Working in Canada

To be able to work in Canada when you are neither a permanent resident nor a Canadian citizen, you will need a work permit, generally called a “work visa”, except in some rare cases. The regulations apply even for a short period of employment, as soon as the work is to be done on Canadian soil.

The general rule

There are multiple programmes in Canada under which an application for a work permit can be made.

First and foremost, it is important that the foreign candidate find an employer to offer him/her a job, within a specific immigration framework, and who is ready to support his work permit application.

The general rule is for the employer to then apply for a preliminary Labour Market Impact Assessment (LMIA) and a CAQ – Quebec Acceptance Certificate (only in this province). Once these documents have been obtained, the candidate can apply for a work permit.

Under this programme, the employer must prove he has not been able to recruit a Canadian citizen or a permanent resident for the job. This is generally done by demonstrating that no candidates fitting the job description have been found, after posting a job offer carried out according to precise rules.

This process can seem tedious. However, the shortage of labour in Quebec and Canada over the past few years means that demonstrating the need to hire a foreign candidate is all the easier.

Numerous exceptions:

There are many exemptions to this general rule.

For certain LMIAs, posting a job offer is not necessary as the profession is considered as being “de facto” in shortage. This is the case for professions eligible under the facilitated process in Quebec or the LMIA under the Global Talent Stream.

In many cases, it is not even necessary to apply for a LMIA (and a CAQ in Quebec). In these cases, the employer makes a job offer, and the foreign candidate applies directly for his work permit.

For example, here are a few programmes that do not require a LMIA (and CAQ): - Intra-company transfers (company group) - Young professionals permit - Francophone mobility (outside Quebec) - Entrepreneur work permit

Where to start:

Apart from some specific cases such as a work permit for a spouse, a post-graduation permit, or WHP, in order to obtain a work permit, a job offer from an employer is required.

Before starting a visa application, the foreign worker must first find a job in Canada and an employer to support the application.

With a job offer in hand, the immigration formalities can be started. Steps need to be undertaken by both the employer and the foreign candidate. Most processes are undertaken on line, but it is still possible, in certain cases, to request a work permit upon arrival in Canada.

A work permit application usually takes between 3 and 6 months to be processed. Time limits can vary considerably depending on where the application is made.

Our services:

Our role, as lawyers and regulated immigration consultants, involves defining the best temporary immigration strategy with our clients, that is, to recommend the best-adapted work permit for an expatriation.

Many criteria are to be taken into consideration, notably:

- Candidate’s nationality

- Age

- Completed qualifications

- Current and past work experience

- Salary conditions, job title and considered role in Canada

- Type of employer

- Province of settlement

These recommendations also take into account the family situation of the foreign worker, as well as his/her plans to become, or not, a permanent resident of Canada at the end of the employment period.

Once the strategy has been defined, we provide a turnkey service: tasking ourselves with all the immigration forms, the preparation of required documents, as well as communications with the authorities, whether for the employer or the employee.

All information is collected in a secure manner. In particular, we offer our clients a personalised portal onto which they can upload all the required documents. Nothing is done via email thus guaranteeing optimal data protection.

Once the application has been submitted, we keep the foreign candidate informed on a regular basis. When the permit is issued, the client receives clear information regarding the immigration regulations that apply to temporary workers so he/she remains in compliance at all times, and we advise him/her regarding the rest of his/her expatriation in Canada.

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