Canada Work Permit, Canada
Work Visa

Overview

Canada has been experiencing significant labour shortages and over 90, 0000 workers enter Canada each year to take up jobs in the skills shortage area. Last year 143,000 foreign workers entered Canada through work visas such as Temporary Canada Work Permit, Canada Work Visa and industry specific visas such as such as the Live-In Caregiver visa and the Information Technology Workers visa.

The Canada Work Permit, Canada Work Visa is a temporary visa that allows foreign nationals to live and work in Canada. It is not a points-assessed category and the foreign national does not have to meet any point’s threshold in order to qualify.

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

The basic requirement is to have an employment offer from a Canadian employer, who should demonstrate that they are unable to find suitable Canadians/permanent residents to fill the jobs and that the entry of these workers will not have a negative impact on the Canadian labour market. The employer has to obtain a letter of confirmation (LOM) from Human Resources and Development

Canada's (HRSDC) unless exempted. Exemptions exist that allow the applicant to apply directly to CIC for Canada Work Permit, Canada Work Visa with out having to obtain letter of confirmation.

Additionally, applicants will also require temporary resident visa to stay in Canada at an overseas Canadian visa office. Work visa holders will be allowed to come and work in Canada for the sponsored employer in the specified role for a period between 6 months to 2 years. They can bring their dependents along with them. Accompanying partners and children may also be eligible to work and study

The work visa will not pave a way for permanent stay in Canada instead the applicant has to qualify under an immigration category, such as the skilled worker. Live-in caregivers can stay in Canada permanently if they meet certain requirements.

Eligibility

Applying from outside Canada

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.

Additionally the following requirements should also be met :

• The applicants should demonstrate that they intend to leave Canada at the end of the employment period.
• The applicants should demonstrate that they have enough financial funds to support themselves well as their dependents
• The applicants should not have any criminal records
• The applicants have to prove that they are not a risk to the security of Canada
• The applicants should meet the health requirements.
• The applicants should be in a position to submit any additional documents required.

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.

In addition to the above, the applicant should have an offer from a Canadian employer and obtain a positive Labour Market Opinion (LMO), unless exempt. The applicants should also prove their financial capability to support themselves and their family, meet health requirements and criminal checks.

Human Resources and Skills Development Canada (HRSDC)

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.

Canada Work Permit, Canada Work Visa Exemptions

Some temporary jobs in Canada do not need Canada Work Permit, Canada Work Visa but require a temporary resident visa. Canada Work Permit, Canada Work Visa is not required for the following categories

• Business visitors
  who enter Canada to engage in international business do not require a Canada Work Permit, Canada Work Visa provided they do not directly enter the Canadian labour market, their main place of business and source of payment is outside Canada.
• Foreign representatives
  who are Diplomats and official representatives of other countries or the United Nations can work in Canada without a Canada Work Permit, Canada Work Visa.
• Staff and Family members of Foreign Representatives
  can also work in Canada with out a Canada Work Permit, Canada Work Visa, provided they submit a "no objection letter" from the Department of Foreign affairs and International Trade.
• Military personnel
  do not require a Canada Work Permit, Canada Work Visa provided they have movement orders stating that they are entering Canada under the terms of the Visiting Forces Act.
• Foreign government officers
  can work in Canada without the need for a Canada Work Permit, Canada Work Visa provided they submit an official letter of agreement from their country that their period of work is no longer than three months. Government officials work in each other’s government departments, under the exchange agreement that Canada has with some countries
• Students working on Campus
  The Canadian government in certain circumstances permit an overseas student to work in Canada without a Canada Work Permit, Canada Work Visa. The work undertaken should be in the campus of the institution where they are studying.
• Performing artists
  who enter Canada can work without holding a Canada Work Permit, Canada Work Visa if it is for limited period of time and the work is not in bars or restaurants or for a TV, motion picture or radio broadcast.
• Foreign teams, athletes and coaches
  can compete in Canada without a Canada Work Permit, Canada Work Visa
• Foreign news reporter
  working in newspapers, television channels, news agencies or companies involved in reporting news events can work in Canada
• Public speakers
  can work in Canada provided their event lasts no longer than 5 days.
• Organizers
  and administrative staff of international meetings or conventions being held in Canada do not need a Canada Work Permit, Canada Work Visa.
• Clergy
  who enter Canada to perform religious duties or assisting a religious group
• Health-care students
  are permitted to work in Canada without having a Canada Work Permit, Canada Work Visa for the purpose of their training, limited for a period of 4 months
• Foreign members of crews
  working on foreign vehicles do not require a Canada Work Permit, Canada Work Visa if the vehicle is in Canada for the international transportation of cargo or passengers
• Apart from the above the foreign nationals who are Emergency service providers, Expert witnesses or investigators, Examiners and evaluators, Judges and referees, Convention organizers, Athletes and coaches are permitted to work in Canada without holding a Canada Work Permit, Canada Work Visa visa.

