STEP 1: Employer applies for Labour Market Impact Assessment, if necessary
Before a Temporary Work Permit can be issued, the Canadian employer who wishes to hire a temporary foreign worker may need to apply for and be granted a positive Labour Market Impact Assessment (LMIA) by ESDC, which will grant a positive LMIA if it is satisfied that there is no Canadian citizen or permanent resident is available to do the job.
Work Permits may be issued by Canadian immigration officials without the LMIA requirement in a limited number of situations, as follows:
- Under international agreements, such as the North American Free Trade Agreement (NAFTA);
- Due to the significant economic, social or cultural benefits the work activity will bring to Canadians;
- As part of reciprocal agreements Canada and its provinces/territories have entered into with other countries, such as youth and teacher exchange programs;
- So that international students studying in Canada can fulfill academic requirements, known as co-op placements;
- To allow the spouses/common-law partners of Work Permit and certain Study Permitholders in Canada to work in Canada;
- Because the nature of the work is charitable or religious;
- In recognition that certain persons in Canada for reasons other than the above-mentioned, such as the making of a refugee claim, need to support themselves.
Once the LMIA is granted, the Canadian employer can provide a temporary job offer to the foreign worker. The employer must send a copy of the positive LMIA along with a detailed job offer letter to the foreign worker.
STEP 3: Foreign Worker applies for Work Permit.
With these documents, the foreign worker can apply to ESDC for a Canada Temporary Work Permit.
If the Canadian employer that is hiring is in the province of Quebec, the foreign worker may also need to obtain a Certificat d’acceptation du Québec (CAQ) in order to work temporarily in Quebec. There are a number of professions in Quebec that are ‘facilitated’ and eligible for streamlined processing. Local recruitment efforts do not need to be performed by employers as part of their applications to hire temporary foreign workers for these positions in Quebec.
STEP 4: Work Permit is issued
A Canada Border Services Agency (CBSA) officer will issue the Canadian Temporary Work Permit Visa at the point of entry when the foreign worker arrives in Canada.
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