IMMIGRATION CONSULTANT * IMMIGRATION SERVICES CANADA - Seek advice from a Licensed Canadian ICCRC member !
www.csico.ca (Can Services & Immigration Consultancy)
TEMPORARY FOREIGN WORKER, LIVE-IN CAREGIVER, BUSINESS GROUP, FREE TRADE WORKERS, INTERNATIONAL EXPERIENCE CANADA
A Work Permit (WP) is a written authorization issued by an immigration officer that allows a person who is neither a Canadian Citizen (CC) nor a Permanent Resident (PR) to work in Canada. Depending on the nature of the activity, a person may be exempted from requiring a WP by virtue of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations ((IRPR). It is required whether or not the employer is in Canada. Usually, it is valid only for a specific employer, job, and length of time; and is usually issued based on a Labour Market Impact Assessment (LMIA) from Service Canada. In most cases, you will need a Job Offer.
A temporary foreign worker can work in Canada for a maximum period of 4 years. However, there are some exceptions to this rule if your intended work continues to maintain significant social, cultural or economic benefits to Canada, and/or relates to an international agreement between Canada and one or more countries (including seasonal agricultural workers); you are authorized to study after completion of work; and 4 years have passed since you accumulated 4 years of work in Canada or since you last worked in Canada.
TFW WITH NO WORK PERMIT (WP) REQUIRED
Athletes and coaches competing in Canada; aviation accident or incident investigators under the Canadian Transportation Accident Investigation and Safety Board Act; business visitors not part of the Canadian labour market; civil aviation inspectors during international flights; clergy; international convention organizers; crew members, such as truck drivers, bus drivers, and shipping and airline workers; emergency service providers; examiners and evaluators; professors and academic experts; expert witnesses or investigators; family members of foreign representatives; spouses and children of foreign representatives; foreign government officers; health care students; judges, referees and similar officials; military personnel; news reporters, film and media crews; performing artists; public speakers; and full-time students. (DETAILS OF THESE TFW APPLICANTS WILL BE PROVIDED TO YOU)
TFW WITH WORK PERMIT (WP) REQUIRED C/W JOB OFFER (WITH OR W/O LMIA APPROVAL)
REQUIREMENTS OF A WORK PERMIT (WP):
FAMILY OF TFW
Your family members who also wish to visit Canada must apply their own Temporary Residence Visa (TRV). However, you may send all family member application forms in the same envelope with only one payment receipt for the total amount. Your spouse or common-law partner and children must meet all the requirements for temporary residents to Canada.
Your spouse or partner and dependent children, in order to work in Canada, they must apply for their own Work Permit (WP) and must meet the same standards, including the LMIA requirement, if applicable that regularly applies to the issuance of Work Permits. They may, however apply for their Work Permit (WP) from within Canada.
Your accompanying children may attend school in Canada. You must apply for their Study Permit (SP) at the same time as your application. If they intend to join you later, they must obtain a Study Permit (SP) before coming to Canada.
LABOUR MARKET IMPACT ASSESSMENT (LMIA)
In a Work Permit (PW) application, the employers will be evaluated on whether the Job Offer is genuine, past history of employers compliance to the commitments outlined in job offers to foreign workers hired in the past 2 years in respect to wages, working conditions & occupation, and advertisement; and in compliance with Federal-Provincial/Territorial laws. Labour Market Impact Assessment (LMIA) is the opinion provided by Employment and Social Development Canada (ESDC) to the immigration officer which enables the immigration officer to determine whether the employment of the foreign worker is likely to have a positive or negative impact on the labour market in Canada.
FOR LIVE-IN CAREGIVERS ALREADY IN CANADA, go to SERVICES/Change of Status.
Under the Live‑in Caregiver Program (LICGP), foreign live-in caregivers must provide care on a full-time basis (minimum 30 hours per week) to children under 18 years of age, elderly persons, 65 years of age or over, or persons with disabilities; to live and work without supervision in the private household where the care is being provided; and to meet the requirements set by Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC)/Service Canada for the LICGP. he LICG Work Permit (WP) may be valid for up to 4 years and 3 months.
