Gerami Law PC assists clients who are temporary workers and require a work permit to obtain authorization to legally work in Canada. Because processing times depend on the type of work the foreign national will do when they come to Canada, our team will work to help the client fulfill the legal requirements to achieve their goal within the best time possible.
Eligibility To Apply From Outside Canada
Our clients who would like to apply for a work permit from outside Canada are eligible to do so by submitting the following documents to the Immigration, Refugees and Citizenship Canada, which our team may assist with:
- a job offer from a Canadian employer;
- a completed application that shows that they meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations; and,
- a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) confirming that the employer can hire a foreign worker to fill the job.
Some clients may be exempt from the requirement to obtain a job offer and/or a LMIA, depending on their situation and the type of work they wish to pursue.
Clients who want to apply for a work permit from outside Canada may use our team’s guidance to comply with the mandatory requirements of the Act and Regulations, including:
- to satisfy a visa officer that they will leave Canada at the end of their work permit;
- to show that they will not engage in employment with an ineligible employer;
- to show that they have enough money to support themselves and their family while they are in Canada;
- to show that they respect the law and have no criminal record (they may be asked to provide a Police Clearance Certificate);
- to show that they are not a risk to the security of Canada; and
- to show that they are in good health (they may be asked to submit to a medical examination).
Eligibility To Apply From Inside Canada
We support our clients who want to apply for a work permit from inside Canada by helping them to determine whether they are eligible to proceed accordingly.
The following persons may apply for a work permit from within Canada:
- holders of a valid study or work permit and their family members
- those who have graduated from a program at a Canadian university, community college, CÉGEP, publicly funded trade/technical school, or other eligible school;
- individuals who have a work permit for one job but want to apply for a work permit for a different job;
- holders of a temporary resident permit that is valid for six months or more;
- individuals who have has for refugee status in Canada and are waiting for a decision from the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada; or
- those that have had their refugee claim turned down by the RPD but cannot be removed from Canada for reasons beyond their control; or
- individuals who submitted an in-Canada application for permanent residence in classes such as spouse or common-law partner, humanitarian and compassionate considerations and/or protected persons.
To apply for a work permit, they must have in their possession the following documents:
- a job offer from a Canadian employer (in most cases);
- a complete application showing that they meet the requirements of the Act and the Regulations; and,
- a LMIA from ESDC confirming that the employer can hire a foreign worker to fill the job.
Some clients may be exempt from the requirement to obtain a job offer and/or a LMIA, depending on their situation and the type of work they wish to pursue.
Once they are eligible and have in their possession the documents described above, clients must:
- satisfy an immigration officer that they will leave Canada at the end of their work permit;
- not engage in employment with an ineligible employer;
- show that they have enough money to support themselves and their family while they are in Canada;
- show that they respect the law and have no criminal record (they may be asked to provide a Police Clearance Certificate).
- show that they are not a risk to the security of Canada; and
- show that they are in good health (they may be asked to submit to a medical examination).
Eligibility To Apply As You Enter Canada
Gerami Law PC assists clients who may wish to apply for a work permit as they enter Canada. Our immigration lawyers help clients determine whether or not they meet the legal requirements to apply for a work permit in this way, and advise them on the documents they need to present at the port of entry, such as for example a labour market opinion from ESDC.
If Your Family Members Want To Work In Canada
We help clients who are authorized to work in Canada by virtue of a work permit to apply for work permits for their accompanying family members, such as their children, spouse or common-law partner, so that these family members may also be able to work in the country.
Accompanying family members of those who have a work permit may require a job offer and a LMIA to apply for a work permit. However, spouses or common-law partners may be eligible for an open work permit, which allows them to work in any job with any employer, and be hired without the employer needing to obtain a LMIA from ESDC. We assist our clients in determining whether their spouse or common-law partner is eligible to apply for an open work permit.
The spouse’s eligibility for an open work permit depends on the skill level of the client’s job; if the client’s job is listed as NOC 0, A or B in the National Occupational Classification and they are authorized to work in Canada for a period of at least six months, their spouse or common-law partner will be eligible for an open work permit. While this kind of permit is open to any employer, it should be kept in mind that certain jobs may have additional requirements such as medical checks or licensing from professional organizations.
If our client is working in an occupation that requires a lower level of formal training, their spouse or common-law partner may also be eligible for an open work permit through an active pilot project.
Jobs That Do Not Require A Work Permit
We help our clients discern if their occupation requires a work permit. Other requirements may need to be met even if a work permit is not required.
The following is a non-exhaustive list of categories that do not require a work permit:
- Athletes and coaches
- Aviation accident or incident investigators
- Business visitors (“Business people” is a different category with different requirements)
- Civil aviation inspectors
- Clergy
- Crew members
- Emergency service providers
- Examiners and evaluators
- Expert witnesses or investigators
Family Members Of Foreign Representatives
Our clients under this category comprise of foreign representatives’ spouses, common-law partners and children who want to be able to work in Canada without a work permit.
We provide assistance to them by ensuring that they first obtain:
- an accreditation (counterfoil in their passport) from the Department of Foreign Affairs, Trade and Development (DFATD). Family members who are not accredited with diplomatic status may qualify for a student or a work permit under regular immigration requirements; and
- a letter of no-objection from DFATD (normally only issued if there is reciprocal employment arrangement in place with the client’s originating country).
