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Introduction
Each year, Canada welcomes close to 100,000 foreign nationals who are coming to o work in Canada. A Canadian work permit is a temporary resident visa issued by Citizenship and Immigration Canada. This is nothing but permission to foreign workers seeking to engage in employment in Canada. This is normally valid for a period between one year to three years. As per the Canadian laws work is defined as any activity for which an individual receives payment, or one that competes directly with Canadian citizens or permanent residents in the Canadian labour market.
Most of the individuals require a Canadian Work Permit issued by Canadian Immigration Official before beginning to work in Canada. However the person who is Canadian citizens or Canadian Permanent Residents has the right to work in Canada and they do not require having work permit.
In some instances, Canadian immigration regulations allow for "Open" Work Permits, which are not employer specific. Work Permits are always temporary in nature, but can often be extended from inside Canada.
Normally, Work Permits will only be granted by Canadian immigration authorities and supported "Labour Market Opinion" (LMO). LMO is nothing but approval issued by Human Resources and Social Development Canada (HRSDC), indicating that the proposed employment will not adversely affect Canadian workers. However, foreign workers seeking to be employed in the province of Quebec may be additionally required to obtain a Certificat d'acceptation du Québec (CAQ) to be eligible.
A work permit is not an immigration document. It does not allow you to live in Canada permanently. To live here permanently, you must qualify under an immigration category, such as skilled worker. Live-in caregivers can stay in Canada permanently if they meet certain requirements.
WORK PERMIT - ONSHORE
You can only apply for a work permit from inside Canada if:
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you have a valid study or work permit, or your spouse or parents have a study or work permit
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you are on work permit and you want to change you employer
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you have a temporary resident permit that is valid for six months or more or
WORK PERMIT - OFFSHORE
WHICH JOBS DO NOT REQUIRE HRDC APPROVAL ?
In some cases, you do not need a labour market opinion (HRDC Approval). The Information Technology Work permit does not require LMO. This is fast-track processing of work Visa applications. The Canada Government in response to the cope up the need to fill critical labour shortages for skilled workers in the software industry, has introduced pilot project to simplify and facilitate the processing and entry of information technology workers in high demand occupations in the software industry.
This visa permits applicants with the required education and experience in the specified products or technologies applying for specific jobs to apply under this category. The applicant must be able to communicate in English or French, and meet the requirement specified under this scheme.
If you are a citizen or a permanent resident of the United States, Greenland or Saint-Pierre-et-Miquelon, you do not need a passport or a temporary resident visa to enter Canada. You must, however, provide proof of citizenship or permanent residence, such as a national identity card or an alien registration card.
REQUIREMENT FOR WORK PERMIT
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Completed application in Form Number IMM 1925 and othr specific forms required by the Visa Office where you are applying.
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Ensure that all the documents are clearly legible and if they are in language other than English or French then transalation of the documents in English or Franch should also be attached along with the application.
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Job offer / employment contract you have received from your Canadian Employer.
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Labour Market Opinion (LMO) from Human Resources and Social Development Cnada (HRSDC) - Service Canada (Unless you are under exempted category)
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You must satisfy to the visa officer that you would leave Canada at the end of your work permit.
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You have enough money to yourself and your dependnet family member accompanied to you in Canada while you are Canada.
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You do not have Criminal Record (Police Clearance Certificate is required)
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You should be of good health (medical examination is required for this purpose and you should not be of any resk to the security of Canada.
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Include all the necessary inforation with the application for work permit.
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Notify to the vise office of any changes in the information you have submitted along with your application.
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Avoid unnecessary correspondence and enquires to the visa office.
If you are applying for the Work Permit to Quebec then over and above you are required to meet all the requirement of the federal law however, you also required to produce to the Vice Office a Certificat d’acceptation du Québec (Certificate of acceptance) from the Quebec.
MEDICAL EXAMINATION
In most of the cases you are required to undergo medical examination before visa is issued to by the Visa Office. Situtations in which this is necessary depend on the duration of the work permit being sought, the residence of the applicant in the 12 months prior to the submission of a case, and whether or not the occupation of the individual involves work with the general public (i.e., nurse, teacher).
Spouse / Wife and Dependent Childern's Migration to Canada
Your spouse or common law partner and dependent children can come to Canada as your dependent if you are on work permit to Canada. However separate application should be made for the same.
WHETHER WORK PERMIT HOLDER CAN APPLY FOR THE PERMANENT RESIDENCE (PR)?
Work Permit is nothing but Temporary Resident Visa to Canada and it does not lead directly to Permanent Residence Visa in Canada. However you can apply for the Permanent Residence Visa to Canada while you are in Canada on Work Permit. Your application for the Permanent Residence will be processed as per the rules and regulations which apply to all other applicant seeking Permanent Residence in Canada.
If application for the Permanent Residence is accepted your status will be changed form the temporary residence to Permanent Residence in Canada. It should be noted that the application for permanent residence itself is not the ground for extension of work permit visa.
CONCURRENT PROCESSING OF WORK PERMIT
With effect from August 2006 if you are applying for the work permit to Canada you apply to the Visa in your area under Concurrent Processing Work Permit Program without attaching LMO (Labour Market Opinion along with your application and the Visa Office can start processing your work permit application and need not have to wait for filing and processing of your application for work permit until you receive your LMO. You would be required to produce your LMO to the concerned Visa Office as soon it is receoved.
If you are applying for the concurrent processing of the Work Permit you must ensure that
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The job for which you are sponsored by the employer from Canada must be falling under NOC (National Occupational Classification list.
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The job must at the level specified at O, A or B. (If it is C & D then you are not eligible for the application under this category).
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The application for work permit must be made at the Visa processing office outside Canada.
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You should not be applying for the Live-in-Caregiver Program, Seasonal Agricultural Worker Program or Pilot Project for Occupations requiring Lower Levels of Formal Training i.e. Occupation falling under C and D.
You are required to attach following documents with your work permit application under this program with the correct processing fees.
Letter specifying that you want your application should be processed under concurrent processing procedure and you are aware that you are required to produce LMO (Labour Market Opinion) issued by Service Canada before work permit is issued to you.
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Copy of application by employer for LMO
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Copy of job officer or contrct issued to by your Canadian Employer
Upon receipt of the application Visa office will decide whether your application qualifies for the concurrent processing. If your application is falling under this category visa office will allot file number to you and send you instruction regarding Medical Exqamination ifit is required. If you are not able to procude LMO you application could be refused. The LMO should be procuded to the visa office immediately on receipt of the same along with file number. If your application is pending fore more than 60 days of the application with the visa office you should contact your employer to find out from employer that how it would take to process your LMO by Service Canada. You must intimate to the visa office about this fact failing which your application could be refused by the Visa Office.
CHANGING EMPLOYER
If you are on work permit in Canada sponsored by an employer you are required to work under the employer who has sponsored you. However you can cange your employer subject to a condition you are required to seek new approval in Canada.
HOW DO WE HELP YOU?
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Determining whether you are eligible for the work permit in Canada.
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Finding employer best suited to your educational back ground and experience.
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Arranging your interview with the employer with High Tech Video Cameras in our offices located nearest to your place or in arranging telephonic interview for your selection by the employer.
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In getting LMO (Labour Market Opinion) HRDSC approval from the Service Canada through the employer.
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Preparing application for the work permit
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Submission of application at the appropriate Canadian High Commission
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You are on work permit help you in work permit for the change in the employment.
GET WORK PERMIT FROM ANY PART OF THE WORLD WHEREEVER YOU ARE LOCATED.
PLEASE WRITE TO US freeassesment@migrationoverseas.com.au
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