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How To Apply for a Work Permit in Canada

23rd November 2010
By Canada Immigration Lawyer in Immigration Law
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A work permit is normally applied for at a Canadian visa office abroad, but
it can sometimes be done at a point of entry into the country (i.e. airports). A
Canada Immigration Lawyer will advise its clients to have employment in Canada
that is approved by the government’s Human Resources Department prior to seeking
work permits. Without this it is unlikely that immigration authorities will
issue a work permit.


The first step in getting a Canada work permit would be to secure employment
in Canada. After this important step has taken place, our firm can provide
assistance with applying for a temporary Canadian work permit visa.


NOTE that Canada Immigration Lawyers
will not be able to assist with locating a job in Canada. They will be able to
offer assistance with the process of getting a work permit once a job has been
secured.


The Work Permit Applications Process (Standard)

As stated earlier, most likely any employment a person secures will need to be
approved by the Canadian Human Resources Department prior to the work receiving


a work permit. The approval process involves an employer showing the Human
Resources Department why the job in question cannot be filled by a Canadian
citizen. They will need to show that all efforts have been exhausted to find a
qualified applicant within the country to fill the position before an immigrant
can fill the position. If, however, an occupation is listed as being an
“Occupation Under Pressure” these stipulations may be set aside. In this case
the government has recognized that there is a skill shortage in this area
already. Your Canada Immigration Lawyer will likely point out that the foreign
worker program in Canada is actually only designed to fill these types of
positions where there are gaps in the labor market. It is still possible for a
low-skilled job to get authorization by the Human Resources Department, but
expect that the process will be more challenging.


A Work Permit visa can be issued for Immigration to Canada only after
approval by the Human Resources Department. Like all other temporary residence


applications, assessment of the applicant by immigration authorities will be
made to determine whether or not the applicant is qualified and worthy of
admission into Canada prior to issuing a work permit.


Work Permits that do not require Human Resources approval

There is a way that you can obtain a work permit without having first acquired
approval from the Human Resources Department. A Canada Immigration Lawyer can
help entrepreneurs, employees whose employment will greatly benefit Canada, and
intra-company employees receive work permits that are exempt from validation.


Also, foreign students can receive exemption if they have completed a course of
study in Canada. Applicants in this category can acquire a work-permit which
will allow them to work for an employer who offers them employment no matter who
it is.


Caregivers

A Live-in Caregiver work permit can be applied for by a person who has been
offered employment in this category by a Canadian citizen. If you will be caring
for children, the elderly, or the disabled then you can apply as a Live-in
Caregiver. You will not only be required to live with the employer; you must
also have completed 12 years of education, speak enough English or French to do
so unsupervised, and have finished at a six-month training program related to
the field (a year’s worth of work experience can be substituted for this). Upon
completion of 2 years of working as a caregiver a Canada Immigration Lawyer can
assist you with applying for permanent residency for yourself and family
members.


NAFTA Work Permits

If you are citizen of either the United States or Mexico, you can acquire a work
permit under the North American Free Trade Agreement (NAFTA) as a professional,
intra-company transferee, business visitor, investor or trader. The General
Agreement on Trade in Services (GATS) and the Canada-Chile Free Trade Agreement
(CCFTA) also allows citizens of countries which are signatories of these
treaties to benefit from Human Resources approval exemption on obtaining a work
permit. A Canada Immigration Lawyer can let you know if you are the citizen of a
country which allows you to apply for a work permit under this category if you
are unsure.

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