Nooshin Javanshir

Workers currently in Canada: 

The table below shows which foreign workers in Canada may be able to obtain points for a job offer without the need to obtain a LMIA.

NOVEMBER 16, 2016

IRCC has changed the Express Entry immigration system. The new orders on Express Entry, come into force on November 19, 2016.

changes to job offers are:

1.     A qualifying job offer is now worth 50 points if the offer is any other qualifying offer of arranged employment. This was 600 Points before.

2.     A qualifying job offer is worth 200 points if the offer is in an occupation contained in a Major Group 00 of the N O C. These occupations are:

1. 0011 Legislators
2. 0012 Senior government managers and officials
3. 0013 Senior managers – financial, communications and other business services
4. 0014 Senior managers – health, education, social and community services and membership organizations
5. 0015 Senior managers – trade, broadcasting and other services, n.e.c.
6. 0016 Senior managers – construction, transportation, production and utilities

Every year, over 200,000 foreign workers enter Canada to work temporarily in jobs that help Canadian employers address skill shortages, or to work as live-in caregivers. In order to work in Canada on a temporary basis, foreign skilled workers must have a temporary jobofferfrom a Canadian employer .

There are several steps to this process.

Ø  Employer applies for a Labour Market Impact Assessment, if necessary

Ø  Employer extends Temporary Job Offer

Ø  Foreign Skilled Worker applies for Work Permit

Ø  Work Permit is issued

Eligibility to apply from outside Canada

To apply for a work permit from outside Canada, you must submit the following files:

Ø   a job offer from a Canadian employer

Ø   a completed application

Ø   Written confirmation from Human Resources and Skills Development Canada (HRSDC) that the employer can hire a foreign worker to fill the job. This confirmation is called a positive labour market opinion. In some cases, you do not need a labour market opinion.

You must also do the following:

ØConvince a visa officer that you will leave Canada at the end of your work permit.

ØShow that you have enough money to support yourself and your family while you are in Canada.

ØRespect the law and have no criminal record. (You may have to provide a police clearance certificate.)

ØShow that you are not a risk to the security of Canada.

ØBe in a good health condition. (You may have to have a medical examination.)

Eligibility to apply from inside Canada

 You can only apply for a work permit from inside Canada if:

Ø  you have a valid work permit or study , or your spouse or parents have a study or work permit

Ø  you have a work permit for one job but need to apply for a work permit for a different job

Ø  you have a temporary resident permit that is valid for six months or more

Ø  you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain levels in the main application process before you can be eligible for a work permit.

You must also have the following documents:

Øa job offer from a Canadian employer

Øa completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations

Øwritten confirmation from HRSDC that the employer can hire a foreign worker to fill the job.

o   In most cases, it is up to your employer to get that written confirmation.

o   In some cases, you do not need a labor market opinion.

You must also do the following:

Ø  Convince an immigration officer that you will leave Canada at the end of your work permit.

Ø  Show that you have enough money to support yourself and your family while you are in Canada.

Ø  Respect the law and have no criminal record. (You may have to provide a police clearance certificate.)

Ø  Show that you are not a risk to the security of Canada.

Ø  Be in a good health condition. (You may have to have a medical examination.)