WORK PERMIT LAWYER
WHAT IS A WORK PERMIT
It is imperative to note that a work permit is not a travel document, therefore, it does not authorize you to enter into Canada. For entry into Canada, one must hold a valid Temporary Resident Visa, an Electronic Travel Authorization or a US Green Card.
TYPES OF WORK PERMIT
There are two types of work permit:
- EMPLOYER-SPECIFIC WORK PERMIT
An employer-specific work permit enables you to work in Canada based on the stipulations outlined in your permit. These conditions typically include information such as the identity of the specific employer you are authorized to work for, the duration of your permitted employment, and, if applicable, the designated location where your work is sanctioned.
Prior to initiating an application for this employer-specific work permit, it is imperative that your employer provides you with essential documents. These documents include a copy of your employment contract outlining the terms of your work arrangement. Additionally, your employer must furnish one of the following:
- A copy of a Labour Market Impact Assessment (LMIA):
This document assesses the impact of hiring a foreign worker on the Canadian labor market.
- An Offer of Employment Number:
For workers exempt from the LMIA requirement, your employer must obtain this number through the Employer Portal, a digital platform facilitating the management of employment-related processes. A copy of the employment contract must be given by the employer of they are not required to use the Employer Portal.
- A copy of a Labour Market Impact Assessment (LMIA):
- OPEN WORK PERMIT
An open work permit provides the flexibility to work for any employer throughout Canada, with the exception of those deemed ineligible as per the list of employers who have failed to adhere to stipulated conditions. Additionally, individuals are restricted from working for employers engaged in activities such as striptease, erotic dance, escort services, or erotic massages, as such occupations are considered ineligible for open work permits.
The eligibility for obtaining an open work permit is contingent on specific situations, and not all applicants may qualify. Furthermore, certain job categories necessitate applicants to undergo a medical examination. For individuals desiring to avoid the inclusion of medical conditions on their open work permit, the option to undergo a medical exam administered by a panel physician is available.
Eligibility requirements differ depending upon where the applicant id applying from, whether from within Canada or outside. Anyone can apply for a work permit from outside Canadam, however, only in limited circumstances one can apply from within Canada. These circumstances are as follows:
- VALID STUDY OR WORK PERMIT:
You currently possess a valid study or work permit.
- FAMILY MEMBER’S VALID PERMIT:
Your spouse, common-law partner, or parents hold a valid study or work permit.
- ELIGIBLE FOR POST-GRADUATION WORK PERMIT:
You qualify for a post-graduation work permit, and your study permit remains valid.
- VALID TEMPORARY RESIDENT PERMIT:
You hold a temporary resident permit valid for six months or more.
- AWAITING PERMANENT RESIDENCE DECISION:
You are awaiting a decision on an application for permanent residence from within Canada.
- REFUGEE CLAIMANT:
You have made a claim for refugee protection.
- RECOGNIZED AS REFUGEE OR PROTECTED PERSON:
You have been officially recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada.
- WORK ALLOWED WITHOUT PERMIT, BUT DIFFERENT JOB REQUIRES PERMIT:
You are allowed to work in Canada without a work permit but require a work permit for a different job (excluding business visitors).
- COVERED BY CUSMA:
You qualify as a trader, investor, intra-company transferee, or professional under the Canada – United States – Mexico Agreement (CUSMA).
When applying for a work permit, whether from within or outside Canada, the following requirements must be fulfilled:
- DEMONSTRATE INTENTION TO LEAVE:
Provide evidence to the officer that you will depart from Canada upon the expiration of your work permit.
- FINANCIAL CAPABILITY:
Exhibit the ability to financially support yourself and your family members throughout your stay in Canada and for the return journey home.
- LAWFUL CONDUCT:
Maintain a clean legal record with no history of criminal activity; submission of a police clearance certificate may be required.
- NATIONAL SECURITY COMPLIANCE:
Assure that your presence does not pose a threat to Canada’s security.
- GOOD HEALTH:
Undergo a medical examination if necessary and demonstrate good health.
- AVOIDING INELIGIBLE EMPLOYERS:
Commit not to work for an employer listed as “ineligible” due to non-compliance with conditions.
- AVOIDING SPECIFIC OCCUPATIONS:
Confirm that you do not intend to work for an employer engaged in activities like striptease, erotic dance, escort services, or erotic massages on a regular basis.
- COMPLIANCE WITH DOCUMENT REQUESTS:
Provide any additional documents requested by the officer to substantiate your eligibility for entry into the country. In addition to this, all other forms and documents required under the Document Checklist.
RESTORATION OF STATUS
Restoring your status as a visitor, student, or worker within 90 days of its lapse may be possible under certain circumstances. This includes instances where you exceeded the authorized stay period in Canada by no more than 90 days, changed employers, location of employment, or type of work without securing a new work permit, or altered study-related conditions on your study permit without seeking the necessary changes. Restoration eligibility remains if the initial requirements for your stay are still met, and you have not violated other imposed conditions.
To apply for a new study or work permit and reinstate your temporary resident status, it is essential to submit your application within 90 days of losing your status. Clearly articulate the facts and circumstances that led to non-compliance with your permit conditions, continuously fulfill the requirements for your stay, adhere to the remaining conditions on your permit, and pay the necessary fees. It’s crucial to note that restoration provisions apply to each family member who has lost their status, with the understanding that approval of your application is not guaranteed.
Upon approval of your work permit application, you will receive an official immigration document. Conversely, in the event of a denial, your stay in Canada is limited to the expiry date of your existing temporary resident status. Those seeking restoration of temporary resident status will be informed of the decision through a letter with accompanying instructions.
If your application is rejected as “incomplete,” it is treated as if never submitted, necessitating a re-application. Furthermore, if your application is referred to a local office, you will be duly notified and subsequently contacted by that office. To facilitate a swift application process, it is advisable to ensure the provision of all requested documentation and information and promptly update any changes to your contact information, including mailing address, telephone numbers, fax number, and email address.
Securing a work permit demands meticulous adherence to complex immigration laws, making legal assistance essential. Legal professionals specializing in immigration law offer tailored guidance, addressing unique circumstances and optimizing the application for success. Their expertise prevents errors, ensures eligibility, and provides peace of mind during the intricate process. In the event of complications or refusals, legal experts navigate challenges, offering timely solutions and enhancing the overall efficiency of the application process. Seeking legal help is a strategic investment that minimizes risks, streamlines procedures, and increases the likelihood of a favorable outcome, providing applicants with the confidence to navigate the immigration system successfully.
At Kozyrev Law, our commitment to excellence extends beyond the application process. We pride ourselves on delivering comprehensive post-application support, ensuring clients are informed about every step of their case. Our legal professionals stay abreast of any updates, promptly address inquiries, and navigate any additional requirements that may arise during the processing period. We believe in fostering a holistic and supportive client experience, where individuals are not merely applicants but partners in their immigration journey. Kozyrev Law’s dedication goes beyond obtaining a work permit – we are here to provide ongoing guidance, making the entire process as smooth and stress-free as possible for our clients.
Note: The information presented in this article is not intended to constitute legal advice. It is recommended to refer to official government publications and guidelines for accurate and up-to-date information. For obtaining legal advice tailored to the specific circumstances of your case, it is advised to consult with a qualified professional.