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Employment Authorizations Are Required

   As a general rule, foreign individuals seeking to work temporarily in Canada require Employment Authorizations. An Employment Authorization is a document issued by Canadian immigration officials which allows a foreign individual to work in Canada, generally at a specific job and for a specific employer, and always for a limited time -- usually one year or less. In some cases, applicants will be required to undergo medical examinations

For Canadian immigration purposes, work is defined as "any activity for which a person receives or might reasonably be expected to receive valuable consideration." Thus, foreign individuals may require Employment Authorizations even if they intend to work in Canada without compensation. 

Employment Authorizations Are Not Required:

If the proposed activities in Canada are required in or beneficial to Canada - regardless of the labour market conditions or unemployment rates in Canada - an Employment Authorization is not required. 

Job Offer Validation

In most cases, a job offer from a Canadian employer is required to apply for an Employment Authorization. The job offer may or may not have to be approved by a Canadian Human Resources Development Center (known as Job Offer Validation). The general rule is that Canadian immigration officials will not issue an Employment Authorization without prior Job Offer Validation. 

The rationale behind the Job Offer Validation requirement is to ensure that Employment Authorizations are granted only in cases where their issuance will not have a negative impact on the Canadian job market. The Job Offer Validation process thus entails the demonstration that a "significant" effort has been made to seek and hire a Canadian for the position in which there is a petition for validation. In general, it is necessary to establish that the applicant has special abilities or skills which are not easily found within Canada. The procedure for obtaining a job validation is often demanding and time-consuming. 

Job Offer Validation Exemptions

Fortunately, exemptions from the Job Offer Validation requirement are available:  

·                     Under the North American Free Trade Agreement (NAFTA) / Canada-Chile Free Trade Agreement (CCFTA); 

·                     Under the General Agreement On Trade In Services (GATS); 

·                     For individuals whose activities will provide significant benefit to Canada; and 

·                     Under the Pilot Project for Software Professionals and the Pilot Project for Spouses of Highly-Skilled Temporary Workers. 
  

Port of Entry Requirement

Foreign workers are considered to be Visitors in Canada. They must satisfy an immigration official at the port of entry that the purpose of their entry into Canada is of a temporary nature.

Live in-caregiver

 

Work permits -- requirements

112. A work permit shall not be issued to a foreign national who seeks to enter Canada as a live-in caregiver unless they

(a) applied for a work permit as a live-in caregiver before entering Canada;

(b) have successfully completed a course of study that is equivalent to the successful completion of secondary school in Canada;

(c) have the following training or experience, in a field or occupation related to the employment for which the work permit is sought, namely,

(i) successful completion of six months of full-time training in a classroom setting, or

(ii) completion of one year of full-time paid employment, including at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which they submit an application for a work permit;

(d) have the ability to speak, read and listen to English or French at a level sufficient to communicate effectively in an unsupervised setting; and

(e) have an employment contract with their future employer.

 

Who may apply?

You may apply for permanent residence as a live-in caregiver if you:

  • are living in Canada;
  • have a valid work permit to work as a live-in caregiver;
  • have completed two years of authorized full-time employment as a live-in caregiver within three years from the date you entered Canada under the Live-in Caregiver Program;
  • have lived in your employer’s home;
  • told the truth about your education or training when you first applied for a work permit as a live-in caregiver; and
  • are able to support yourself and your family members without the need for social assistance or welfare.

Also, you and any family members must:

  • pass an immigration medical examination;
  • pass criminal and security clearances;
  • not be the subject of an immigration inquiry or appeal; and
  • have valid passports or travel documents

 

 

 

 

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