Work permit

Information for Employers
Exemptions from the Labour Marketing Opinion Process
Information Technology Workers
Working in Canada under NAFTA
Working Holiday Programs
Finding a Job in Canada

Mamann, Sandaluk & Kingwell handles all types of work permit applications in all categories.

Work permits are necessary for engaging in most types of employment in Canada.

Temporary workers must also meet the requirements that apply to all temporary residents in order to come into Canada.

Most people are required to get job offer validation from the Human Resources and Social Development Canada (HRSDC) before they are able to receive a work permit. The employer must demonstrate to HRSDC that a foreign national is required to fill the job opportunity. HRSDC takes into consideration the impact of hiring a foreign national on the Canadian labour market.

Depending on the nature of the employment and where the applicant has lived during the past year, one may be required to undergo a medical examination and produce a satisfactory medical assessment before a work permit can be issued.

Work permit holders should ensure that both visitor status as well as the expiry of their work permit does not elapse while in Canada, if they are nationals of a non-visa exempt country.

In certain cases, spouses of work permit holders may qualify to work in Canada without a labor market opinion from HRDC.

Upon arrival in Canada, if the worker changes his/her job description, changes his/her job or if his/her work will take longer than anticipated, he/she is required to amend the conditions of his/her work permit.

INFORMATION FOR EMPLOYERS

Employing foreign workers can be an integral part of a company's business strategy. Call Mamann, Sandaluk & Kingwell to see how our professionals can help your company realize its growth objectives through the hiring of foreign workers.

Labour market opinion now valid for 6 months

A Labour Market Opinion must be used within a maximum of six months of issuance.

Effective May 19, 2009, all Labour Market Opinions (LMOs) issued to employers will be valid for the purpose of work permit applications for a maximum of six months from the date of issuance. A LMO that is not submitted to Citizenship and Immigration Canada (CIC) to support a work permit application within the maximum six-month period will be deemed to have expired. The employer will be required to apply for a new LMO if he/she still wishes to hire a temporary foreign worker.

NOTE: All unused LMOs issued before May 19, 2009, will expire on November 19, 2009.

Click on the following link to view the policy announcement by the HRSDC.

Minimum Recruitment Requirements

An application for a labour market opinion will require proof of recruitment efforts by the employer.

For all occupations under the National Occupations Classification, the minimum requirement is to advertise on the Government of Canada's job bank website for fourteen (14) calendar days. A new policy was released in January, 2009, and replaces the previous "occupations under pressure" policy which was implemented to reduce the amount of time an employer would wait before hiring a foreign worker to fill a particular labour shortage. This new policy also reflects a departure from previous policy of not requiring proof of recruitment efforts for live-in caregivers and seasonal agricultural workers.

While further requirements apply depending on the skill level of the particular occupation (i.e., O, A, B, C or D), under the new policy Human Resources and Skills Development Canada may require additional advertising if they believe that those "additional efforts would yield qualified Canadian citizens or permanent residents who are available to work in the occupation and region."

NOC O (Management) and A (University degree) Occupations

You will have conducted the minimum recruitment efforts required if you:

• Advertise on the national Job Bank for a minimum of fourteen (14) calendar days, or
• Conduct similar recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations)

during the three (3) months prior to applying for an LMO.

The advertisement must include the employer's name, business address and wages being offered.

NOC B Occupations (College education or apprenticeship training)

You will have conducted the minimum recruitment efforts required if you:

• Advertise on the Government of Canada's national Job Bank for a minimum of fourteen (14) calendar days during the three (3) months prior to applying for an LMO.

The advertisement must include the employer's name, business address and wages being offered.

NOTE: These are minimum requirements; HRSDC may impose others.

NOC C and D Occupations (high school education, specific training, or on-the-job training including live-in caregivers and seasonal agricultural workers)

You will have conducted the minimum recruitment efforts required if you:

• Advertise for a minimum of 14 days on the Job Bank (or the equivalent in Saskatchewan, Quebec or the Northwest Territories) during the three (3) months prior to applying for an LMO;
• Conduct similar recruitment activities consistent with the practice within the occupation. For example, advertisement could be on recognized internet job sites, in local and regional newspapers, in ethnic newspapers and internet sites, at community resource centres (Aboriginal and newcomers) and local regional employment centres.

In addition, the employer must

• Demonstrate reasonable ongoing recruitment efforts which include communities that face barriers to employment (e.g. Aboriginals, older workers, other disadvantaged groups).

