A WORK PERMIT THAT ALLOWS YOU TO WORK IN CANADA
An LMIA work permit is a temporary work permit that allows those from other countries to work in Canada. There are a number of steps in applying for an LMIA permit including steps the potential employer must take to prove hiring a foreign national for the job won’t adversely impact Canadian workers. The LMIA program is a way for Canadian employers to react to a shortage of suitable employees within the country by hiring immigrant workers.
Even with a job offer, in most cases the work permit must be in place in order for you to do the job you’ve been hired for and in most cases that job offer has to be in place before the application process can begin. If this is your situation, let us know and we can help.
These types of work permits specify the employer the foreign worker will be employed by and the duration of the work period. The Canadian employer must submit a job offer to the foreign worker complete with the Labour Market Impact Assessment (LMIA) that supports the claim that there are no Canadian citizens or permanent residents to do the job. Wage determines applicability within the program instead of fit within the National Occupational Classification (NOC). The LMIA program is jointly administered by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC), with ESDC taking the lead.
There is also an International Mobility Program within the LMIA program. This is generally based on agreements with other countries, such as trade agreements and other programs. In this case a LMIA is not required and the lead department on immigration is IRCC. Work permits can be employer-specific or open.
If you are already in Canada applying for the work permit, you (or your spouse) must be in Canada on a valid study or work permit. You must also have graduated from a designated educational institution in Canada, have applied for your permanent residency or have asked for refugee status.
If you are applying from outside of Canada, your visa office in that country can assist you with the details and requirements needed for a work permit.
The LMIA Process:
Employers begin the process by receiving approval from the government of Canada to hire a foreign worker. This is the LMIA. A positive LMIA results when the government of Canada determines hiring a foreign worker will have a positive or neutral effect on Canadian workers. In other words, no Canadian workers can be passed over in favour of a foreign worker and must prove they took efforts to find qualified Canadian citizens to fill a role.
There are “high-wage” and “low-wage” classifications in the LMIA process and certain stipulations apply depending upon the classification. Jobs under the median wage are considered low-wage, adversely, those above the median are high-wage.
A 10-day service standard is possible for those jobs in the top 10 percent of wages earned by Canadians. The skills demanded for the job must be proven to be difficult to find in the Canadian market. Short-duration workers in repairs, manufacturing equipment and warranting work are also eligible for the 10-day service standard.
If a job is high-wage, employers must submit the LMIA along with plans to reduce their reliance on temporary foreign workers over time.
If the job is low-wage, there is no need to submit a transition plan, but there is a cap of the number of low-wage workers an employer can hire. Employers with 10 or more employees applying for a new LMIA will have to meet the cap of 10% of their workforce being foreign workers. Employers must also pay for round-trip transportation for the worker as well as ensure there is affordable housing, provide health insurance (until the worker is eligible), register the employee with workplace safety and provide an employer/employee contract.
Additionally, unemployment rates in provinces and territories determine which regions are eligible for low-wage occupations in certain sectors.
If an LMIA is in a highest-demand occupation, a 10-day service standard is possible. This is because these jobs are considered vital to the country’s economic growth.
After receiving a positive LMIA, employers must send a copy to the foreign worker and must be included in the workers application for a temporary work permit.
Employers must also advertise the job vacancy across Canada for at least four weeks before applying for the LMIA. They must prove they have used various methods to secure a Canadian employee before pursing an LMIA.
Aside from these rules, other general requirements include that you must:
Prove that you will leave the country after your work permit expires.
Not work for any employers who have failed to comply with the employment standards or businesses who engage in the sex trade.
Get a security and background check and submit the police clearance certificate.
Have a medical exam.
Have enough funds to support yourself and your family members for the entire stay in Canada.
A WORK PERMIT THAT ALLOWS YOU TO WORK IN CANADA WITHOUT LMIA
Some temporary workers who come to Canada may be able to do so without the requirements of an LMIA. While the LMIA is not required, a work permit is still needed. The most common examples of when an LMIA isn’t required is when the work is of Significant Benefit, Reciprocal Employment or that of a Charitable and Religious Worker. Because a work permit is still required, it’s advisable to get started as early as possible on the application to avoid any delays if the activities to be performed are time-sensitive.
The Significant Benefit stream is for those whose work is significant and notable, such as that of a professor or someone who has received national or international acclaim among other situations or entrepreneurs wishing to start a business of benefit to Canada, French-speaking skilled workers and others.
Canadian visa officers have a certain amount of flexibility in determining if issuing a work permit to a foreign worker is of a significant social or cultural benefit. The work must be important or notable and this determination would apply on the input of experts within the field – although the foreign worker’s past record is often seen as a good indication of achievement.
Significant social or cultural benefit can be determined a variety of ways including whether the foreign worker has judged the work of others in the field, has taken a leading role in an organization with a distinguished reputation, has significant full-time experience in the field, has received national or international awards or patents and other measures. This may include entrepreneurs or self-employed persons, intra-company transfers, dependents of foreign workers, French speaking skilled workers, academics and those nominated by a province or territory for permanent residence with a job offer.
