Do I need Work Permit or LMIA to Work in Canada

How can I work in Canada?

Would like to apply for employment in Canada, but unsure of where to start from? Did you know that not everyone needs an LMIA based work permit or even a Work Permit to enter Canada for employment? Let’s see if you qualify for a LMIA exempt work permit.

What is a Work Permit?

A Work permit is a document that authorizes foreigners to work in Canada. There are two types of work permits: an employer specific work permit and an open work permit. There are certain conditions applied to a work permit, if not followed could result in a revocation.

What is an LMIA exempt Work Permit and who qualifies?

In general all individuals who want to find employment in Canada and are not Canadian citizens or permanent resident card holders must apply for a Labour Market Impact Assessment in order to be eligible to apply for a work permit. However, there are certain individuals who do not need a work permit and automatically are exempt from LMIA’s as well. These individuals are:

• Athletes
• Public speakers
• Study permit holders
• Medical students
• Performing artists
• Business visitors
• Aviation personnel
• Emergency service provider
• Journalists and films crews

There are constraints put on the above mentioned individuals as well and they may or may not need a different type of permit to enter Canada if not a work permit. Other than these individuals, there are certain people or countries that are LMIA exempt but still need to apply for a work permit. The Canadian government has signed bilateral and multilateral agreements with certain countries which have in turn made the movement of foreign workers from those specific regions LMIA exempt. This is conducted by the government to facilitate a broader economic and cultural gain for Canada. The LMIA exempt programs are called International Mobility Program and they consist of:

• Bridging open work permit holders
• NAFTA – North American Free Trade Agreement
• Intra-company transferees
• Provincial nominees
• Working holiday visa program
• Religious workers
• Post-doctoral fellows and visiting professors
• Spouses and common-law partners of full-time international students

Please keep in mind, being exempt from an LMIA process does not mean you are exempt from obtaining a work permit as well. A work permit is needed to work legally in Canada and this must still be obtained with all requirements met. And being exempt also doesn’t mean that you have a higher chance of getting your work permit approved, it simply means you do not have to file for an LMIA. The rest of the paper work stays as intricate as possible, it is an important process and we highly recommend that you get a professional to help you out.

Hire a worker under the International Mobility Program:

Now that we have established who does and does not qualify under the International Mobility program, let’s find out how to apply for this. The employer has to pay an employment offer compliance fee of about $230 and also submit an employment form through the employer portal online. The employer portal is designed by Immigration, Refugee and Citizenship Canada specifically for employers who part take in the International Mobility Program. Employers can use the same portal for more than one foreign worker they hire.

Please note some employers may be exempt from paying the compliance fee or submitting the form depending on their situation.

When can I apply for a Work permit?

Once the form has been submitted to the employer portal, you will receive a unique number. The number is intended for the use of the employee to file for a work permit application. The work permit application is processed by Immigration, Refugee and Citizenship Canada. If the employee is found eligible to work in Canada, he/she will be issued a Work Permit upon their arrival at the port of entry by a Canada Border Services Agency. If they happen to be outside of Canada, they will receive a letter of introduction or a new work permit if they happen to be already residing in Canada. There is no guarantee the work permit will be issued. There are many things that your application will be assessed based on for example, if you have a criminal record, if you are financially stable, do you need a medical examination, do you meet the requirements of the field you want to work in and much more. A work permit application may seem easy but in reality it is complicated and one needs to know that the Canadian immigration well before they can apply for such an important application. Submitting an incomplete application may result in the refusal or return of your application, therefore it is highly recommended that you consult a professional before submission.

Are there any Conditions imposed on my Work Permit?

• Work permits always come with conditions imposed on them. This can include but not limited to:
• You have to stay in the limits of Canadian law while you reside in Canada
• Depending on the type of work permit, you may only be allowed to work for one employer
• The type of work conducted has limitations as well
• Duration of the work permit
• Respect the validity of the work permit and leave Canada promptly once the permit expires

For individuals who wish to work in the province of Quebec applicants must do their research as Quebec may request for supplementary documents as well.

What do I expect after my employee gets his/her Work Permit?

Getting a work permit is simply the start of an employee/employer relationship. There are a few rules and regulations that you must follow once you hire a temporary foreign worker. Always keep in mind, all workers in Canada are equal and have equal rights under the law whether they are citizens, PR card holders or temporary foreign workers. Your responsibilities include but are not limited to:

• Compensate worker benefits
• Make sure the worker has all necessary documentation
• Comply with employment standards, human rights, and Canadian labour laws
• Comply with the conditions set out in the job offer
• Keep all documentation for at least 6 years from when the permit is issued

You may be subjected to random inspections by Immigration Canada to make sure you are complying with all rules and regulations set out in the Canadian laws.

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’re 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!!