Canada remains a highly desired destination for individuals seeking avenues for employment and a better life. Considering the diversified economy of Canada and the high demand for skilled labour, the Canadian government offers immigration pathways, under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP).
Hiring through the TFWP
The TFWP is for hiring foreign workers who need a Labour Market Impact Assessment (LMIA). This program allows Canadian employers to recruit foreign nationals when qualified local workers are unavailable. Therefore, if you are applying for a Work Permit that requires an LMIA, understanding the procedures is vital for a smooth and successful application.
Hiring through the IMP
The International Mobility Program (IMP) allows Canadian employers to hire temporary foreign workers without LMIAs. In most cases, employers have to submit offers of employment through the Employer Portal.
After an employer submits an offer of employment, they get an offer of employment number. The employer then gives the employment number to the temporary foreign worker to apply for a work permit.
PROCESS OF APPLYING FOR A WORK PERMIT
Step 1: Secure a Valid Job Offer from a Canadian Employer
First and foremost, a valid job offer from a Canadian employer is a must. The company must qualify within the TFWP or IMP and also have a real need to hire a foreign national worker.
The offer should specify the job title, duties, income, working conditions, and duration of employment. Bear in mind that one cannot apply for a work permit under the TFWP or IMP if there is no such bona fide employment offer.
Step 2: Employer Applies for an LMIA or Submits a Job Offer
Once the employer extends a job offer, they are responsible for applying for a LMIA, if required, through Employment and Social Development Canada (ESDC). The LMIA is a document that verifies there is a need for a foreign worker and that no Canadian citizen or permanent resident is available to do the job.
To obtain an LMIA, employers must demonstrate that:
- They have made efforts to recruit locally.
- The job offers meets Canadian wage and labour standards.
- Hiring a foreign worker will not negatively affect the Canadian labour market.
A positive LMIA supports the employer’s case and is necessary for the foreign worker to apply for a work permit.
On the other hand, if the employer is hiring a foreign national who is exempt from the LMIA requirement, the employer must submit a job offer through the Employer Portal and pay a compliance fee.
Step 3: Receive the LMIA or Employment Number
After the LMIA gets approved, the employer will obtain a confirmation letter. The foreign worker will receive a positive LMIA copy and an employment offer letter. These documents are essential and must be included in your work permit application. It is important to make sure that all job details, such as title, salary, and location, mentioned in these two documents are the same so that your application will not be delayed or rejected.
If the worker is exempt from the LMIA requirement, the worker needs to include the offer of employment number from the Employer Portal in their work permit application. The worker must also include an employment offer letter.
Step 4: Submit Your Work Permit Application
With a job offer and a positive LMIA/offer of employment number, you can now apply for a Work Permit. The application is submitted to Immigration, Refugees and Citizenship Canada (IRCC) and can be done either online or through a visa application centre in your home country.
The application typically requires:
- A valid passport
- The positive LMIA/offer of employment number and job offer letter
- Proof of education and work experience
- A completed application form
- A medical exam (for specific occupations or countries)
- Police clearance certificate (in some cases)
- Application fee payment
Processing times vary based on your country of residence, the type of job, and the volume of applications. You can check the latest processing times on the IRCC website.
Step 5: Await Decision and Receive Work Permit
Once your application is approved, you’ll receive a Letter of Introduction (LOI) and possibly a Temporary Resident Visa(TRV), depending on your nationality. The actual work permit is usually issued at the port of entry (POE) when you arrive in Canada.
Upon arrival, you must present:
- Your LOI
- Valid passport
- Copy of your job offer
- LMIA letter
- Any other supporting documentation requested
The Canada Border Services Agency (CBSA) officer will review your documents and, if all is in order, issue your work permit.
Step 6: Start Working in Canada
With your work permit in hand, you are legally allowed to begin working for the employer and in the role specified in the permit. It’s important to comply with the conditions of your permit, including duration, location, and type of work.
If you wish to extend your stay or change employers, you must apply for a new work permit and, in most cases, your new employer will need to obtain a new LMIA.
Conclusion
Many steps were taken in great documentation and painstaking concern about eligibility to secure a Temporary Foreign Worker Work Permit. Every stage, from LMIA through submission of the application and arriving in Canada, is very important in your immigration journey.
At Distinction Law Professional Corporation, we provide services to both employers and foreign workers to efficiently and legally navigate this complex process. If you are a company looking to hire talent abroad or a skilled worker wanting to start their Canadian journey, reach out to our experienced immigration team.
