Frequently Asked Questions About Work and Immigration

A job offer is a genuine offer of employment from a legitimate Canadian employer.

Yes. There are essentially two types of job offers that a Canadian employer can make:

• A temporary job offer is an offer of Canadian employment that is made for a specific period of time – six months, one year, etc… Individuals can only begin working, in most cases, after they receive a Temporary Work Permit.

• A permanent job offer is an offer of Canadian employment that is made for an indeterminate period of time. Individuals can only begin working after they receive a Canada Immigration Visa.

Yes. Individuals may apply for a Temporary Work Permit on its own or in combination with an application for a Canada Immigration Visa. Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) recognizes the concept of "dual intent" whereby an applicant desires to work in Canada temporarily and thereafter reside and work in Canada permanently.

Under Express Entry, candidates who are successful in obtaining a job offer supported by a Labour Market Impact Assessment (LMIA) are awarded an additional 50 or 200 points under the Comprehensive Ranking System (CRS), depending on the position offered. Although this CRS points bonus does not guarantee that the candidate will be invited to apply for permanent residence in Canada, the fact that he or she has obtained a qualifying job offer means that he or she is more likely to be issued an Invitation to Apply (ITA) for permanent residence at a subsequent draw from the pool, therefore fast-tracking the immigration process.

For more information, visit the arranged employment page.

There are significant benefits to obtaining a temporary Canadian job offer:

• A job offer is the starting point for obtaining a Temporary Work Permit.
• Coming to Canada on a Work Permit is the quickest way to enter Canada and work. The Work Permit application process can usually be completed in a matter of days or weeks.
• The Canadian employer of a Work Permit holder in Canada can offer the individual a permanent full-time job of indeterminate length and the new job offer will be considered arranged employment in Canada under the Federal Skilled Worker Class.

No. It can never hurt.

No. Once in Canada, there are many available rewarding employment opportunities. Each day in Canada more than 50,000 job postings go unfilled. Getting a job offer from outside Canada is more of a challenge but certainly can be accomplished with a little bit of perseverance, especially with the tools and guidance that our Canadian law firm offers. Many Canadian employers have a keen demand for skilled workers and professionals. There is no reason why an applicant from outside of Canada can't be a part of their solution.

The Canada Job Bank is an online search engine for open job positions across Canada that helps match candidates with Canadian employers and jobs based on their skills, knowledge, and experience. Under Express Entry, candidates may register with the Job Bank. As of June 6, 2017, registration in the Job Bank is no longer required for candidates who do not already have a Canadian job offer or a Provincial/Territorial nomination. However, it is recommended that they do so, in order to increase their visibility to Canadian employers.

Should the Express Entry candidate choose to apply to a job opportunity, the recipient employer will then be required to go through their usual interview or assessment process. If the employer finds that the Express Entry candidate meets their needs, and they are eligible to hire a foreign national, they can offer them a job.

Furthermore, candidates in the Express Entry pool have the opportunity to increase their chances of being invited to apply by promoting themselves directly to employers through the CanadaVisa Job Search tool.

Cohen Immigration Law can provide the following services in relation to finding work in Canada and obtaining a job offer from a Canadian employer:

• Everyone who is considering immigration to Canada is encouraged to use the CanadaVisa Job Search Tool, which features full listings and contact information of employers that are currently hiring. The Canada Job Search Tool is updated in real-time and can be accessed as often as needed.
• Use the Canadavisa Resume Builder Tool to create a custom Canadian resume. Users can store their Canadian Resume in the Canadavisa Resume Bank. Canadian employers browse resumes in the Canadavisa Resume Bank to search for potential employees.
• Upon request, Cohen Immigration Law will communicate with potential Canadian employers to explain the simplicity of the "job offer process" from a Canadian immigration perspective. We will provide step by step guidance to each potential employer.
• We invite users to visit Canadavisa's Work in Canada Zone, where it is possible to find valuable information and tips about finding a Canadian job and working in Canada.

Work visas and employment authorizations are known as work permits in Canada. A work permit is a document issued by officials of the Canadian Government that allows a foreign individual to work at a specific job for a specific employer.

Canadian Immigration regulations define “work” as an activity for which remuneration is earned or that competes directly with activities of Canadian citizens or Permanent Residents in the Canadian labor market.

Generally, individuals who are not Canadian citizens or Permanent Residents require a valid work permit to work in Canada. However, foreign workers can do some jobs in Canada without a work permit.

For more information, click here.

As a general rule, the first step is to obtain a valid job offer from a Canadian employer. Open work permits are the exception and do not require a prior job offer. Open work permits may be available to the spouses/common law partners of certain work permit holders, the spouses/common law partners of foreign students in Canada, asylum seekers, in-land sponsored family members, and destitute students in Canada.

Immigration, Refugees and Citizenship Canada (IRCC), a department of the Canadian Government, issues work permits.

Applications for a work permit may be submitted online. Applicants must have access to a scanner or camera in order to create and upload electronic copies of all required documents and a credit card. Work permits can also be applied for from outside Canada at the Canadian visa office responsible for the country of the applicant's citizenship, or the country to which the applicant has been lawfully admitted.

Most work permit applications are processed and issued within a matter of days or weeks, depending on whether or not a medical examination is required and the workload at the particular visa office to which the application was submitted.

The length of a work permit depends entirely on the nature of the job in Canada and the work permit category under which the applicant has applied. Work permits can be extended from inside Canada, but some work permits have a maximum duration.

Separate and apart from a work permit, an applicant will need a Temporary Resident Visa (TRV) unless the applicant is from one of the following visa-exempt countries. In most cases, citizens of visa-exempt countries are required to obtain an Electronic Travel Authorization (eTA) in order to enter Canada.

Applicants must apply for a TRV at the Canadian visa office responsible for their country of citizenship or the country to which they have been lawfully admitted. An application for an eTA is usually submitted online, although a paper application process is available.

Often, employment and business opportunities are time sensitive and for that reason having a legal representative in Canada with expertise in the area of work permits is the most efficient way to proceed.

It is important to note that, while an applicant's qualifications are supposed to be the determining factor in the success of a work permit application, the Immigration, Refugees and Citizenship Canada (IRCC) Officer's discretion can play a crucial role in the final outcome of each case. Under Canadian immigration regulations, IRCC Officers are given a great deal of discretion in the handling of work permit applications.

Cohen Immigration Law will evaluate if a work permit is necessary and, if so, whether or not the applicant is entitled to one. We will then assess an individual's situation to determine the type of work permit that would be best, and see if the individual qualifies for an exemption from certain conditions. We will advise clients of the steps they will need to take in order to receive a work permit.

Cohen Immigration Law manages individual applications to optimize the likelihood of successfully obtaining a work permit. We will present evidence to the IRCC Officer of an individual's neutral or beneficial impact on the labour market in Canada so that the IRCC Officer will consider each application in the best light.

Because we do this every day, all day long, and have done so for over 45 years, we are well aware of the rhythms and changes of the Canadian government's processing service standards. Any undue delay in an individual application will quickly become evident to us, and allow us to act immediately.