Permits

WORK  PERMITS

SPOUSAL  OPEN  WORK  PERMIT

LMIA  WORK  PERMITS

CORPORATE  SERVICES - WORK PERMIT / LMIA

Work permits are generally required for foreign workers who wants to enter Canada to work on a temporary basis and fill skill and labor shortages in Canada. Work permits are granted for a period of up to 3 years after which a foreign national must leave Canada. If they want to continue their stay in Canada, they should apply for a Permanent Resident (PR) Visa once they become eligible during their 3 years stay in Canada.

Moreover, there are many different pathways to get a work permit depending on a foreign national’s particular situation and circumstances. Some of them include:

• Getting a job offer before coming to Canada.
• Completion of a degree, diploma, or certification while studying in Canada also known as Post Graduation Work Permit.
• Work part time as a student during your studies in Canada

There are 2 main types of work permits – Open work permits and Employer-specific work permits.

Spousal open work permit is a special type of work permit designed to unite a spouse or family member of someone working or studying temporarily in Canada. A spousal open work permit is given to spouses of workers or international students working or studying full-time in Canada. When your spouse has an open work permit, he or she can work part-time or full-time for any employer. It is possible to apply for a spouse open work permit before or after they come to Canada. In general, the duration of work permits issued for spouses will be the same as the worker’s or student’s work or study permit.

However, generally, spouses of workers or international students prefer applying to open work permits following their arrival in Canada. Please note that, based on your country of citizenship, which may require you to obtain a temporary resident visa to enter Canada, your spouse can also apply for an open work permit at the border or airport where they arrive in Canada.

A Labor Market Impact Assessment (LMIA) is a document that an employer in Canada may need to obtain before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job. In addition, it will also show that upon sufficient advertisement, no Canadian worker or permanent resident is available to fill the job. A positive LMIA is sometimes also called a confirmation letter. If the employer needs a LMIA, they must apply for one. Once an employer gets a LMIA, the worker can apply for a work permit also known as LMIA Work Permit.

To apply for a work permit, a worker needs from the employer:

• A job offer letter
• A copy of the LMIA, and
• The LMIA number

In addition, you must also demonstrate that you meet the required experience and/or education to fill the position. You can support this by submitting letters of previous employment in the same or similar role stated on the LMIA. It is very important that an applicant must apply for LMIA work permit within six months of the issuance of the LMIA decision letter or else the letter would expire and new LMIA application must be submitted.

When a work permit is issued, it will be an employer specific work permit meaning that you may only work for the employer stated on your work permit and the occupation and location stated on your work permit.

This program or services is applicable for Employers or Corporates who would be interested in hiring foreign workers on a temporary basis. Below are some options that you might be looking

for information on. If you need more information or simply not sure of the right approach, we can help you decide which one is suitable for your organization’s needs.

A Labor Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) for employers to fill labor market needs and hire foreign workers. Prior to submitting a LMIA work permit application, there are certain requirements that must be met by an Employer including but not limited to, advertise to fill the role locally. Once LMIA application is approved and a positivity letter is issued by ESDC, foreign worker must submit with their application for a work permit.

When applying for an Owner/Operator LMIA, there is no requirement for advertising or recruitment. However, this option is available anywhere in Canada. The validity of a positive LMIA is up to 2 years and IRCC issues a work permit for 2 years. Once foreign national obtains the visa and arrives in Canada, this becomes a path to permanent residence through the Express Entry System.

To be eligible for owner/operator LMIA, a foreign national must demonstrate that they:

• Have a highest level of interest in the business.
• Posses most senior position and are active in the management of the business.
• Have a solid business plan.
• Plan to employ at least one Canadian or permanent resident.

The Global Talent Stream (GTS) LMIA program is a two-year pilot program which falls under the Temporary Foreign Worker category. The GTS Pilot is an important part of the Innovation and Skills Plan whose principal objective is to make Canada a world-leading center for innovation. The main characteristic of this program is the Labor Market Benefits Plan to detail the specific benefits for the Canadian Labor market and the Canadian economy, and employers must provide activities and targets for each benefit. They must also commit to job creation and investment in skills and training, benefiting and transferring knowledge to Canadian citizens and permanent residents. Unlike LMIA, there are no advertising requirement and no transition plan for this stream, however, there is a mandatory progress review on the employer’s progress on their commitments made in the Labor Market Benefits Plan.

LMIA based work permits, under certain regulations and criteria, can also be applied under Provincial Nominee Programs (PP). PNP facilitate the entry or stay in Canada of many categories of professionals who otherwise might not qualify under the Express Entry System.

Contact us to find out more details and available options.

Certain sections (R204, R205, R206, R207, R208) of the Immigration and Refugee Protection Regulations (IRPR) provide the IRCC with the regulatory authority to issue a work permit for temporary positions that do not require a Labor Market Impact Assessment (LMIA) and employers can avoid the lengthy and complex LMIA process. However, LMIA exemptions apply to the following types of Work permits:

• For a start-up visa entrepreneur if they do not intend to immigrate to Canada,
• For the key personnel for the new start-up visa office,
• For employees of international Organizations with divisions in Canada, Canada’s International Agreements and Non-trade-related agreements,
• For after-sales service specialists (installation, repair or maintenance of industrial or commercial equipment).

The first key element of an LMIA-exempt application is to establish the association between the Canadian organization and the parent company. To be eligible for the intra-company transfer to the Canadian office, the foreign national eligible must have been employed for a minimum of one year in the same position by the parent company. The transferred personnel have the option to be joined by their family members for the period they will work in Canada.

Before making the LMIA-exempt work permit application, the Canadian employer must register or incorporate in Canada, so the qualifying company relationship between the entities is established.

A work permit under this category is meant for youth between 18 and 35 years from a country of citizenship that has an agreement with Canada that allows applying for an IEC work permit. There are three categories, but not all three are applicable to all countries: working holiday, young professionals and international Co-op internship. The working holiday category provides an open work permit, while the young professionals and the international Co-op internship provide employer-specific work permits. It is important to keep updated, as the eligibility requirements for countries and categories are continuously changing.