LICG APPLICANT ELIGIBILITY REQUIREMENT
1) EDUCATION: must have successfully completed the equivalent of Canadian high school education (secondary school). Because of the differences in school systems across Canada, it is not possible to give a precise number of years. In most provinces, it takes 12 years of schooling to obtain a Canadian high school diploma.
2) WORK EXPERIENCE: at least 6 months’ training or at least 1 year of full-time paid work experience as a caregiver or in a related field or occupation (including 6 months with one employer) in the past 3 years - To claim work experience, you need to have worked for one year, including at least 6x months of continuous employment for the same employer. This work experience must be in a field or occupation specific to what you will do as a LICG. This experience must have been acquired within the 3 years immediately before the day on which you make an application for a Work Permit (WP) as a caregiver. To claim training, it must have been full-time training in a classroom setting. Areas of study could be early childhood education, geriatric care, pediatric nursing or first aid.
3) LANGUAGE: must be able to speak, read and understand either English or French so that you can function on your own in your employer’s home. For example, you must be able to call emergency services if they are needed, and to understand labels on medication. You will be unsupervised for most of the day and may have to communicate with someone outside the home. You can also read and understand your rights and obligations if you can function in English or French.
LICG EMPLOYER REQUIREMENTS
1) JOB OFFER: ESDC/SC will assess the prospective employer’s Job Offer and the employment contract to be sure that it meets the requirements for wages and working conditions and the provincial labour and employment standards, and that there are not enough Canadians or permanent residents available to work as live-in caregivers in Canada. If ESDC/SC finds the job offer acceptable, they will issue a positive LMIA to the prospective employer.
2) WRITTEN CONTRACT: signed by employer and the applicant with a positive LMIA and the Work Permit (WP) application. The written employment contract will ensure there is a fair working arrangement which includes job duties, hours of work, wages, accommodation arrangements (including room and board), holiday and sick leave entitlements, and termination and resignation terms; mandatory employer-paid benefits, including transportation to Canada from your country of Permanent Residence (PR) or the country of habitual residence to the location of work in Canada; medical insurance coverage provided from the date of your arrival until you are eligible for provincial health insurance; workplace safety insurance coverage for the duration of the employment; and all recruitment fees, including any amount payable to a third-party recruiter or agents hired by the employer that would otherwise have been charged to the applicant.
WORK PERMIT (WP) WITH EXCEPTIONS TO LMIA
Workers covered under international agreements; people in exchange programs; certain full-time foreign students and other temporary workers and their spouses/partners and dependents; academics and researchers; charitable and religious workers; and refugee claimants. (READ FURTHER BELOW AND DETAILS OF THESE TEMPORARY WORK PERMIT APPLICANTS WILL BE PROVIDED TO YOU)
Business people and business visitors are not the same. Qualified business people can enter Canada more easily because they do not need an LMIA from the Government of Canada or, in the case of business visitors, they do not need a Work Permit. Business people come to do business under a free trade agreement, such as:
North American Free Trade Agreement (NAFTA) - lets citizens of Canada, the United States and Mexico gain quick entry into each other's countries for temporary business or investment reasons. These people do not need a labour market opinion (LMIA). Under NAFTA, business people must meet the general rules for temporary entry to Canada. There are four groups of business people under NAFTA: (YOU WILL BE PROVIDED A CURRENT LIST OF NAFTA OCCUPATIONS)
Business visitor - is someone who comes to Canada to take part in international business activities without being part of the Canadian labour market. Business visitors usually stay in Canada for a few days or a few weeks but are able to stay for up to 6 months. Business visitors do not need a WP.
Professionals - as a professional, you must be qualified to work in one of the jobs set out in NAFTA (for example, accountant, computer systems analyst or engineer), have a job offer from a Canadian business in that field, and have a Work Permit (except USA).
