submit a job offer from a Canadian employer and a positive labour market opinion obtained by your employer. You also have to show that you have strong ties to your home country to satisfy a visa officer that you will leave Canada at the end of your work permit and that you have enough money to support yourself while you are in Canada.

      Hope this helps.

      Reply
  10. Yousif

    Hi,

    I have my Master’s Degree in Economics. I have been working for the Federal Government (Income Tax Department) as a steno typist since 1995. I want to immigrate to Canada through the Skilled Worker program. I am a bit concerned because my degree and my work experience, however, do not match. How can I apply as a Skilled Worker?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Yousif,

      In order to apply for as a Skilled Worker, you need to have either a valid offer of arranged employment OR one year of continuous full time paid work experience in the specified occupations listed on the Canadian National Occupation Classification list. You may be eligible to apply as a Skilled Worker based on your work experience as a steno typist. However, I would suggest you contact an immigration lawyer with your detailed job duties for a more accurate analysis of your situation.

      Thank you.

      Reply
  11. afzal

    Hi,

    I have more than one year work experience in my field. I would like to apply for Permanent Residence in Canada. I do not have any job offers in Canada. What options do I have?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Afzal,

      One of the options would be that you apply as a Skilled Worker. Since you do not have any job offer in Canada, you may then apply based on your work experience. If you have at least one year of continuous full-time paid work experience within the last 10 years, you may be eligible to apply as a Skilled Worker. However, I would need further information about your work experience to give you more details.

      Hope this helps.

      Reply
      1. Afzal

        Thanks a lot Alicia for your reply.

        To be specific, I have more than 3 years of experience in the Sales and Marketing field in the IT industry.

        Afzal

        Reply
        1. Alicia Kim

          Dear Afzal,

          You might qualify under the Sales, Marketing and Advertising Managers category. However, for more detailed and accurate analysis, please consult an immigration lawyer as legal strategies greatly depend on a particular individual situation. You would have to give a more detailed description of your job in order to determine your eligibility for a Skilled Worker application.

          Hope this helps.

          Reply
        2. Alicia Kim

          Dear Mr. Afzal,

          Since you only need to have one year of continuous full-time paid work experience, your three years of experience satisfies this requirement. However, your job also needs to be one of the occupations listed on the Canadian National Occupational Classification (NOC) list. To determine whether your job is one of the occupations on the NOC list, you need to speak directly with an immigration attorney and give her/him further detailed information about your job. Please kindly note that there is much more information than what you have given me that needs to be taken into consideration and you would need a qualified immigration attorey to come up with the best legal strategy for you to fit you in the NOC list.

          Reply
  12. Khan M Abdul Jalil

    Hello,

    I am Khan M Abdul Jalil. I want to work in Canada and move to Canada with my family. What kinds of options do I have?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Khan M Abdul Jalil,

      The best option for you is to apply under the Federal Skilled Worker category. Your family members may follow you under your application as dependants. To be eligible, you need to have a valid offer of arranged employment or have one year of continuous full-time paid work experience in the occupation listed on the National Occupational Classification (NOC). You also need to demonstrate your abilities in English or French. I would need more detailed information about your work experience to give you more assistance.

      Thank you.

      Reply
      1. Khan M Abdul Jalil

        Dear Alicia Kim,

        I am Khan M Abdul Jalil. I am from Bangladesh. Presently, I have been working for more than ten years in the Information Technology field (i.e. Electrical Billing System). My designation is (DBA) Database Administrator.

        Thank You-
        Khan M Abdul Jalil

        Reply
        1. Alicia Kim

          Dear Mr. Khan M. Abdul Jalil,

          You may qualify under the Computer and Information Systems Managers category. If this is the case, you may be eligible to apply as a Skilled Worker. However, as this requires a much closer look into your particular situation, I suggest that you contact an immigration lawyer for a more accurate and detailed analysis of your situation to determine your eligibility for a Skilled Worker application.

          Thank you.

          Reply
  13. Aamir Lakhani

    Hi,
    I want to go to Canada because I want to work in Canada. I would also like to move with my family. What kind of option do I have?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Aamir Lak Hani,

      You may apply as a skilled worker to come to Canada. Do you have a valid offer of arranged employment in Canada? Or, do you have any one year of continuous full time paid work experience within the last ten years? If so, what kind of work did you do? Depending on your answer, you may qualify under the Skilled Worker category and your family members may accompany you under you application.

      Reply

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