Work permit in Canada - Toronto lawyer Matthew Jeffery can assist you in the application process for a temporary Canadian work visa permit.

Work Permit Canada

Work permits are typically applied for from outside of Canada. In most cases, it is a prerequisite to obtain a job offer from a Canadian company and to have that job offer approved by the Canadian human resources department, Service Canada, before a visa will be issued by Citizenship and Immigration Canada.

The process of obtaining a work permit usually begins with obtaining employment in Canada. Once an applicant has found employment, the law office of Matthew Jeffery can assist in the application process for a temporary Canadian work permit visa. Note that our law firm does not assist in finding job offers for people, we assist with the process of obtaining a work permit for those who already have an existing job offer.

A job offer must in most cases be approved by Service Canada before the work permit application can be made. The process of having the job offer approved requires that the employer demonstrate to Service Canada why they could not find a Canadian to fill the job position. For example, the employer could show that they advertised in the newspaper to try to fill the position but were unable to find any Canadian who was qualified for the position. These requirements may be relaxed where the occupation is listed as being an "Occupation Under Pressure" recognizing there is a skill shortage in that occupation. In this regard, it should be noted that the foreign worker program is geared toward high skilled occupations where there is a shortage of Canadians to fill the needs of the labour market. While it is possible to obtain Service Canada approval for low-skilled job offers, the requirements placed on the employer to justify hiring a foreign worker are more onerous.

Once a job offer is approved by Service Canada an application for the actual Work Permit visa can be made to Citizenship and Immigration Canada. As with other temporary residence applications the immigration authorities will assess the applicant to determine if they are qualified and whether they are likely to return to their home country on expiry of their visa. If they are satisfied of both they will issue the work permit.

Some types of work in Canada do not require that a person obtain a work permit. An example of this type of exemption is foreign students. A foreign national in Canada with a study permit may work on their school's campus, and may also work as a teaching assistant or a research assistant without the necessity of obtaining a work permit.

Where a work permit is required, it is sometimes possible to obtain the work permit without first having to obtain approval by the human resources department. Types of work permits which are exempt from prior validation include work permits for spouses of foreign students and workers. Entrepreneurs and intra-company transferees, and other persons whose employment will bring a significant benefit to Canada can also obtain a work permit under this category. In addition, there is a special exemption for foreign students who have completed a course of study in Canada. These students can apply for a validation-exempt one-year work permit provided they can obtain a job related to their field of study.

In addition, some categories of workers from certain countries do not require prior human resources department approval. Citizens of the United States and Mexico may apply for work permits under the North American Free Trade Agreement (NAFTA) if they are professionals, business visitors, intra-company transferees, or traders or investors. Citizens of countries that are signatories to other treaties such as the General Agreement on Trade in Services (GATS) and the Canada-Chile Free Trade Agreement (CCFTA) may also be able to benefit from this type of HRSDC approval-exempt work permit.

Toronto lawyer Matthew Jeffery can assist you in the application process for a temporary Canadian work permit visa. If you are interested in applying for a work permit, please contact us for further information.

Disclaimer: the information included on this website is intended to be of a general nature and does not constitute legal advice.