Work in Canada

A foreign national (i.e., an individual who is not a Canadian permanent resident or citizen) who intends to work in Canada is generally required to possess a work permit or other permission to legally do so. Such authorization may come in various forms, and often requires advanced approval prior to eligibility to enter Canada for work.

 

Significant complexity may surround the process of securing the proper authorization to work in Canada. The goal of our organization is to provide answers about Canadian work permits and supply the expertise necessary for companies of any size to quickly and efficiently gain the admission of foreign workers or business visitors.

 

Canadian work permits

 

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 (also referred to as a Confirmation Letter);
  
  
• 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.
  
  
• Deprecated: Certain Information Technology Workers in the province of Quebec (program terminated in all other provinces; program terminated in province of Quebec effective February 23 2012, but cases with issued Quebec approvals (CAQs) will be processed if received by March 24 2012)

 

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 prior to issuance of a work visa.

 

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).
   
   
2. If applicable, a Labour Market Opinion (LMO) should be obtained in advance of applying. However, in some cases a case may be exempt from this requirement. In other cases, 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.

There must typically be arranged work in Canada (with some limited exceptions).

If applicable, a Labour Market Opinion (LMO) should be obtained in advance of applying. However, in some cases a case may be exempt from this requirement. In other cases, the work in Canada could be subject to an exemption from a work permit under business visitor or other provisions.

In all cases, the application materials must be compiled in a thorough and clear manner.

The application must be submitted to the appropriate venue for processing.

 

There are multiple methods by which to submit and process many applications. These differences 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 decisionmaking 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).

 

Assessment

 

If you or an employee are seeking temporary eligibility to work in Canada, please complete a Canadian work permit eligibility assessment to determine which strategy is the best approach in your case.