Canadian Work Permit Lawyer

A work permit authorizes foreign nationals to work in Canada, offering employment opportunities and a pathway to permanent immigration.

Canada Work Visas

A work permit is an official authorization that allows a foreign national to work within Canada. Working in Canada can serve as a valuable initial step for individuals aiming to immigrate to the country on a permanent basis.

Canada's Work Permits Services

Temporary-Foreign-Workers-graphic

Temporary Foreign Workers

The Temporary Foreign Worker Program allows employers to hire foreign nationals to address labor shortages in Canada.
LMIA-graphic

LMIA

A Labour Market Impact Assessment (LMIA) evaluates the impact of hiring a foreign national in Canada.
international-mobility-program-graphic

International Mobility Program

The International Mobility Program allows employers to hire foreign workers without requiring an LMIA.
open-work-permits-graphic

Open Work Permit

A foreign national with a valid open work permit can work for multiple employers without an LMIA.

1. Types and Eligibility

What are the different types of Canadian work permits?

1. Work Permits Requiring a Labour Market Impact Assessment (LMIA):

2. Work Permits Exempt from LMIA but Requiring a Job Offer or Employment Contract:

3. Open Work Permits (No Job Offer or LMIA Required):

If I receive a job offer from a Canadian employer, does that make me eligible to apply for a work permit?

Receiving a job offer from a Canadian employer alone does not guarantee eligibility for a work permit. The job offer must meet specific criteria to be valid for certain work permit applications. Typically, for a work permit application to be eligible, the job offer must either:

Additionally, it is important to note that the province of Quebec has its own distinct process for assessing the validity of employment offers.

2. Application Process

What is the expected processing time for a work permit application?

The duration for processing a work permit application varies based on the type of permit and the applicant’s country of residence. Generally, processing times can range from a few weeks to several months.

What is the processing time for an LMIA application?

Processing times for Labour Market Impact Assessment (LMIA) applications vary based on the type of LMIA. A regular LMIA typically takes at least five months to process, with times varying by case. The simplified LMIA, available only in Quebec, usually takes about two to three months. Employers eligible for Canada’s Global Talent Stream may benefit from expedited processing.

Is IELTS required to work in Canada?

Canada does not mandate IELTS or other language tests for work permit applicants. However, if the job requires specific language skills and the applicant is from a non-English or non-French-speaking country, proof of language proficiency may be needed.

How can our lawyers assist with my work visa application?

The application process varies depending on the type of work permit you require. The initial step is to identify the most suitable work permit for your situation. Our lawyers can help you determine the appropriate permit and guide you through the application process. Please contact us to schedule a consultation with a member of our team.

3. Conditions and Extensions

What are the conditions of a Canadian work permit?

Your work permit specifies the restrictions associated with your authorization, which are determined by the type of permit you hold. These conditions may include limitations on the type of work, the employer, the location, and the duration of your stay in Canada.

Work permit holders are not permanent residents and must leave Canada when their permit expires. If you wish to explore options for permanent residency while working in Canada, please contact us for a comprehensive evaluation of your immigration possibilities.

How can I extend my work permit?

To extend your work permit, you typically need to apply online. It is advisable to submit your application at least 30 days before your current permit expires, though you have until the permit’s expiry date to apply. Contact us to find out if you qualify for an extension.

4. Family and Dependents

Can my family be included in my work permit application?

If you are applying for an employer-supported work permit, your spouse and dependent children may be eligible to accompany you to Canada. School-aged children can attend Canadian schools without needing a separate study permit. Additionally, your spouse or partner may qualify for an open work permit, allowing them to work for any employer in Canada.

How can I include my spouse and dependents in my application?

For a closed Canadian work permit, your spouse may qualify for an open work permit. If eligible, your spouse must apply for their own work permit, usually online.

5. Activation and Benefits

How do I activate my work permit?

The activation process depends on where and how you applied:

  • Applying from Within Canada: Upon approval, you’ll receive an approval letter from IRCC.  Your physical work permit, which arrives activated, will follow by mail.

  • Applying from Outside Canada: If approved, you will get a letter with instructions on how to collect your work permit at a Canadian port of entry (POE).

  • Applying at the Port of Entry: If you apply at the border, bring supporting documents. If approved, the officer can issue and activate your work permit immediately.

What are the benefits of working in Canada?

Working in Canada offers several advantages:

  • Safety and Regulation: Canadian labor laws ensure high workplace safety standards and require employers to adhere to regulations that protect employees’ well-being.
  • Competitive Wages: Foreign nationals must be offered wages equivalent to Canadian workers.
  • Family Accompaniment: Some work permits allow spouses and children to join workers in Canada.
  • Pathway to Permanent Residency: Canadian work experience can enhance eligibility for various permanent residency programs, including:

6. Success Rates and Refusals

What is the success rate for work permit/LMIA applications?

Success rates for work permit and LMIA applications cannot be specified, as each application is evaluated individually. Meeting the requirements generally supports approval, but decisions are at the discretion of individual officers.

What are the common reasons for work permit refusals?

A work permit application may be refused for several reasons. Common factors include:

  • Insufficient evidence that you can perform the intended work.
  • Doubts about your intention to return to your home country after your stay.
  • Failure to meet the specific criteria for the work permit.

Why Choose HMD Avocats?

We offer high-quality Canadian immigration services, provided by top immigration lawyers specializing in work permits and Labour Market Impact Assessments (LMIAs) in Canada. With a meticulous, detail-driven approach, we ensure that every case is handled with precision, leaving nothing to chance. This commitment to excellence is the key to our success and our proven track record of successful outcomes for clients. Our services are accessible online from anywhere, at competitive rates, with no hidden fees. We proudly serve clients across Canada and around the world, including in:

  • Montreal
  • Quebec City
  • Sherbrooke
  • Gatineau
  • Laval
  • Longueuil
  • Salaberry-de-Valleyfield
  • Brossard
  • Terrebone
  • Pointe-Claire
  • Boucherville
  • Vaudreuil-Dorion
  • Dollard-des-Ormeaux
  • Trois-Rivières
  • Granby
  • Saguenay
  • Drummondville
  • Saint-Jean-sur-Richelieu
  • Saint-Jérôme
  • Sorel-Tracy
  • Saint-Eustache
  • Centretown
  • Rideau
  • Orleans
  • West Carleton
  • Brampton
  • Mississauga
  • Ajax
  • Toronto
  • Ottawa

FAQ

Can a employer charge a foreign worker for the LMIA fee in Canada?

No, it is illegal for employers to charge foreign workers for the LMIA fee or any recruitment costs. Employers may face penalties such as fines, a hiring ban, or imprisonment. Workers may have their work permit application denied or be deemed inadmissible to Canada for criminal activity.

Can I apply for a Canadian work permit without a job offer?

Yes, in certain cases, such as for recent graduates from a Canadian DLI or the spouse of a work or study permit holder, you may apply without a job offer or LMIA.

Are Canadian work permits difficult to obtain?

Yes, Canadian work permits can be challenging to get, as they require precise planning, accurate documentation, and adherence to strict procedures for approval.

Can a Canadian work permit be denied?

Yes, work permits can be refused if officials believe the applicant isn’t genuinely intending to work or plans to stay in Canada permanently.

What if I lose my job while on a Canadian work permit?

You can remain in Canada for the duration of your work permit.

Team at HMD Avocats

Are you looking for someone to help?

·  Mon – Fri 09:00-17:00