Temporary Residence
Those who wish to come to Canada to visit, study, or work for a limited period of time may obtain a temporary residence visa. These types of visas are typically applied for at Canadian visa posts overseas, and may be renewed from within Canada. The duration of their validity depends on the type of visa and the reason for the temporary residence in Canada. The four main types of temporary visas are: Temporary Resident Visas (aka. Visitor visas), Study Permits, Super Visas and Work permits.
Work Permits
Work permits are typically applied for from outside of Canada. In most cases, it is a prerequisite to obtain a job offer from a Canadian company and to have that job offer approved by the federal human resources authorities before a visa will be issued by Immigration, Refugees and Citizenship Canada.
LMIA
In Canada, the Temporary Foreign Worker Program (TFWP) allows employers to get temporary workers who meet certain requirements. This program is designed to help employers fill temporary skill and labor shortages. To get employees this way, an employer needs a go-ahead from the Employment and Social Development Canada (ESDC)/Service Canada. This is called a Labour Market Impact Assessment, or simply LMIA. Similar to TFWP is the International Mobility Program (IMP). The major difference between the two is that with IMP, you do not require an LMIA.
Factors ESDC considers on LMIA application
It is important you understand the factors that the ESDC considers on an LMIA application as this will help you make informed decisions. The ESDC looks at the likely impact that hiring foreign workers will have on the labour market. It considers such factors as:
The efforts the employer made in advertising the job opportunity to Canadian citizens as well as permanent residents – the employer must have advertised for more than 4 weeks before application, including in the National Job Bank website and equivalent territorial/provincial sites, and this advert must remain in place until the LMIA is issued.
Whether the employment of the prospective worker will fill the specified labour shortage.
Potential benefits that hiring the prospective worker will have on the Canadian labour market such as job creation and knowledge and skill transfer to citizens and permanent residents.
If the wages to be paid are consistent with the prevailing wage rates for Canadians in similar job groups.
If the employment of the prospective worker could negatively impact the settlement of labour disputes.
Whether the intended workplace abides by provincial employment standards legislation.
Whether the prospective employee meets language requirements (French and/or English), unless the position expressly requires communication in a language other than French and/ English.
If you are looking to hire highly skilled and experienced labour that you cannot easily get in Canada, do not hesitate to call us on to speak with an experienced LMIA lawyer Canada.
INTRA Company Transfer
The Canadian International Mobility Program (IMP) allows employers to get employees from outside Canada without the requirement of a Labor Market Impact Assessment (LMIA). The IMP has an intra-company transferee's category that allows multi-national companies to transfer qualified professionals and employees to Canada temporarily. The primary requirements that must be met by such transfer of professional and employees are:
- Transfers should be for expansion purposes and management needs.
- Transfer should be geared towards the improvement of the Canadian business.
- Transfers should help the company be more competitive internationally, which would help its Canadian operations.
- The transferee must currently be employed by the multi-national company.
- The transferee must be coming to the parent, branch, affiliate, or subsidiary of the same organization.
- The Canadian company must have rights over the employee in the performance of his/her duties.
- The transferee must possess highly unusual and uncommon knowledge in his field or must come in for a senior manager or executive position.
- The transferee’s skills must not be readily available on the market.
- There should be proof of the transferee’s specialized knowledge such as advanced education in his niche, a knowledge that is unique to the industry or the company, and salary reflecting the specialization of the employee.
Significant Benefit Work Permit
The Significant Benefit Work Permit allows artists, entrepreneurs, foreign workers, and investors, among other individuals, to come into Canada and to bring with them economic, cultural, and social benefits. This permit is only given to individuals who demonstrate to the immigration officers assessing their Significant Benefit Work Permit application that they will indeed contribute to the society and provide opportunities for citizens and permanent residents.
Once you get a permit, it can be renewed indefinitely, depending on your intended goal or project in Canada. It is important to note that the Significant Benefit Work Permit is a temporary visa typically valid for up to three years, and does not lead to permanent resident status. One of the greatest benefits of the Significant Benefit Work Permit is that unlike most other work permits in Canada, it does not require a LMIA (Labour Market Impact Assessment). You only have to satisfy the immigration officer that you meet the applicable criteria.
Who is Eligible for the Significant Benefit Work Permit?
- As the term suggests, this category is for individuals who work in foreign companies that have branches or subsidiaries in Canada. It is only for employees in managerial, executive, or specialized knowledge positions. Individuals must also meet all job qualifications for the position.
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Canadian Interests
This category is for individuals who offer more social or cultural benefit to Canada. The focus is not on economic benefits. Examples of people who fall under this category are artists and musicians who would bring awareness in Canada of important subjects. -
Entrepreneurs and Self-Employed Candidates
This category focuses on individuals who want to start a business in Canada and who do not really qualify for a permanent resident application for one reason or the other. These individuals have to prove that their intended business will have an economic, social, or cultural impact in the country. -
Emergency Repairs
This category is for foreign workers who come into the country to make repairs on industrial machinery and equipment. This way, Canadian workers are not disrupted. Individuals have to show their contribution to each of the repairs they make.
Study Permits
In order to qualify for a Study Permit, you must have an acceptance letter from a Canadian college or University (a Designated Learning Institution). You must demonstrate adequate funds to cover the cost of tuition and living expenses during your time in Canada. It's important to apply for a Study Permit well in advance of your program's start date to ensure your application is processed in time.
Hatch Immigration Consultany can assist you with your study permit application to Canada. We work with you to ensure that you are meeting the conditions of your study permit while you’re in Canada, and we help you transition to a work permit, and to permanent residency.
Visitors/Trvs
Many foreign nationals require a visa to visit Canada. Hatch Immigration Consultany helps to prepare an application for you and any dependents so that you may come to Canada to visit friends and family and/or travel.
Types of Visitor Visas
Tourist Visas
Business Visas
Super Visas for Parents and Grandparents
