Work

All foreign nationals who are yet to become PR require different types of work permit to work in Canada. Broadly these work permits can be classified into following categories:-

Open work permit(OWP)

An Open Work Permit allows a foreign national to work in any job, without restriction. Foreign spouses/common-law partners of temporary foreign workers, foreign students and Spouses/common-law partners being sponsored through the Inland Spousal/Common-law Sponsorship category are eligible to apply for an Open Work Permit.

Foreign students who have completed their graduation from Canada are also eligible to apply for an Open Work Permit under the Post-Graduation Work Permit Program.

International Experience Canada (IEC) Candidates under the Working Holiday category are also eligible for an Open Work Permit.

Bridging Open Work Permit (BOWP)

The bridging open work permit (BOWP) is offered when an application for permanent residence is being processed.

In-Canada applicants who have applied to immigrate to Canada under ,Federal Skilled Worker (FSW) Class, the Federal Skilled Trades (FST) Class, the Canadian Experience Class (CEC) or one of the Provincial Nominee Programs (PNP) may be considered for a bridging open work permit if their current work permit is due to expire (within four months). A foreign worker legally working in Canada who has made, or will soon make, an application for permanent residence under one of these immigration programs may then continue to work until a decision is made on his or her application for permanent residence.

Foreign students who have completed their graduation from Canada are also eligible to apply for an Open Work Permit under the Post-Graduation Work Permit Program.

International Experience Canada (IEC) Candidates under the Working Holiday category are also eligible for an Open Work Permit.

Work without permit

There are several occupations and situations where a foreigner is allowed to work without a work permit.

The occupations in this category are:

• Athletes and team members
• Aviation accident or incident inspector
• Business visitor
• Civil aviation inspector
• Clergy
• Convention organizers
• Crew
• Emergency service providers
• Examiners and evaluators
• Expert witnesses or investigators

Work while Studying

International students who are studying in Canada are allowed to work part time during their study period. Additionally their spouse or common-law partners are allowed to get a work permit and work full time during the tenure of their study. Students while studying can do following jobs

Types of work :

Work on campus : Students can work on Campus without work permit if they are studying in full time post secondary school/college/university provided:-

• They must have valid study permit to be eligible for this work
• They must have a Social Insurance Number(SIN)
• They can work only for the time they are studying. The moment their study is complete they are not allowed to work under this category and must have a valid work permit.
• They are also not allowed to work under this category if they are on authorized leave from their study.

Work on campus includes working in an institution they are studying, running a private business in the campus they are studying or working for a contractor in the campus.

Work off campus : Students can work for off campus jobs provided they meet following requirements:-

• They must be full time student at a designated learning institute(DLI)
• They must be enrolled in a post secondary academic, vocational, professional, vocational or professional training program.
• Their study program must be at least 6 months long and must lead to a degree or diploma or certificate course.
• As a part time student one can only work if he/she is studying in the last semester and does not need a full time course load and he/she was a full time student till last semester.
• If any student is on authorized leave he/she is not allowed to work off campus.
• Students are only allowed to work 20 hours per week during regular school terms/semesters and are allowed to work full time during scheduled breaks in the school year. Working more than 20 years per week during study period is not approved and any student indulging in such activity can be asked to leave the country

Working as co-op student : Some study programs include work experience as part of their curriculum. One can apply for co-op if:-

• They have valid study permit.
• Work they are undertaking is required to complete their study.
• They must have a letter from their school that confirms that all students of your program need to complete work placement to get their degree.
• Their co-op placement totals 50 % or less of their study program.

Work permit for spouse/common law partner : During study period one’s spouse/common in law partner may be eligible for work permit if following conditions are met:-

• The student has valid study permit
• The student is eligible for post-graduation work permit(PGWP).
• Student is a full time student in a public post-secondary school/ a Canadian private school that can legally award degree.

One needs to apply for an open work permit which may take time and it is only valid for the same time as his/her study permit.

