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Canada Work Permit & LMIA

Canada Work Permit & LMIA

Canada Work Permit & LMIA

Canada is the foremost choice for most foreign nationals who are willing to gain an international competitive edge in their career. Foreign workers often apply for Canada Work Permit under the Temporary Foreign Worker Program (TFWP) which is issued by Immigration, Refugees and Citizenship Canada (IRCC). With a booming economy, stable market, world-class infrastructure, lucrative opportunities and welcoming residents, Canada Work Permit is an excellent choice for temporary workers to come and grow professionally. Additionally, work permits are excellent initial steps leading to Permanent Resident opportunities under Canada Immigration programs for eligible candidates.

Canada Work Permit Visa features

Canada Immigration authorities offer certain features along with the Canada work permit visa for the foreign nationals

Work for the employer who provided the LMIA – Labor Market Impact Assessment

Excellent pathway to Canada PR for eligible candidates

Family members may be eligible for study permits and open work permit in Canada

Dependents can accompany the principal applicant

Travel and explore Canada

Eligibility Criteria for Canada work permit visa

Apart from specific requirements depending on personal and work-related situation, there are certain basic requirements that every foreign national must satisfy in order to get Canada work permit visa

Must prove to Canada Immigration authorities that you will leave the country when the Canada work permit expires

Must show enough financial support to take of you and your family during your stay in Canada and the trip back home post the Canada work permit visa expires

Must not be criminally inadmissible. A police clearance certificate will be required in support of this.

Must not be a danger to Canada’s security

Must be medically fit and get a medical examination done

Must not plan to work for employers listed “ineligible” on the list of employers failing to comply with the conditions

Must not work for an employer who offers striptease, erotic dance, escort services or erotic massages

Must provide all documentation and proofs required by an Immigration officer to enter the country on Canada work permit visa

What is Labor Market Impact Assessment (LMIA)?

The ESDC (Employment and Social Development Canada) is responsible for assessing job opportunities offered by employers to foreign nationals. Before issuing a work permit, this assessment is required to ensure that no Citizen or Permanent Resident was available to fill the job opportunity. Once verified, the ESDC issues a valid Labor Market Impact Assessment (LMIA) in favor of the job offer. Canada Immigration Authorities i.e. IRCC further processes the Canada work permit visa for foreign nationals. Various steps are involved in getting a valid LMIA for hiring a Temporary Foreign Worker (TFW). The employer must apply to ESDC for the assessment and cover for all costs involved in the process.

Who can apply for an Open work permit (doesn’t need an LMIA)?

Eligible International student who graduated from a DLI may apply for a Post Graduate Work permit (PGWP)

Student who’s not able to meet the costs of education (destitute student)

Person with an employer-specific Canada work permit who’s being abused or at risk of being abused in relation to the job

Applied for Canada PR or Candidates applied for PR from inside Canada

Dependent family member of someone who’s applied for Canadian PR

Spouse or common-law partner of a Temporary foreign worker or international student

Spouse or common-law partner of applicants under AIPP – Atlantic Immigration Pilot Program

Refugee claimants, protected persons or their family members

Persons under unenforceable removal orders

TRP temporary resident permit holder for 6 months or more

young worker participating in special programs under Canada Immigration

Vulnerable worker may be issued an Open work permit

Person with Humanitarian considerations

International workers authorized to enter the country on a reciprocal basis under an agreement:

Participants of Canada World Youth Program

Working Holiday participants under the International Experience Canada IEC program

family members of LMIA-exempt foreign representatives and of military personnel, with countries where reciprocal arrangements exist

professional International athletes playing in a Canadian team, who need other work in order to support themselves

Bridging open work permit applicant

Canada PR applicants under the Spouse or common-law partner in Canada class may be issued a work authorization under the Open work permit pilot program

Student under Post-secondary co-op courses or secondary co-op courses

Different types of Canada Work Permit

Open Work Permit

Caregivers work permit

Employer-specific Canada work permit – LMIA required

International Experience Canada – IEC

Work permit for Agricultural workers

Canada work permit issued under Canadian Agreements with other countries

Studying and working in Canada as an International student – Post Graduate Work permit (PGWP) Converting Canada Work Permit Visa in Canada PR – Permanent Resident status

The benefit of working on Work Permit is the fact that a foreign national can accumulate Canadian work Experience. It can further be utilized for applying to a suitable Canada Immigration program as per the eligibility of the candidate. The usual requirement in considering the validity of the time period will include a variety of factors like type of work performed, number of hours per week and whether it was paid or not.

What is dependent Canada Work Permit Visa

Canada Immigration allows a spouse or common-law partner to work in the country and they would need a work permit to do so. An eligible spouse or common-law partner may be issued an open work permit and could work for any employer. Whereas a study permit may be issued to dependent children for education or courses beyond 6 months in duration. If a dependent child wants to work in the country, an LMIA would be required for processing the Canada work permit for a specific employer.

Who is eligible for a Dependent Visa?

Canada Work Permit allows certain family members to accompany the principal applicant. Dependent visa may be issued to a spouse or common-law partner and dependent children below the age of 22 years. Furthermore, the child must not have a spouse or a partner. However, children over the age of 22 may qualify as dependents if they have been dependent on the family for financial support before the age off 22 and they are not able to support themselves due to a mental or physical condition.

Steps involved when applying for Canada work permit

Step 1: If required, the employer applies for an LMIA – Labor Market Impact Assessment

Step 2: Employer provides the job offer and LMIA approval letter to the Foreign worker

Step 3: Foreign Worker applies for a Canada Work Permit

Step 4: Canada Immigration authorities issue the work permit

Please refer to our detailed step by step guide on application for Canada Work Permit Visa

Time required to process Canada Work Permit applications

Depending upon the complexity of the case, processing of a work permit can be a time-consuming process. The LMIA Processing Time must also be included in the overall estimation of the time period. It is suggested for the employers to start the process at least 6 months prior to the job start date. The entire Canada Work Permit process can take up to a couple of months.