Canada
Answer ... Work permits in Canada fall under one of two categories:
- the Temporary Foreign Worker Program; or
- the International Mobility Program (IMP).
The TFWP applies to all work permit applications pursuant to a labour market impact assessment (LMIA). This is the default work permit programme for most applicants who do not qualify for any of the exemptions to the LMIA requirement. It is considered a last resort to allow employers to hire foreign workers for jobs that demonstrably cannot be filled by qualified Canadians. This programme is led by Employment and Social Development Canada and is jointly administered with IRCC. Applications under the Temporary Foreign Worker Program are further divided between the High-Wage Stream and the Low-Wage Stream, based on whether the salary for the position filled is higher or lower than the median salary for the province in which it is located. LMIA requirements will vary based on the applicable stream.
The IMP applies to work permit applications that are exempted from LMIA requirements. The IMP aims to provide competitive advantages to Canada and benefits to Canadians abroad and is administered directly by Immigration, Refugees and Citizenship Canada (IRCC). It includes exemptions to the LMIA requirement based on, among other things:
- international trade agreements such as the Canada-United States-Mexico Agreement;
- reciprocal agreements on employment such as working holiday visas under International Experience Canada; and
- significant benefits to Canada, including in particular the Intra-Company Transfer Program.
Canada
Answer ... Work permits relying on an LMIA are given for the duration of the LMIA, which is typically one to two years. Such a work permit can be extended as long as a new LMIA is approved. However, the employer will need to demonstrate that its need for foreign workers continues despite its efforts to transition to a Canadian workforce.
Most LMIA-exempt work permits are valid for an initial duration of one to three years and may be extended. Some specific programmes may, however, be limited to a maximum total period of stay. A common example of such a programme is the Intra-Company Transfer Program, which can only be renewed up to a maximum stay of five to seven years.
Some other programmes – such as the Post-Graduation Open Work Permit and the International Experience Canada Program – are designed to offer a one-off opportunity to work in Canada in specific circumstances and may not be extended beyond their initial duration.
Canada
Answer ... Specific criteria vary depending on the type of work permit application. However, applicants must establish the following in all cases:
- They will leave Canada upon the expiration of the work permit;
- They have enough money to take care of themselves and their family while they are in Canada and to return to their home country;
- They will obey the law and that they have no record of criminal activity;
- They are not a danger to Canada’s security;
- They are in good health;
- They do not plan to work for an ineligible employer; and
- They do not plan to work for an employer offering sexual services;
Canada
Answer ... Most work permits have no specific minimal language requirements.
However, according to Section 200(3)(a) of the Immigration and Refugee Protection Regulations, “an officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought”.
As a result, immigration authorities will assess whether the applicant’s language skills in English or French are sufficient to reasonably allow him or her to perform the job for which he or she was hired.
This determination will take into consideration:
- LMIA requirements;
- working conditions as specified in the job offer;
- National Occupational Classification requirements for the specific occupation; and
- specific work conditions, including accommodations made by the employer to address an applicant’s limited language ability.
If the immigration authorities have doubts as to whether the applicant can perform the work for which he or she was hired, his or her language ability can be assessed through an interview, official testing or in-house mission testing practice.
Specific language skills in English or French are required for application for permanent residence under most programmes.
Canada
Answer ... There is no annual quota for work permits in Canada.
A few specific programmes – including, most prominently, the International Experience Canada Program – have limits on the number of applications accepted per country, but the vast majority of work permit applicants are not affected by these limits.
Most permanent immigration programmes, such as the skilled worker programme, are limited by annual targets.
Canada
Answer ... (a) Work in specific sectors?
Specific exceptions to the general work permit regime apply to the following, among others:
- agricultural workers;
- academics;
- foreign workers whose position is essential to a television or film production;
- religious workers and charitable workers;
- repair and maintenance workers for industrial or commercial equipment;
- professional athletes or coaches;
- employees of foreign diplomatic missions and international organisations;
- camp counsellors; and
- dancers, actors, orchestral musicians or opera singers.
(b) Shortage occupations?
In general, Canada has no exemptions to usual work permit and LMIA requirements on the basis of shortage occupation.
The province of Quebec does have a list of in-demand occupations that entitle employers to a facilitated LMIA process. Employers applying under the facilitated process are not required to provide proof of their recruitment efforts. Furthermore, the requirement for a transition plan is waived for the first LMIA application request for the same occupation and same work location, but not for subsequent applications.