Post graduate work permit(PGWP) : After the student graduates he/she may be able to work temporarily or even live permanently in Canada. For this he/she needs a work permit. The work experience gained during this work may help him/her in getting PR. To be eligible for PGWP the student must have graduated from a designated learning Institute(DLI). One is even eligible under this work permit if he/ she has completed study online from outside Canada between spring 2020 and December 2021.PGWP’s validity depends upon the length of the study program.

• If length of study program is less than 8 months one is not eligible for work permit.
• If the length of the study program is between 8 months but less than 2 years, the length of the work permit is generally the same as the length of the study program.
• if the length of the study program is 2 years or more, the length of the work permit is 3 years.
• If any student has completed more than 2 programs, he/she may get PGWP that combines the length of each program provided each study program completed is at least 8 months old. One can not get a PGWP if he/she has already one after completing an earlier program of study.

NAFTA work permit

NAFTA stands for North American Free Trade Agreement. Under this agreement American and Mexican citizens may be allowed temporary Work Permit in Canada and do not require Labour Market Impact Assessment(LMIA).

There are certain job categories under which such temporary work permits may be given American citizens under NAFTA do not require an eTA ( Electronic Travel Authorization), However citizens of Mexico do require one.

NAFTA job Categories:-

NAFTA Professionals :-Nafta professional must be qualified in one of following targeted professions and must have pre-arranged employment in Canada in an occupation which matches their qualification and experience.

Nafta professional work permit can be issued for following professionals:-

NAFTA Intra Company Transfers :- Under NAFTA Company transfers the employees must be transferred on temporary basis to work in a branch, subsidiary or affiliate of their American/Mexican employer. They must have worked for at least one year in the last three years and must be employed with that company at the time of applying under this category. In addition to this he/she must be working in managerial/ executive or involving specialized knowledge.
NAFTA Traders and Investors :- Traders falling under this category must prove that they have intention to carry out a substantial amount of trade between Canada and his/her country(USA/Mexico). He/ She must also prove that his /her entry to Canada is essential for directing the business in Canada. Work permits under NAFTA can also be granted to employees of the primary investor and are considered essential staff

Global Talent Stream

Employers in Canada who are in the business of high growth industries or they wish to hire IT professionals can apply for work permits under Global Talent Stream. Under this category the processing time is expedited enabling the employers to bring following workers in a short span of time to meet the needs of their growing business. There are certain occupations under which this work permit can be given :-

• Computer and information systems managers .
• Mathematicians and statisticians .
• Information systems analysts and consultants .
• Database analysts and data administrators .
• Software engineers and designers.
• Computer programmers and interactive media developers .
• Web designers and developers .
• Computer Network technicians .
• Information systems testing technicians .
• Producer, technical, creative and artistic director and project manager – Visual effects and video game.
• Digital Media and Design.

Wages under the Global Talent Stream : Employers who have invited professionals under this category must pay prevailing or higher wages for skilled workers in Canada. are required to meet conditions relating to the payment of skilled workers. The prevailing wage is defined as the highest figure of either:

• the median wage for the occupation of the Government of Canada.
• the wage within the range an employer pays current employees in the same position at the same location, with the same skills and experience;
• the minimum wage floor as defined in the Global Talent occupations list (if applicable).

LMIA and Work Permit:

In most cases, employers are required to apply for a Labour Market Impact Assessment (LMIA) before they can hire foreign workers (see exemptions including NAFTA and GATS). In order to obtain a positive LMIA, a Canadian employer must prove that there is no Canadian or permanent resident worker available to complete the job in question and a foreign worker is therefore required.

LMIA applications should show the following:

• Efforts made to recruit available Canadian citizens/permanent residents
• Wages offered for the position are consistent with the prevailing wage rate paid to Canadians/permanent residents in the same occupation in the region

Working conditions for the occupation meets the current provincial labour market standards

• Any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge
• Transition plans will be required for high-wage positions whereby employers must demonstrate increased efforts to hire Canadians in the long-term.

The positive LMIA is provided to the foreign worker to submit with his/her application for a work permit, which is typically issued for one year if granted.

