Immigration Corner | Can I get a work permit first?

Dear Miss Powell,

I am a lawyer in the Caribbean, and I would like some work experience in a law firm in Canada. Although I am contemplating possibly moving to Canada with my family later, I was wondering if it is possible to get a work permit first then apply to live there after. I would like to work in Ontario, near to my family. Is that possible? If so, can you tell me the steps to qualify to do so? Your kind response would be appreciated.

AN

Dear AN,

The Ontario legal system is based on common law, therefore, if you have the determination and can qualify under one of Canada’s immigration programmes, then you should be able to achieve your dreams of living and working in Canada. Most licensing professionals such as lawyers, doctors, veterinarian, and accountants, usually first seek to qualify under the Express Entry System and then apply to receive their licence to practise in a Canadian province of their choice.

There are several steps involved, and so I recommend that you connect directly with a Canadian immigration lawyer to explore the best course of action for you and your family. I will outline some of the factors that you would need to examine and that you should use as a guide when you consult directly with an authorised Canadian immigration lawyer.

PERMANENT RESIDENCE APPLICATION

You must first be a permanent resident of Canada before you will be authorised to practise law in Ontario. You cannot practise law in a law firm on a work permit. A work permit would not be issued before you have a licence to practise.

Most individuals qualify to live permanently in Canada via the Express Entry System. The Express Entry System is one that manages economic programmes such as the Federal Skilled Worker Programme, Federal Skilled Trade Programme, and the Canadian Experience Class. It also facilitates the selection of suitable candidates for nomination under some Provincial Nominee Programmes. Individuals are asked some basic questions to determine if they meet the threshold to be considered and admitted into the pool.

Immigration Refugee and Citizenship Canada (IRCC) will ask you some basic questions about your nationality, age, language ability, family members, education, work experience, and other information to determine if you qualify and the programme for which you are eligible. Once they have determined that you are qualified, you are admitted into a pool of candidates from which you could be selected to receive an invitation to apply for permanent residence. This is another step in the process. You will need proof of your language skills and an assessment of your educational certificates.

NATIONAL COMMITTEE OF ACCREDITATION

The educational credential assessment report that is required for immigration purpose will not be sufficient to confirm that you are authorised to practise law in Canada. Therefore, while you are waiting to be selected for permanent residence, you should also apply to the National Committee of Accreditation to review your law degree and certify that you have a qualifying degree to practise in Canada. They will require your transcript and a copy of your law degree and certificate that shows that you have successfully completed the Bar admission process in your own jurisdiction and which demonstrates that you are authorised to practise law in your current jurisdiction. Submit a copy of your transcript for your Bachelor of Law Degree and a Certificate of Legal Education for evaluation if you are from jurisdictions such as Jamaica, Barbados, Bahamas, or Trinidad. A Juris Doctor (JD) degree is usually accepted. However, a paralegal degree or a CILEx degree from England would not be a qualifying degree. You can visit the National Accreditation Committee’s (NCA) website to complete their self-assessment questions to determine if you would qualify.

If you qualify, the NCA will send a letter to outline the next steps in the process to get a Qualifying Certificate. Full details of this process to becoming a member of the Ontario Bar can be found on the Law Society of Ontario website.

The above is just a summary of some of the factors to consider as the qualifications of your spouse could be a significant factor. Coming to Canada and qualifying to practise are separate applications. The process can sometimes seem intimidating and time-consuming. However, I am sure you know the value of personally meeting with an experienced counsel to assist you with this process. I recommend that you book a telephone and Zoom consultation.

Deidre S. Powell is a Canadian immigration lawyer and notary public with office in Ottawa, Ontario. Contact her via www.deidrepowell.com or connect with her via Facebook, Twitter and Instagram.