Temporary Resident Visa Exemptions

Some immigrants who do not require any temporary visa to stay in Canada include

• Nationals of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei Darussalam, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Republic of Germany, Greece, Iceland, Ireland, Israel (National Passport holders only), Italy, Japan, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Solomon Islands, Spain, Swaziland, Sweden, Slovenia, Switzerland, United States, and Western Samoa;
• The people who are legally permanent residents of Canada and who hold their alien registration card or who can provide other evidence of permanent residence.
• Nationals of British and British Overseas nationals who are permitted to re enter the United Kingdom.
• Citizens of British dependent territories who gain their nationality through birth, descent, registration or naturalization
• The persons born, naturalized or registered in Hong Kong and holding British National (Overseas) Passport issued by the Government of the United Kingdom
• The people who holds Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People’s Republic of China
• The people holding passports or travel documents issued by the Holy See.

Extension of Canada Work Permit, Canada Work Visa

The applicant can apply for an extension of the Canada Work Permit, Canada Work Visa in Canada in the following circumstances

• If the job of the applicant is extended or changed then the applicant has to apply for change of condition of the Canada Work Permit, Canada Work Visa before the current permission to stay gets expired.
• If the applicant is offered a new job then he/she has to apply for a new Canada Work Permit, Canada Work Visa
• The current Canada Work Permit, Canada Work Visa allows the applicant to work in Canada temporarily, but if the applicant intends to work and stay in Canada permanently then they need to apply for different visa category such as skilled worker category.
• If the applicant intends to re-enter Canada after the Canada Work Permit, Canada Work Visa has expired he/she has to hold a valid passport or travel document or Canada Work Permit, Canada Work Visa.

Benefits

The features of this visa are it allows the applicants as well as their immediate family members to enter Canada and work there temporarily. This is not a points-based category and the applicant does not have to satisfy the eligibility criteria to work in Canada.

The foreign worker is eligible for the following benefits provided by employment insurance as Canadian permanent residents

• Regular benefits
• Sickness benefits
• Maternity benefits
• Parental benefits
• Compassionate care benefits

Dependents

Dependents are permitted to accompany the applicant as long as they apply along with the applicant or else they have to lodge a separate application .Dependents include spouse, common law partner, and children. Dependents are allowed to work in Canada provided they apply and hold a valid Canada Work Permit, Canada Work Visa

Applicants from a country whose nationals need a Temporary Resident Visa, or TRV, usually known as a visitor visa, would also be required to apply for a visa application.

Special Conditions

Certain categories of professionals may not require a Canada Work Permit, Canada Work Visa and have their own eligibility requirements and, or they may have Canada Work Permit, Canada Work Visas approved in a shorter time.

The industry sectors to which a special criteria is applied to hire a foreign worker include

• Information Technology
• Live-in-caregivers
• Business People
• Academics
• Seasonal Agriculture
• Film and Entertainment
• Pilot Project for Occupations Requiring Lower Levels of Formal Training

Information Technology Worker Visa

Hiring foreign information technology specialists will help the employer to bring skills and knowledge to their company and help Canada become a world leader in innovation. Canada has simplified the entry process for workers whose skills are in high demand, by fast-tracking the visa process. Employees of certain categories are exempted from the requirement of HRSDC approval and Canada Work Permit, Canada Work Visa, thereby allowing foreign workers to enter and work in Canada in a relatively short time.

Apart from HRSDC and CIC cooperation with employers, Software Human Resource Council have developed a facilitated process for hiring foreign IT specialists in high demand occupations

Qualified individuals must meet certain requirements in terms of education and employment experience in order to qualify for the work visa. Applicants should provide evidence of sufficient experience in the specified IT industries and specified products or technologies and must be able to communicate in English or French.

To apply for this visa, applicants must have an offer of employment for one of the following occupations from a Canadian employer:

• Senior animation effects editors
• Embedded systems software designers
• MIS software designers
• Multimedia software developers
• Software developers - services
• Software products developers
• Telecommunications software designers

Applicants holding an offer of employment in the above occupations do not need to obtain a validated job offer from the local HRDC. Applicants can apply for an employment authorisation (EA) or work visa from CIC directly at a CIC Mission abroad or at a Port of Entry. A temporary employment authorization is issued by an immigration officer that enables the holder to work in Canada for a specified employer and for a specified period of time

The applicants of the following occupations are exempted from obtaining the approval of HRSDC provided they are citizens of the US and Mexico

• Computer Systems Analysts with a Bachelor's degree, or a post-secondary degree, or a post-secondary diploma and three years work experience
• Engineers with a Bachelor's degree or state/provincial license
• Graphic Designers with a Bachelor's degree, or a post-secondary diploma, or a post-secondary certificate and three years work

Basic Features of the Information Technology Worker visa

• Applicants will be allowed to live and work in Canada generally between 6 months and 2 years.
• Spouse and children may be eligible to work and study during their stay.
• The Canada Work Permit, Canada Work Visa can be extended if they wish to continue working in Canada
• They can convert their visa to a permanent residence visa
• The permanent residence application can be made simultaneously, they will be allowed to work and stay in Canada while their application is being processed.

