Bring a Foreign Worker to Canada
Are you planning to work in Canada or start a business in Canada? Are you employed by a corporation and are responsible for the transfer of foreign national employees into Canada? A thorough understanding of the Canadian work permit application process is highly relevant in any of these instances. What is Considered to be ‘Work’ for Canadian Immigration Purposes?"Work" is an action for which remuneration is earned or an activity (paid or unpaid) that competes directly with the activities of Canadians in the Canadian labour market. What are Canadian Work Permits?Canada work visas are also known as work permits.
Securing a work permit for any country is a complicated process, requiring detailed information about the rules and regulations for entry into the country of destination and must be commenced in advance of the employee’s travel to Canada. When can I carry out work without a Canada Work Permit?Some examples of authorized work without a permit include:
The General Rule: Canada maintains a ‘Canadians first’ policy whereby work permits are only issued where a positive Labour Market Opinion (LMO) is provided by Human Resources and Social Development Canada (HRSDC), confirming that the employment will not adversely affect Canadian citizens or Canadian permanent residents. There are different types of LMO’s issued by the HRSDC. For a full outline of the various LMO’s and their requirements please contact our Canadian immigration lawyers at 1-800-993-9971 or info@bomzalawgroup.com Exceptions to the General Rule: International Agreements: Various international agreements, including the North American Free Trade Agreement (NAFTA), or reciprocal agreements between Canada and other nations, allow for the issuance of a work permit without approval by the HRSDC. Intra-Company Transferees: Employees deemed to be ‘Intra-Company Transferees’ do not require a work permit where the professional was employed by an overseas parent, subsidiary, affiliate or branch of a Canadian company for at least 12 months in the last 3 years in a designated occupation and where the Canadian and foreign companies are in a “qualifying corporate relationship”. Significant Benefit: Foreign national employees whose work is deemed to have significant economic, social or cultural benefits to Canada may be issued a work permit without approval by the HRSDC. Spousal Work Permits: Spouses of foreign nationals who have been issued a work permit for Canada with a validity period of over six months may be issued a ‘spousal work permit’ enabling them to work for virtually any Canadian employer. Religious workers: Religious workers and certain workers or professionals governed by reciprocal agreements between Canada and other countries (youth camp workers, teachers, working holiday visa holders) may be issued a work permit without approval by the HRSDC. PNP: Provincial Nominee Program applicants in possession of a Provincial Nominee Certificate or Selection Certificate may be issued a work permit without approval by the HRSDC. Off-Campus Work Permits: Foreign nationals studying at an accredited post-secondary institution in Canada may work on or off-campus without HRSDC approval, subject to some additional requirements. The Bomza Law Group would be pleased to discuss your current and anticipated needs in the area of employee relocation and corporate immigration or individual immigration based on employment. We have found that an early canvassing of potential options leads to more opportunities and fewer "surprises" down the road. Please Contact Us for further information in this regard. |