(c) Highly skilled workers?
Employers looking to recruit highly skilled workers may qualify to apply for a work permit under the Global Talent Stream if:
- the employee has been referred by one of the stream’s designated partners and has a unique and specialised talent; or
- the position to be filled is in one of the in-demand occupations enumerated on the Global Talents occupation list.
Work permits under the Global Talent Stream benefit from a streamlined application process and a two-week processing time.
(d) Investors and high-net-worth individuals?
Investors and high-net-worth individuals looking to invest in an innovative new business may qualify for work permits and permanent residence under the Start-Up Visa Program.
Investors and high-net-worth individuals may also be eligible to apply for permanent residence under the Quebec Immigrant Investor Program (QIIP) or various provincial nominee programmes for entrepreneurs.
Canada
Answer ... The following documents are required to process a work permit application:
- Application for Work Permit made Outside of Canada (IMM 1295);
- Family Information Form;
- Schedule 1 – Application for temporary resident visa, if the applicant requires a visa to enter Canada;
- passport, valid for at least six months;
- two photographs;
- if the applicant is residing outside of his or her country of citizenship, proof of legal status in the country of residence;
- if accompanied by dependants, proof of relationship (eg, marriage certificate, birth certificate);
- proof that the applicant meets the requirements of the job offer (eg, CV, education credentials, proof of work experience);
- LMIA issued by Employment and Social Development Canada (ESDC) and a copy of the job offer, or an offer of employment number after submission in the IMP Employer Portal;
- if applying for a work permit in the province of Quebec, a valid Certificat d’Acceptation du Québec (CAQ);
- if applying for a post-graduation work permit, a final transcript and formal notice of graduation; and
- a police clearance from any country where the applicant has lived for six months or more since reaching the age of 18, if required by the local visa office.
In addition, a border services officer may ask for proof that the applicant has sufficient funds to support himself or herself for the first three months of his or her stay.
Medical tests are required from work permit applicants residing in specific countries.
Canada
Answer ... Fees can vary depending on the type of work permit chosen.
The following fees apply to the vast majority of employer-specific work permit applications:
- LMIA fee (unless exempt): C$1,000
- If LMIA exempt, employer compliance fee: C$230
- Work permit application fee: C$155
- Biometrics fee: C$85
- If applicable, medical examination costs.
Additional fees apply to most applications made in the province of Quebec, as applicants must take the additional step of applying for a CAQ.
Canada
Answer ... Applications for a work permit involve the following steps:
- For work permits that are not exempt from the LMIA requirement, the employer must first make an application to ESDC for an LMIA and wait for its approval.
- In the case of LMIA-exempt work permits under the IMP, the employer must first submit an offer of employment to IRCC through the Employer Portal and pay the employer compliance fee. An offer of employment number will then be generated.
- The applicant will then be able to directly submit a work permit application to IRCC using the LMIA or offer of employment number.
- The majority of applicants will be required to provide their biometrics (fingerprints and photographs) following the application.
- If applying from overseas, upon approval, the applicant will be granted a port of entry letter of introduction. The applicant must then present this letter at the port of entry upon arrival to Canada, where he or she will be given a work permit.
Applicants subject to LMIA requirements in the province of Quebec must also apply for a CAQ before applying for a work permit.
In specific circumstances applicants may be able to enjoy expedited 14-day priority processing times under the Global Skills Strategy.
Processing times for applications that do not qualify for 14 days priority processing will depend on processing times in individual visa offices and will vary from a few weeks to several months based on the applicant’s country of origin.
The most up-to-date data on processing times may be found on the IRCC website at www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html.
Canada
Answer ... Work permit holders are entitled to work in Canada within the conditions of their work permit. They are also entitled to all the rights and protections granted to Canadian workers by the labour laws in the province where they are employed. These include:
- the right to a safe and healthy workplace;
- workers’ compensation benefits in the case of an accident; and
- protection from unlawful dismissal.
Foreign workers must at all time comply with the conditions of their work permit. These conditions may include:
- a period of authorised stay in Canada;
- a specific employer;
- a type of work, as listed in the ‘occupation’ field of the work permit;
- a location of work; and
- times and periods of work.
Possible penalties for non-compliance with the conditions of the work permit include fines, prison terms, and expulsion from Canada. Consequences may also include an exclusion order barring the foreign worker from entering Canada for a period of up to two years.