The advertisement must include the employer's name, business address and wages being offered.

NOTE: These are minimum requirements; HRSDC may impose others.

Position Covered by a Collective Agreement

If you are seeking to hire a temporary foreign worker for a position that is covered under a collective agreement, you must agree to pay either the rate established by the collective agreement or the prevailing rate established by HRSDC/SC, whichever is higher. In addition, if your offer benefits to Canadian workers or permanent residents, the same benefits must be extended to temporary foreign workers.

Additional Advertisement Efforts

HRSDC/SC reserves the right to require alternative or additional advertising efforts (i.e., increased duration [length of time] or broader advertisement [whether local, regional, or national]) if, it believes that additional efforts would yield qualified Canadian citizens or permanent residents who are available to work in the occupation and region.

For all occupations, contact your Service Canada Centre.

Proof of Advertisement

You must be prepared to demonstrate that you meet the advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents as part of the LMO process (e.g., information on the qualifications of Canadian applicants and why they were rejected). Records of your efforts should be kept for a minimum of six (6) years, as stipulated in certain provincial and federal legislations, such as the Income Tax Act.

Click on the following link to view the official policy announcement by HRSDC.

HRSDC Website Foreign Worker

EXEMPTIONS FROM THE LABOUR MARKET OPINION PROCESS

The following categories of employment are exempted from the requirements of obtaining a work permit in certain specific situations defined in the Immigration and Refugee Protection Act, Regulations and immigration manuals. If you believe that your occupation falls into one of these categories, please call Mamann, Sandaluk & Kingwell for a consultation.

Business visitor
Foreign representatives
Family members of foreign representatives
Military personnel
Foreign government officers
On-campus employment
Performing artists
Athletes and coaches
News reporters
Public speakers
Convention organizers
Clergy
Judges and referees
Examiners and evaluators
Expert witnesses or investigators
Healthcare students
Civil aviation inspector
Accident or incident inspector
Crewmembers
Emergency service providers

For a complete listing of the categories of work that do not require validation from HRSDC, please go to the following link: Common HRSDC Confirmation Exemption Categories of Work.

INFORMATION TECHNOLOGY WORKERS

Canada has a simplified entry process for workers whose skills are in high demand in the software industry. Work permit applications are processed expeditiously for the following seven occupations:

Senior Animation Effects Editor (NOC 9990.1)
Embedded Systems Software Designer (NOC 9990.2)
MIS Software Designer (NOC 9990.3)
Multimedia Software Developer (NOC 9990.4)
Software Developer—Services (NOC 9990.5)
Software Products Developer (NOC 9990.6)
Telecommunications Software Designer (NOC 9990.7)

WORKING IN CANADA UNDER NAFTA

Under the North American Free Trade Agreement (NAFTA), which applies to citizens of Canada, Mexico, and the United States, applicants may apply for work permits in Canada without obtaining HRDC validation. Work permits can be issued under NAFTA to individuals who apply under the following categories:

Business visitors
Traders and investors
Intra-company transferees
Professionals, a category that includes many professions, a full list of which can be found in Chapter 16 of the NAFTA.

NAFTA does not replace the general provisions for temporary entry to Canada, but merely adds to them. A Canadian immigration officer will decide whether it is more advantageous to an applicant to be admitted under the general provisions for temporary foreign workers or under the NAFTA. In either case, all other provisions of Canadian immigration law remain in effect with respect to travel and identity documentation and the protection of public health, safety and national security.

WORKING HOLIDAY PROGRAMS

This category is designed for the use of Canadians between the ages of 18 and 35 who are seeking employment abroad. It describes ways of gaining access to the various employment markets, along with specific procedures to follow depending on the personal situation of the applicant and the rules of the program in question.

Click here for a list of countries that have reciprocal agreements with Canada in relation to Working Holiday programs.

FINDING A JOB IN CANADA

Finding a satisfying and rewarding job in a new country is usually a new immigrant’s prime objective. In our experience, most immigrants to Canada conduct some basic exploration of the Canadian job market in the industry and geographic are in which they are interested. Applicants who apply with a firm job offer/arranged employment will experience shorter wait times.

The following sites will assist you in planning your move to Canada and will give you a good idea of the kinds of positions that are available and under what conditions they are being offered:

Canadian Information Centre for International Credentials

Labour Market Information

National Occupational Classification

Software Human Resources Council of Canada