To work in Canada a person needs to have an open or LMIA-based work permit.
Check if you are eligible for an open work permit.
Foreign skilled workers, who have a temporary offer of employment from a Canadian employer approved by Employment and Social Development Canada (ESDC), are required to obtain a Temporary Work Permit from prior to arriving to Canada and engaging in work for a Canadian employer.
In most cases, obtaining a Canadian Work Permit is a two step process:
- The Canadian employer must receive validation of the job offer they have extended to a foreign worker from Employment and Social Development Canada (ESDC). A Labour Market Impact Assessment (LMIA) (replacing the Labor Maret Opinion) is a document that an employer in Canada must usually get before hiring a foreign worker. When applying for LMIA, the Canadian employer must demonstrate an extensive effort made to hire from the local labor market and that no Canadian worker can do the job as well as ensure that the foreign worker will be remunerated in compliance with the existing provincial wage standards. A positive LMIA is sometimes called a Confirmation letter.
- Once a positive LMIA is received by the Canadian employer, the application for the Work Permit must be brought to the Canadian Visa Mission of the country of residence of the applicant. If the prospective foreign worker is granted the Work Permit, he or she will have to undergo medical examination. Furthermore, citizens of countries which are exempt from certain Canadian visa requirements may seek the issuance of their Work Permit at the ports of entry to Canada instead of the Canadian Visa Missions overseas.
Depending upon the country of citizenship of a foreign worker a Temporary Resident Visa (TRV) may also need to be obtained in order to enter Canada.
A Temporary Work Permit can be issued for a period of up to four years.
If the foreign worker in Canada find different employment, they must apply for a new Work Permit.
However, a Temporary Work Permit may open the door to Canadian Permanent Residency. A foreign worker in possession of a Canadian work permit may qualify for Canadian immigration (Permanent Residency) under the Canadian Experience Class (CEC), through a Skilled Worker category, or through one of the Provincial Nominee Programs (PNP).
In some cases a foreign person who is going to work temporarily in Canada can be issued “Open” Work Permits, which are not employer specific.
You must not work for an ineligible employer who have had a labour market opinion (LMO) revoked or suspended.
There are certain occupations which are exempt from the requirement for obtaining ESDC validation for the job offer extended by the Canadian employer.
The North American Free Trade Agreement (NAFTA) provides an opportunity for certain citizens of the United States and Mexico to apply for a Work Permit in Canada without having to seek ESDC validation. If you would like to learn more about coming to Canada to work under NAFTA, please visit our NAFTA web page.
Should a foreign worker in Canada decide to change his or her Canadian employer, and as long as a validation of the new employer`s job offer is received, the conditions of the Work Permit can be changed without leaving Canada and through the Canadian Immigration Centre in Vegreville, Alberta.
Jane Katkova & Associates handles all types of applications for Work Permits and obtaining LMIA from ESDC. If you are a Canadian employer who wishes to hire a foreign worker or a foreign worker who has been found by a Canadian employer and wishes to obtain a Work Permit, we will carry out every step of your case. We will define a strategy for your case beginning from finding a NOC (National Occupation Classification) most suitable in your specific situation to filing applications for LMIA and presenting your case to the ESDC. We will further assist the foreign worker with preparation of a Work Permit application package. We will advise you on all other issues pertaining to the permit and answer all of your questions that may arise in the course of working with your case.
Please contact us for an assessment of your eligibility to apply under this program.