Who can Work in Canada - Immigration Law Firm

Bahar's Blog about Immigration to Canada & USA

Bahar's Blog about Immigration to Canada & USA
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Who can Work in Canada

Who can Work in Canada

Can I work in Canada as Foreign Worker

In order to be able to work in Canada you either have to be Canadian citizen or Permanent Resident of Canada. If you are not Canadian citizen or permanent resident of Canada then as the foreign worker you either have to fall under the North American Free Trade Agreement (NAFTA) or apply for Work Permit and possibly go through a Labour Market Impact Assessment (LMIA). As the foreign worker you cannot work illegally in Canada and therefore you have to go through application process and get special permission from immigration Canada.

Requirements you need to meet under NAFTA Work Permit

To be eligible to apply under the NAFTA Work Permit you would have to be a citizen of Mexico or United States. If you are business individual and are citizen of Mexico or USA then you are able to enter Canada for temporary basis to trade goods, provide services or invest in Canada. To qualify as a business person you have to fall under either a Business Visitor, Professional, Intra Company Transferee or Traders and Investors.

If you are citizen of Chilean, Peru, Columbia, Korea then you may fall under other free trade agreements such as Canada-Chile Free Trade Agreement, Canada-Peru Free Trade Agreement, Canada-Columbia Free Trade Agreement, and Canada-Korea Free Trade Agreement. To determine if you fall under North American Free Trade Agreement or other Free Trade Agreements then contact Akrami & Associates to determine your eligibility.

Work Permit for Temporary Foreign Worker

If you have obtained a Work Permit as a foreign worker you are eligible to work for that specific job, for that specific employer until the validity of the work permit. So if you are for Temporary Foreign Worker and you do not fall under the NAFTA Work Permit you have to apply under Temporary Foreign Worker Program (TFWP) to be able to work in Canada legally.

Two Types of Workers:

The first type of workers includes persons hired through Temporary Foreign Worker Program (TFWP). This is where employer cannot find a Canadian citizen or Permanent Resident to fill the position and therefore have no choice but hire a foreign worker. To be eligible to hire the foreign worker the employer must first obtain a Positive Labour Market Impact Assessment (LMIA) from Service Canada. Usually, individuals that apply for employer specific work permits are low skilled workers and are hired by Canadians because no one else is willing to do that job. So if you are an employer and looking to hire a foreign worker you have to apply for the LMIA application and provide ample proof you have tried to hire Canadian citizens or Permanent Residents to receive Positive LMIA from Service Canada.

The second type of workers includes workers hired through the International Mobility Program (IMP) . These types of workers are not employer based and do not require a LMIA, an example would be Open Work Permit. Persons that apply through International Mobility Program are usually high skilled workers and receive high wage and mostly come from developed countries.

Whether you apply under NAFTA Work Permit, Temporary Foreign Worker Program category or International Mobility Program as the applicant you have to meet certain requirements and depending on your country of citizenship meet additional requirements.

Basic Requirements for Work Permit all Applicants have to meet:

  • Demonstrate to the immigration officer that your stay in Canada is for temporary basis and once your employment comes to end you will exit Canada.

  • Demonstrate to the immigration officer you are financially capable of supporting yourself and any family members joining your during your time of stay in Canada.

  • Have no criminal record, if you do obtain your police clearances

  • Be in good health and not risk to Canadian society, possibly complete a medical examination

  • Not engage in employment with another employer that is on the list of ineligible employers

  • Not have worked in Canada for one or more periods totalling four years after April 1, 2011

Requirements when applying for Work Permit from inside of Canada

  • Your spouse or yourself have a valid study or work permit

  • You are a postgraduate of a Canadian university or College or any other recognized instutions

  • Have a valid TRP that is valid at least 6 months or more

  • Applied for PR status in Canada already

Can I submit Work Permit application while entering Canada?

You are eligible to apply for work permit application as a foreign worker only if you come from visa exempt country, you hold a valid medical certificate, your job does not require a LMIA from Service Canada or you have an Approved LMIA from Service Canada.

Once a person has met the eligibility requirements, to apply for a work permit, they must then complete the application and submit the appropriate documents depending on where they are applying from.

Work Permit and LMIA

If you are a foreign national and require a Labour Market Impact Assessment, then your employer has to attempt to hire Canadian citizens or Permanent Resident first prior to offering the foreign applicant the position. If the employer has demonstrated to Service Canada that he/she attempted to recruit Canadian citizens or Permanents Resident through different means of advertising but could not find a suitable candidate then Service Canada will issue a Positive LMIA (only if they believe you have taken every step to hire Canadians or permanent residents). Once the employer receives a Positive LMIA then the foreign worker can apply for the Work Permit and include the Positive LMIA with their application.

LMIA Exemptions

Entrepreneurs, participants in exchange programs, religious workers, charity workers, co-op students and refugee applicants are exempt from the Labour Market Impact Assessment (LMIA) . Even though you may be exempt from the LMIA as the applicant you still need to apply for the Work Permit.

If you do not require LMIA then ensure you have proof of identity such as a passport or travel document and demonstrating that you have not intent in remaining in Canada. If you are not in your country of citizenship then proof of your current immigration status in the country you are currently at.

Wondering if you can Work Foreign Worker in Canada then Contact Akrami & Associates

If you are foreign worker and have job offer with an employer in Canada and not sure if you are exempt from the Work Permit or LMIA or what steps you need to take work in Canada then Contact Akrami & Associates today. Akrami & Associates has submitted many successful Work Permit application such NAFTA Work Permit, LMIA applications, Work Permit for Co-op student, Post Graduate Work Permit, Open Work Permit and much more. These work permit applications are not easily approved and highly recommended to consult with an immigration expert such as Akrami & Associates prior to starting any immigration application. Contact us today at 416-477-2545 to book your consultation!!

With Akrami & Associates there is always a way!!

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