WORK PERMITS
In almost all cases, you must have a temporary work permit to work in Canada. Before you apply for a work permit an employer must first offer you a job and Human Resources and Skills Development Canada (HRSDC) must normally provide a labour market opinion of your job offer.
You cannot immigrate to Canada with a work permit. If you want to live in Canada as a permanent resident based on your work skills and experience, you may qualify under the Skilled Worker Program.
As a temporary worker, you must also meet requirements that apply to all temporary residents.
HRSDC Confirmation
Before proving a labour market opinion, HRSDC will examine several factors including whether a Canadian or permanent resident could fill the job; whether the hiring of a foreign national will help create opportunities or benefits for Canadian job seekers; and whether the working conditions and wages offered are in line with what a Canadian would expect.
Certain types of work are exempt from the HRSDC confirmation process:
1. North American Free Trade Agreement professionals, traders and investors;
2. Some types of entrepreneurs, inter-company transferees and other types of workers who will provide a significant benefit to Canadians or permanent residents by working in Canada;
3. Persons whose employment in Canada provides similar employment to Canadian abroad, such as participants in youth exchange programs, exchange teachers and other reciprocal programs;
4. Foreign students studying in Canada who need to work in order to fulfill co-op placements;
5. Spouses and common-law partners of skilled foreign workers, certain foreign students and persons doing post-graduation employment;
6. Persons undertaking charitable ore religious work; and
7. Certain persons who need to support themselves while they are in Canada for other reasons such as the refugee determination process or certain persons that have been accepted for permanent residence in Canada.
Applying For a Work Permit
When HRSDC grants a confirmation of the job that you have been offered, you may apply for a work permit. In most situations, you must apply for a work permit from outside of Canada at a visa office.
Jobs Not Requiring a Work Permit
Foreign workers may do some jobs in Canada without a permit.
The list of foreign workers not requiring a work permit includes the following: Business visitors, foreign representatives, family members of foreign representatives, military personnel, foreign government officers, certain foreign students studying in Canada working on-campus, certain performing artists performing in Canada for a limited period of time, athletes and coaches competing in Canada, news reporters working for foreign newspapers, television channels or news agencies and reporting events in Canada, public speakers speaking or delivering training in Canada at events not longer then five days, convention organizers organizing meeting or conventions in Canada, clergy, officials at international amateur competitions, professors and academic experts evaluating or supervising academic projects, research proposals or university theses, expert witnesses or investigators giving evidence, health care students doing clinical clerkships or short-term work for the purpose of acquiring training, civil aviation inspectors doing safety inspections commercial airlines doing international flights, accredited representatives or advisors working as part of an aviation accident or incident investigation under the authority of the Transportation Accident Investigation and Safety Board Act, foreign members of a crew working on foreign vehicles and emergency service providers helping preserve life or property in emergencies.
Be aware that specific information proving that you fit into one of the categories of foreign worker not requiring a work permit is always necessary.
Business Visitors and Business Persons
Business visitors may work in Canada without a permit. You are a business visitor if you enter Canada for international business activities, without entering the Canadian labour market. Business visitors may represent a foreign business or government and are remunerated outside Canada. The business visitor category includes certain persons entering under the provisions of certain free trade agreements including the North American Free Trade Agreement (NAFTA), the Canada-Chile Free Trade Agreement (CCFTA) and the General Agreement on Trade in Services (GATS).
The NAFTA applies to four categories of business persons: business visitors, professionals, intra-company transferees, and traders and investors. All business persons covered by the NAFTA are exempt from the need to obtain approval from HRDC. The CCFTA is similar to the NAFTA. The GATS covers three categories of business persons: business visitors, professionals and intra-company transferees. Business persons covered by GATS do not need to obtain approval form HRDC.
Employers
As an employer, you are responsible to make sure that workers have the necessary permits. It is illegal to employ a foreign national who does not have a valid work permit. Foreign workers are given social insurance numbers that begin with a nine. You must also make sure those foreign workers working for you follow the conditions and time limits describes on their work permits. Employers seeking to hire a foreign national must first make a formal job offer and in most cases the job offer will need to be confirmed by the HRDC.
Live-in Caregiver Program
A live-in caregiver who provides care to children, the elderly or the disabled in a private household, may after working two years apply to be a permanent resident of Canada. In order to participate in the Live-in Caregiver Program, you must be qualified to work without supervision in a private household providing care for children, elderly persons or disabled persons. The live-in caregiver must live in the employer’s home. Live-in caregivers require a work permit in order to come and work in Canada.
توجه: ( Warning) مطالب مندرج در این سایت حاوی اطلاعات عمومی می باشند و از آنجائیکه شرایط بعضی از متقاضیان خصوصیات ویژه خود را دارند، موارد مذکور لزوما درکلیه موارد صدق نمی کنند. قوانین مهاجرت کانادا میتوانند پیچیده و مبهم باشند. نویسنده مطالب این سایت به تمامی افرادی که توضیحات فوق را مطالعه کرده و مایل به تقاضای مهاجرت در هرکدام از موارد مشروحه میباشند، توصیه می کند که از خدمات یک وکیل مجرب مهاجرت استف