Work In Canada FAQ's

Work In Canada

Q. Is a job offer required for immigration to Canada under the Skilled Worker/Professional category?

No, it’s not. You can stand qualified for a Canadian Permanent Resident visa even if you do not have a Canadian job offer.

Q. What is a "job offer" within the context of Canadian immigration?

In this context, it means a genuine job offer from a legitimate Canadian employer.

Q. Are there different types of job offers that a Canadian employer can make?

There are two types of job offers:

  • Temporary – this offer is valid for a specific time period, such as for six months, one year, etc. In most such offers, the temporary employee can start working once they get the Temporary Work Permit.
  • Permanent – this job offer is for an indeterminate period of time. With this offer in hand, employees start working only once they get a Canada Immigration Visa.

Q. Is it possible to apply for a Temporary Work Permit and a Canada Immigration Visa?

Yes, it is indeed possible to do that. You can apply for a Temporary Work Permit only or along with a Canada Immigration Visa. In such cases, the IRCC takes cognisance of your intent to work in Canada for a temporary time period and post that reside in Canada on a permanent basis.

Q. What are the advantages of obtaining a permanent job offer from a Canadian employer?

If you are able to secure a job offer that’s supported by aLabour Market Impact Assessment (LMIA) from a Canadian employer, under the Express Entry system, you are given extra points between 50 and 200. These are awarded under the Comprehensive Ranking System (CRS) and depend on the type of position offered to you.

Do keep in mind that these points are in no way a guarantee that you will receive an Invitation to Apply (ITA), but you will stand a higher chance of receiving it – which means your immigration process will be on the fast track.

Q. What are the advantages of obtaining a temporary job offer from a Canadian employer?

These are:

  • It is the launch pad for you to get a Temporary Work Permit.
  • When you get a Work Permit, you are on the fastest route to enter Canada. In most cases, the application process for a Work Permit gets completed within a few days or weeks.
  • If you are a Work Permit holder, your Canadian employer can offer you a permanent full-time job of indeterminate length. This new job offer is deemed as arranged employment in Canada under the Federal Skilled Worker Class.

Q. Is there any disadvantage to obtaining a Canadian job offer?

No, there are none.

Q. What is a work permit?

The Canadian government issues a document to foreign workers to work in Canada which is known as a Work Permit. This comprises Work Visas and Employment Authorizations. This permit will allow you to do a specific job for a specific employer.

Q. How do Canadian Immigration authorities define “work”?

It is defined as:

  • An activity in which you earn remuneration

OR

  • An activity that is in direct competition with the activities of Canadian citizens/permanent residents in the Canadian labor market

Q. Who needs a valid work permit to work in Canada?

If you are not a Canadian citizen or permanent resident, in most cases, you will require it to work in Canada. In some cases, however, foreign workers do not need a work permit.

Q. What is the first step to obtaining a work permit?

Firstly, you will have to get a genuine job offer from a Canadian employer. You wouldn’t need it if you have an open work permit. These permits are usually available to:

  • Spouses/common-law partners of certain work permit holders
  • Spouses/common-law partners of foreign students in Canada
  • Asylum seekers
  • In-land sponsored family members
  • Destitute students

Q. Who issues work permits?

These are issued by the IRCC.

Q. How is an application for a work permit submitted?

You will have to submit your applications for a work permit online.

Use a scanner or camera to create and upload electronic copies of all required documents.

You will also require a credit card.

Outside Canada, you have to apply for a work permit at the Canadian visa office in either your own country or the country in which you have been lawfully admitted.

Q. How long is the processing time for a work permit?

In most cases, the processing time period is a few days to a couple of weeks. This depends on:

  • If a medical examination is required
  • The workload of the visa office you applied at

Q. How long can a work permit be issued for and can it be extended?

This length depends on:

  • Nature of job in Canada
  • The work permit category you applied under

You can get your work permit extended once you are in Canada. However, some permits have a maximum time period.

Q. Is a Visitor’s visa required to enter Canada to work?

To work in Canada, if you have a Work Permit, you may not require a Temporary Resident Visa (TRV) if you are from a visa-exempt country, but you will still be required to get an Electronic Travel Authorization (eTA) to enter Canada.

You can apply for the TRV at the Canadian visa office in either your own country or the country in which you have been lawfully admitted.

While you can take the paper application route, an easier way to apply for an eTA is online.

Q. What are the advantages of hiring an attorney?

Opportunities – whether business or employment – are mostly time-sensitive. If you are seeking the most efficient method to move forward in terms of getting the right permits, you should hire an attorney with related expertise to swiftly propel your process forward.

Q. What is maintained status?

This status comes into play when your temporary stay permit has expired and your application for a new one is under processing.

This status, called maintained status, will allow you and your family (if applicable in this case) to stay in Canada till your application is fully processed. In most cases, this status is applicable for persons who are seeking an extension of their study or work permit or of their visitor visa. 

Q. Does a candidate have to submit an application for maintained status?

No, they don’t. This status automatically comes into play when you or your family applies for an extension of the existing permit and are still awaiting the result of the application.

Q. How long does maintained status last?

This status remains in play till the extension application gets a result.

Q. Can an individual on maintained status still work?

If you are a temporary worker who has applied for a work permit extension for the same employer before your previous permit’s expiration, you can continue working under the previous permit’s conditions, which is for the same employer.

But if you have applied for a work permit for a different employer, you must stop working when the permit expires and wait for the final decision on the application.

Q. Can an individual on maintained status still study?

If you are a student and have applied for a study permit extension before the previous permit’s expiration, you can continue studying under its conditions. But if you have applied for a study permit for a different institution, you should stop studying when the permit expires and wait for the final decision on the application.

Q. What happens to maintained status if an application is refused?

If that happens, the applicant will be out of status in Canada. They can, in some situations, apply for status restoration.

Q. If someone on maintained status leaves Canada, can they re-enter the country?

They can re-enter Canada as temporary residents if they have a multiple-entry visa or are temporary resident visa (TRV)-exempt.

If someone is from a country that requires a TRV leaves Canada to visit the United States or St Pierre and Miquelon, they are considered as TRV-exempt and can re-enter Canada as a temporary resident.

However, they cannot resume work or study after leaving and re-entering the country until they get a new work or study permit.

Q. What documents are required to prove that someone is legally in Canada on maintained status?

In most cases, the application proof regarding permit extension is considered as proof of maintained status. If this application has been submitted during the validity period of the person’s previous permit, they remain on maintained status.

For hassle-free re-entry into Canada, individuals on maintained status should carry their application submission proof along with them.

Q. If the candidate applied for a different permit, can he or she continue the activities allowed by the previous permit while awaiting a decision on the application?

If you have submitted an application for a new work permit for a different employer, you must cease working upon the expiration of the previous permit and wait for a decision on the application for the new work permit.

Students should follow the same practice.

Q. Will the apparent gap in the dates between two permits affect a future application for a Canadian Permanent Residence visa?

You may have permits that show a gap in the dates between the expiry of your former permit and the issue of the more recent permit. But, in almost all cases, the new permit does state that the holder maintained their status until their new permit was issued, making clear the reason behind the gap in dates.

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