Work in Canada

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker.

A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker is available to do the job. A positive LMIA is sometimes called a confirmation letter.

If the employer needs an LMIA, they must apply for one.

Once an employer gets the LMIA, the worker can apply for a work permit.

To apply for a work permit, a worker needs:

• a job letter,
• a contract,
• a copy of the LMIA, and
• the LMIA number.

In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer. Some jobs are exempt from needing an LMIA.

For Express Entry, your employer doesn’t need an LMIA if you:

1. have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work)
2. have a valid job offer, and
3. have a valid work permit that is exempt from an LMIA under
   • an international agreement
   • a federal-provincial agreement or
   • the “Canadian interests” category

What NAFTA does

• NAFTA facilitates temporary entry for business persons who are citizens of the U.S., Mexico and Canada and who are involved in the trade of goods or services, or in investment activities.
• NAFTA removes the need for a Labour Market Impact Assessment (LMIA) for all business persons covered by the Agreement.
• In the case of a business visitor, it removes the need for a work permit.
• For professionals and intra-company transferees, it expedites the application process because one can apply at the port of entry (POE), (note that nationals who require a temporary resident visa to enter Canada, however, should apply at a visa office prior to coming to Canada).

Running a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal If you graduated from a designated learning institution , and want to stay in Canada temporarily while working, you may be eligible to apply for a post-graduation work permit (PGWP). 

Eligibility Criteria 

 To be eligible for a Post-Graduation Work Permit, international students must:

• have continuously studied full-time in Canada in a study program at least eight months long;
  • a private post-secondary institution that operates under the same rules and regulations as public institutions;
  • a private secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies (DVS) or an attestation of vocational specialization (AVS); or
  • a Canadian private institution authorized by provincial statute to confer degrees (i.e., bachelor’s degree, master’s degree, doctorate), but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province, and not in just any program of study offered by the private institution;
• apply for a work permit within 90 days of receiving written confirmation from their academic institution that they have met the requirements of their program;
• have completed and passed the program of study and received written notification that they are eligible to obtain their degree, diploma, or certificate; and
• have a valid study permit when applying for the work permit.

 A business visitor is someone who comes to Canada:

• for international business activities
• without directly entering the Canadian labour market

Examples of this include someone who comes to Canada:

• to meet people from companies doing business with their country
• to observe site visits
• because a Canadian company invited them for training in:
  • product use
  • sales
  • other business transaction functions

They don’t need a work permit to come to Canada.

Business visitors must prove that their main source of income and their main place of business are outside Canada.

You aren’t considered a business visitor, and may need to get a work permit, if you’re doing work for a Canadian company. For example, you’re an employee sent by a foreign company to fulfill a contract with a Canadian company.

There are a number of reasons why an individual may come to Canada as a business visitor, including:

• Attending business meetings, conferences, conventions, fairs, etc;
• Buying Canadian goods or services on behalf of a foreign entity;
• Taking orders for goods or services;
• Providing after-sales service, excluding hands-on work in the construction trades;
• Being trained by a Canadian parent company for work outside of Canada; and
• Training employees of a Canadian subsidiary of a foreign company.

The intra-company category permits international companies to temporarily transfer qualified employees to Canada for the purpose of improving management effectiveness, expanding Canadian exports, and enhancing competitiveness in overseas markets. 

Applicants must meet the following requirements to be eligible for an Intra-Company Transfer Canada Work Permit:

• Have worked for a foreign company for at least one year on a full-time basis
• Held a specialized knowledge position or a senior or managerial position
• Have been offered a position with a Canadian branch, affiliate or subsidiary/parent of the foreign company

Also, In order to be eligible to work in Canada under the Intra-Company Transfer program, foreign workers must fall into one of three defined categories:

• Executives primarily direct the management of the enterprise, or a major component thereof, and receive only general (if any) supervision from higher level executives.
• Senior managers manage all or part of the enterprise and supervise or control the work of other managers or professional employees.
• Workers with ‘specialized knowledge’ can demonstrate specialized knowledge of the enterprise’s product or service, or an advanced level of expertise in the enterprise’s processes and procedures.