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Aades Immigration

Work Permit

Aades Immigration
Aades Immigration

Work Permit Visa

Canada Work Permit, or a Work Visa, is issued to eligible overseas individuals to work in that country for a specific time period. People need to apply for a Work Visa only after getting a job offer or an employment contract from a Canadian employer. The employer must obtain from ESDC (Employment and Social Development Canada) an LMIA (Labour Market Impact Assessment), which gives them permission to recruit foreign skilled workers for occupations that cannot be filled in by citizens or permanent residents of Canada.

As one of the world’s leading economies Canada is a great destination for individuals seeking to work abroad. The Canadian Work Permit Visa allows business people, permanent workers, temporary workers, students and others to work in Canada. Typically, applicants need to have a job offer in hand in order to apply for the work permit visa. With our end-to-end overseas career solutions, Aades Immigration can help you find a job and apply for a Canadian Work Permit Visa.

Aades Immigration

Labour Market Impact Assessment (LMIA) based work permits

  • Requirements to advertise position
    An LMIA is an employer-driven process because it is initiated by the employer in the first place and not by the employee. The purpose of the LMIA is to ensure that the foreign worker about to be recruited for a job position in Canada is not going to negatively impact any Canadian.
    The Employment and Social Development Canada (ESDC) ensures that all is above board and looks closely at information that the employer provides including:
    • All job vacancies must be advertised at least four(4) weeks before applying for the LMIA
    • At least two different recruitment methods in addition to the advertisement for the job position must be used
    • Information about the position on offer
    • The number of Canadians that have applied for the position
    • The number of Canadians interviewed for the position. And
    • An explanation about why the Canadians that were interviewed were not hired
  • Meet the necessary wage requirement
    When an employer applies for an LMIA for a high wage employment position they will also be required to provide a transition plan to the ESDC. The plan should basically provide a way forward that will demonstrate how the employer plans to reduce reliance on foreign workers. Additionally, the employer should provide proof that they are investing in skills training for Canadian’s. Proof that the employer is to assist the temporary foreign skilled worker to become a Canadian permanent resident can also qualify as part of the transition plan. Providing a report on the progress of the transition plan may also be required.
  • Approval required for government to assess that market impact
    Employers should also be aware of certain criteria that affect whether or not the ESDC process an LMIA application or not. For example, he LMIA will not be processed if the listed occupation is categorized as Skill level D in the National Occupation Classification.

Labour Market Impact Assessment (LMIA) based work permits

  • LMIA exempt work permits
    Typically an employer needs an LMIA in order to support a job offer to a temporary foreign worker. However, there are a few cases when this rule does not apply. Essentially, some jobs are exempt from an LMIA.
    For ‘Express Entry’ jobs the employer isn’t required to apply for an LMIA under the following conditions:
    • If you have put in at least one full year of full-time work for your employer
    • If you have a valid job offer
    • If you have a valid work permit for Canada exempt from an LMIA due to a federal-provincial agreement, an international agreement or if the job is in the ‘Canadian interests’ category
    International agreements that can exempt the need for an LMIA include; NAFTA or GATS and non-trade agreements. This can include trader’s professionals and investors.
    As for federal-provincial agreements, this includes ‘significant investment’ projects’. While for “Canadian interests” reasons, an LMIA may be exempt if, for example, the employer can prove that the foreign worker will bring an important cultural, social or economic benefit to Canada.
  • InterImmigration transfers
    International companies can in some cases temporarily assign their qualified foreign employees to Canada for different reasons. For example, if there is a need to expand Canadian exports, if there is a need to enhance managerial effectiveness, and if there is a need to enhance business competitiveness in foreign markets. Inter Immigration transfers are generally steered by the Immigration and Refugee Protection Regulations and certain general provisions. They are also guided by provisions of international trade agreements like the General Agreement on Trade in Services (GATS), for citizens of the signatory countries.
  • NAFTA or other international agreements
    Provisions of international trade agreements like General Agreement on Trade in Services (GATS) and NAFTA provide for reciprocal temporary entry for business persons. Those eligible under the provisions of such agreements will not require a Labour Market Impact Assessment (LMIA) but will still require a work permit.
  • International Exchange Programs
    For foreign candidates that qualify for the International Experience Canada (IEC) pool(s), they do not need an LMIA but they will however still require a work permit. In order to participate in the International Experience Canada (IEC) pool, the candidate will need the following requirements:
    • Their country of origin must have an agreement with Canada that allows them to apply for an IEC work permit
    • They may be able to use a Recognized Organization.
    • They can choose from one of three travel or work experiences including: Working Holiday, International Co-op Internship and Young Professionals.
  • Post Graduate Work Permits (PGWP)
    You may also be eligible for a Post Graduate Work Permit (PGWP) without the need to have an LMIA if you want to work in Canada after completing your post-graduate studies in Canada. To apply for the PGWP, you need to follow three key steps including:
    • Getting an application package that includes an application guide and all the necessary forms that you need to fill in
    • You then need to pay application fees including the standard Work Permit fee and the “Open Work Permit Holder” fee
    • Finally, you need to submit your application to a mailing address that is found in the application package.
  • Off-campus work permits for students
    For certain students, working off campus is allowed as long as they work not more than 20 hours every week on a normal academic school session and full time if on a regular campus break. These conditions only apply under the following circumstances:
    • If the student holds a valid student permit.
    • If the student does full-time study in a designated college or university.
    • If the study program is at least six months in duration and must lead to a degree, certificate or diploma.
    • The program enrolled in is a vocational, professional or post-secondary academic training program offered in Quebec (not necessarily forQuebec immigration purposes).
    • They are compliant with all the terms of their study permit including conditions for engaging in off-campus work.
  • Bridging work permits
    As a person currently working in Canada and awaiting the results of a permanent residence application to live in Canada, you may apply for a bridging work permit that will allow you to keep working as you await the results of your permanent residency application.
    In such a situation, your current work permit must be not more than 4 months before it expires. Some of the other conditions for qualification include the following:
    • You must currently be in Canada,
    • You must apply for an ‘Open Work Permit’ in your work permit application form
    • You must apply under specific programs including; Provincial Nominee Program, Canadian Experience Class, Federal Skilled Trades Program and such.