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Come as a Temporary Workers and Students

In order to legally work in Canada, foreign nationals will either need a residence permit or a temporary work permit; large quantities of both documents are granted annually but it is important that expats recognise the difference between the two.
Residence permits are for those who wish to permanently, or at least on a long-term basis, live and work in Canada, and entitle their holders to take advantage of many of Canada’s social systems, such as healthcare and education.

On the other hand, temporary work permits are granted to individuals coming to Canada to complete a specific job that can help a Canadian employer satisfy a skills shortage. Temporary work permits do not entitle their holders to certain rights, and they expire after a certain amount of time.
Although in the past Canada advocated for an immigration policy that pushed for foreigners to have the opportunity to settle in the country, more recently, changes have been made so that more temporary work permits are offered.

Work permits should almost always be applied for from outside of Canada, but there are certain exceptions to this general rule.

Do note that nationals that are not from the US, the UK, Australia, New Zealand and most European countries will also need to obtain a temporary residence visa alongside their temporary work permit in order to settle in Canada. The Canadian government lists those nationals who must apply for this second document on their website.

Applying for a temporary work permit for Canada
In order to apply for a temporary work permit foreigners must first solidify a job offer from a Canadian employer. Furthermore, Canadian employers must be able to prove that the job being offered cannot be filled by a local employee because there is no one available in the domestic market that has the skills or the experience to assume the job.
In order to prove the above, employers must obtain written confirmation, which is called a “Positive Labour Market Opinion” from the Human Resources and Social Development Canada (HRSDC) department. This generally means that the employer must show that they have advertised the position throughout Canada for a period of 90 days. However there is a list of 33 occupations that qualify for expedited labour market opinion, which only takes five days. Additionally, there are some situations where no labour market opinion is needed.
If an expat has both of the above, they can submit a temporary work permit application, along with the required supplementary documents, to the relevant Canadian visa office. The list of documents is subject to change so it is always best to check government websites for the latest information. However, expats should have references from previous employers, qualification certificates and degree transcripts available.
After the application has been received by the respective Canadian visa office, it may be necessary for the applicant to meet an official in person for an interview. At this point, it may also be necessary to provide police clearance certificates and proof that the applicant is healthy, as confirmed by an official medical exam.
Application processing times vary immensely and depend largely on where they have been applied for. In general though, plan on the application taking one to three months to be approved.

The Live-in Caregiver Program brings qualified caregivers to Canada in situations where there are no Canadians or permanent residents to fill available positions. Live-in caregivers are individuals who are qualified to work without supervision in a private household providing care for children, the elderly or people with disabilities. The live-in caregiver must live in the employer’s home.

Requirements:
In order to qualify under the Live-in Caregiver Program, candidates must meet four main requirements:

  • They must have successfully completed a course of study that is equivalent to a Canadian secondary school diploma.
  • They must have completed 6 months of full-time training in a classroom setting or 12 months of full-time paid employment (including at least 6 months of continuous employment with one employer) in a field or occupation related to the job they are seeking as a live-in caregiver. This experience must have been obtained within the three years immediately prior to the day on which they submit an application for a work permit.
  • They must have the ability to speak, read and understand either English or French at a level sufficient to communicate independently.
  • They must have a written employment contract with their future employer.

A foreign national who wishes to work in Canada as a live-in caregiver must apply for a work permit before seeking entry to Canada.

Written Employment Contracts
The requirement for a written contract between the employee and employer takes into consideration the unique circumstances of live-in caregivers whose eligibility for permanent residence is tied to their employment. The requirement is a measure to provide a fair working arrangement between the caregiver and the employer, and gives both parties a clear understanding of their responsibilities.

The contract defines the employee’s job duties, hours of work, salary and benefits, and outlines the employer’s legal responsibilities to the caregiver.

Work Permit Renewals
A live-in caregiver is authorized to work only for the employer named in the work permit. A work permit is valid for one year and must be renewed before it expires.

When applying for renewal of a work permit, the caregiver must include a letter from the employer stating that the job as a live-in caregiver is being offered for another year.

Changing Employers
If a live-in caregiver chooses to change employers, the caregiver must obtain a new work permit naming the new employer. A signed contract with the new employer is also required when consideration is being given to the caregiver’s request to work for a different employer. Gaps in periods of employment are permitted as long as the gaps do not interfere with the eligibility rule for applying for permanent residence.

