Get in touch
We can help with your immigration matter from anywhere in the world.
Please fill out the form below and one of our team members will reach out to book a consultation. We can handle all inquiries online.
Immigration Lawyers for Workers to Canada
There are numerous options for those interested in working in Canada or immigrating to Canada for work. Usually a work permit is required and work permits come in two main types: “open” or “closed.” An open work permit allows a worker to work for any employer and switch employers without the need to apply for a new work permit. A closed work permit restricts the worker to a specific employer. You may have been advised that you need an “LMIA lawyer” (a lawyer who can assist you with obtaining a work permit after first obtaining an LMIA (Labour Market Impact Assessment). But there are many work permit options available that allow employers to skip this step.
Also, you may consider the nature of the activity to be “work” in Canada while our immigration system doesn’t consider it to be work requiring a work permit at all. (This would apply to those attending business meetings, board meetings, attending conferences etc.). There are also scenarios where people may enter Canada for work without the need of a Work Permit when certain criteria is met.
Immigration Lawyers for Workers Services
Temporary Foreign Worker Program (TFWP): Work Permits Based on an LMIA
This process involves first obtaining approval from Canada’s Department of Labour before being able to apply to the Immigration Department for a Work Permit. Generally, the process involves posting job advertisements for one month (though there are some exceptions to this requirement) and then if locals are not available, applying for a Labour Market Impact Assessment (LMIA). It’s possible to obtain LMIAs for multiple positions without listing all of the employees name (they can be filled out later).
There are two main reasons employers go through this cumbersome process. Either it’s because no other options are available or because the employer wishes to assist the employee with a points-boost for an application for Permanent Residence under a points-based permanent immigration program.
LMIA-Exempt Work Permits (International Mobility Program)
This process involves applying directly for a Work Permit without the need of prior approval from Canada’s Department of Labour. The policy rationale for this broad program is that these particular workers meet broader economic, cultural or other competitive needs or provide reciprocal benefits enjoyed by Canadian citizens and Permanent Residents.
The Global Skills Strategy
Work Permit Exemptions: under this program, highly skilled workers and researchers may enter for 15 days ever 6 months or 30 days ever 12 months without the need for a work permit. Proper documentation must be provided to qualify.
Global Talent Stream: under this program, an employer is able to forego the normal requirement to advertise for one month if able to obtain a referral from a “designated partner.” The test involves showing the employer is innovative with a need to hire a unique or specialized worker (Category A) or a worker in an in-demand occupation (Category B) to scale-up and grow.
Work Without A Work Permit
There are several instances where certain individuals may enter to ‘work’ without the need of a work permit. These include:
- Business Visitors
- Foreign Representatives
- Military Personnel
- Foreign Government Officers
- Performing Artists
- Athletes and Team Members
- News Reporters, Media Crews
- Public Speakers
- Convention Organizers
- Religious Leaders
- Judges and Referees
- Examiners and Evaluators
- Expert Witnesses or Investigators
- Short-term Students in a Foreign Health Care Program
- Civil Aviation Inspector
- Aviation Accident or Incident Inspector
- Crew
- Emergency Services Provider
Immigration Lawyers for Workers Frequently Asked Questions
How many years is my working permit valid in Canada?
Work permits have varying lengths of validity as per the particular program used and also you may not have received full validity due to your passport expiring.
What are the requirements for work permits in Canada?
There are many types of work permits available which allow you to avoid having to get approval from the Department of Labour first (a Labour Market Impact Assessment), although sometimes this first step is required. Each program has differing requirements and legal strategy is often involved in terms of providing proper legal submissions and supporting documentation and even advising as to which border to enter Canada.
What kinds of work permits are available in Canada? Is one easier to get than the other?
There are many different types of work permits and some leave little room for refusals if done properly whereas others require strong submissions and evidence to cover all the possible ways to reject the application given there is more room for officer discretion.
Do I need a lawyer to get a LMIA?
It is highly advisable that an employer hires a lawyer given the government is extremely strict as to the content of advertisements and interviews are conducted by officers who will ask open-ended questions which if answered without guidance, can lead to a refusal - even where there is a genuine need for the foreign worker.
Worker Immigration News & Legal Insights
Canada Needs More Immigrants to Solve a Problem Caused by Immigrants
Mr. Jain recently authored an article in the Economic Times India, where he discusses the latest immigration targets and the current challenges the country is facing due to housing shortages and public concerns about immigration.
In his article, Mr. Jain explains that although the overall...
Canada’s Tech Talent Strategy
Today, during the Collision 2023 Tech Conference, the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, announced Canada’s inaugural Tech Talent Strategy. This new strategy introduces fresh initiatives and enhancements to existing measures, aimed at fostering...
Immigration Legal Services
We are a full-service immigration law firm with decades of experience and are able to navigate complex legal issues and avoid legal and practical problems before they arise.
Removal Order for Misrepresentation Overturned by the Federal Court