Work in Canada

The Canadian Federal Government provinces and territories offer various work programs with different work permits and work visas. Work visas in Canada are issued under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), by Immigration, Refugees and Citizenship Canada (IRCC) in association with the Employment and Social Development Canada (ESDC). The program is purposeful in allowing Canadian employers hire foreign workers to meet the labour market deficit. Which program the applicant must use, is determined by whether the Labour Market Impact Assessment (LMIA) is needed or not; those who do, should apply under the TFWP, while those that don't, should use the IMP. There is a list of LMIA exemption codes to find out the need of LMIA. However, this can be a complicated and a long process. Settle Abroad`s immigration experts can handle the entire application for you.

TFWP Comprises of:

• High-skilled workers
• Low-skilled workers
• Seasonal Agricultural Worker Program
• Live-in Caregiver Program

Types of Work Permits

There are 2 types of work permits offered in Canada:

Open Work Permits:

The open work permit allows the foreign worker to work for any employer in Canada, except for the ones:

• Listed as ineligible on the list of employers who have failed to comply with the conditions or
• Who regularly offers striptease, erotic dance, escort services or erotic massages

These work permits are not job specific and hence the applicant doesn’t need the following to apply for the work permit:

• A Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC); or
• Proof that an employer has submitted an offer of employment through the Employer Portal and paid the employer compliance fee.

There are two types of open work permits:

• Unrestricted (allowing foreign nationals to work in any occupation and location)
• Restricted (restricting the occupation or the location)

Employer-Specific Work Permits:

They allow the foreign worker to work in accordance to the conditions of the work permit issued. The conditions may include:

• The name of the employer the applicant can work for
• The amount of time, the applicant can legally work in the country
• The location where the applicant can work (if applicable)

Work Permit for Business

Business people can come to do business in Canada under a free trade agreement. They can enter and work in Canada, if they qualify under one of these agreements:

• North American Free Trade Agreement (NAFTA)
• Other Free Trade Agreements (FTA)
• General Agreement on Trade in Services (GATS)

Various Work Permit and/or Visa Programs in Canada

Bridging Open Work Permit:

Bridging Open Work Permit is a special work permit that allows the applicant to work in Canada during his/her waiting period of the permanent resident application result. The applicant must have submitted an application for permanent residence under one of the following programs:

• The Federal Skilled Worker Program;
• The Canadian Experience Class;
• The Federal Skilled Trade Program;
• The Care-Giver Program; caring for children class or the caring for people with high medical needs class; or
• The Provincial Nominee Program (PNP)

Eligibility

To be eligible for a BOWP, foreign nationals must:

• Be currently in Canada;
• Have valid status on a work permit that is due to expire within the next 4 months;
• Be the principal applicant on application for permanent residence (APR) under the above mentioned programs;
• Have completed one of the following APR stages:
  • The electronic application for permanent residence (e-APR) submitted under Express Entry has passed the R10 completeness check; or
  • Have received a positive eligibility assessment on their paper APR submitted by mail under one of the economic programs above;
• Have applied for an open work permit;
• Have paid the work permit processing fee and the open work permit holder fee; and
• Have provided, as applicable, evidence (e.g., nomination certificate) that their provincial nomination is unrestricted.

Federal Skilled Worker Program

Federal Skilled Worker Program falls under the Express Entry Program and is a fast-track immigration program. The program is designed for qualified, skilled and experienced individuals to fill Canada`s skill shortages.