LMIAs are overseen by Employment and Social Development Canada (ESDC) and have an associated application fee of $1,000 for each temporary foreign worker position applied for.

There are shorter processing times of 10 days available for highest-demand, highest paid and shortest duration occupations, i.e. skilled trades within top 10% of pay bracket and for positions that are less than 120 days.

The LMIA process is different depending on whether the targeted employee is classified as “high-wage” or “low-wage”. Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage, while those being paid at or above are considered high-wage. Depending on whether a prospective employee is classified as high-wage or low-wage, certain specific provisions apply.

High-Wage Workers :

Employers seeking to hire high-wage workers must submit transition plans along with their Labour Market Impact Assessment (LMIA) application to ensure that they are taking steps to reduce their reliance on temporary foreign workers over time. High-wage workers are those earning above the median hourly wage for a given occupation in specified region.

The transition plans are designed to ensure that employers seeking foreign workers are fulfilling the purpose of the program. This entails that they are using the program as a last and limited resort to address immediate labour needs on a temporary basis when qualified Canadians are not available, ensuring that Canadians are given the first chance at available jobs.

Certain occupations in Quebec are “facilitated”, meaning that local recruitment efforts do not need to be performed by employers as part of their applications to hire temporary foreign workers for any of the facilitated occupations.

Low-Wage Workers :

Employers seeking to hire low-wage workers do not need to submit transition plans with their Labour Market Impact Assessment (LMIA). They must, however, follow a different set of guidelines.

To restrict access to the Temporary Foreign Worker Program (TFWP), while ensuring that Canadians are always considered first for available jobs, the Government of Canada has introduced a cap to limit the number of low-wage temporary foreign workers that a business can employ. Furthermore, certain low-wage occupations may be refused for LMIA processing. Employers with 10 or more employees applying for a new LMIA are subject to a cap of 10 percent on the proportion of their workforce that can consist of low-wage temporary foreign workers. This cap will be phased in over 2015 and 2016 in order to provide employers who are above the 10 percent cap time to transition and adjust accordingly.

Employers offering a wage that is below the provincial/territorial median hourly wage must:

• pay for round-trip transportation for the temporary foreign worker;
• ensure affordable housing is available;
• pay for private health insurance until workers are eligible for provincial health coverage
• register the temporary foreign worker with the provincial/territorial workplace safety board; and
• provide an employer-employee contract

As of April 30, 2015, the Temporary Foreign Worker Program uses the latest Labour Force Survey results for the unemployment rates in regions across Canada. These rates determine which regions are eligible for employers to submit Labour Market Impact Assessments (LMIAs) for low-wage/lower skilled occupations in the Accommodation and Food Services sector and the Retail Trade sector. LMIA applications for these sectors will not be processed in economic regions where the unemployment rate is 6 per cent or higher.

Given its unique labour market conditions, and as requested by the Government of the Northwest Territories, applications in these sectors for positions located in Yellowknife will be accepted for processing

Expediting an LMIA

LMIAs will be provided within a 10-business-day service standard for workers in the following occupational categories:

• Highest-demand occupations
• Highest-paid occupations
• Shortest-duration occupations

Highest-demand occupations: The 10-day service standard for this category is limited to skilled trades positions where the wage offered is at or above the provincial/territorial median wage. These positions are essential to the development of major infrastructure and natural resource extraction projects, and are therefore considered vital to Canadian economic growth.

Highest-paid occupations : The 10-day service standard for this category is limited to employers hiring temporary foreign workers in the highest-paid occupations that offer wages in the top 10 percent of wages earned by Canadians in a given province or territory where the job is located. This wage level indicated that a temporary foreign worker is the highest-skilled in their occupation, and that those skills are difficult to find in the Canadian labour market.

Shortest-duration occupations : The 10-day service standard for this category is limited to employers requesting temporary foreign workers for a short duration, defined as 120 calendar days or less, in any occupation where the wage offered is at or above the provincial or territorial median wage. Positions falling under this category include those related to repairs or manufacturing equipment and warranting work.