The Reciprocal Employment stream is when the foreign worker takes up employment in Canada while a Canadian has a similar work opportunity abroad. This may be part of an international agreement that shows the admission of foreign workers is of significant benefit due to an international trade (or other) agreement, or maybe part of an international exchange program such as student, co-op programs, young professional programs and teacher exchanges.
The Charitable and Religious Worker stream is when the worker is not a volunteer, but is someone who provides beneficial charity work to the community. This is in the case of relief of poverty, advancement of education or other purposes that bring benefit to Canadian communities.
As temporary workers, these individuals do not require an LMIA and if the organization is registered with the Canada Revenue Agency as a charity it will make proving the case of a charitable worker easier.
Keep in mind that a charitable worker requires work permit where a volunteer (who is not paid and therefore doesn’t enter the labour market) does not. Charitable workers are paid for their work.
For religious workers, the foreign national must show their primary role is to provide certain religious instruction or promote the religion.
If you think you might be able to work without an LMIA, contact us and we can help.
A WORK PERMIT ALLOWS YOU TO WORK FOR ALMOST ANY EMPLOYER IN CANADA
These work permits allow you to work for almost any employer in Canada. This is important because when one spouse or partner in a relationship is coming to Canada to work on a temporary work permit, the other may also want to work, but doesn’t yet have a job offer. This type of permit isn’t job-specific so it’s also applicable for international students in the post-graduate work program or the spouse of an international student.
For example, one spouse may have already received a job offer, but the other spouse has not applied for jobs in Canada or isn’t sure what kind of work they would like to do in the country when they re-join their family. It is known that international foreign workers are much more successful integrating into Canadian culture when their spouse accompanies them. This type of permit gives flexibility in terms of applying for a job upon arrival.
It is also ideal for spouses who are supporting an international student. These individuals may know they want to come to Canada to be with their partner and support them in their studies but have not determined what kind of work is the best fit.
Ultimately, the open work permit is ideal for those coming to Canada to be with family members but who don’t yet know what work they will prefer in Canada, want to take some time off before re-joining a workforce or haven’t yet determined their skillset and the type of work they are best suited for.
Dates on these permits generally align with those on the work or study permit of the spouse already coming to Canada on a study permit or temporary work permit.
To be eligible, you must be in one of the following situations which may require more documentation:
– Have applied for permanent residence in Canada.
– Are a dependent family member of a permanent residence applicant.
– Are a spouse or common-law partner of a Canadian worker or international student.
– Are a refugee, refugee claimant, protected person or a family member of such.
– Are a temporary resident permit holder,
– Are a young worker in a special program.
Let us know if you are interested and we are happy to help.
PERMANENT RESIDENCE FOR CAREGIVERS
As of June 18, 2019, you may be able to apply for permanent residence through the Home Child Care Provider Pilot or Home Support Worker Pilot if you meet the eligibility requirements and have a job offer to work in one of these occupations.
Through these program, you’ll get an open work permit to come to Canada and work temporarily. This work permit is occupation-restricted (so you have to work in that specific occupation), doesn’t need a Labour Market Impact Assessment (LMIA), lets you get the work experience you need to be eligible for permanent residence
If you recently worked as a home child care provider or support worker, your experience may count towards your eligibility for permanent residence.
You can apply for the Interim Pathway for Caregivers if you have at least 1 year or work experience as a home child provider or a home support worker and meet minimum language and education requirements
LIMITED TIME PATHWAY TO PR FOR IN-HOME CAREGIVERS AND THEIR FAMILIES
The Interim Pathway for Caregivers is a limited time pathway to permanent residence for qualifying in-home caregivers and their families. If you have work experience in Canada as a home child care provider or home support worker, you may be able to apply for permanent residence.
To be eligible to apply, you must have status in Canada, relevant work experience, required language levels and qualifying education. You must also plan to live outside the province of Quebec.
When you apply, you must have a valid work permit or have applied to extend your work permit and be waiting on a decision or have applied to restore your status as a worker
To be eligible, your qualifying work experience must have been gained while working in the Temporary Foreign Worker Program. This means your employer would have needed to get a Labour Market Impact Assessment before hiring you.
Since November 30, 2014, you must have gained at least 12 months of full-time work experience in Canada as a
Home child care provider
Home support worker, or
Combination of the two
For this work experience
Full-time work means at least 30 hours of paid work per week
You can have breaks in employment (for example, on sick leave or parental leave)
Any work experience you had while you were a full-time student doesn’t count
In your application, you’ll have to include documents to show proof of your work experience
Home child care provider
Your work must match the description of a home child care provider
You must have cared for children under the age of 18, in your own home or in your employer’s home
You don’t need to have lived in your employer’s home to qualify
Experience as a foster parent doesn’t count
Home support worker
Your work must match the description of a home support worker
Only home support workers are eligible under 4412
Experience as a housekeeper doesn’t count
You need to take a language test to prove you meet the minimum language skills that are required. To measure your English or French levels, you should have :
The minimum language skill is CLB 5 in English or NLCL 5 in French for all 4 language skills:
You must have a Canadian high school diploma or a non-Canadian educational diploma, certificate or credential that’s equal to a Canadian secondary school (high school) diploma.