Eligibility:

To be eligible for the Canada Federal Skilled Worker Program the applicant will be assessed on the basis of:

• Age
• Education
• Work Experience
• Language proficiency in English/ French
• Whether you have a valid job; and
• Adaptability

To qualify for the Canadian Immigration Visa for permanent residency as a Canadian Federal Skilled Worker applicant, the applicant must:

Work Experience:

• Have at least 1 year of uninterrupted full-time work experience in the past 10 years under skilled occupations with skill type 0,A,B; OR
• Have arranged employment under Canadian employer

Language Ability:

• It is essential for the candidate to demonstrate his/her language proficiency for at least one official language of Canada i.e. English / French.
• Get a minimum score of Canadian Language Benchmark (CLB) 7 in all 4 abilities
• The English language proficiency is tested through IELTS or CLB examination which are both very popular examinations.
• The French Language Proficiency is tested through the test TFI or NCLC.
• Your language tests are valid for 2 years after the date of the test result. They must be valid on the day you apply for permanent residence.

Education:

• Must have a certificate, diploma or degree from a Canadian Institute; OR
• Equivalent education from a foreign institute; must provide an Educational Credential Assessment report from an approved agency showing that your education is equal to a completed certificate, diploma or degree from a Canadian institute.

Proof of Funds:

• Must demonstrate possession of enough money to settle himself/herself and family in unless:
  • Currently eligible to legally work in Canada
  • Have a valid job offer from an employer in Canada

Apart from above mentioned criteria, the applicant must demonstrate eligibility to the express entry pool. Successful applicants are entitled to work and live in Canada after obtaining Canadian permanent resident status and may also be eligible to further obtain Canadian citizenship.

Canadian Experienced Class

Canadian Experienced Class Immigration Program is a federal program managed through the Express Entry. The program best suited for Canada`s foreign workers who seek to become permanent resident of the country.

The CEC program is very popular amongst the international students for achieving permanent residence. After finishing the course of study if the international graduate obtains at least 1 year of work (in a skilled, professional or technical field) on post-graduate work permit, the graduate becomes eligible to the Express Entry Pool under the Canadian Experience Class.

Eligibility:

To be eligible for the Canada Federal Skilled Worker Program the applicant will be assessed on the basis of:

• Age
• Education
• Work Experience
• Language proficiency in English/ French
• Whether you have a valid job; and
• Adaptability

To qualify for the Canadian Immigration Visa for permanent residency as a Canadian Federal Skilled Trade applicant, the applicant must:

Work Experience:

• Have at least 1 year of full-time or equivalent part-time skilled work experience in Canada in last 3 years before filing the application;
• Have gained work experience by working legally in Canada
• Self-employment and work experience gained during full-time study does not count under this program

Language Ability:

• It is essential for the candidate to demonstrate his/her language proficiency for at least one official language of Canada i.e. English / French.
• Surpass minimum language levels of:
  • CLB 7 for managerial jobs (skill level 0) and professional jobs (skill type A)
  • CLB 5 for technical jobs and skilled trades (skill type B)
• The English language proficiency is tested through IELTS or CLB examination which are both very popular examinations.
• The French Language Proficiency is tested through the test TFI or NCLC.
• Your language tests are valid for 2 years after the date of the test result. They must be valid on the day you apply for permanent residence.

Education:

• There is no education requirement for the Federal Skilled Trades Program. But, if the applicant wants to improve his/her rank in the Express Entry pool, there are 2 ways you can do this.
  • Must have a certificate, diploma or degree from a Canadian Institute; OR
  • Equivalent education from a foreign institute; must provide an Educational Credential Assessment report from an approved agency showing that your education is equal to a completed certificate, diploma or degree from a Canadian institute.

Apart from above mentioned criteria, the applicant must demonstrate eligibility to the express entry pool. Eligible applicants must make an expression of interest in immigrating to Canada, create an online Express Entry profile, and receive an Invitation to Apply for permanent residence before they may make an application. Successful applicants are permitted to work and live in Canada after earning Canadian permanent resident status and may also be entitled to further obtain Canadian citizenship.

Provincial Nomination Programs (PNPs)

Provincial Nomination Programs (PNPs) offers expedited immigration processing through programs which allow all provinces of Canada (excluding Quebec) to nominate foreign nationals seeking opportunity to live, work and settle in that particular province. Provincial government selects skilled/ semi-skilled workers, entrepreneurs, investors and international students to fulfil the labour needs of their province.

