Work Visa

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Work Visa

Working in Canada is an excellent first step for those seeking to migrate to canada. Canada is actively seeking foreign workers and professionals to help grow its strong national workforce. Every year, more than 300,000 people come to Canada as temporary foreign workers. In most cases most foreign workers needs work permit , however, a number of circumstances do offer where the applicant may be able to work without a work permit. The government offers a high standard of workplace safety, competitive wages and many opportunities for professionals.

There are many different options for obtaining a Canadian work permit.Some require a job offer from a Canadian employer, others require that the employer provide a Labour Market Impact Assessment (LMIA), sometimes it is required that a person has some sort of connection to Canada (previous education, spousal sponsorship, etc.). If you wish to employ a foreign worker, or you are a worker yourself, it is important to know your full range of Canadian work options.

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Canadian Immigration Programs

Requiring a Labour Market Impact Assessment (LMIA)

The LMIA is a document issued by employment and social development Canada. Assessing the impact of hiring a foreign national in canada. A positive LMIA indicates that there is no Canadian citizen or permanent resident to fill a position, therefore enabling an employer to hire a foreign national. The LMIA Process is different depending on the targeted employee being classified into “high wage” or “low wage”.

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A foreign national cannot apply for an LMIA. Rather, LMIAs are documents which must be applied for by a Canadian employer.An employer may submit an application for an LMIA as early as 6-months prior to the intended start date for the position.

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Work Without LMIA

In order to bring a temporary foreign worker to Canada, a Canadian employer must generally receive a positive Labour Market Impact Assessment (LMIA). There are several cases, however, where the need for a LMIA may be waived.

It is important to note that while LMIA may be exempted but the applicants would still require a work permit to work in canada legally.

Some of the common cases of exemptions are:

  • Significant Benefit: The applicant's proposed benefit of her work to canada must be of high significance and should play an important role.
  • Entrepreneurs : LMIA exemption is provided to business owners who would want to come to canada and start business operations. The also have to show that their business will be of great significance to canada. Their stay is canada is solely for the purpose of setting up business and is tempreory.
  • Company Transfer: Transfers of managers, executives. Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.
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Without Work Permit

In a few situations an individual is eligible to work without a work permit. In such a case, he would need a temporary resident visa to enter canada.

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For a detailed information on exploring options of working in canada, contact our experts today.

Open work permits

Under Canadian immigration regulations, foreign spouses and common-law partners of temporary foreign workers and foreign students, who themselves want to work in Canada, will need an open work permit.

In addition to this, the canadian government also allows spouse and common law partners being sponsored through the spousal sponsorship category to be granted an open to work status while their application of permanent residency is being setup.

The holder of an open work permit can work for any Canadian employer, without first having a confirmed offer of employment. An open work permit is not job-specific.

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Under Canada immigration regulations, open work permits may be applied for by:

  • The spouses or common-law partners of foreign temporary workers;
  • The spouses or common-law partners of foreign students;
  • International students who have graduated from a Canadian post-secondary institution.

For a detailed information on exploring options of working in canada, contact our experts today.

Atlantic Immigartion Pilot

A new ‘pilot’ program was launched by the Atlantic Province of Canada in 2017. As its evident from its name, its first of its kind program and is subject to change. This program aims to accept a maximum number of 2,000 new immigrants each year, with quotas increasing to 4,000 by 2020. It is unique because it allow designated employers from the Atlantic province to hire foreign nationals without obtaining a Labour Market Impact Assessment (LMIA).

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) assessing the impact of hiring a foreign national in Canada. A positive LMIA indicates that there is no Canadian citizen or permanent resident to fill a position, therefore enabling an employer to hire a foreign national.

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The designated employers assist eligible foreign nationals with the submission of permanent residency applications and long-term settlement. Canada’s Atlantic provinces include New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Islands.

What are your options for Canadian Immigration?

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Frequently Asked Questions

No. Applicants can still qualify for a Canada Immigration (Permanent Resident) Visa without a Canadian job offer. However, Canadian employers play a greater role in Canadian immigration under the federal Express Entry immigration selection system than they did previously, meaning that, for many candidates, obtaining a valid Canadian job offer significantly increases their chances of being invited to apply for Canadian permanent residence. Candidates in the Express Entry pool have the opportunity to increase their chances of being invited to apply by promoting themselves directly to employers through the CanadaVisa Job Search tool.
Candidates should note that the Quebec Skilled Worker category of immigration and some of the Provincial Nominee Programs (PNPs) do not require a Canadian job offer in order to qualify either.
A job offer is a genuine offer of employment from a legitimate Canadian employer.
Yes. There are essentially two types of job offers that a Canadian employer can make:
- A temporary job offer is an offer of Canadian employment that is made for a specific period of time – six months, one year, etc… Individuals can only begin working, in most cases, after they receive a Temporary Work Permit.
- A permanent job offer is an offer of Canadian employment that is made for an indeterminate period of time. Individuals can only begin working after they receive a Canada Immigration Visa.
Yes. Individuals may apply for a Temporary Work Permit on its own or in combination with an application for a Canada Immigration Visa. Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) recognizes the concept of "dual intent" whereby an applicant desires to work in Canada temporarily and thereafter reside and work in Canada permanently.
Under Express Entry, candidates who are successful in obtaining a job offer supported by a Labour Market Impact Assessment (LMIA) are awarded an additional 50 or 200 points under the Comprehensive Ranking System (CRS), depending on the position offered. Although this CRS points bonus does not guarantee that the candidate will be invited to apply for permanent residence in Canada, the fact that he or she has obtained a qualifying job offer means that he or she is more likely to be issued an Invitation to Apply (ITA) for permanent residence at a subsequent draw from the pool, therefore fast-tracking the immigration process.
For more information, visit the arranged employment page.
There are significant benefits to obtaining a temporary Canadian job offer:
- A job offer is the starting point for obtaining a Temporary Work Permit.
- Coming to Canada on a Work Permit is the quickest way to enter Canada and work. The Work Permit application process can usually be completed in a matter of days or weeks.
- The Canadian employer of a Work Permit holder in Canada can offer the individual a permanent full-time job of indeterminate length and the new job offer will be considered arranged employment in Canada under the Federal Skilled Worker Class.
No. Once in Canada, there are many available rewarding employment opportunities. Each day in Canada more than 50,000 job postings go unfilled. Getting a job offer from outside Canada is more of a challenge but certainly can be accomplished with a little bit of perseverance, especially with the tools and guidance that our Canadian law firm offers. Many Canadian employers have a keen demand for skilled workers and professionals. There is no reason why an applicant from outside of Canada can't be a part of their solution.
The Canada Job Bank is an online search engine for open job positions across Canada that helps match candidates with Canadian employers and jobs based on their skills, knowledge, and experience. Under Express Entry, candidates may register with the Job Bank. As of June 6, 2017, registration in the Job Bank is no longer required for candidates who do not already have a Canadian job offer or a Provincial/Territorial nomination. However, it is recommended that they do so, in order to increase their visibility to Canadian employers.
Should the Express Entry candidate choose to apply to a job opportunity, the recipient employer will then be required to go through their usual interview or assessment process. If the employer finds that the Express Entry candidate meets their needs, and they are eligible to hire a foreign national, they can offer them a job.
Furthermore, candidates in the Express Entry pool have the opportunity to increase their chances of being invited to apply by promoting themselves directly to employers through the CanadaVisa Job Search tool.

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