|
How to get a temporary work permit |
|
|
Every year tens of thousands of foreign nationals enter Canada to work
temporarily. All foreign nationals, with the exception of some business
and entertainment personnel, must obtain a work permit prior to working
in Canada.
 Over the next few articles I will outline and discuss the different work permits available to foreign nationals wishing to enter Canada for temporary work. A work permit does not permit a person to remain in Canada forever. A work permit is not an immigrant visa but a temporary permit, allowing a foreign national to take temporary employment within Canada.
In the majority of instances, a foreign national must have a job offer before obtaining a work permit. Service Canada (formerly know as Human Resources and Skills Development Canada) must also have issued a positive Labour Market Opinion pertaining to the job offer.
When deciding upon a request for a positive Labour Market Opinion, Service Canada will consider whether the job offer is genuine, whether the work is likely to result in either job creation or retention for Canadian citizens and permanent residents, whether the job is likely to transfer skills and knowledge to Canadian citizens and permanent residents, and whether the work is likely to fill a labour shortage.
In addition, Service Canada will ensure that the Canadian Employer has made reasonable efforts to hire and train Canadian citizens and permanent residents to fill the position and that the Employer is offering the prevailing wage for the position. If the hiring of the foreign national is likely to affect a labour dispute, Service Canada will most likely not issue a positive Labour Market Opinion. Instances which do not require a positive Labour Market Opinion from Service Canada will be discussed in a future article.
Once a foreign national has received a genuine job offer and a positive Labour Market Opinion, they may then apply for a Canadian Work Permit at the visa post responsible for their country of origin. In some instances, a foreign national may apply for their work permit directly at the port of entry.
Foreign nationals who must apply outside of Canada for their work permit include all persons who require a temporary resident visa, all persons who require a medical exam, seasonal agricultural workers and foreign nationals who will be participating in the Live-in caregiver program.
Applying at a visa post will take significantly more time than applying at a port of entry, some countries have backlogs of up to eight months. The procedure for an out of Canada application involves the submission of the genuine job offer, the Labour Market Opinion from Service Canada, the Citizenship & Immigration Canada Work Permit Application Form, the application fee and all supporting documentation which will include degrees, diplomas, and certifications if applicable, biographic documentation and reference letters.
In some cases, it may be more beneficial to apply for a work permit outside of Canada, even if the foreign national is eligible to apply at the port of entry. A case may be more thoroughly examined at a visa post than at the port of entry.
Written submissions will be more carefully reviewed and contact with the visa officer who is processing the application may be allowed, resulting in any confusion or minor concerns being dealt with instead of a denial being issued.
As this brief overview illustrates, there are many options available for a foreign national wishing to temporarily work in Canada or an employer wishing to hire a foreign national.
Look for future articles which will examine and discuss the different types of work permits and processing options.
|
Features 
