WORK IN CANADA

For Canadian immigration reasons, "work" is defined as any activity for which wages are paid or commission is received, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labor market, regardless of length. In general, a Labour Market Impact Assessment (LMIA) is necessary to demonstrate that the proposed employment would not have a negative impact on Canadian employees. A employment offer from a Canadian company is usually required to apply for a Canadian Work Permit. In certain circumstances, Canadian immigration laws allow for Open Work Permits, which are not employer-specific. A work permit is always temporary, but it is frequently extended from within Canada. The following is a step-by-step approach to obtaining a temporary work permit in Canada.

Step 1: If necessary, the employer requests a Labour Market Impact Assessment.

The Canadian government issues two types of work licenses. A work permit either requires or is exempt from requiring a labor market test. In some situations, the labour market test is required to establish that granting a work permit to a foreign resident will not have a negative impact on Canadian employment and earnings.

What exactly is an LMIA?

A Labour Market Impact Assessment is the name given to the labor market test. Employment and Social Development Canada is the federal government agency in charge of the LMIA procedure. ESDC issues a positive or neutral LMIA when it is satisfied that no Canadian citizen or permanent resident is available to execute the work. A negative LMIA is given when it believes that domestic workers are available to do the job and that hiring a foreign person will hurt Canadian workers.

Employers in Canada who intend to hire a foreign national must typically obtain a positive or neutral LMIA from ESDC. Once this is granted, the foreign national can apply to the federal department of Immigration, Refugees, and Citizenship Canada (IRCC) for a work permit. They can move to Canada and begin working for the employer after they have obtained their work permit.

Furthermore, if the Canadian company is hiring for a post in the province of Quebec, the foreign worker will need to obtain a Certificat d'acceptation du Québec (CAQ) in order to work temporarily in Quebec. The CAQ application must be filed to Quebec's Ministère de l'Immigration, Francisation, et de l'Intégration (MIFI) at the same time that the LMIA is submitted to ESDC.

Employers can now use a shortened LMIA process to fill certain positions in Quebec without having to provide documentation of recruitment efforts, thanks to ESDC and MIFI.

When is an LMIA not required?

In a few cases, foreign workers can get a work visa without the necessity for an LMIA. These work licenses are commonly referred to as LMIA Exempt Work Permits and contain the following:

International treaties, such as the North American Free Trade Agreement (NAFTA), the Comprehensive Economic and Trade Agreement (CETA), or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);

In Canada's Interest: As a result of considerable economic, social, or cultural benefits to Canadians;

As a result of reciprocal agreements Canada and its provinces/territories have engaged into with other nations, such as youth and teacher exchange programs;

Allowing international students studying in Canada to meet academic requirements known as co-op assignments;

Allowing accompanying spouses/common-law partners of certain work permit and study permit holders residing in Canada to work;

To allow for philanthropic or religious work;

Recognizing that certain people in Canada require financial support for reasons other than those indicated above, such as making a refugee claim;

Certain Canadian permanent residents;

Certain migrant workers and their dependents in Canada on employer-specific work permits who are being abused or are at danger of being abused.

Step 2: The employer extends a temporary job offer.

Once a positive or neutral LMIA is issued, the Canadian employer must submit a copy of the LMIA approval letter, as well as a comprehensive employment offer letter, to the foreign worker, who will need those documents to apply for a work permit.

Step 3: The foreign worker files for a work permit.

With the LMIA approval letter, the employment offer letter (and, if applicable, the CAQ), the foreign worker can apply to Immigration, Refugees and Citizenship Canada for a Canadian temporary work permit. Depending on their country of citizenship, the foreign worker may need to obtain a temporary residency visa (TRV) to travel to Canada and would thus need to submit the temporary work permit application at a Canadian visa office overseas.

Step 4: Work Permit is issued

When the foreign worker arrives in Canada, a Canada Border Services Agency (CBSA) officer will issue the temporary work permit.

A temporary work visa can be issued for a few days to a few years.

Most Canadian work permits are employer specific, often known as "closed" work permits, and are provided for a single position in Canada. As a result, a foreign worker may only work for the employer listed on the work permit. As a result, if the foreign worker changes jobs and does not yet have permanent residence status, the foreign worker must apply for and acquire a new work visa before changing companies or positions in Canada.

It should be noted that a Canadian Temporary Work Permit is intended for foreign workers who intend to work in Canada for a limited time. Foreign employees who want to work and live permanently in Canada must go through the Canadian permanent residence process. A temporary work permit, on the other hand, may be a stepping stone to permanent residence in Canada. Once in Canada on a temporary work permit, a foreign worker may be eligible for Canadian permanent residency via the Canadian Experience Class (CEC), a Skilled Worker category, or one of the Provincial Nominee Programs.