Working in Canada: Visa and Work Permits Overview
Foreign nationals seeking employment in Canada require a work permit issued by Immigration, Refugees and Citizenship Canada (IRCC). This document authorizes foreign nationals to work and reside legally in Canada. Canadian work permits can be categorized into two primary visa categories: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). TFWP is designed to fill immediate labour shortages and requires employers to obtain a Labour Market Impact Assessment (LMIA), which justifies the necessity of hiring a foreign worker by showcasing the unavailability of a qualified Canadian citizen or permanent resident for the employment opportunity. In contrast, the IMP allows for the employment of foreign workers without an LMIA based on international agreements and treaties or due to the worker’s unique skills that contribute to Canada’s labour market.
Types of Work Permit Programs in Canada
Temporary Foreign Worker Program (TFWP)
TFWP requires Canadian employers to obtain a Labour Market Impact Assessment (LMIA) before a foreign national can be issued a work permit. This process requires an assessment by Employment and Social Development Canada (ESDC) to ensure that hiring a foreign national will not negatively impact the Canadian labour force. In other words, an LMIA verifies that a foreign worker is needed to fill the job position and that no suitable Canadian citizen or permanent resident is suitable for the employment opportunity.
International Mobility Program (IMP)
IMP offers a pathway for foreign nationals to secure a work permit in Canada without needing a Labour Market Impact Assessment (LMIA). These work permits are exempt from the LMIA due to international treaties. The most significant and contemporary example is the Canada-United States-Mexico Agreement (CUSMA). Under this treaty, certain jobs are exempt from the requirement of an LMIA.
In addition to international treaties and agreements, current employees of multinational companies have the option to complete an Intra-Company Transfer. With the Intra-Company Transfer, an employee from a multinational company can relocate to the company’s Canadian branch without requiring an LMIA. This option applies to multinational companies from all countries.
Frequently Asked Questions About the Canadian Experience Class
Can I apply for Canadian experience class outside Canada?
Yes, candidates can apply outside of Canada for the Canadian Experience Class if they fulfill the eligibility criteria, including having one year of work experience in Canada within three years immediately preceding the application. Candidates in Canada on a temporary work visa nearing its expiration can obtain a bridging open work permit, allowing them to maintain employment in Canada while awaiting their invitation to apply for permanent residency.
Do you need to show financial proof for the Canadian Experience Class?
No, if you receive an invitation under the Canadian Experience Class, the requirement to demonstrate financial proof does not apply to you. However, by default, the Express Entry system will request proof of funds documents from all candidates. To be exempt, invitees for permanent residency can fulfill this step by uploading a letter stating their invitation under the Canadian Experience Class or uploading evidence of a valid job offer, bypassing the need to show proof of funds.
Do internships and co-ops in Canada count toward Canadian Experience Class work experience?
No, however, it is a bit nuanced. The eligibility of a paid internship to count towards the Express Entry work experience requirement varies depending on its relation to your educational program. If your paid internship was conducted outside of your academic curriculum and not as a requirement for your degree or diploma, it could be considered valid work experience for Express Entry. This means that internships undertaken independently of academic obligations, where you gain practical skills relevant to your professional field, may contribute to fulfilling the work experience criteria for Express Entry applications.
Frequently Asked Questions Canadian Work Permits
How do I get a work permit in Canada?
To acquire a work permit in Canada, individuals must first determine the appropriate category: open or employer-specific permit and an inside or outside of Canada application. The application process entails fulfilling eligibility criteria, which vary depending on the type of application. For instance, for employer-specific work permits, this would include securing a job offer and submitting a comprehensive application accompanied by the requisite documentation and fees to Immigration, Refugees, and Citizenship Canada (IRCC). Eligibility requirements for all applicants, regardless of the location of where you apply or the specific stream of the application, include the following: proving the applicant will leave Canada when the permit expires, sufficient funds to provide for the applicant and their family, lack of criminal history, lack of danger to national security, be in good health.
All applicants may also be required to undergo a biometric screening as part of the assessment process. The final issuance of the permit is contingent upon approval by IRCC, subject to the stipulated terms of employment and duration of stay.
Can I legally work in Canada as a US citizen?
As a US citizen, you can legally work in Canada, but you must first obtain the appropriate work authorization. Generally, this means securing a work permit through programs such as the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP). US citizens may also benefit from provisions under international agreements, such as the United States-Mexico-Canada Agreement (USMCA), which facilitate easier access to work permits in specific professional categories. Regardless of the method, obtaining a valid work permit is necessary before commencing employment in Canada.
What permits do you need to work in Canada?
To legally engage in employment within Canada, individuals are predominantly required to obtain one of the two following work permits: an employer-specific work permit, which restricts employment to specific conditions related to the employer, duration, and location, or an open work permit, which allows employment with various employers, subject to specific exclusions.
How many types of work permits are there in Canada?
In Canada, there are two main categories of work permits: the open work permit, which grants the holder the flexibility to be employed by any eligible employer across the nation, and the employer-specific work permit, which confines the holder to employment under one employer.
Is there a limit to the amount of work permits I can acquire?
In Canada, there is no statutory limit on the number of work permits an individual can acquire over their lifetime. However, the issuance of each permit is contingent upon meeting the specific criteria and conditions defined by Immigration, Refugees, and Citizenship Canada (IRCC) for the relevant permit type at the time of each application.
