Foreign workers who want to work in Canada temporarily must first obtain a Temporary Work Permit. For many foreign workers, a job offer from a Canadian employer is usually required.
Foreign workers who want to work in Canada temporarily must first obtain a Temporary Work Permit. For many foreign workers, a job offer from a Canadian employer is usually required. If you want to come to Canada to work, you’ll need a work permit. Travia Immigration Consulting reviews all aspects of the temporary job offer to ensure that they meet Employment and Social Development Canada (ESDC) requirements. We review:
- The job is being offered;
- The person's qualifications in relation to the job offer;
- The person's country of citizenship;
- The person's current country of residence;
- The jurisdiction in which this job will take place in Canada;
- Whether or not the job requires a license;
The Work Permit application process involves several steps. Depending on the foreign worker’s country of citizenship, a Temporary Resident Visa (TRV) may be required to enter Canada.
What do your work permit services require?
We begin by reviewing your case and determining your eligibility for various Canadian work programs. We also assess your application’s likelihood of success.
Our next step is to confirm that you have the necessary work experience as defined by Canada’s National Occupation (NOC) system, as well as that the job offer and the Canadian company meet the criteria for job offer confirmation.
Next, we prepare the application forms. This includes verifying and cross-referencing all information on forms. We also provide advice on which documents are required to support your application and ensure its success.
Included in our work permit services:
- Preparation of detailed cover letters highlighting how the criteria have been met for a job offer confirmation;
- Prepare detailed cover letters that highlight your qualifications for the position;
- Applications must be submitted promptly to the appropriate government offices;
- Monitoring the applications in progress and processing speeds, in comparison to other files we have submitted to the same offices;
- Notifying a specific office when there are any processing delays with the applications; and
- Ensure confirmation and Canada Work Permit issuance.
Working in Canada is an excellent way to gain the necessary experience for permanent residency. Once the outcome of your case is determined, we will decide on the best course of action.
LABOUR MARKET IMPACT ASSESSMENTS
Labor Market Impact Assessments (LMIAs) are the first step toward obtaining a work permit in Canada. The LMIA is a document that Canadian employers may require when hiring a foreign worker. The majority of work in Canada will require an LMIA, but some types of work are exempt.
A positive LMIA will demonstrate the need for a foreign worker to fill the job. It will also demonstrate that no Canadian workers are available to take the job. A positive LMIA is sometimes referred to as a confirmation letter.
The process includes a four-week recruitment period, as well as proof that the company is a legitimate Canadian business in which the owner is actively involved. Travia Immigration Consulting, can help with the LMIA process.
WORK WITHOUT A PERMIT
A number of situations may arise in which an individual can work in Canada without obtaining a Temporary Work Permit. Even if an individual is eligible to work without a work permit, he or she may need a Temporary Resident Visa to enter Canada temporarily.
Foreign nationals can work in Canada without a work permit in the following scenarios:
- Athlete or Coach
- Aviation Accident or Incident Investigator
- Business Visitors
- Civil Aviation Inspector
- Convention Organizer
- Crew Member
- Emergency Service Provider
- Examiner and Evaluator
- Expert Witness or Investigator
- Family Member of a Foreign Representative
- Foreign Government Officer or Representative
- Healthcare Student
- Judge, Referee, or similar official
- Military Personnel
- News Reporter or Film and Media Crew
- Producer or Staff Member Working on Advertisements
- Performing Artist
- Public Speaker
- Religious Leader
- Short-term Highly-skilled Worker
- Short-term Researcher
- Student Working Off-Campus or On-Campus
WHO IS A BUSINESS VISITOR VISA FOR?
LMIA-EXEMPT WORK PERMITS
Although many foreign nationals will need an LMIA to support their Work Permit, there are numerous exceptions to this requirement. LMIA-exempt work permits are based on Canada’s international agreements, public policies, expected benefits to Canadians, or other specific programs.
The following sections of the Immigration and Refugee Protection Regulations (IRPR) give the IRCC the regulatory authority to issue work permits for temporary positions that do not require a Labor Market Impact Assessment (LMIA).
- R204: International agreements – Canada-International Free Trade Agreements
- Canada-United States Mexico Agreement (CUSMA/USMCA)
- General Agreement on Trade in Services (GATS)
- Comprehensive Economic and Trade Agreement (CETA)
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTP)
- R204: International agreements - Canada-International Non-Trade Agreements
- Airline Telecommunication & Information Services (SITA)
- International Air Transport Association (IATA)
- R205: Canadian interests, reciprocal employment, research, competitiveness and public policy, charitable or religious work
- R206: No other means of support (e.g. refugee claimants, and persons under unenforceable removal orders)
- R207: Permanent residence applicants in Canada (e.g. spouse or common-law partner in Canada)
- R208: Humanitarian reasons
Employers can avoid the time-consuming and complex LMIA process by following these regulations. Exemptions are applicable to the following types of work permits:
- Work permit for a start-up visa entrepreneur who does not plan to immigrate to Canada;
- Work permit for key personnel of the new start-up visa office;
- Work Permit for employees of international organizations with divisions in Canada, under the International Mobility Program (IMP), Canada's International Agreements, and non-trade-related agreements.
- Work permit for after-sales service specialists (installation, repair, and maintenance of industrial or commercial equipment);
NAFTA WORK PERMITS
The North American Free Trade Agreement (NAFTA) allows American and Mexican citizens to work in Canada without a Labor Market Impact Assessment (LMIA) and, in some cases, without a Work Permit. Positions in Canada must meet certain criteria to be eligible for NAFTA exemptions.
- Business visitors to Canada are exempt from both the LMIA and the Work Permit requirements; however, they must meet specific conditions demonstrating that they will not enter the Canadian labor market.
- Business professionals, intra-company transferees, and traders/investors are exempt from the LMIA requirement, but must obtain a Work Permit.
Travia Immigration Consulting can assist you in preparing a NAFTA Worker’s Package for submission to IRCC or a CBSA Officer at a Border Entry.