After receiving a positive LMIA, the employer should send a copy to their identified foreign worker. The positive LMIA must be included in the worker’s application for a Temporary Work Permit.

A single LMIA can be issued for one or multiple employees. In the case of multiple employees, the LMIA will only be issued to employees who will be filling identical positions as identified by the Canadian National Occupation Classification.

Advertising Requirements :

Employers must advertise all job vacancies across the Canadian job market for at least four weeks before applying for a LMIA. Towards this end, employers are required to prove that they have used at least two other recruitment methods in addition to having posted an advertisement on the Canada Job Bank. Employers must focus advertising efforts on groups of Canadians who are under-represented, such as First Nations or persons with disabilities.

Employers wishing to hire a temporary foreign worker to Canada must pay a processing fee of CAD $1,000 for each request for a Labour Market Impact Assessment.

English and French are the only languages that can be determined as job requirements, both for LMIAs and for job vacancy advertisements, unless the employer can prove that another language is otherwise required for the position.

Working Holiday(IEC)

his program is designed for young individuals between 18 – 35 to come to Canada and work on a temporary basis (1 or 2 years)

The IEC program is composed of three categories:

• Working Holiday: Participants in this program can receive an open work permit, valid for one to two years. Open work permits allow participants to work anywhere in Canada for almost any Canadian employer. Nationals of some countries may be allowed to stay in Canada for more or less than one year.
• Young Professionals: Under this program, citizens of participating countries can gain valuable international experience by working for a Canadian company. A signed job offer letter or contract of employment with a Canadian employer related to the applicant’s professional development is required before applying.The job offered must be classified as a National Occupation Code (NOC) Skill Type Level 0, A, or B.
• International Co-op: This program allows citizens of participating countries who are enrolled at a post-secondary institution in their country of citizenship to spend a period of time interning for Canadian companies. Participants must arrange co-op placements with Canadian employers before applying. Applicants must be registered students for the duration of the internship.

Eligibility requirements for the IEC program
Candidate must:

• be a citizen (passport holder) of one of the 33 countries that have a bilateral youth mobility agreement with Canada;
• have a valid passport for the duration of their stay in Canada (the work permit issued will not be longer than the validity of the passport),
• be between the ages of 18 and 30 or 35 at the time of application (the upper age limit depends on the applicant’s country of citizenship);
• have the equivalent of $2,500 CAN upon landing to help cover initial expenses;
• be able to take out health insurance for the duration of their stay (participants may have to present evidence of this insurance at the point of entry in Canada);
• be admissible to Canada;
• have, prior to departure, a round-trip ticket or the financial resources to purchase a departure ticket for the end of their authorized stay in Canada,
• not be accompanied by dependents; and
• pay the appropriate fees

Application Process :
Eligible candidates must submit an IEC profile to express interest in the IEC program under one (or more) of the three categories, if they are eligible. All profiles are placed into the appropriate category pool(s) and candidates are randomly selected during scheduled “Rounds” of invitations. Each country has a specific schedule of when Invitation Rounds are being held.

Invitations to Apply (ITA) are issued in the following order of priority:

• International Internship (Co-op)
• Young Professionals
• Working Holiday

When a candidate is selected, they are given an Invitation to Apply (ITA) at which point they have 10 days to accept the invitation. Once a candidates accepts an ITA, they have 20 days to apply for a work permit. It is important to submit a duly completed application with all accompanying evidence as required. Failure to do so will result in refusal, and you must start the whole process over again. When an application is refused, you will have to wait to the following year to be selected again. Retain our firm to ensure your application is prepared properly and not refused. We help candidates in 90+ countries with their immigration applications.

If the application is successful, a letter of introduction (LOI) will be issued. This letter is to be presented upon arrival at a Port of Entry (such as an international airport) in Canada, whereupon a work permit will be issued.

Although no work permit extensions are authorized under the IEC program, there are certain scenarios that allow participants to increase the validity of an IEC work permit.

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