LIMA Work Permit
Canada Temporary Work Permit
An offer of employment to a foreign worker is usually required from a Canadian employer before the worker may be granted a Temporary work Permit by Employment and Social Development Canada (ESDC). This is a several step process. A temporary Resident Visa (TRV) may also be needed in order to enter Canada, depending upon the foreign workers country of citizenship.
Temporary work permits allow over 300,000 foreign workers to travel to Canada each year. Whilst working in Canada temporarily, a work permit will be required by most foreign workers.
LMIA Exemption
Working In Canada Without A LMIA
In most cases, a positive Labour Market Impact Assessment (LMIA) must be received by a Canadian employer to allow a temporary foreign worker to enter Canada. However in certain scenarios, the need for this LMIA could be waived.
Working in Canada without a LMIA is a possibility, shown below are some common scenarios where an LMIA is not required.
-- Significant benefit to society ( e.g. scholarly contributions ; publications ; leading role in an organization ; …)
-- Reciprocal employment
-- Canadian Experience Class
Intra Company
INTRA COMPANY TRANSFER
A foreign business who has a Canadian parent company, branch, subsidiary or affiliate has the option to bring key employees to Canada using the Intra-Company Transfer program.
Intra Company Transfer:
A Labour Market Impact Assessment (LMIA) is not required when gaining a work permit through this program, although workers and employers who use the Intra Company Transfer must adhere to all provisions governing temporary work in Canada, this includes obtaining a Temporary Resident Visa, if necessary.
To take part in this program, a transferee must have at least one year of full-time work experience with the foreign business and be performing comparable work when at the Canadian affiliate. This work must fall under one of three categories:
-- Executive- An employee who directs the management of the business or a major component of it
-- Senior Managerial- An employee who manages all/part of the business and supervises/controls the work of other managers/professional employees.
--Specialized Knowledge- An employee who possesses expertise of the company’s product/service, or an advanced knowledge in the enterprise’s processes and procedures.
Work After Study
Post-Graduate Work Permits
After completing studies in a designated post-secondary learning institution on an eligible program, international graduates may apply for a Post-Graduation Work Permit, allowing them to work in Canada.
Working In Canada After Graduation
To be eligible for a Post-Graduation Work Permit, the following criteria must be met by the international student:
== The student must have studied full-time in Canada in at least an eight month long program.
--An application for the permit must be entered within 90 days of receiving confirmation from their academic institution that they have met the requirements of their program.
-- The student must have completed and passed the program of study, receiving written notification that they are eligible to obtain their degree, diploma or certificate.
--The student must have a valid study permit when applying for the work permit.
Owner Work Permit
Owner/Operator Work Permit
Owner/Operator Work Permits:
For a successful work permit application, the positive approval of a Labour Market Impact Assessment (LMIA) is usually required, this is where the difficulty lies in the standard work permit process.
Despite this, many business owners could be eligible for an Owner/Operator work permit, which would mean that it would not be necessary for them to meet the advertising requirements of the LMIA . This makes the process much easier, as it eliminates what is usually the most problematic part of the work permit application.
This work permit, therefore, provides a facilitated route that allows foreign nationals to enter the country and run their business. Most business owners would be extremely reluctant to surrender the helm of their Canadian business due to a lengthy work permit application process, meaning they would often look elsewhere to start or expand their business. Thanks to the option this permit allows business owners, this issue is effectively addressed.
