In this section we will explain different types of work and immigration in Canada as some types of work in Canada requires you to have a confirmation or validation by Human Resources and Skills Development Canada (HRSDC) whereas other types of employment will not require a confirmation.
Only Canadian citizens and permanent residents of Canada have the right to work in Canada. However, you can come to Canada to work provided you have a work permit or an employment authorization. There are some exceptions where a work permit is not required for the type of work you will engage in Canada. Work is defined as “an activity for which wages or commission is earned, or that competes directly with activities of Canadian citizens or Permanent residents in the Canadian labour market”.
There are three categories under which you can work in Canada:
1) Works that require a work permit that must be confirmed by HRSDC.
2) Works that require a work permit but does not require a confirmation by HRSDC. For example professionals and intra-company transferees who are citizens of the United States or Mexico can work in Canada under the North American Free Trade Agreement (NAFTA) where a work permit is required but is HRSDC validation exempt. Exemptions are also available to citizens of Chile under the Canada Chile Free Trade Agreement (CCFTA) and to citizens of a member nation of General Agreement in Trade and Services (GATS).
Also, a work permit is confirmation exempt if the work would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents.
3) Works that do not require a work permit. These are usually occupations where the individual’s employer is not a Canadian based company or organization and the individual’s presence in Canada will not be considered to compete with Canadian labour market. These types of works are generally political, religious, or trade oriented.
In order for you to apply for a work permit, you must first have a formal job offer from an employer in Canada. CIC cannot issue a work permit without first seeing this job offer. HRSDC must also see your formal job offer from the Canadian employer before they can confirm or validate the work. We can assist employers to prepare a formal job offer for foreign employees.
Some factors considered by HRSDC to “confirm” a work permit include:
- whether the job offer is genuine;
- whether a Canadian or permanent resident could fill the job;
- whether the hiring of a foreign national will help create opportunities or benefits for Canadian job seekers;
- whether working conditions and wages offered are comparable to those offered to Canadians working in the occupation; and
- the hiring of the foreign worker will not affect a labour dispute or the employment of any Canadian worker involved in such a dispute.
Once HRSDC confirms your work permit, it will send the confirmation of your offer of employment to the relevant Canadian visa post. You must then apply to CIC for a work permit. You might have to attend an interview with CIC and you will have to undergo medical examinations. Once you have completed all the procedures, CIC will issue your employment authorization which will state the specific job and the specific period of time you are allowed to work in Canada.
Insight Immigration can represent you in your application for temporary entry to Canada for business or employment by assisting you to obtain the appropriate visa or authorization. We can assist you with:
- Employment authorization with HRSDC confirmation or validation of employment;
- Employment authorization that is exempt from HRSDC confirmation;
- Employment authorization under NAFTA, CCFTA and GATS for professionals, intra-company transferee and business visitors.