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Overview

Work Permit is a written authorization to work in Canada issued by the Canadian High Commission to a person who is not a Canadian Citizen or permanent resident of Canada. It is normally valid for specific period of time and for a specific job. The work permit is issued based on the Labour Market opinion through a HRSDC confirmation that the particular job is in high demand in Canada. A foreign individual (i.e., one who is not a Canadian permanent resident or citizen) who intends to work in Canada is typically required to possess a work permit or other authorization 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 a foreign country. A Canadian work permit is a temporary resident visa issued by Citizenship and Immigration Canada to grant permission to foreign workers seeking to engage in employment in Canada. It most commonly has maximum validity of up to one year, although work permits can be issued for up to three years in some cases. The Work Visa to Canada offers various Federal, State and Provincial work visas that provide workers at all levels the opportunity to live and work in Canada. Work permit authorization is necessary in every Canadian province to engage in work. However, foreign workers seeking to be employed in the province of Quebec may sometimes be additionally required to obtain a Certificate d'acceptation du Québec (CAQ) to be eligible to seek a Canadian work permit. In addition, there are circumstances in which a foreign worker may be allowed to engage in work in Canada without a permit. The most common example of such is the Business Visitor (R186a). A work permit is a temporary resident visa and does not lead directly to a Canadian permanent resident visa. However, there is no bar to an application for permanent resident status while residing in Canada as a temporary resident with a work permit. Possession of a Canadian work permit may facilitate admissibility for a permanent resident visa. A Canada Temporary Work Permit is for those foreign skilled workers who plan on working in Canada for a finite period of time. To work and live in Canada on a Permanent basis, foreign workers must undertake the Canadian immigration process.
However, a Temporary Work Permit may be a stepping stone to Canadian Permanent Residency. Once in Canada on a Temporary Work Permit, a foreign worker may qualify for Canadian immigration (Permanent Residency) under the Canadian Experience Class (CEC), through a Skilled Worker category, or through one of the Provincial Nominee Programs (PNP).

Obtaining a Canada Work Permit, Canada Work Visa to Canada is a two step process
  • The employer has to obtain a letter of confirmation from HRSDC
  • The employee must apply for Canada Work Permit, Canada Work Visa to Canada consulate
Eligibility Requirements

Applying from outside Canada: Additionally the following requirements should also be met:

To be eligible to obtain a Canada Work Permit, Canada Work Visa a foreign national must have a job offer from the Canadian employer. Foreign workers must generally obtain a positive Labour Market Opinion (LMO) from Service Canada, unless the work category is exempt from the LMO process. The Labour Market Opinion confirms that the Canadian employer is authorized to employ a foreign worker. The Canadian High Commission must be presented with the fulfilling requirements of the Immigration and Refugee protection act and Regulations. The candidate must also:

  • The applicants should demonstrate that they intend to leave Canada at the end of the employment period.
  • Submit a Business Proposal or Relocation and Settlement Plan
  • The applicants should provide a proof of sufficient financial funds to support themselves well as their dependents during their stay in Canada
  • The applicants should not have any criminal records
  • Should have experience in the related Occupation
  • The applicants have to prove that they are not a risk to the security of Canada
  • The applicants should meet the health requirements.
  • Produce any additional documents as required by the CHC.
  • Other criteria may apply

In most cases, foreign workers must have obtained a labour market opinion from their potential employer before applying for a work permit For the purpose of the TFWP, the employer must have an employment (employer-employee) relationship with the foreign worker who agrees to work for him/her for a specified or indeterminate period of time in return for salary or wages.

Applying from inside Canada To apply for a Canada Work Permit, Canada Work Visa from within Canada, the applicant needs to:

  • have a valid study or Canada Work Permit, Canada Work Visa, or their spouse or parents have a study or Canada Work Permit, Canada Work Visa
  • have a Canada Work Permit, Canada Work Visa for one job but are applying for a Canada Work Permit, Canada Work Visa for a different job
  • have a temporary resident permit that is valid for six months or more or
  • prove their residence status in Canada because of an application for permanent residence filed from inside Canada. To be eligible to apply for a Canada Work Permit, Canada Work Visa, the main application should have passed certain stages.

Role of Human Resources and Skills Development Canada (HRSDC).
An HRSDC Confirmation for a job is an opinion given to the Canadian High Commission which helps determine the CHC that the employment of the foreign worker is likely to have a positive or a negative impact on the Labour Market in Canada. An HRSDC confirmation may be required in order for a work permit to be issued. The HRSDC confirmation process is initiated by the Prospective employer who contact and gets the job offer from the HRSDC. The form is then filled and submitted back to the HRSDC which further considers several factors including availability of Canadians and the offered wages to the economic benefit to the prospective foreign worker. The HRSDC assesses the impact of employing a foreign national for a specific position, to ensure that the employment is genuine and that it will not have an adverse impact on the Canadian labour market. Foreign nationals will apply for a work visa from Citizenship and Immigration Canada, on obtaining a confirmation from the HRSDC. It is the employer’s responsibility to ensure that the candidate holds necessary permits and he/she complies with the conditions and limitations.

The employer:

  • Can be a company, organization or individual.
  • Has the authority to decide where, when and how the work will be done.
  • Directly benefits from the work performed by the foreign worker.
  • Is obligated to meet all the requirements of the labour market opinion and employment contract (in cases where a signed contract is required).
  • Pays the workers wages or has hired a company to do so on his/her behalf.

The employment relationship provides some assurance that:
A genuine job exists with a set wage rate and clear working conditions.

  • The worker will be employed full-time and will be covered by provincial labour laws, medical coverage and worker’s compensation.
  • Deductions for Income Tax, Employment Insurance and Canada/Québec Pension Plan purposes will be made.


 

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