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Guide to the Work Permit Process in Canada

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Securing a Work Authorization in Canada

For individuals who are not Canadian citizens, obtaining a work authorization, commonly known as a work permit, is a critical step to legally undertake employment in Canada. Generally, there are two main of foreign workers in the nation. The first class is comprised of individuals who must pass a labor market analysis by the Canadian government, known as the Labour Market Impact Assessment (LMIA). second class includes those who can bypass the LMIA requirement.

The path to obtaining a Canadian work permit can be complex; however, the process can be made smoother with the right guidance. If you are seeking to discuss your work permit options and would like to arrange a complimentary phone consultation with our specialized work permit advisors, feel free to fill out our inquiry form.

Under Canadian immigration protocols, the term “work” encompasses a wide range of activities. It includes any endeavor where an individual earns a wage, collects a commission, or engages in work that is in direct competition with Canadian citizens or permanent residents, regardless of the length of the engagement. Typically, an LMIA is necessitated, which demonstrates that the prospective employment will not have a negative impact on local Canadian job markets. In most instances, securing a job offer from a Canadian employer is a prerequisite for applying for a Canadian Work Permit. There are, however, unique circumstances under Canadian immigration policies that permit the acquisition of Open Work Permits, which are not tied to a specific employer. While work permits are intrinsically temporary, there are often opportunities for extension within Canada. What follows is an instructive guide on how to proceed with applying for a temporary Canadian work permit.

Navigating the LMIA Process for Hiring Overseas Employees in Canada

In Canada, employers seeking to bring in foreign talent must often navigate the requirements of work permit regulations. There are two primary kinds of work permits: those dependent on a labor market verification and those exempt from such a process. A pivotal step in the former is the Labour Market Impact Assessments (LMIA), which is a critical part of ensuring the entry of international workers does not adversely affect Canadian job markets.

Understanding the Labour Market Impact Assessment

A Labour Market Impact Assessment (LMIA) as a crucial check to ensure that the employment of overseas workers doesn’t negatively affect the employment prospects of Canadian citizens and permanent residents. regulatory body responsible for administering the LMIA is Employment and Social Development Canada (ESDC). They grant a positive or neutral LMIA if no suitable local candidate is available to fill a specific role, and conversely, issue a negative LMIA if it is determined that hiring a foreign worker may disadvantage domestic labor force participants.

Canadian employers are generally required to secure a positive or neutral LMIA from ESDC as a precursor to hiring an international worker. Following a successful LMIA, the prospective employee will engage with Immigration, Refugees and Citizenship Canada (IRCC to acquire the necessary work permit. With the work permit in hand, the individual can commence their employment journey in Canada.

Special Conditions for Employment in Quebec

Hiring for positions based in Quebec introduces additional steps into the process. Here, a foreign worker must obtain a Certificate of Acceptance for Quebec or “Certificat d’acceptation du Québec” (CAQ). Alongside the LMIA, the CAQ application is submitted to the Quebec Ministry of Immigration, Francisation and Integration (MIFI).

Employers in Quebec have access to an expedited LMIA process through ESDC and MIFI, purposefully streamlined for certain roles with the benefit that employers need not demonstrate efforts to recruit locally.

A Proactive Approach to International Hiring

Understanding and undertaking the LMIA process is imperative for businesses aiming to bolster their workforce with international employees. It ensures compliance with Canadian labor regulations while supporting the national economy and labor market. Employers who effectively navigate this process will gain the opportunity to enhance their teams with global talent, benefitting from a diverse set of skills and perspectives.

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When is an LMIA not required?

In certain cases, obtaining a work permit in Canada does not necessitate a Labour Market Impact Assessment (LMIA). Such work permits that circumvent the LMIA process are known as LMIA Exempt Work Permits. These are issued under specific conditions which include:

Agreements between countries: Work permits may be issued under international trade agreements like the North Free Trade Agreement (NAFTA), Comprehensive Economic and Trade Agreement (CETA), or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), facilitate the mobility of workers between member countries.
National interests: Circumstances that serve the national interest of Canada can also lead to the issuance of an LMIA exempt work permit. This can cover a broad spectrum but typically includes significant cultural, economic, or social benefits for Canadians.
Humanitarian reasons: Individuals who find themselves in Canada for humanitarian reasons, which may include making a refugee claim, are sometimes granted permission to work without an LMIA to sustain themselves during their stay.
Pending permanent residency: Those who have applied for permanent residency and are within the Canadian borders might be eligible for an LMIA exempt work permit while their application is being processed.
Protection from abuse: Work permits may be granted to migrant workers, as well as their dependents, who possess employer-specific work permits but are subject to or at risk of workplace abuse in Canada.

Securing a Temporary Employment Contract in Canada

Acquiring an Affirmative or Neutral LMIA Outcome

Upon receiving a Labour Market Impact Assessment (LMIA with a positive or neutral result, the employer in Canada is responsible for furnishing the international applicant with an LMIA confirmation and a comprehensive employment offer letter. These documents are prerequisites for the global talent to proceed with the Canadian work permit application process.

International Talent’s Journey to a Canadian Work Permit

Armed an LMIA confirmation, a thorough proposal of employment, and possibly the Certificate d’Acceptation du Québec (CAQ) if needed, the prospective international employee is positioned to seek a temporary Canadian work permit from Immigration, Refugees and Citizenship Canada (IRCC). Depending on the applicant’s nationality, a temporary resident visa (TRV) might also be essential for entry to Canada. Hence, the submission for the work authorization should occur through a Canadian diplomatic mission in the applicant’s home country.

Issuance of the Work Authorization

The Canadian temporary work permit is delivered upon the international talent’s arrival in Canada, courtesy of a Canada Border Services Agency (CBSA officer stationed at the port of entry. The duration of the work permits can span from a short-term stay to multiple years, and it primarily depends on the nature of the employment. Typically, these permits are tied to a specific employer in Canada — commonly known as “closed” work permits — ensuring that the international worker remains within the stipulated employment parameters. Should the worker find alternate employment or seek promotion, they must secure a new work permit reflective of their new position or employer before any job transition.

Transitioning From Temporary Work Status to Permanent Residency in Canada

A Canadian Temporary Work Permit serves those aiming for a short-term vocational stint in Canada. Those desiring to settle and work indefinitely in Canada are required to navigate the permanent residency application process. Yet, possessing a temporary work permit can serve as a foundational step towards securing permanent residency. While employed in Canada on a temporary basis, international workers might qualify for permanent residency through various avenues such as the Canadian Experience Class (CEC), a Skilled Worker category, or the Nominee Programs, to their long-term career and settlement aspirations in Canada.

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