Students Working On Or Off Campus
Foreign students may work on campus without a work permit at the institution where they study if:
- they are a full-time student at:
- a public post-secondary institution, such as a college or university, or a collège CEGEP in Quebec;
- a private post-secondary institution that operates under the same rules and regulations as a public institution, and receives at least 50 per cent of its financing for its overall operations from government grants (currently only private college-level educational institutions in Quebec qualify); or
- a Canadian private institution authorized by provincial statute to confer degrees; and
- they have a valid study permit.
Foreign students may work off campus without a work permit for up to 20 hours per week during regular academic sessions and work full-time during scheduled breaks, such as the winter and summer holidays or spring break, if they:
- have a valid study permit;
- are a full-time student;
- are enrolled at a designated learning institution at the post-secondary level or, in Quebec, a vocational program at the secondary level; and
- are studying in an academic, vocational or professional training program that leads to a degree, diploma or certificate that is at least six months in duration.
Gerami Law PC works with foreign embassies to assist full-time foreign student ensure that they comply with their study permit requirements, which is a condition to work without a work permit in Canada. We also assist foreign students with issues surrounding their study permits, such as school transfers and study permit renewals.
Performing Artists
We assist and provide information to foreign artists and their essential support staff to ensure they can work in Canada without a permit and that they understand their work requirements.
Performing artists and their essential support staff can only work without a work permit if:
- they are only performing in Canada for a limited period of time;
- no employment relationship is formed with the Canadian group that has contracted for their services; and
- the performance is not for the production of a movie, television or radio broadcast.
The performing artists falling into the category of individuals who can work in Canada without a work permit include but are not limited to:
- foreign-based band or theatre group and their essential crew not performing in a bar or restaurant;
- street performers (buskers), DJs;
- foreign or traveling circus;
- guest artists within a Canadian performance group for a time-limited engagement;
- wrestlers (WWE & similar groups);
- private event performers (e.g. wedding);
- air show performers;
- rodeo contestants;
- artists attending or working at a showcase;
- film producers (business visitors);
- film and recording studio users (limited to small groups renting studios not entering the labour market and business visitors); and
- guest speakers on Canadian TV and radio broadcasts
Health-care Students
Our immigration lawyers assist health-care students who wish to undertake a clinical clerkship in Canada. To be relieved from having to obtain a work permit, the work must meet the following requirements:
- the work must be directly related to human health care;
- the main purpose of the activity must be to acquire training, not to conduct research;
- a written approval from the Canadian regulatory board responsible for the occupation was obtained (only required from certain provinces); and
- the training practicum (work placement) is temporary and will not exceed four months
A work permit is required if the work exceeds four months or if any other of the above requirements is not met; this includes medical residency, long-term paid training or fellowship positions for foreign students in Canadian clinical settings. However, foreign health-care students may qualify for an exemption from a LMIA when applying for a work permit.
Foreign health-care students are required to undergo a Canadian immigration medical examination before coming to Canada.
Crew Members
Gerami Law PC assists foreign crew members, such as truck drivers, bus drivers, shipping, and airline personnel, to determine whether they need a work permit to perform their duties in Canada.
Crew members under this category are exempt from a work permit if:
- they work aboard a foreign-owned mode of transportation that is not registered in Canada;
- they are engaged primarily in international transportation; and
- their duties relate either to operation and maintenance of the vehicle, or to provision of services to passengers.
We also assist foreign crew members with acquiring temporary resident visa or with addressing travel document expiry issues while they are in Canada.
Types Of Work Permits
There are two types of work permits issued in Canada: Closed Work Permits and Open Work Permits.
Gerami Law PC can assist you by:
- Assessing your options for a work permit;
- Ensuring that your forms are properly filled and that you have all the required documents;
- Writing submissions on your behalf to explain your specific situation to Immigration, Refugees and Citizenship Canada (IRCC) officials; and
- Communicating with IRCC on your behalf.
Closed work permits are employer specific and allow the employee to work for a certain employer in a certain type of job. Any promotion must be accompanied with a new work permit to comply with the immigration regulations. Most closed work permits require a LMIA, but there are some professions and certain situations when an employee can be LMIA-exempt and still require a work permit, such as a professional athlete.
Open work permits allow the individual to work for any company, in any position; however, there are limited categories of foreign individuals entitled to an open work permit:
- Individuals who applied from within Canada to be sponsored by their spouse or common-law partners, who is a Canadian citizen or Permanent Resident;
- Individuals in Canada who applied for permanent residence under one of the economic classes and whose current work permit does not expire in the next four months;
- Spouses of foreign students or temporary skilled workers;
- Individuals applying for working holiday exchange programs under International Experience Canada;
- Persons who are in Canada with a Temporary Resident Permit valid for at least 6 months and who cannot support themselves without working;
- Individuals whose refugee claim was accepted, whether they have applied for permanent resident status or not;
- Individuals who applied for refugee protection and have no other means of supporting themselves while awaiting the decision from the Refugee Protection Division;
- Refugees whose claim was rejected, but who are not yet removed from Canada and cannot afford to cover their basic needs without working;
- Family members of foreign representatives or foreign military members who are working in Canada, where a reciprocal employment arrangement exists between Canada and their country of origin;
- Professional athletes allowed to enter Canada and who need to work to support themselves while playing for a Canadian team; and
- Individuals who applied for permanent residence and were granted an exemption from a requirement of the Immigration and Refugee Protection Act on humanitarian and compassionate grounds.
If you are interested in more information about open or closed work permits, do not hesitate to contact us and inquire about the services we can provide you.