Foreign workers wanting to work in Quebec must obtain a certificat d’acceptation du Québec (CAQ) in order to apply under this fast-tracked processing. For more information - Ministère de l’immigration et des Communautés culturelles

Live-in Caregiver Program

Live-in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision. These individuals must live in the private home where they work in Canada.

Live-in caregivers can work and live with a Canadian family for at least 2 years and if eligible can apply for permanent residency from within Canada.

There are several steps that have to be followed by both employer as well as employee to meet the requirements of Live in care givers.

Eligibility Criteria - Employer

• The employer must apply to Human Resources and Social Development Canada for a positive confirmation on the job offer. The positive labour market opinion (LMO) from the HRSDC/Service Canada centre will include information on acceptable wage standards, taxes, health insurance, workers’ compensation and employer responsibility.
• Make a job offer to the employee that has primary care giving duties for a child or an elderly or disabled person
• The employer can hire a foreign worker as live in- care giver provided he/she agrees with the following conditions
• Has sufficient income to pay a live-in caregiver
• Provide acceptable accommodation in a private home
• The caregiver should have a private, furnished room within the employer’s home
• The applicant should be employed on a full-time basis
• The applicant should meet the requirements set by Citizenship and Immigration Canada to function in the Canadian labour mark

Eligibility Criteria - Employee

• A job confirmation letter from a Canadian employer – The job offer letter should be reviewed and approved by HRSDC and should meet provincial labor standards.
• A written contract with your future employer – The contract will include details of job duties, working conditions, suggested pay and legal responsibilities of the employer.
• Successful completion of the equivalent of Canadian secondary school
• Prove that the applicant has at least six months’ training, or at least one year of full-time experience (including six months with one employer) during the past three years
• Good knowledge of English or French
• A Canada Work Permit, Canada Work Visa before you enter Canada

Extending the stay

The applicant is allowed to stay for a period of 3 years and 3 months. The applicant should get Canada Work Permit, Canada Work Visa renewed before it expires. The applicant will be eligible to apply for permanent residency in Canada once he/she worked there for a period of 2 years as a live-in caregiver.

The applicant can change the employer for personal reasons. HRSDC-Service Canada centre will have information regarding current vacant live-in caregiver positions. The applicant is permitted to work under employer named on the Canada Work Permit, Canada Work Visa. The new employer should get positive conformation from HRSDC before they hire the applicant.

After gaining 2 years of Canadian experience, caregivers can apply for an open Canada Work Permit, Canada Work Visa that will allow them to work any employer.

Basic Features of the Live-in Caregiver visa

• Applicants will be allowed to live and work in Canada for one year, which can then be renewed for another2 years.
• Applicants can change employers during their stay in Canada
• After obtaining at least 2 years of Canadian work experience, caregivers can apply for an open Canada Work Permit, Canada Work Visa allowing them to work for any employer.
• The Open Canada Work Permit, Canada Work Visa can be converted to a permanent residence visa
• The permanent residence application can be made simultaneously with their application for open Canada Work Permit, Canada Work Visa.
• Spouse and children can be included in the permanent residence visa application.

Academics

Canada in order to meet their staffing and teaching needs and to attract new knowledge and expertise to Canadian campuses, has exempted foreign academics from the requirement of HRSDC confirmation or Canada Work Permit, Canada Work Visa. This is to help degree-granting post-secondary educational institutions in Canada.

Academics exempted include

• Academic consultants and examiners;
• Graduate assistants;
• Self-funded researchers

Academics that require a Canada Work Permit, Canada Work Visa but not the approval of HRSDC include

• Post-doctoral fellows;
• Research award recipients;
• Eminent individuals, for example leaders in various fields;
• Guest lecturers;
• Visiting professors;
• Citizens of the U.S. and Mexico appointed as professors under the university, college and seminary levels of the North American Free Trade Agreement (NAFTA);
• Citizens of Chile appointed as professors under the Canada Chile Free Trade Agreement (CCFTA

Criteria

Canadian educational institutions should meet the following criteria before hiring any foreign academics for a position in Canada

• Advertise the vacant position in Canada as well as abroad simultaneously for reasonable length of time, usually about one month, in order to allow broad exposure of the vacancy to Canadians and permanent residents
• An effective medium of advertising should be used to attract appropriate candidates for the position
• The advertisement should include a statement: "All qualified candidates are encouraged to apply; however Canadians and permanent residents will be given priority
• Complete the Foreign Academic Recruitment Summary
• Should prepare an annual summarized report on recruitment practices for Canadian academics and its results.

