Ackah Law has provided services to n-gen People Performance Inc. for over 5 years. From the initial consultation of our needs through the evolution and growth of our business, Evelyn and the Ackah team of lawyers and professionals have been integral support in our growing business in the United States.
Adwoa K. Buahene M.A., Managing Partner, n-gen People Performance Inc.
Work permits are required for foreign nationals who want to work during their time in Canada. These are issued by Immigration, Refugees and Citizenship Canada (IRCC) and give authorization for someone to work legally in Canada. The work permit is going to explain the type of work the individual named can perform, the employer(s) they can provide labour, where they are going to work and how long they are given permission to work. Contact us today at (403) 452-9515 Ext. 107 or 1-800-932-1190 or email us directly.
To be eligible for a work permit you must:
To apply before coming to Canada you will need to do so at the visa office in your country. You can apply from within the country but only if you meet the specific requirements. You can also apply as you enter Canada, but only as a holder of an eTA (electronic travel authorization), holds a valid medical certificate, have the ID number your intended employer has received, and that your employer has submitted a positive or valid LMIA (explained below).
However, a work permit alone may not be enough for someone to work legally in Canada. There is also the issue of the LMIA or Labour Market Impact Assessment. This is a document that indicates that there is a demonstrated need for a foreign worker to fill the job, and also that no Canadian worker is available to do it. The LMIA is meant to be "positive" and can be described as a Confirmation letter as well.
Do You Need an LMIA to Obtain a Work Permit?
The list of those exempt from the need for an LMIA seems far longer than the list of those who do need it in addition to obtaining a work permit. Though the IRCC says that in "most cases, an employer must obtain a Labour Market Impact Assessment (LMIA) to hire a temporary foreign worker", there are many exceptions.
Generally speaking, it is those who are hired within the Temporary Foreign Worker Program who need the LMIA. These workers are able to be hired to provide short-term labour and to help fill "skill shortages" (where no Canadians are available to do the work).
The employer, prior to employing you, will have to work directly with Employment and Social Development Canada (ESDC) to arrange to apply for the LMIA.
Those Exempt from the LMIA Requirements
The exemptions apply to three different "codes" defined by the Canadian government as:
Additionally, employers are able to hire temporary workers through the International Mobility Program without the use of an LMIA.
To work in Canada temporarily, you must first find out if you are eligible to obtain a work permit and then find an appropriate employer who can legally extend an offer of employment. This may mean they have applied for the LMIA and can prove that you are essential and that no Canadian is available for the work.
To learn more, visit the Government of Canada's Temporary Workers Website to determine if you are eligible and if the LMIA applies to your intended field or job.
Contact us today at (403) 452-9515 Ext. 107 or 1-800-932-1190 or email us directly.