Temporary Worker Permit
Many people assume that the easiest way to move to Canada is by getting a job offer or that you need a job offer in order to move to Canada. As you know by now, this isn’t the case. If you’re a young professional or work in a skilled trade, you can probably move to Canada as a permanent resident through Express Entry.
Your odds of finding a company to sponsor you for a work permit vary greatly, based on your professional experience and personal network. If you do find a company to sponsor you, their attorney take care of getting you a work permit. Unlike some countries, this can happen in a matter of weeks. You might want to start packing as soon as you accept the job offer.
Your prospective employer will need to get a Labour Market Impact Assessment (LMIA) to show that they couldn’t hire a Canadian for the job and that hiring you won’t have a negative impact on the economy.
You’ll need to submit:
- your application,
- The job offer letter
- A copy of the LMIA or offer of employment number
- Proof of experience or education, based on the job requirements
- An eTA or visitor visa, if you need one
- You may be required to have an interview with an IRCC official and/or get a medical exam. If your job requires a medical exam, it can add significantly to the processing time
Once your application is approved, you’ll get a letter of introduction. When you arrive at the port of entry, you’ll show this to a border services officer. Hopefully they’ll give you a work permit without any trouble.
Sometimes they’ll ask for piles of documentation. This is at the discretion of the border agent. We know people who’ve only gotten their work permit after going back for additional documents three times! Other times they approve work permits without looking at anything. Your work permit will be specific to your employer and will say how long it’s valid for. It may even specify what location you can work at if your company has multiple locations.
Thanks to NAFTA, citizens of the USA and Mexico have access to special work permits. Getting a TN visa through NAFTA is much simpler, and faster, than getting a temporary worker permit. In fact, under NAFTA you may not even require a visa in order to work in Canada if you’re conducting certain types of business or are involved in trading and investing. You can get a TN visa at the port of entry. Working in Canada under NAFTA doesn’t provide a direct pathway to stay in Canada permanently. However, you can renew your TN visa every three years as many times as you’d like. Your time working in Canada under a TN visa can also make you eligible to become a permanent resident through Express Entry.
Most business visitors are only in Canada for a few days, but you can stay for up to six months without needing a work permit, thanks to NAFTA. You can spend time in Canada looking for ways to grow your business, making investments, or building business relationships. Conferences, meetings, and standard business training or support are all fine. Whenever you travel to Canada as a business visitor, make it sure to have a letter from your employer briefly explaining what you will be doing and for how long. It is very rare that they will ask for the letter, but being overly prepared is good. Taking a couple minutes to get the papers together seemed better than potentially being denied entry at the border. They would ask basic questions about the meetings. They may ask to see your business card and quiz you about what it is you do. They don’t really care about your work, they’re just making sure you’re being truthful about your intentions. If your job is difficult to explain, keep it simple. Yes, you want to be honest, but you also don’t want to accidentally end up spending your whole day at customs because you got too in-depth and set off red flags for no reason.
Border agents want to know that you aren’t going to stay longer than six months and that your main source of income is outside of Canada. Finding a few new Canadian clients is fine. Of course, they may ask for proof that you have funds to support yourself during your stay, like pay stubs, W-2s, or bank account statements. Having a return flight booked never hurts.
To be a professional under NAFTA, you still have to jump through some hoops. Why is it worth it? As a professional, whatever company is hiring you doesn’t need to get approval from the Employment and Social Development Canada to hire you. In order to qualify, you need to have experience working one of the jobs mentioned in NAFTA. NAFTA states what sort of degrees or licenses you need to demonstrate your qualifications. You also need to have a written job offer. You won’t be surprised to hear that anyone working in medicine or science will probably see themselves on this list. College or seminary instructors are in the clear. Quite a few general business people are on there, including graphic designers, librarians, landscape architects, social workers, and hotel managers.
The final step is to get a work permit. You get your actual work permit at the border, which can be a little anxiety inducing. Several companies let you know during the phone interview that they were not interested in hiring someone who wasn’t a resident, even if they didn’t need to get an LMIA. The amount of effort required to find a company willing to hire someone on a TN visa varies greatly depending on your industry and personal factors.
Does your company have an office in Canada? If you’ve worked there for a year and can convince them to transfer you, you’re good to go. You’ll need to be working as a manager or a specialist and you’ll still need a work permit. You can apply online and the IRCC walks you through the steps. Traders and investors If your company is involved in a significant amount of trade between the US and Canada, you can stay for up to six months. Your company’s attorney can advise you on the NAFTA rules you’ll need to meet and the process for getting a work permit.