The Following Provinces and Territories offer Provincial Nominations:

• Alberta
• British Columbia
• Manitoba
• New Brunswick
• Newfoundland and Labrador
• Nova Scotia
• Northwest Territories
• Ontario
• Prince Edward Island
• Saskatchewan
• Yukon

Types of Provincial Nomination Programs

Skilled Worker PNP: This program enables accelerated processing for skilled workers who have a job offer from a local provincial employer who is in business sector which meets local provincial needs.

Business Immigration Program: This program is a fast-track channel for applicants who perform or intend to perform either of the following, establish a new business; make monetary investment; or enter into a joint venture with a local business in the province.

Both the programs entitle the immigrant to work in Canada.

Eligibility

Every province has its own eligibility criteria and streams for their PNP. In order to be entitled for provincial nomination, the applicant must meet the minimum requirement conditions.

• Age must be 21 years or more
• Secure a minimum passing score in the point assessment grid
• Job must lie in the National Occupational Classification (NOC) of that province
• Demonstrate language proficiency as required

In addition to the above mentioned requirements every province has its own set of requirements to nominate the applicant.

Application Process

Application for PNP can be filled through non-Express Entry stream as well as Express Entry stream. The selection process and conditions to get a Provincial Nominee Certificate may be different for different provinces.

Nomination under an Express Entry PNP stream:

Most of the provincial nomination programs are aligned with the Express Entry system. If you are already in the Express Entry pool, and you wish to be considered for the PNP, there are two ways you can get a nomination under a province or territory’s Express Entry stream:

1. Apply to the province or territory directly

• You contact the province or territory and apply for a nomination under their Express Entry stream.
• If the province or territory agrees to nominate you, you create an Express Entry profile (or update your profile if you already have one) and show you have been nominated.
• You get a nomination through your account, which you accept electronically.

2. A province or territory finds your profile and contacts you through your account

• You create an Express Entry profile and show the provinces and territories you are interested in.
• If a province or territory sends you a “notification of interest” to your account, you contact them directly.
• You apply to their Express Entry stream.
• If you are nominated, they will offer it to you through your account, and you accept it electronically.

In both cases, you will need to create an Express Entry profile during the process, so you should do it right from the start.

Nomination under a non-Express Entry PNP stream: This mode of application is for people applying for Provincial Nominee class through the paper-based process (i.e. non-Express Entry). Steps involved include:

• Select provincial PNP program
• Fill out, validate, print, sign and date the application forms
• Pay the fees online
• Mail the application to the Centralized Intake Office (CIO) in Sydney, Nova Scotia, Canada
• The CIO will check to see if the application is complete. If it is, the CIO will send it to the office serving the desired region, to be processed
• That office will contact the applicant if it needs any other documents when it starts processing the application
• If approved, the applicant is ready to travel to Canada

After the PNP approval, federal approval involving the police, medical and security checks are still required. This usually takes up to 6-8 months. After PNP nomination has occurred the PNP can assist the nominee to obtain a work visa on an expedited basis.

Significant Benefit Work Permit

Significant Benefit Work Permit is a temporary visa typically valid for up to three years. It allows artists, entrepreneurs, foreign workers and investors, among other individuals, to come to Canada and contribute in economic, cultural and social benefits of the country. This visa does not require a LMIA.

Eligibility:

1. The Intra-Company Transferee

This category is for individuals who work in foreign companies that have branches or subsidiaries in Canada. It is only for employees in managerial, executive, or specialized knowledge positions. Individuals must also meet all job qualifications for the position.

2. Canadian Interests

This category is for individuals who offer more social or cultural benefit to Canada. The focus is not on economic benefits. People who fall under this category are for instance, artists and musicians who would bring awareness in Canada of important subjects.

