Immigration Corner | Applying for work permit or permanent residence

Dear Miss Powell,

I got a job offer to work in Canada, but I am not sure of the next steps as I’m not sure if Canada is accepting applications for work permits now. Can you please tell me if I would qualify for a work permit for Canada? Can I use the job offer to apply for permanent residence to stay in Canada afterwards? What documents do I need? Do I need to show settlement funds? Thank you for taking the time to answer my questions.

– MH

Dear MH,

Canada is currently accepting both temporary resident and permanent resident applications. A work permit is considered a temporary resident application. As a foreign national, to qualify for a work permit, you would need to first have a job offer from a qualified employer. Additionally, as part of the application process, you will need to clearly demonstrate that you have the education and work experience to qualify for the job being offered.

Although there are some exceptions, most jobs require the perspective employer to obtain a positive Labour Market Impact Assessment (LMIA) report to hire a foreign national. This report is issued after Employment and Social Development Canada has confirmed that the employer has made every effort to find someone in Canada to fulfil the position and has failed. A positive LMIA is also called a confirmation letter.

Once the employer has presented you with a LMIA report, you can apply for a work permit via the Immigration, Refugee and Citizenship Canada (IRCC) online portal, or you may seek the assistance of a Canadian immigration lawyer to review the job offer, and your credentials. Then if you are qualified, he/she will pepare and submit the application on your behalf.

Some of the documents you will need are the LMIA report, or exemption letter; a formal job offer or employment contract; a copy of your resume and educational credential assessment report or copies of your degree, diploma or certificate. These documents must be uploaded to the government’s portal when you apply for the work permit.

If you received your post-secondary education at a university or college outside of Canada, I strongly recommend that you get your highest degree or diploma assessed via one of the organisations listed on the government’s website, such as www.wes.org/ca or www.bcit.ca/ices/eca/. You should request an educational credential assessment (ECA) report, as this will be used by the government to verify that your foreign degree, diploma, or certificate is valid and equal to a Canadian one.

You should note that there are different types of ECA reports, and so you must request an ECA for immigration purposes. The ECA and your English language report (the International English Language Testing System or the Canadian English Language Proficiency Index Program) will be required if you plan on applying for permanent residence.

PERMANENT RESIDENCE

Canada has an immigration process called the Express Entry System that grants points based on factors such as age, education, language skills, work experience and other considerations, like spousal factors, family ties to Canada, job offer, and provincial nomination.

To apply for permanent residence, you will need to clearly show that you qualify under one of the established programmes, such as the Caregiver Programme, Federal Skilled Worker Programme (FSWP), Provincial Nominee Programme or Canadian Experience Class. You do not need to have a job offer to apply under the Express Entry System. However, a job offer will give you additional points and increase your chances of receiving an invitation to apply for permanent residence. If you have a valid job offer in Canada or qualify under the Canadian Experience Class, the settlement funds criteria would not apply to you, although I strongly recommend that you have savings equivalent to the government’s recommendation for the FSWP, to increase your options.

The information you have provided is not enough for me to assess if you would qualify for a work permit, but I have provided some basic factors that you need to consider when applying for a work permit or permanent residence.

To find out more about qualifying to work, live or study in Canada, I recommend that you complete our free online assessment form at www.deidrepowell.com or connect with us via WhatsApp at 613-695-8777 to book a telephone or Zoom meeting to guide you further.

Deidre S. Powell is an immigration lawyer and notary public. Connect with her via Facebook, Twitter and Instagram, or email: info@deidrepowell.com. Call 613-695-8777.