Do I need a Work Permit or LMIA for Canada

Canadian Work Permit Requirements

Canada has many resources and opportunities for people in not only inside of Canada but also outside to work and gain adequate experience. Every year thousands of non-Canadians enter Canada on work permits. There are different types of work permits available to come to Canada, let’s see which one is best suited for you!

What is a Work Permit?

work permit is an official document drafted by the Canadian government that authorizes a foreign individual the permission for employment in Canada. Work permits have constraints such as duration and type of work that can be conducted by foreigners in Canada. Depending on your situation and the type of work permit you get from the Canadian government, there will always be conditions imposed upon you. In most cases you will need a work permit to work in Canada; however, there are exemptions to this permit. Remember, a work permit in Canada is always a temporary document, even if it is extended.

How can I obtain a Work Permit?

There are certain types of jobs, if conducted in Canada, do not need a work permit. So it’s always better to find out if you are exempt from a work permit or if you need a work permit or if you need an LMIA based work permit. For example, international students with a valid study permit do not need a work permit; however there might be still be conditions imposed on your employment within Canada. Once you have established that you are not exempt from applying for a work permit, you have to find out what kind of work permit best suits your situation. One of the best ways to find out what kind of a work permit you might need is to assess the field you are trying to get into. In most cases you will need a Labour Market Impact Assessment, formerly known as a Labour Market Opinion. This can be done by carefully reviewing the list of jobs that are covered and not covered by an LMIA. Remember, given your unique situation and the field you might want to be hired in, you can either be exempt from an LMIA or exempt from a work permit or might have to apply for both.

What is the role of a Labour Market Impact Assessment?

If your field is covered by an LMIA this means you are not exempt from obtaining an LMIA, this can take a long time so you want to make sure that you submit a complete application the first time. A Labour Market Impact Assessment or an LMIA is an official document attained by employers who would like to employ temporary foreign workers. An application is submitted to Service Canada and Employment and Social Development Canada for review. This process is conducted mainly to determine whether a lack of skilled work or labour exists within Canada. Therefore a non-Canadian might be able to obtain this job given that a positive LMIA is issued and a work permit is issued.

As mentioned before, applying for an LMIA can be a lengthy process so make sure that you have done all necessary research before you set out to apply. There are 4 main steps to applying for an LMIA:

  • Recruitment efforts
  • Determining wages of the worker you want to hire
  • Education, work and language requirements
  • Work conditions

Remember, every person is different and so every case is reviewed from a unique angle. The four steps mentioned above may not apply to everyone in the same way. How long the process of obtaining an LMIA decision takes depends on the type of work you want to conduct in Canada. The process can take anywhere from 10 business days to months. Once you receive a positive LMIA document, then you can go ahead and extend the job offer to the future employee so they can apply for a work permit.

General and Special Eligibility Requirements for a Work Permit

Having a positive LMIA does not guarantee that you will obtain a work permit too. An application for a work permit should be as complete and should match the LMIA application very well. The LMIA can be revoked if misrepresentation is detected. Here are a few things you need to prove in your work permit application:

  • Must not have a criminal record
  • Must not be a danger to the safety and security of Canada
  • Must prove that you are financially stable
  • Must prove that you meet requirements for the job listed in the LMIA
  • Immigration might ask for a medical examination to be conducted

These are some of the things that your application will be assessed based on. Given your application, Immigration Canada may ask for less or more documents to prove eligibility for a work permit. A work permit is assessed by Immigration, Citizenship and Refugees Canada. If a work permit application is successful, the actual work permit document will be issued at the point of entry to the worker by the Canadian Border Services Agency. It is crucial to submit a strong and completed work permit application and one that does not contradict the LMIA and the job offer contract. This will delay the already long process of obtaining work permit in Canada.

Are there any Conditions Imposed on my Work Permit?

Yes, there will always be conditions imposed on your work permit. This can include but not limited to:

  • The type of work you are allowed to conduct
  • Who can be your employer
  • Duration of your work permit
  • Cannot work for strip clubs, massage parlors or escort agencies
  • Must leave Canada when duration of permit expires

Want to work in Canada? Then Contact Akrami & Associates

Akrami & Associates has assisted many clients with different immigration matters from temporary to permanent applications. If you are looking to work in Canada than contact Akrami & Associates for more details at 416-477-2545. Our immigration experts have submitted many successful immigration applications and we can help you achieve your immigration goals as well. Contact us today!

With Akrami & Associates there is always a way!!

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