Intra-company transferee - a person who is sent to work for the same company in a different country. You must have worked on an ongoing basis, for at least 1 year in the last 3 years, for the same or a related employer in the United States or Mexico, be transferred to Canada to work short term for the same or a related employer, work as a manager, as an executive or in a job that uses specialized knowledge, and have a Work Permit (except USA).
Traders and investors - as a trader or investor, you must be involved in planning, as a supervisor or executive, or in a role that involves essential skills, a large amount of trade in goods or services, mainly between Canada and your home country, or a large investment in Canada by you or your company, meet any other rules of NAFTA, and have a WP (except USA).
Other Free Trade Agreements (FTAs) such as the Canada-Chile FTA, and the Canada-Peru FTA are modelled on NAFTA to make it easier for business people from one country to enter another country for a short time. The rules are similar to those under NAFTA and cover business people such as: business visitors, professionals, intra-company transferees, and traders and investors.
General Agreement on Trade in Services (GATS) - under GATS, Canada agreed to make it easier for foreign business people to access the Canadian services market. This applies to service providers from more than 140 World Trade Organization member countries. Three groups of business people are covered business visitors, professionals, and intra-company transferees.
INTERNATIONAL EXPERIENCE CANADA (IEC) - LMIA NOT REQUIRED
IEC has 3 categories: Working Holiday, Young Professionals, International Co-op feature travel and work program for for foreign nationals 18 to 35 years old allowing up to 1 year Work Permit with no LMIA - for Australia, Austria, Belgium, Chile, Costa Rica, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, Latvia, Lithuania, Mexico, Netherlands, New Zealand, Norway, Poland, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, Ukraine, United Kingdom.
Working Holiday has Open WP, more than one employer anywhere in Canada. Young Professional has employer-specific WP for professional development, same employer and location. International Co-op has employer-specific WP, requires post-sencodary to complete studies, same employer and location
If not from the countries above, many youths choose to contact a Recognized Organization (RO) for support and advice. ROs can help you plan your trip and may be able to help you find work in Canada. ROs offer their services for a fee. (YOU WILL BE PROVIDED TO SOME LINKS OF ROs)
A lot of planning goes into spending a travel and work year in Canada. The program has moved from a first-come, first-served model to an Expression of Interest/Invitation to Apply model. Eligible candidates can create an IEC profile (that expires at the end of each season), but must receive an Invitation to Apply (ITA) before they may submit an application, chosen the IEC pools you want to be in. If you receive an Invitation to Apply via MyCIC, you will 10 days start your application or to decline the invitation. Young Professional and International Coop categories: before your 20 days expire, your employer needs to pay the $230 Employer Compliance Fee. (You will be assisted on IEC profile for $50 service fee, creditable on application submission),
IRCC will regularly invite eligible candidates from the IEC pools to apply for a work permit. These are called rounds of invitations. The number of candidates invited to apply during each round varies. Rounds will take place until there are no more spots available or the IEC season closes.
Supporting documents are required about education, work history and personal background. Health insurance during stay is required.
Although no work permit extensions are authorized under the IEC program, there are certain scenarios that allow participants to increase the validity of an IEC work permit.
OTHER MAIN REQUIREMENTS:
(Figures are subject to change...)
TO EXTEND STUDY PERMIT (SP), OR TO APPLY FOR CANADIAN EXPERIENCE CLASS (CEC) OR PROVINCIAL NOMINEE PROGRAMS (PNPs),
Go to SERVICES/Change of Status
For free and non-binding Preliminary Assessment, go to CONTACT US
A foreign national can only apply for a Work Permit (WP) from inside Canada if:
1) Currently have a valid Study or Work Permit, or the spouse or parents have a Study or Work Permit,
2) Graduated from a program at a Canadian university, community college, publicly funded trade/technical school, or other eligible school.
3) Temporary Resident Permit holder that is valid for 6 months or more,
4) Permanent Residence (PR) applicant and family from inside Canada
5) Refugee claimant waiting for a decision from the Refugee Protection Division (RPD) have been recognized by the RPD
6) Persons allowed to work without a Work Permit (WP) but you need a WP to work in a different job.