WORK PERMITS

Generally speaking, in order to obtain a work permit, you must first find a Canadian employer that is willing to give you a “job offer”. The Canadian employer would then have to apply to Human Resources Canada for what is commonly referred to as a “labour market opinion” (LMO). In that application, the employer is essentially asked to demonstrate why s/he (or it) could not find a Canadian to do the job and why it is necessary to hire a foreign national for the job.

 

Once the Department of Human Resources issues a positive LMO, you can then apply for your work permit to the appropriate visa office outside Canada. It should be noted that the visa officer still has discretion to reject the application for work permit and that a positive LMO is not a guarantee for work permit.

 

Depending on job classification, skills and experience, a person who works on Canada for a period of two years under a valid work permit may be qualified to apply for permanent residency under the Canadian Experience Class.

There are certain class of people who are exempt from the work permit requirements of Canadian immigration laws. These include (subject to certain conditions and rules):

 

Foreign representatives properly accredited by the Department of Foreign Affairs and International Trade and their family members (essentially diplomats and UN representatives);

Some student working on campus;

Performing artists;

Athletes;

International reporters;

Guest speakers;

Individual members of an organizing committee for a convention or seminar;

Clergy and spiritual counselors;

Judges or referees on international amateur sports;

Examiners or evaluators of academic projects or theses;

Expert witnesses;

Civil aviation inspectors;

Members of crew for international transportation;

Providers of emergency services; or

Applicants who have applied for extension of their work permit until a decision is made on their application.

There is also an exemption provided to “Business Visitors”:

International business visitors who are here to purchase Canadian goods or services or to receive training on the purchased goods or services;

Business visitors giving or obtaining training (subject to certain rules and restrictions);

Representatives of foreign businesses or governments selling goods (subject to certain rules)

If the person is not exempt from a work permit, the person has to apply for one. As noted above, the process of obtaining a work permit is a two-stage process driven by the potential Canadian employer. Stage one involves an application to the Canadian governments department of human resources and skills development, HRSDC, for an approval known as Labour Market Opinion. The LMO, if positive, essentially approves that employing a foreigner is not detrimental to Canadian labour market since there are no Canadians to fill the labour shortage.

Stage two begins once approval from HRSDC has been granted, at which time the applicant applies to the appropriate Canadian High Commission or consulate for the issuance of the work permit. As noted above, a positive LMO does not guarantee issuance of the work permit. Among other things, the applicant will have to satisfy the visa officer that his/her stay will be temporary and that he/she will return to his/her country when his/her visa is expired.

To obtain further information and detail or to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473 begin of the skype highlighting (416) 365-9473 end of the skype highlighting.