Temporery Categories - Canlanka Immigration Service

New rules that will reduce the potential for fraud or misuse of the program while protecting Canada’s international reputation for high-quality education and improving services to genuine students will come into force on June 1, 2014. In most cases, you must obtain a study permit if you want to study in Canada.

1. You must have been accepted by a designated learning institution in Canada.
2. You must prove that you have enough money to pay for your:
   • Tuition fees
   • Living expenses for yourself and any family members who come with you to Canada and
   • Return transportation for yourself and any family members who come with you to Canada.
3. You must be a law-abiding citizen with no criminal record and not be a risk to the security of Canada. You may have to provide a police certificate.
4. You must be in good health and willing to complete a medical examination, if necessary.
5. You must satisfy an immigration officer that you will leave Canada at the end of your authorized stay.

Employers can hire eligible students during their studies or after they graduate. Study permit holders may be eligible to work off campus without a work permit as soon as they begin their studies in Canada.

Students who are eligible may work for any eligible Canadian employer for up to 20 hours a week while class is in session, and full-time during scheduled breaks in the academic calendar.

• have a valid study permit,
• be a full-time student,
• be enrolled at a designated learning institution at the post-secondary level or, in Quebec, a vocational program at the secondary level, and
• be studying in an academic, vocational or professional training program that leads to a degree, diploma or certificate that is at least six months in duration.

Students are responsible for ensuring they meet these criteria and applying for a Social Insurance Number. As an employer, you should ensure that the student you hire has a valid study permit. You may wish to ask the student for a letter of enrollment to confirm that the student is studying full-time in an eligible program at a post-secondary institution (or a vocational program at the secondary level in Quebec).

Foreign nationals who have completed a program of at least eight months (08) at an eligible Canadian educational institution may apply for a Post-Graduation Work Permit. This permit allows international students who have completed their studies to work for any eligible employer in Canada for up to three years, depending on the duration of the course of study.

• Processing times: Vary depending on how the application is made.
• The foreign worker is responsible for the application process.
• These permits are open work permits, allowing the student to work for any eligible employer in Canada.
• A Post-Graduation Work Permit can last up to three years, depending on the duration of the course of study.

Students with work experience may be eligible for permanent residence with the following programs:

• Federal Skilled Worker Program
• Canadian Experience Class
• Federal Skilled Trades Program

Students, with or without work experience, may also be eligible for Provincial Nominee Programs.

Note: Under the new rules, your study permit will become invalid 90 days after you have completed your study program. If you switch to a shorter-term program or finish your studies early, your study permit will expire 90 days after your study program has been completed. Your program is considered complete when you receive written notification of program completion (for example, a transcript or an official letter) from your institution or once you obtain your degree, diploma or certificate. This does not apply to you if your study permit application was received before June 1, 2014, or if you were issued a study permit before June 1, 2014.

Type of work permit in Canada

1. Temporary work permit:

A vast majority of Foreign Workers need a Work Permit to be legally employed in Canada. All Foreign Workers are subject to health, criminal, security, occupational and educational background check and Language abilities. CANLANKA assist applicants with Labour Market Impact Assessment (LMIA) and Work Permit submission.

1. Seasonal Work permit:

Under the Seasonal Agricultural Worker Program, applicant may remain in Canada for a maximum of 8 months between January 1st and December 15th. Under this program employer must request authorization (LMIA) from Employment and Social Development Canada (ESDC) to hire a Foreign Worker each new season.

1. Without work Permit:

Among other special categories (performers, exchange professionals, academics, religious workers, etc.), Business Visitors do not require a work permit and can enter and work in Canada if they qualify under one of the following free trade agreements: NAFTA, GATS and other Free Trade Agreements (FTAs).

Do you need a work permit?

Find out if you need a work permit to work temporarily in Canada.

1. Your employer may need to get a Labour Market Impact Assessment (LMIA) to hire you. This is a document from the Government of Canada that gives your employer permission to hire a foreign worker.
2. Find out if you need an LMIA.
3. You must meet the requirements to:
   • enter the country,
   • stay in Canada and
   • get a work permit.

This means you may also need a visitor visa.

1. A work permit does not let you live in Canada permanently. To do so, you must qualify under an immigration category as a permanent resident.
2. Caregivers who meet certain requirements can apply to stay in Canada permanently.
3. Your spouse or common-law partner and your dependent children may apply to come to Canada with you, and, if they wish, apply for a study or work permit.

Apply for a work permit:

Find out if you are eligible for a work permit. You normally have to apply for a work permit from outside Canada. Sometimes, you can apply as you enter Canada or from inside Canada, but many of the requirements are the same.

How you apply and how long it will take to process your application will depend on the kind of work you will do when you come to Canada.

If your spouse wants to work in Canada:

If you have a spouse or common-law partner who wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same rules as you do. This includes their employer getting an LMIA, if needed.

Your spouse or common-law partner may be able to apply for an “open” work permit. This is a permit that will let them accept any job with any employer if you are:

• approved to work in Canada for six months or longer, and
• Doing a job at Skill Level 0, A or B in the National Occupational Classification.

Note: If you have a post-graduation work permit, your spouse must attach a copy of your work permit to their application for an open work permit, as well as a:

• • letter from your current employer that confirms you work there, or a copy of your employment offer or contract, and
  • Copy of one of your pay slips.

Your spouse’s permit will be valid no longer than yours.

If your children want to study or work in Canada:

Your dependent children may also apply to come with you to Canada, and if they wish, apply for a study or work permit.

There are two kinds of foreign workers in Canada:

Who need a Labour Market Impact Assessment (LMIA), and those who are LMIA-exempt? An LMIA shows whether Canadians are available, or if there is a need for a foreign worker. There are however, situations where foreign workers do not need an LMIA. This may be the result of free-trade agreements such as NAFTA or youth exchanges programs, for example, where there are reciprocal agreements that benefit Canada.

As a result of the Temporary Foreign Worker Program review, a number of changes have been introduced for foreign workers in Canada and the Canadian employers who are hiring them. Among the changes, LMIA-exempt foreign workers will now be part of the newly named International Mobility Program. This will distinguish them from foreign workers who need a LMIA to enter Canada through the Temporary Foreign Worker Program.

Employers can hire foreign workers through the Temporary Foreign Worker Program or the International Mobility Program.

The Temporary Foreign Worker Program lets employers hire foreign workers to fill temporary labour and skill shortages. Employers need to get a Labour Market Impact Assessment (LMIA) by Employment and Social Development Canada (ESDC) to hire through this program. An LMIA verifies that there is a need for a foreign worker and that no Canadians can do the job. Find out more about what a foreign worker must do to come to Canada.

The International Mobility Program lets employers hire foreign workers without the need of an LMIA. Exemptions from the LMIA process are available where there are reciprocal benefits for Canadians and other competitive advantages for Canada. Employers can hire workers abroad or already in Canada.

Qualified foreign workers already in Canada could include those who:

• are about to complete a job contract with another employer, or
• Hold an open work permit that allows them to work for any employer in Canada.

Employers can normally hire a foreign worker for up to four years. Processing times vary depending on where and how the person applies. Foreign workers must apply for themselves.

Some foreign workers can go on to become permanent residents through:

• Federal Skilled Worker Program
• Canadian Experience Class
• Provincial Nominee Program
• Caregiver Program: Caring for Children
• Caregiver Program: Caring for People with High Medical Needs
• Live-in Caregiver Program