Siskinds Immigration Law - Canadian and American Immigration Lawyers

Persons who seek to enter Canada to work for a temporary period of time normally require a Work Permit. Work Permits are issued by Citizenship and Immigration Canada, the Canadian Government Ministry charged with the responsibility of controlling immigration to Canada.

Certain persons are exempt from the Work Permit requirement under the provisions of the Canadian Immigration and Refugee Protection Act (IRPA). Foreign diplomats, military personnel, clergy and related workers, certain performing artists and athletes, ship or truck crew members and designated foreign buyers and sellers generally do not require a Work Permit.

There are numerous other exempted occupations listed in the Immigration Regulations and these regulations should be consulted to confirm whether an exemption may apply to your occupation.

The provisions of the IRPA provide that a person who wishes to engage in employment in Canada must apply for a Work Permit prior to arriving in Canada. For most applicants, a Work Permit application must be filed with a Canadian Consulate or Embassy overseas and must be approved prior to that individual being permitted to enter Canada to accept an offer of employment. There are certain circumstances, however, which would allow a person to apply for a Work Permit upon arrival at a port of entry immigration office. Generally, U.S. citizens or permanent residents are not required to apply from outside Canada. Such persons may qualify for admission to Canada under the terms of the North American Free Trade Agreement which permits application for a Work Permit by certain designated professionals at a port of Entry. Similarly, most European nationals may apply for a Work Permit at a port of entry in cases where they are being transferred to a Canadian company by a foreign branch office or in cases where they may be purchasing or starting a business in Canada.

As a general rule, Citizenship and Immigration Canada will not issue a Work Permit unless and until a "confirmation" from Human Resources Development Canada (HRDC) has been issued. The confirmation requirement entails an application to HRDC by a prospective Canadian employer requesting approval of a job offer for a foreign worker. The HRDC office must examine the employer's efforts or inability to recruit qualified Canadian applicants prior to issuing the confirmation. HRDC may require the employer to run an advertisement for the position offered in a local newspaper prior to issuing the confirmation or they may impose conditions on the approval including the hiring of additional Canadians following confirmation approval, etc...

Once the confirmation has been approved, notice of the approval will be forwarded to the Port of Entry (in the case of U.S. citizens) Consulate or High Commission office abroad nearest to the foreign worker's residence. The foreign worker will then be invited to apply for a Work Permit and an interview may be arranged with the visa officer. Additionally, workers from certain designated countries may be required to pass a medical examination prior to the issuance of the Work Permit.

The visa officer who examines the Application for Work Permit must be convinced that issuance of the authorization will not adversely affect employment conditions for Canadian citizens or permanent residents in Canada. The officer must also be convinced that the worker has the appropriate credentials to fill the position. Thus, the foreign worker and his prospective Canadian employer must present sufficient documentation in support of the application to assure the visa officer that the applicant is qualified for the position offered. It is advisable to highlight any unique credentials possessed by the foreign worker in this regard. It is also important to establish that the foreign worker will work in the same conditions and will be paid the same wage as a Canadian worker would if one had been available to accept the position.

Not all occupations in Canada require a confirmation of the offer of employment from the local HRDC office. In some circumstances, the national interest of Canada justifies an exemption from the normal requirement of obtaining a confirmation. Examples of such an exemption would be cases of intra-company transfers, self-employed applicants who are purchasing a significant business in Canada or highly skilled managers or technical workers who are coming to Canada to improve an ailing company thereby preserving employment opportunities for Canadians.

Other important examples of exemptions from the confirmation requirement include foreign students who hold a Canadian student visa, international researchers, and citizens of the United States whose occupations fall under then North American Free Trade Agreement.

Recently, the Canadian Government has enacted another confirmation exemption program which permits certain qualified computer professionals to apply for a Work Permit without first obtaining a confirmation from HRDC. The IT Professional Program permits IT professionals to apply for a Work Permit without first obtaining a confirmation from HRDC in Canada. The Applicant must:

Have a job offer from a Canadian Company; The job offer must be in an IT occupation recognized under the program (there are seven (7) IT occupations noted) The salary, job duties and credentials of the applicant must meet the strict parameters of the program.

Work Permits are typically issued in one (1) year increments and can be held normally for a period of approximately five (5) years. Extension applications may be filed with Citizenship and Immigration Canada from within Canada provided the application is filed prior to the expiry of the Work Permit. When considering an application to extend a Work Permit, the immigration officer must be persuaded that the foreign worker's desire to remain in Canada is still temporary in nature. Naturally, as time goes on it will be increasingly difficult to convince an immigration officer that the foreign worker wishes to import for foreign workers to consider applying for permanent residence in Canada shortly after they arrive in this country under their temporary permits.

We offer an on-line consultation service to assess your chances of qualifying for temporary or permanent immigration to Canada. Please complete our Consultation Form and post the information when prompted so that we may assess your case.

Yes. The Immigration Law Group has several affiliations with reputable job search companies which can assist individuals with their Canadian or U.S. employment searches. Please e-mail us directly for information.