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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
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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.
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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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