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[rev_slider_vc alias=”workers”]

TEMPORARY WORKERS

Most foreign workers to work in Canada on a temporary basis need to obtain a work permit. To obtain a Canadian work permit, also known as a Canadian work visa, foreign nationals must receive a job offer from a Canadian employer. An offer of employment is usually required before the worker may be granted a Temporary Work Permit by Employment and Social Development Canada (ESDC).

There are four basics steps to apply for a Canadian work visa:

STEP 1 - GET THE DOCUMENTS FROM YOUR EMPLOYER

Before a person can apply for a work permit, he/she needs to get a positive Labour Market Impact Assessment (LMIA) from the employer and a job offer. LMIA is a document from Employment and Social Development Canada/Service Canada that gives an employer a permission to legally hire a foreign worker. Furthermore, an employer may need to pay an employer compliance fee and submit an offer of employment form to Immigration, Refugees and Citizenship Canada through the Employer Portal.

Work Permits may be issued by Canadian immigration officials without the LMIA requirement in a limited number of situations, as follows:

  • Under international agreements, such as the North American Free Trade Agreement (NAFTA);
  • Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;
  • As part of reciprocal agreements Canada and its provinces/territories have entered into with other countries, such as youth and teacher exchange programs;
  • International students studying in Canada as co-op interns;
  • Spouses/common-law partners of Work Permit and certain Study Permit holders
  • When the nature of the work is charitable or religious;
  • In recognition that certain persons in Canada for reasons other than the above-mentioned

Once the LMIA is granted, the Canadian employer can provide a temporary job offer to the foreign worker. The employer must send a copy of the positive LMIA along with a detailed job offer letter to the foreign worker.

STEP 2 - APPLY FOR A WORK PERMIT

With an official job offer letter and positive LMIA, the foreign worker can apply to ESDC for a Canadian Temporary Work Permit.

There are different ways to apply for a work permit, depending on where a person decides to apply from:

  1. Outside Canada
  2. Inside Canada, or
  3. As she/he enters Canada

Anyone may apply for a work permit before they enter Canada. However, certain requirements must be met in order to apply from inside Canada, or as they enter Canada.

A person can only apply for a work permit from inside Canada if he/she:

  • Is currently in Canada and have a valid study or work permit, or his/her spouse or parents have a study or work permit,
  • Has graduated from a program at a Canadian university, community college, CÉGEP, publicly funded trade/technical school, or other eligible school
  • Has a temporary resident permit that is valid for six months or more, or
  • Is in Canada and has already applied for permanent residence from inside

A person can ask to be allowed to work in Canada as he/she enters Canada only if she/he:

  • Is from a visa exempt country,
  • Already hold a valid medical certificate,
  • Has proof that his/her employer has received a positive LMIA, if needed
  • Has the offer of employment number, if she/he does not need an LMIA and will be working for a specific employer

Note: Hiring a foreign national in the province of Quebec, the foreign worker may also need to obtain a Certificat d’acceptation du Québec (CAQ) in order to work temporarily in Quebec. There are specific job categories in Quebec that are ‘facilitated’ and eligible for streamlined processing.

STEP 3 - PAY APPLICATION FEES

The applicant can pay his/her application fees in a different ways depending on the fee type and where he/she is paying from.

Note: Please note that if a person applies on a paper at a VAC (Visa Application Center), she/she will have to pay additional VAC service fees. These fees are not included in the IRCC application fees.

STEP 4 - RECEIVE A CANADIAN WORK PERMIT

The Canada Temporary Work Permit will be issued when the foreign worker arrives in Canada, by a Canada Border Service Agency (CBSA) officer.

Note 1: Your spouse or common-law partner and your dependent children may apply to come to Canada with you, and, if they wish, apply for a study or work permit.

Note 2: A work permit does not let you live in Canada permanently. To do so, you must qualify under an immigration category as a permanent resident.

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