eLHR

CANADA WORK VISA

Canada offers various work visa options for foreign nationals seeking employment in the country. These visas are primarily categorized into two main programs: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). Each program has specific requirements and processes that applicants must follow.

Temporary Foreign Worker Program (TFWP)

The TFWP is designed to allow Canadian employers to hire foreign workers to fill temporary labor shortages. The key steps and requirements include:

  1. Labor Market Impact Assessment (LMIA): Before hiring a foreign worker, employers must obtain a positive LMIA from Employment and Social Development Canada (ESDC). This assessment confirms that there is a need for a foreign worker and that no Canadians are available to do the job.
  2. Job Offer Letter: Employers must provide a detailed job offer letter that includes information about the role, salary, working location, and other relevant details. This letter serves as an employment contract.
  3. Visa Application: Once the employer has secured a positive LMIA and provided the job offer, the foreign worker can apply for a work visa. The application process typically involves submitting documents such as:
  • Positive LMIA
  • Job offer letter
  • Proof of identity (passport)
  • Health records
  • Financial records
  • Biometrics
  1. Eligibility Requirements: Applicants must meet specific eligibility criteria, including having relevant work experience or qualifications for the position they are applying for.
  2. Approval Process: If approved, applicants will receive an approval letter which they present at the port of entry when arriving in Canada. They will then receive their work permit.

International Mobility Program (IMP)

The IMP allows employers to hire foreign workers without needing an LMIA under certain circumstances. This program is designed to facilitate international mobility for individuals who can contribute to Canada’s economy or cultural diversity. Key aspects include:

  1. Exemptions from LMIA: Certain categories of workers may be exempt from obtaining an LMIA, such as those under international agreements (e.g., NAFTA), intra-company transferees, or those involved in significant benefit activities.
  2. Job Offer Requirements: Similar to TFWP, employers must provide a job offer letter detailing the terms of employment.
  3. Visa Application Process: Workers applying under IMP also need to submit various documents with their visa application, including:
  • Job offer letter
  • Proof of identity
  • Health records
  • Financial records
  • Biometrics
  1. Work Permit Issuance: Upon meeting all requirements and receiving approval, workers will get their work permits upon arrival in Canada.

Types of Work Permits

There are two main types of work permits issued under these programs:

  1. Open Work Permit: This type allows individuals to work for any employer in Canada except those who are listed as ineligible. Open work permits are often granted to spouses or common-law partners of skilled workers or international students.
  2. Employer-Specific Work Permit: This permit ties the worker to a specific employer and requires them to adhere strictly to the conditions outlined in their job offer and LMIA (if applicable).

Additional Considerations

  • Duration of Stay: Work permits are typically issued for a limited duration based on the length of employment specified in the job offer or LMIA but can sometimes be extended if conditions allow.
  • Pathway to Permanent Residency: Many temporary workers may seek permanent residency through various immigration pathways after gaining Canadian work experience.

In summary, Canada provides multiple avenues for foreign nationals seeking employment through structured programs like TFWP and IMP, each with its own set of requirements aimed at ensuring both labor market needs and compliance with immigration regulations.

For more enquiries on a Canada Work visa, book a consultation with a consultant with e-lhr

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