Free Canadian Work Permit Eligibility Evaluation
If you or an employee are seeking temporary eligibility to work in Canada, please complete a Canadian work permit eligibility assessment at no cost to determine which strategy is the best approach in your case. You may also contact us at 1 (604) 503 1344.
In many instances, a job validation from a Human Resources Skills Development Canada Centre (“HRSDC”) is required before the applicant can submit his/her Application for an Employment Authorization to a Canadian visa post abroad. In such instances, the prospective Canadian employer must give details of the foreign worker’s job offer to an HRSDC. An employment counsellor will check to determine if the offer of employment meets the prevailing wages and working conditions for the occupation concerned. A check will also be made to see if the job cannot be filled by a suitably qualified and available Canadian citizen or permanent resident. If these conditions are met, the HRSDC will approve (validate) the job offer. They will then issue a confirmation of offer of employment and send this to the Canadian visa post in the country where the foreign worker is currently residing. An Employment Authorization will NOT be issued to a foreign worker to come to Canada to look for work.
Canadian work permits
Foreign workers whose skills are in short supply, or who can provide significant economic or other benefits to Canada, may apply and get Employment Authorizations and admitted to Canada on a temporary basis. There are numerous categories or provisions by which a foreign worker can seek a work permit in Canada. However, these usually fall within one of several general classifications that can be used to better understand the procedures. These are:
* Work in Canada subject to a Labour Market Opinion or ESDC Confirmation;
* International Treaties such as the North American Free Trade Agreement (NAFTA), the Canada Chile Free Trade Agreement (CCFTA), or the General Agreement on Trade in Services (GATS);
* Situations in which there is evidence of Canadian Interests or Significant Benefit to Canada, including intra-company transfers, spousal programs, and other circumstances in which there is a social, cultural, or economic benefit to Canada;
* Youth Program visas such as the Student Work Away Program, Student Work Holiday Program, and others conducted through organizations suh as BUNAC, SWAP, and IEC;
* Limited circumstances in which work in Canada is permitted without a permit.
The selection of the proper classification under which an application is submitted will affect your eligibility for a Canadian work visa. However, it can also have a significant bearing on the requirements of an application, and on the work permit processing delays.
Work Visa Processing
The work permit process varies by case, but there are some general steps that must be followed:
1. There must typically be arranged work in Canada (with some limited exceptions). Arranged work can take the form of a direct offer of employment from a Canadian company, or a contract with an organization by which an individual is assigned to work in Canada (without being a direct employee of a Canadian company).
2. If applicable, a Labour Market Opinion (LMO) should be obtained in advance of applying. However, in some circumstances, a case may be exempt from this requirement. In other circumstances, the work in Canada could be subject to an exemption from a work permit under business visitor or other provisions.
3. In all cases, the application materials must be presented in a thorough and clear manner.
4. The work permit application must be submitted to the appropriate venue for processing. This may include a visa office abroad, a port of entry (depending on nationality and the nature of the case), or centralized processing offices responsible for pre-screening of port of entry applications (depending on nationality and the nature of the case).
There are multiple methods by which to submit and process many applications. Differences in these methods can have a significant impact on the requirements and, possibly, the outcome of the application. As a general rule a case is processed at a Canadian visa office prior to arrival in Canada. In some cases, however, an application for a work permit can be submitted at a Canadian port of entry (i.e., airport, border crossing, etc.). In the latter approach, advanced decision making on the application is possible in certain situations, which does affect the time needed to conclude the application.
Some applicants for a Canadian work permit will be required to undergo medical examinations prior to issuance of a Canadian visa, which can also effect the duration of the application process. Situtations in which this is necessary depend on the duration of the work permit being sought, the residence of the applicant in the 12 months prior to the submission of a case, and the nature of the occupation (e.g., some occupations involving direct contact with the public for greater than three hours per day may always require medical examinations).