Immigration Corner | Work in Canada temporarily

Dear Miss Powell,

I read your articles all the time and I notice that you talk mostly about programmes for people who want to live permanently in Canada. I would like to have some experience working in Canada. I don’t want to live there. I’m just interested in working there about three to five years to gain some international experience and to save up some money to pay off for my house. Is there a programme that would allow me to work on a short-term basis? How can I apply?

JJ

Dear JJ,

The government of Canada recognises that there are significant shortages of workers in health-related, agriculture, food processing and trucking sectors, to name a few. Consequently, they have implemented the Temporary Foreign Worker (TFW) Programme to assist qualified Canadian employers to hire foreign workers on a temporary basis to fill the gaps in the labour market.

The TFW programme is regulated through the Immigration and Refugee Protection Act and Regulations, and is administered in partnership with Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency. Qualified individuals can apply online or at various Canada-USA borders for some programmes. The key is to ensure that you meet the requirements and have all the supporting documents before you apply.

LABOUR MARKET IMPACT ASSESSMENT

The TFW programme is designed to assist the Canadian employers or is deemed to be employer-focused. Therefore, the first step in this application process would be to connect with an employer who has the permission of the government to hire a foreign worker. The employer would need to first contact Employment and Social Development Canada (ESDC), through its Service Canada processing centres, to obtain a Labour Market Impact Assessment (LMIA).

The LMIA report will outline the likely effect that foreign workers would have on the Canadian labour market, if they were permitted to work in Canada. The employer would be asked to present proof of efforts to find local workers, through advertisement and recruitment processes. ESDC will then examine the available labour market information, the wages, job description, working conditions, as well as the likelihood that these potential employees would be able to train other persons who are currently residing in Canada.

They would be provided with a report of their findings, which would permit them to hire a foreign national. The employer would need to provide you with a copy of the LMIA report.

GENUINE JOB OFFER

To apply for a work permit, you will need a valid job offer supported by an LMIA report from a legitimate employer. The offer must be a genuine one and IRCC has provided the requisite guidelines for this offer. This offer will be assessed based on proof that the employer is “actively engaged” in the business; the offer must be consistent with the reasonable employment needs of the employer; it must have terms the employer is reasonably able to fulfil and must be from an employer or their authorised recruiter. The employer or recruiter needs to have shown past compliance with federal and provincial or territorial laws that regulate employment or recruitment in the province or territory where the foreign national will be working. It is important to investigate these factors before applying for a work permit.

Once you have all the relevant documents, you may apply for a work permit via the online portal at www.Canada.ca. You will be required to upload all the relevant forms and documents then pay the required fees. You will also be required to provide your biometrics and pass the background checks before your application will be approved. If you have doubts about your ability to complete the application, then you should seek the assistance of a Canadian immigration lawyer.

NO LMIA REQUIRED

Most TFW will require a job offer from an employer with a valid LMIA report to apply for a work permit. There are only a few exceptions to this requirement. These emptions may fall under public policy, international agreements, workers falling under the Commonwealth Caribbean Seasonal Agricultural Workers Program, and other unique work situations. Some of the occupations that would be exempt are missionaries, religious workers, camp owners or directors, freelance race jockeys, and fishing guides. The exempted list also includes qualified coaches, athletes, summer camp counsellors, performing arts, academic exchanges such as academic award recipients, lecturers, professors, and researchers.

There is also the LMIA exempt work permit category, where an individual is required to provide proof that the work in Canada would involve a “significant investment project” that has been endorsed from the province. Such a project would need to be a new endeavour in an existing firm’s operations, or the entrance of a firm that is beginning operations in a province that will result in a substantial improvement to the provincial labour market or economy, without displacing jobs for those who are already legally able to work within Canada.

Additionally, some provinces have implemented programmes to meet their labour shortages and so foreign nationals can apply for a work permit without an LMIA under the category of ‘significant benefit’. These programmes usually change according to the demand. One example is that a French-speaking physician who has the approval of the Quebec Department of Health and Social Services may get an LMIA-exempted work permit to help the province of Quebec to address a shortage of French-speaking physicians in underserved areas.

NO WORK PERMIT

Some jobs do not require a work permit to work in Canada. Most fall under the International Mobility Programme (IMP) which authorises employers to hire temporary workers without an LMIA, if these jobs fall within the broader economic, cultural, or other competitive advantages for Canada; or there are some reciprocal benefits enjoyed by Canadians and permanent residents.

Another important benefit under the IMP is that certain foreign nationals are permitted to work without a work permit in Canada, for a short period of time, when authorised under the Immigration and Refugee Protection Regulations. Examples of this are airline personnel, actors, directors, performing artistes, technicians, creative personnel, and other crew members who are an essential part of a movie or production.

I recommend that you speak with a Canadian immigration lawyer to discuss the possibilities of qualifying under the programmes listed here, as well as those that fall under the Atlantic Immigration Programme and other provinces.

Deidre S. Powell is a lawyer, mediator, and notary public in Canada. Send your questions and comments via www.deidrepowell.com. Connect with her via Facebook.