Permanent Residency Eligibility
A live-in caregiver may apply for permanent residence after completing a minimum of two years employment as a live-in caregiver. However, this employment must have occurred within a three-year period immediately following entry to Canada as a live-in caregiver.

The two-year time period may represent work as a live-in caregiver for more than one employer and need not be without interruption, but may not represent work for more than one employer at a time.

The International Experience Canada (IEC) is a program run by Immigration and Citizenship Canada (CIC) aimed at young adults wishing to work while visiting Canada. It is the simplest visa to get for a working holiday and this makes it very popular. IEC is geared towards the 19 to 35 age group coming from certain countries that have an agreement with Canada. Potential candidates must be aware of the major change the CIC recently announced.

The International Experience Canada (IEC) is seeing a major change as of November 21, 2015. No longer will the program process applications chronologically, instead, a candidate will create a profile and enter into a pool with other applicants. There will be one pool of candidates per country with two categories: one for international Co-op and young professionals and one for those desiring to work while on holiday. To give a brief overview of the process for applying:

 

  1. Potential candidates must complete a survey, Come to Canada, to determine eligibility. It is a brief survey and shouldn’t take more than 15 minutes to complete.
  2. If the candidate is found to be eligible, they will then need to create a MyCIC account and create an IEC profile. Information provided in the profile will determine the candidate’s eligibility for the categories. Applicants may submit to one or more of the pools.
  3. A candidate that is selected will receive an Invitation to Applyand will be eligible to apply for a work permit. Note: an invitation does not mean a guaranteed work permit.

 

It is in the candidate’s best interest that while you are waiting for the invitation you prepare yourself by gathering all the supporting documents you may need. Once you accept the invitation you will only have 20 days to submit supporting documents. If, however, an applicant does not receive an Invitation to Apply, they can keep their profile active in the pool for up to 12 months.

Work Permit for Spouses

A spouse or common-law partner of an international student may apply for a work permit if the international student is a registered full-time international student at McMaster University.  The spouse may apply for a work permit and continue to work in Canada for as long as the international student remains registered as a full-time student at McMaster University. The location and employer listed on the spousal work permit will be ‘open’ which means it can be used to work anywhere in Canada and with any employer, subject to the restrictions below.

It is expected that the spouse has already submitted medical exams in the country of origin.  If this is not the case, the spouse must include a note requesting such exams and 2 passport size photos. If a medical is not completed, your spouse/common-law partner will be issued a restricted spousal work permit which outlines restrictions pertaining to working within an educational institution or medical facility.

Note: A work permit for a spouse or common-law partner can only be valid up to the expiry date of the international student’s study permit.  A spouse will need to apply for an extension of the work permit if the international student renews his/her study permit.

How to apply:

Method 1: Online (recommended)

  1. Complete the “Come to Canada Wizard”. This will generate a checklist. In addition to the documents on the checklist, your spouse may be required to provide additional supporting documents.
  2. Complete the “E-App” online through your Immigration, Refugees and Citizenship Canada (IRCC)
  3. Keep all files used in the application for your personal records.

Method 2: by mail (within Canada):

  1. Read the application guidelines and download the application package.
  2. Gather the supporting documents.  In addition to the documents on the document checklist your spouse may be required to provide additional supporting documents.
  3. Pay the application fee and mail the application.
  4. Make photocopies of all the documents you include in your application package for your records.

OPEN WORK PERMIT HOLDER FEE

As of February 21, 2015, an open work permit holder fee of $100 will need to be paid by the applicant for their spouse/common-law partner’s Open Spousal work permit. This fee will be paid at the same time as the work permit processing fee and can be paid online. The fees collected will offset the cost of new initiatives to improve data collection on the role of open work permit holders in the Canadian labour market, as well as increased promotional activities to STUDY PERMIT FOR DEPENDENT CHILDREN. Accompanying dependent children are eligible for Study Permits or can study in Canada with a Visitor Record document as long as they are in pre-school, primary, or secondary school. As of August 1, 2014 the maximum age of dependents was set at under 19 years of age for all immigration programs unless financially dependent on parents due to a mental or physical disability.