Work Permit in Canada
Individuals who will travel to Canada, other than on a Tourist or Business Visa, must obtain a Work Permit before entering Canada. Eligibility varies according to the citizenship of the applicant.
A foreign national employee may NOT convert his or her immigration status from a Visitor status to Work status while remaining in Canada. The employee can be present in Canada while the work permit application is being processed; however, the employee will not have authorization to work. Once the work permit application is approved, the employee MUST depart and re-enter Canada to activate the work permit.
TYPES OF WORK VISAS
The major types of Canadian work permit categories are as follows:
(NAFTA) North American Free Trade Agreement - (U.S. and Mexican citizens only)
Applications under the following categories may be submitted to a Canadian Consulate or at the port of entry upon arrival.
Intra-company Transferees:
1. Must have been employed by a U.S. or Mexican entity for one year in the previous three prior to request for entry in Executive, Managerial, or Specialised Knowledge position.
2. Must be entering Canada to work for an affiliated entity in the same capacity. Initial visa valid for 3 years with an extension granted up to 7 years for Executives/Managers and up to 5 years for Specialized Knowledge.
Professionals:
1. Must be employed in a designated profession: i.e., accountant, computer systems analyst, engineer, etc.
2. Must possess appropriate degree and/or credentials.
Initial visa is valid for 1 year with annual extensions up to 3 years.
General Immigration Provisions - (Applies to all other nationals)
An application in this category should be submitted at a Canadian Consulate. Visa-exempt nationals may also be permitted to present their application at the port of entry upon arrival. Processing time will depend on the Consulate and can range from 5 business days to several months, depending on whether a medical exam is required or if the applicant is inadmissible due to his/her to criminal background.
Intra-company transferees (R205(a) CEC C12):
Applies to Senior Managers/Executives and Specialized Knowledge workers. Employees must have worked for at least one year of the previous three years in a similar position for the company.
Significant Benefit to Canada (R205(a) CEC C10):
Applicants in this category will most likely require HRDC (Human Resources Development Canada) Confirmation. To use this exemption, the benefits to Canada must be obvious. The exemption is intended to address those situations where the social, cultural or economic benefits to Canada of issuing a work permit are so clear and compelling that the importance of HRSDC Confirmation can be overcome.
Reciprocal employment (R205(b) CEC C20):
Reciprocal agreements between or within multinational companies allow workers to be employed in Canada. The onus is on the institutions and/or applicants to demonstrate that reciprocity exists. The central proviso is that similar access to positions must be available to Canadians as well.
Facilitated Entry for I.T. Workers:
This program applies to any national who falls into one of the seven IT job descriptions that have been identified as being in short supply in Canada. An applicant must be in possession of a degree, have 2-3 years related experience, and have experience or training in a designated list of IT technologies.
Foreign nationals not fitting the above criteria must obtain an HRSDC Confirmation from a Canadian Employment Center which require the Canadian employer to evidence that there are no Canadian citizens or permanent residents who can do the job. Following Confirmation approval, an application for a work permit is filed with a Canadian Consulate with jurisdiction over the applicant’s place of residence, or at the port of entry in the case of visa-exempt nationals.
Validity of the Work Visa
Work permit applications are generally valid for 12 months can be extended in 12 month increments up to a maximum of three years.
NAFTA intra-company transferee work permits are generally valid for three years and can be extended in 12-24 month increments up to a maximum of five years (for specialized knowledge workers) or seven years (for Senior Managers ad Executives).
Registration Upon Arrival
Canada does not have a residence permit requirement. Permission to remain in Canada is governed by valid visa/employment authorization status.
FAMILY AND DEPENDENTS
No separate application is required for accompanying family members. Spouses and children are included in principal applicant’s work permit application.
Work Authorization For Spouse
Since December of 2001, spouses of work permit holders are permitted to apply for “open” work permits without the need for pre-arranged employment in Canada. These provisions apply to both married spouses and common-law partners, including same-sex partners.
Student Authorization
For school-age children (first grade and up), a study permit application form should be submitted for each child, together with principal applicant’s work permit application. No prior acceptance from a school in Canada is required.
Unmarried/Same Sex Partners
The definition of spouse has been expanded to include common-law partners of the opposite and same sex. Common-law partners can be included as spouses for all immigration categories. Any application that includes a common-law partner must include an additional application form (statutory declaration of Common-Law Union), documentation showing co-habitation of at least 12 months and other evidence of the relationship (joint assets/liabilities, wills, insurance policies etc.).
