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=== 3. Workers === | === 3. Workers === | ||
A foreign national who wishes to work in Canada must apply for authorization under the Worker Class, and a work permit | A foreign national who wishes to work in Canada must apply for authorization under the Worker Class, and a work permit from outside Canada at a visa office. There are several exceptions to this general rule: in some circumstances a foreign national can work in Canada without a permit (see IRP Regulations ss. 186 to 187); and in some circumstances a foreign national can apply for a work permit at a Port of Entry (see IRP Regulations s 198), or from within Canada (see s. 199). | ||
The most common variety of work permit is based on an employer in Canada applying to obtain a Labour Market Impact Assessment (LMIA), or “validation,” from Service Canada (Employment and Skills Development Canada). Obtaining an LMIA is often difficult. There are several criteria the employer must meet, including evidence of efforts to hire Canadians or permanent residents; that a government-determined minimum wage (not the same as the provincial minimum wage) will be paid; and that the employer is able to demonstrate it can pay the wages offered. There are additional rules associated with whether the position pays less than or more than the provincial average wage (again, not the same as the provincial minimum wage). | |||
Information on the LMIA process (currently called the “Temporary Foreign Worker Program”) can be found at the | Information on the LMIA process (currently called the “Temporary Foreign Worker Program”) can be found at the Employment and Social Development Canada website (http://www.esdc.gc.ca/eng/jobs/foreign_workers/index.shtml). | ||
There are other, less common kinds of work permit such as a professional pursuant to NAFTA; inter-company transfers; and “significant benefit” | There are other, less common kinds of work permit such as a professional pursuant to NAFTA; inter-company transfers; and “significant benefit” permits where the foreign national can demonstrate that they will contribute significantly to Canadian culture or the economy. Work permits authorizing self-employment are technically possible, but rarely granted. Please see sections 204 and 205 of the IRP Regulations and the Operational Manuals relating to the International Mobility Program. | ||
Workers who have employer-specific work permits may be eligible for an open work permit that is exempt from an LMIA if they are experiencing abuse, or if they are at risk of abuse. The main objective of this program is to provide migrant workers means to leave their employer if they are facing abuse. It helps migrant workers by reducing the risk and fear of work permit revocation and removal from Canada. Consult the relevant Operational Manual for further details: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html | |||
=== 4. Temporary Resident Permit === | === 4. Temporary Resident Permit === |
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