– Daniela Gega
Entering Canada for corporate or business reasons differs from obtaining a work permit. In these circumstances, an individual will need to obtain a business visitor visa to enter Canada for meetings, training, or events related to their job.
Employers in Canada who wish to hire foreign workers through certain immigration programs typically need to obtain an LMIA. This assessment ensures that hiring a foreign worker will not negatively affect the job opportunities, wages, or working conditions of Canadian citizens or permanent residents.
ESDC evaluates various factors including the genuineness of the job offer, the employer’s compliance with labour laws, and efforts made to hire Canadians before considering a foreign worker. The program aims to strike a balance between addressing labour shortages in certain sectors and safeguarding opportunities for Canadian workers.
The Employer Compliance regime includes monitoring mechanisms to ensure that employers adhere to their obligations. This may involve inspections, audits, and investigations to verify compliance with immigration and employment laws. Non-compliance can result in penalties, such as fines, bans on hiring foreign workers, or even criminal prosecution in severe cases.
Canada’s Business Visitor Program facilitates short-term visits by foreign nationals for business-related purposes. This program allows individuals to engage in activities such as attending meetings, conferences, or negotiations, exploring investment opportunities, or conducting market research. Business visitors are not permitted to enter the Canadian labor market or engage in hands-on work activities while in the country. Working with a lawyer can help you determine if the business visitor visa is correct for you and will help you with all applications necessary for your visit.
Permanent residents are not Canadian Citizens. Instead, they have been granted permanent residence status by immigration authorities, allowing them to live and work in Canada. There are three main classes of permanent residency: economic class, family class, and refugee and humanitarian class.
If you have close relatives living in Canada, Family Class immigration seeks to reunite you with your loved ones. A family-class permanent residence application is also known as Family Sponsorship and involves a Canadian Citizen or permanent resident sponsoring their family members to move to Canada. This may include a spouse, common law or conjugal partner, parent, grandparent, or child. This may also include their own dependent family members.
In these situations, there are a number of requirements the sponsor and family members must meet to be eligible. Since the sponsor must financially provide for their family while living in Canada, there are financial requirements, health requirements, and other specifications individuals must meet. Working with a lawyer who understands your situation, financially and otherwise, can help you pull together the documentation you need to have your application approved.
Express entry is a platform that manages applications for permanent residence made by skilled workers. Depending on your age, work history, and other factors, there are three programs you may apply to through express entry: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class.
Canada’s Provincial Nominee Program (PNP) is an immigration pathway that allows Canadian provinces and territories to nominate individuals who wish to immigrate and settle in a specific province or territory. Each province and territory in Canada, except for Quebec, has its own unique PNP tailored to its specific economic and demographic needs.
Through Provincial Nomination Programs, provinces and territories are able to select candidates who have the skills, education, and work experience needed to contribute to the local economy and society. These candidates may be eligible to apply for permanent residence in Canada through the Express Entry system or through a separate provincial nomination stream.
If you have been granted protected person status, you can apply for permanent residence on this basis. Even though you are a protected person, you may not be eligible for permanent residence, including if you are inadmissible on certain grounds. At Kingwell Immigration Law we have experience in resolving these issues and can help you find the best way forward.
If you are not eligible for another class but need to enter or remain in Canada for compelling reasons, you may apply for permanent residency on humanitarian and compassionate (“H&C”) grounds. If you feel you qualify, it is important that you work with a lawyer to help you establish the factors that make you eligible prior to applying. Filing an application that is incomplete or unwarranted can cause serious problems for your ability to enter or remain in Canada in the future.
If you are looking to visit Canada, you will need either a temporary resident visa or an electronic travel authorization. A temporary resident visa is a document that goes in your passport that indicates you have met the eligibility requirements to visit Canada. Electronic travel authorizations can be obtained online usually in a matter of minutes. Whether you need a temporary resident visa or an electronic travel authorization will depend primarily on the nationality listed in your passport.
If you are looking to visit Canada for personal reasons, such as tourism or to visit family, there are a few application options you may wish to apply for. In many cases, you will need to apply for a Temporary Resident Visa (TRV). Visitors who are exempt from obtaining a TRV will usually require an Electronic Travel Authorization (eTA) to enter Canada.
If you are a parent or grandparent of someone living in Canada, you may be eligible for a super visa, which allows you to visit Canada for up to 5 years at a time. There are a number of criteria you must meet to be eligible for a super visa, and it is important that you consult with an immigration lawyer to understand the application process and your obligations following its approval and your stay in Canada.
Should you wish to work in Canada for a specific amount of time, you will usually require a work permit. In Canada, there are two main types of work permits: an Open Work Permit and an Employer Specific Work Permit.
An Employer Specific Work Permit requires you to have been offered a job by a Canadian employer, and you must submit a Labour Market Impact Assessment document, as well as other materials, for the permit to be approved.
An Open Work Permit allows you to work for any employer for a specified amount of time. It does not limit which employer you can work with.
Although work permits seem straightforward, there are a variety of documents and materials you must provide as part of your application. Working with a lawyer to understand which permit you qualify for and the steps you need to take to get it approved is essential.
If you are a student who has been accepted to a Canadian educational institution, you will require a student visa to enter Canada and begin your studies. Students will also require a study permit, which authorizes them to study at Designated Learning Institutions (DLIs) in Canada. It is important to ensure that the documentation you have is correct and that your application is in order prior to your school year. A lawyer will help ensure a smooth application process.
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