Seasonal Agricultural Worker Program

The Agricultural Worker program was designed to help producers hire foreign workers to meet their labour needs during peak agricultural periods when Canadian workers and permanent residents are not available. Seasonal workers can be employed form Mexico and certain Caribbean countries through Seasonal Agricultural Worker Program (SAWP). Seasonal workers can be hired from non participating countries through Pilot Project for Occupations Requiring Lower Levels of Formal Training. This program allows the agricultural workers to work in territories do not participate in SAWP

The employment period should be for a minimum of 240 hours within a period of six weeks or less, for a maximum duration of eight (8) months between January 1 and December 15.

If the employer is living in a non participating territory then he/she has to apply for an LOM on their own or hire a third-party representative to act on applicant’s behalf.

Requirement Employee

• The employee should be at least 18 years old
• The employee should be a citizen of a participating country
• The employee has to satisfy immigration rules of home country as well as Canada
• The employee is supposed to meet certain expenses that include
• a portion of the airfare (except in British Columbia where employers pay full fare) based on the agreement between the worker’s country of residence and the Government of Canada;
• Employment Insurance premiums;
• Canada Pension Plan premiums;
• Canadian income tax;
• the work authorization or work visa fee.
• Other deductions may also apply based on the worker’s country of residence

Employer

The employer should demonstrate that all recruitment efforts have been taken to recruit Canadians or permanent residents

Advertisements should include the employment conditions and wage rate paid (equal to Canadian worker wage rate or wage rate set by HRSDC/Service Canada which ever is higher)

Before applying for the LOM the employer must agree to

• Meet all the transportation cost right from the source country to work destination.
• Agree to pay the worker’s immigration visa cost-recovery fee, which can be recovered through payroll deductions.
• Provide free seasonal housing for the worker
• Register name of the worker with workers' compensation and a private or provincial health insurance plan, whichever is applicable
• Prepare and sign employee contract that includes terms and conditions

Film and Entertainment

Hiring foreign workers in the film and entertainment industry can bring unique international talent to Canada and support cultural exchange. In most of the cases foreign film and entertainment workers need HRSDC approval and Canada Work Permit, Canada Work Visa to enter Canada. However, some exceptional cases that do not require HRSDC and Canada Work Permit, Canada Work Visa requirement. Include

• Producers of film, television, video and documentary projects funded entirely from outside of Canada;
• Panel of judges at music and dance festivals
• Performance artists and their supporting staff provided they do not perform in bars or restaurants or Work on the production of a film, television, radio, or Internet broadcast or enter into an employment relationship with the Canadian organization contracting for their services.
• Actors and workers on a film co-production between Canada and a foreign country do not require a HRSDC permission but require Canada Work Permit, Canada Work Visa

Pilot Project for Occupations Requiring Lower Levels of Formal Training

This program was designed to allow Canadian employers to hire foreign workers temporarily in occupations that usually require at most a high school diploma or a maximum of 2 years of job-specific training. The workers can be used to fill immediate labour shortages where there is demonstrable shortage of Canadians available for occupations requiring lower levels of formal training. The employer can hire the applicant for a maximum period of 24 months.

The employer has to meet with the following criteria

• Should meet with minimum recruitment efforts required for NOC C and D occupations.
• Has to check with the local union to determine if the position is covered under a collective agreement.
• Has to meet all transportation cost of the worker from the source country to work destination.
• Sign the employment contract, offer wages and benefits that are equal to the prevailing wage rate paid to Canadian citizens employed in the same job in the same region.
• Provide medical coverage till the worker is eligible for provincial health insurance coverage.
• Register the name of worker under the appropriate provincial workers compensation/workplace safety insurance plans

Basic Features of the Pilot Project visa

• Applicants will be allowed to live and work in Canada for between 6 months to 2 years
• Applicants can extend the Low-Skill Pilot Project visa if they wish to continue working in Canada for a maximum duration of 24 months.
• After obtaining at least 2 years of Canadian work experience, caregivers can apply for an open Canada Work Permit, Canada Work Visa allowing them to work for any employer.
• Applicants should leave Canada at the end of their Canada Work Permit, Canada Work Visa and at most after 24 months in Canada.

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