Work in Canada #2 - Immigration made easy

A work permit is a legal document permitting a foreign national to engage in employment while inside of Canada. Each year, Canada issues about half a million work permits to temporary foreign workers around the world.

Canada is a prime destination for many foreign nationals who are seeking employment opportunities. Working in Canada is also an excellent first step for those seeking to immigrate to the country permanently.

As the Canadian government is looking to retain talent that has already been trained locally, there is a Post Graduate work permit available which is a first step to the Canadian Experience Class path to Permanent Residency. The Permit itself can be offered up to the length of the program but with a maximum duration of three (3) years.

· Must have graduated from an approved educational institution where you have studied full-time for at least 8 months prior to the application (900 hours).

· You must apply for the work permit within 90 days of receiving (written) confirmation that you have met the requirements and are qualified to graduate from the program.

· Participate in a Canadian Commonwealth Scholarship Program funded by the Global Affairs Canada (GAC).

· Participate in a distance learning program from abroad or from within Canada.

· Have previously been issued a Post-Graduation Work Permit following any other program of study.

The Post Graduate Work Permit will allow you to work in Canada and gain valuable Canadian experience that will build on what you have studied in school. Ultimately, this is the first step to being able to qualify for Permanent Residence under the Canadian Experience Class (CEC).

A work permit is a legal document that lets a person from another country work in Canada. About half a million temporary foreign workers from all over the world get work permits from Canada every year.

Canada is a top destination for many people from other countries who want to find work. Working in Canada is also a good first step for people who want to move there permanently. If you have an open work permit, you can work for any Canadian employer except one that

· is on a list of employers who aren’t eligible because they didn’t follow the rules, or

· they regularly offer striptease, erotic dance, escort services, or erotic massages.

A Bridging Open Work Permit may be available to those who already have a valid Canadian Work Permit and have applied for permanent immigration (BOWP). While waiting for your permanent residence application to be approved, you can work legally with this permit.

BOWP ELIGIBILITY
In order to be eligible, you must have applied for permanent residency under one of the following categories:

· Caring for Children Pilot & Caring for People with High Medical Needs Pilot(prior to June18, 2019), or

· and have submitted a complete application for permanent residence and passed the completeness check; and

· have received an acknowledgement of receipt (AOR) letter or approval in principle letter.

TIMEFRAME FOR BOWP APPLICATIONS
You can apply for the BOWP as soon as you receive your Acknowledgment of Receipt (AOR), which is sent to your Express Entry account automatically after you submit your permanent residency application. Your BOWP application won’t be complete without this Acknowledgment of Receipt.

However, the BOWP will not be given until after Immigration, Refugees, and Citizenship Canada (IRCC) conducts a completeness check (R10 check) on your permanent residence application, which typically occurs within the first two months of processing.

Wait until you receive your Acknowledgement of Receipt in the mail or via email if you applied outside the Express Entry system (AOR). You won’t receive this AOR unless IRCC determines that your application meets all requirements. Your BOWP application won’t be complete without this letter.

RESTRICTION ON PROVINCIAL NOMINEES
It is important to exercise caution while seeking for permanent residency through a provincial nominee programme. The province or territory that nominated you must be selected in the BOWP application process under the Province and City of Destination title.

Your eligibility to work may be limited by the terms of your nomination certificate. You will not be eligible for the BOWP if the answer to the limited question is “Yes.”

ELIGIBILITY FOR QUEBEC RESIDENTS
As of the 31st of August, 2021, residents of Quebec are eligible to participate in the BOWP. In order to apply for permanent residency in Canada, you must have a current Certificat de sélection du Québec (CSQ).

COST OF APPLICATION
The Open Work Permit Holder fee is $100, while the processing price for a work permit is $155.

Employers in Canada are obliged to seek authorization to engage a temporary worker through Employment and Social Development Canada (ESDC)/Service Canada. This is known as a Labour Market Impact Assessment (LMIA). The Labour Market Impact Assessment (LMIA) permits a firm to engage a temporary foreign worker. It indicates that a foreign worker is required to fill the position because no Canadians are available to undertake the job.

A LMIA-based work permit application consists of two steps. The initial step is to submit an LMIA application to Service Canada. The goal of the LMIA is to ensure that competent Canadian citizens and/or permanent residents are not passed over in favour of foreign workers. Positive LMIA concludes that hiring foreign nationals in the stated occupation and work location is likely to have a positive or neutral effect on the Canadian labour market.

After an employer has gotten a positive LMIA from Service Canada, the second step is to apply for a work permit. An application for a work permit is submitted to Immigration, Refugees and Citizenship Canada (IRCC).