3. Entrepreneurs and Self-Employed Candidates

This category focuses on individuals who want to start a business in Canada and who do not really qualify for a permanent resident application for one reason or the other. These individuals have to prove that their intended business will have an economic, social, or cultural impact in the country.

4. Emergency Repairs

This category is for foreign workers who come into the country to make repairs on industrial machinery and equipment. This way, Canadian workers are not disrupted. Individuals have to show their contribution to each of the repairs they make.

Temporary Work Permits for Spouses/ Common-law Partners of Study Permit Holder

The spouse or common-law partner of a study permit holder may apply for an open work permit if the study permit holder:

• Is full-time student at a:
  • Public post-secondary school, such as a college or university, or CEGEP in Quebec
  • Private college-level school in Quebec or
  • Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree) and
• Has a valid study permit.

The work permit for the spouse or common-law partner is valid for the same period of time as the study permit and allows the spouse to work on or off campus full-time. The spouse/partner can apply for a work permit before or after they arrive in Canada. There is no requirement of a job offer for this category of work permit.

How to apply

There are two ways to apply for a spouse or common-law partner work permit:

1. Apply online

To apply online you must have:

• Access to a scanner or digital camera to make electronic copies of your documents for uploading; and
• A valid credit card to pay with.

2. Apply on paper

Follow these three steps:

• Get the application package
• Complete application and attach documents
• Submit your application to CIC Case Processing Centre

Caregiver Program

Canada provides work permits for families wishing to hire caregivers under the Temporary Foreign Worker Program (TFWP). There are two TFWP streams:

• Caregivers for children
• Caregivers for the elderly or people with high medical needs

Employers are required to obtain a Labour Market Impact Assessment (LMIA) to show a foreign worker is not taking a job from a Canadian citizen or permanent resident.

Under both streams, caregivers must:

• Provide full-time care (at least 30 hours per week).
• Work in the private household where care is provided.
• Meet requirements set by Employment and Social Development Canada and IRCC.

Both caregiver streams have pathways to Canadian permanent residence. They are also entitled to include immediate family members in their application for permanent resident status and obtain permanent resident status them at the same time.

Work Immigration without a Job Offer

There are various immigration program which do need a job offer from Canada, to be eligible to apply, but is advisable to secure a job in Canada before applying so as to secure extra CRS score. If you intend to migrate to Canada without obtaining a job offer letter from a Canadian employer, waste no time and contact Settle Abroad visa councillor today to discuss various possible options suited to you requirements and circumstances. Our experts are here to make the immigration task easier for you.

• Express Entry: The application is usually processed in 6 months or less
• Quebec Skilled Worker Program (QSWP): This program takes a usual time of 6 months for processing.
• Provincial Nominee Program (PNP): The application under this immigration program takes approximately 6 months to process.
• Family Sponsorship: It may take about 6 months to 12 months to immigrate to Canada via family sponsorship program.
• Canadian Experience Class: The processing time may take approximately 6 months under this program.

Work Permit Application Process

There are following steps involved in the process of applying for a work permit or work visa:

1. Gather Documents

• Proof of Identity
• Proof of Employment in Canada
  • For LMIA-exempt work permit: The Offer of Employment number (provided by employer)
  • If LMIA is required to work: A copy of Labour Market Impact Assessment (LMIA) from ESDC (provided by employer), AND a copy of an employment contract (from employer)
  • Proof of Relationship
  • Other Related Documents

2. Fill out the Application

• Fill Form
  • Personal Details
  • Language
  • Passport Details
  • Contact Information
  • Details of Intended Work in Canada
  • Education
  • Employment
  • Background Information
  • Family Information

3. Pay the Fees

• Application Processing Fee
• Open Work Permit Holder Fee
• Biometric fee

4. Submit the Application

5. The Application Process

• Submission - Completion Check
• Processing- Review for Decision
• Arrival in Canada if approved