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Employee Requirements 2017-06-27T02:13:19+00:00

Employee Requirements

NAFTA

High Skilled

Low Skilled

LMIA Exempt

NAFTA

Business visitors

The following requirements apply:

  • Proof of citizenship of the U.S. or Mexico;
  • Documentation to support business activities as described in Appendix 1603.A.1(Research and Design, Growth, Manufacture and Production, Marketing, Sales, Distribution, After-Sales Service and General Service);
  • Evidence to support activities are international in scope;
  • No intent to enter the Canadian labour market;
  • The primary source of remuneration remains outside Canada;
  • The principal place of business remains outside Canada; and
  • Compliance with existing immigration/admissibility requirements for temporary entry;
  • Must apply at a POE.

Professionals

The following requirements apply:

  • Citizenship of the U.S. or Mexico;
  • Profession identified in Appendix 1603.D.1(over 60 occupations);
  • Qualification to work in that profession (degree or certification in a related educational program);
  • Pre-arranged employment with a Canadian employer;
  • Provision of professional level services in the field of qualification as indicated in the Appendix; and
  • Compliance with existing immigration requirements for temporary entry.

Intra-Company Transferees

The following requirements apply:

  • Citizenship of the U.S. or Mexico;
  • Seeking employment in an executive or managerial capacity or one involving “specialized knowledge”;
  • Transferring to an enterprise that has a qualifying relationship with the enterprise in which he or she is currently employed;
  • Enterprises in the U.S. or Mexico and in Canada have a parent, branch, subsidiary or affiliate relationship;
  • Continuous employment, in a similar position outside Canada, for at least one year (full-time) in the previous three-year period from the date of initial application; and
  • Compliance with existing immigration requirements for temporary entry.

Traders and Investors

The following requirements apply:

  • Applicant has American or Mexican citizenship;
  • The employing enterprise has American or Mexican nationality OR enterprise has American or Mexican nationality;
  • Activities involve substantial trade in goods or services OR substantial investment has been made, or is actively being made;
  • Trade is principally between either the U.S. or Mexico, and Canada OR applicant is seeking entry solely to develop and direct the enterprise;
  • Position is supervisory or executive, or involves essential skills OR if the applicant is an employee, position is executive or supervisory or involves essential skills;
  • Compliance with existing immigration requirements for temporary entry.

High Skilled

  • Qualification of education (university degree/ college diploma/apprenticeship tanning or certification in a related educational program);
  • Pre-arranged employment with a Canadian employer or positive Labour Market Impact Assessment from Employment and Social Development Canada;
  • Advanced Language in English or French;
  • Employment contract/offer;
  • Provision of professional level services in the field of qualification;
  • Prove you will leave Canada when your work permit expires;
  • Prove you have enough money to take care of yourself and your family members during your stay in Canada and to return home;
  • Obey the law and have no record of criminal;
  • Be in good health and have a medical exam;
  • Not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
  • Not have worked in Canada for one or more periods that total four years after April 1, 2011 (with some exceptions);
  • Compliance with existing immigration requirements for temporary entry;

Low Skilled

  • Require a certain amount of experience, short work demonstrations, on-the-job training, or no formal educational requirements;
  • Pre-arranged employment with a Canadian employer or positive Labour Market Impact Assessment from Employment and Social Development Canada;
  • Intermediate Language in English or French;
  • Employment contract/offer;
  • Proof that you are certified, accredited or qualified to work in the specific occupation;
  • Prove you will leave Canada when your work permit expires;
  • Obey the law and have no record of criminal;
  • Be in good health and have a medical exam;
  • Not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
  • Not have worked in Canada for one or more periods that total four years after April 1, 2011 (with some exceptions);
  • Compliance with existing immigration requirements for temporary entry;

LMIA Exempt

The following types of workers are exempt from a LMIA, but need a work permit:

Each category below has a set of requirements according to the type of position the work permit is sought for.  In General, the applicant must:

  • Prove qualification of education (university degree/ college diploma/apprenticeship tanning or certification in a related educational program);
  • Pre-arranged employment with a Canadian employer or positive Labour Market Impact Assessment from Employment and Social Development Canada;
  • Language requirement in English or French;
  • Employment contract;
  • Provision of professional level services in the field of qualification;
  • Prove you will leave Canada when your work permit expires;
  • Prove you have enough money to take care of yourself and your family members during your stay in Canada and to return home;
  • Obey the law and have no criminal record;
  • Be in good health and have a medical exam;
  • Not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
  • Not have worked in Canada for one or more periods that total four years after April 1, 2011 (with some exceptions);
  • Compliance with existing immigration requirements for temporary entry;
  • Workers covered under international agreements (professionals, traders and investors);
  • People taking part in exchange programs (youth exchange programs, teacher exchange programs and other joint programs);
  • Accompanying spouses;
  • Workers who are eligible for a work permit through a federal-provincial/territorial agreements;
  • Workers nominated by a province or territory for permanent residence;
  • People already working in Canada who have applied for permanent residence through the Federal Skilled Worker Program, Federal Skilled Trades Program or Canadian Experience Class;
  • Repair personnel for industrial or commercial equipment;
  • Workers transferred within a company-propriety knowledge;
  • Academics;
  • Co-op students;
  • Religious workers;
  • Workers who are essential to a television or film production;
  • Performers or workers in a related job in dance (such as ballet and contemporary), opera, orchestral music or live theatre whose employer;
  • Demonstrate how your position in Canada has a significant social or cultural benefit;
  • An official academic record showing that the foreign national has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of their ability;
  • Evidence from current or former employers showing that the foreign national has significant full time experience in the occupation for which he or she is sought (significant in this context can be taken to mean ten or more years experience);
  • Has been the recipient of national or international awards or patent;
  • Evidence of membership in organizations requiring excellence of its members;
  • Having been the judge of the work of others;
  • Evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations;
  • Evidence of scientific or scholarly contributions to the field by the foreign national;
  • Publications authored by the foreign national in academic or industry publications;
  • Leading role of the foreign national in an organization with a distinguished reputation;
  • Francophone foreign workers entering occupations with National Occupation Classification O, A and B, destined outside of Quebec who have been recruited through Destination Canada or other employment events coordinated with the federal government and francophone minority communities;
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