SKILL BASED WORK PERMIT
Skilled Work Permits
The National Occupational Classification (NOC) skill levels 0, A, and B are required for skilled work permits. In general, for skilled work permits, applicants must have between one and three years of experience, depending on the occupation, and in other instances, merely relevant education will suffice to meet the job requirements. Applicants must additionally demonstrate their proficiency in English or French in order to meet the requirements of the position.

Semi-Skilled Work Permits
National Occupational Classification (NOC) skill level C & D occupations are eligible for semi-skilled work permits. Work permits for semi-skilled positions demand a maximum of a high school diploma or training tailored to the profession. Additionally, applicants must demonstrate their English or French proficiency to meet the job requirements.

Generally, Semi-Skilled work permits within the agriculture stream do not require any particular language skills, education, or work experience. The normal qualifying requirements for a work permit must still be met.

Under low skilled work permits, companies typically pay for round-trip airfare, guarantee that reasonable and acceptable housing is available, provide temporary medical insurance, register workers with provincial workplace safety insurance programmes, and execute an employer-employee contract.

WAGE BASED WORK PERMIT
High-Wage Worker
Statistics Canada has established the median hourly pay for each province and territory in Canada. High-wage workers are individuals who earn at or above the regional median hourly income for a specific occupation. Employers offering wages at or above the provincial/territorial median hourly rate are required to submit an LMIA application under the high-wage stream. Employers wanting to hire high-wage workers are required to submit transition plans together with their LMIA application to prove they are taking measures to lessen their dependence on temporary foreign workers over time. The goal of transition plans is to guarantee that firms seeking foreign labour satisfy the intent of the programme. This means that the programme is being used as a last and limited resort to fulfil emergency labour shortages on a temporary basis when eligible Canadians are not available, ensuring that Canadians are given the first opportunity at accessible positions.

The transition plan outlines the steps a business agrees to take in order to recruit, retain, and train Canadians and permanent residents, as well as lessen their dependence on the Temporary Foreign Worker Program. A Transition Plan, effective for the duration of the temporary foreign worker’s employment, is required to engage temporary foreign workers in high-paying positions.

Low-Wage Worker
If the wages given to a foreign national are lower than the provincial/territorial median hourly rate, the employer must file an LMIA application under low-wage profession. Employers wishing to employ low-wage employees are not required to submit transition plans with their Labour Market Impact Assessment (LMIA). However, they must adhere to a different set of rules.

In order to restrict access to the Temporary Foreign Worker Program (TFWP), the Canadian government has imposed a limit on the number of low-wage temporary foreign employees that one employer can hire. Furthermore, LMIA processing may be denied for low-wage employment. Employers with 10 or more workers who apply for a new LMIA are subject to a 10 percent cap on the percentage of their workforce that can consist of low-wage temporary foreign workers. There are, however, exceptions to the limit. The cap does not apply if an employer hires a temporary foreign worker for an agricultural position on a farm.

· Provide private health coverage until employees are eligible for provincial coverage.

· Register the TFW with the provincial/territorial board of occupational health and safety.

In nearly each case, overseas nationals shall gain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) to obtain a work permit from the College of Immigration and Citizenship Consultants. Canada gives certain applications under the International Mobility Program streams exempt from the need of LMIA. Canada additionally has agreements with countries to facilitate the migration of foreign nationals. The following programs fall under these bilateral and multilateral agreements without a need of an LMIA.
Significant Benefit
Intra-Company Transferees
International Trade Agreements

Significant Benefit
Another class this is LMIA-exempt is called Canadian Interest as this exemption deals with hiring a foreign national that could contribute to the Canadian economy. This process can take place via growing reciprocal employment between Canada and other countries or through means that will have a massive effect on Canada. IRCC has described the massive as the impact that must be “important or notable.” The employment of a foreign national shall result in a significant social or cultural gain to Canada.
Intra-Company Transferee
Employers can also additionally transfer temporarily foreign nationals to a subsidiary, parent or affiliate company that is located in Canada. The transfer may significantly improve their business, resulting in a similar significant benefit to Canadians. Transferred foreign nationals usually hold a managerial or executive position with specialized knowledge, proprietary knowledge and/or advanced expertise. If the foreign national is exempt from a visa to travel to Canada due to his/her country of origin, he or she can apply for a work permit at the port of entry.

– Persons under an Enforceable Removal Order
– Live-in-Caregiver Class
– Protected Persons
– Family Members of the Above
– Post-Graduate Work Permit
– Spouses or Common-law Partners in Canada Class
– Spouses of International Students
– Destitute Students

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