work_header.png

WORK IN CANADA

Curve-asset.jpg

In order to work in Canada on a temporary basis, foreign workers must obtain a Temporary Work Permit. For many foreign workers, an offer of employment from a Canadian employer is usually required.

If you want to immigrate to Canada to work, you will require a work permit. At Calver & Associates, we review all aspects of the temporary job offer to ensure that it meets Employment and Social Development Canada (ESDC) requirements. We review:

  • The job being offered;

  • The person’s qualifications with respect to the job offer;

  • The person’s country of citizenship;

  • The person’s current country of residence;

  • The jurisdiction of where this job will take place in Canada; and

  • Whether or not there are licensing requirements for the job

There are several steps to the Work Permit application process. Depending upon the foreign worker's country of citizenship, a Temporary Resident Visa (TRV) may also be required in order to enter Canada.

1

STEP

2

STEP

3

STEP

4

STEP

Employer applies for Labour Market Impact Assessment, if necessary.

Employer extends Temporary Job Offer.

Foreign Worker applies for Work Permit.

Work Permit is issued.

What do your work permit services include?

We begin by reviewing your case and assessing your eligibility for various Canadian Work Programs. We also assess the likelihood of success for your application. 

 

Our next step is to verify that you have the proper work experience as per Canada’s National Occupation (NOC) system and verify that the job offer and the Canadian company have met the criteria for a job offer confirmation.

 

Next, we prepare the application forms. This involves verification and cross-referencing of all information on forms. We also offer advice on which essential documents are required to support your application and ensure success.

Included in our Work Permit Services:

  • Preparation of detailed cover letters highlighting how the criteria have been met for a job offer confirmation;

  • Preparation of detailed cover letters highlighting your qualifications for the position;

  • Submission of the applications promptly to the appropriate government offices;

  • Monitoring the applications in progress and processing speeds, relative to other files we have submitted to the same offices;

  • Alerting a particular office when there are any processing delays with the applications; and

  • Ensuring confirmation and Canada Work Permit issuance

Working in Canada is a great way to gain the experience needed to stay in Canada permanently. We will determine the best way to proceed once the outcome of your case has been reached (i.e. application for Permanent Residence, Work Permit renewal, etc.). 

LABOUR MARKET IMPACT ASSESSMENTS

Labour Market Impact Assessments (LMIAs) are the first step in obtaining a Work Permit in Canada. The LMIA is a document that an employer in Canada may require to hire a foreign worker. Most work in Canada will require an LMIA however, some types of work are LMIA-exempt.

 

A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker is available to do the job. A positive LMIA is sometimes called a confirmation letter.

 

The process includes a four-week recruitment process, as well as proof that the business is a genuine Canadian business in which the owner is actively involved. Calver & Associates can assist with the LMIA process and the subsequent Work Permit Application. A positive LMIA is often required to obtain Permanent Residency in Canada under the Express Entry system.

 

WORK WITHOUT A PERMIT

A number of situations may occur when an individual can perform work in Canada without needing to secure a Temporary Work Permit. An individual who is eligible to work without a work permit may still require a Temporary Resident Visa to enter Canada on a temporary basis.

The following scenarios have been identified as instances where foreign nationals may perform work in Canada without a work permit:

  • 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

LMIA-EXEMPT WORK PERMITS

Although many foreign nationals will require an LMIA to support their Work Permit, there are many exceptions to this requirement. LMIA exempt work permits are based on Canada's international agreements, public policies, anticipated benefits to Canadians or other specific programs. 

 

The following sections of the Immigration and Refugee Protection Regulations (IRPR) provide the IRCC with the regulatory authority to issue a work permit for temporary positions that do not require a Labour 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 

 

Under these regulations, employers can avoid the lengthy and complex LMIA process. Exemptions apply to the following types of Work permits:

  • Work permit for a start-up visa entrepreneur if they do not intend to immigrate to Canada;

  • Work permit for the key personnel for 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 or maintenance of industrial or commercial equipment);

NAFTA WORK PERMITS

The North American Free Trade Agreement (NAFTA) allows American and Mexican nationals to work in Canada without a Labour Market Impact Assessment (LMIA) and in some instances, without a Work Permit. The positions in Canada must meet certain criteria in order to qualify for these NAFTA exemptions.

  • Business Visitors to Canada are both LMIA and Work Permit exempt, they must meet specific conditions that show that they will not enter the Canadian Labour Market.

  • Business Professionals, Intra-company Transferees and Traders/ Investors are exempt from the LMIA requirement but do require a Work Permit.

Some examples of professions that are considered eligible for a NAFTA Work Permit include: Accountant, Engineer, Lawyer, Social Worker, Dentist, Physician, Pharmacist, College/University teacher, Chemist, and more. 

Calver and Associates can help you prepare a NAFTA Worker’s package to submit to IRCC or to a CBSA Officer at a Border Entry.

Get Started

MarbleBG2.jpg

CANADIAN

IMMIGRATION

ELIGIBILITY

REVIEW

MarbleBG2.jpg

BOOK YOUR

VIRTUAL

CONSULTATION

ASSOCIATIONS:

association_logo1.jpg
association_logo2.jpg
RCIC_Member_insignia_72dpi.png
association_logo5.jpg
association_logo7.jpg
association_logo6.jpg