Working in Canada during my work placement year; job secured already

[Gandhi]

Hi folks,

I am a 19 year old, second year university student from the United Kingdom. I have secured myself a placement opportunity in British Columbia, to last no more than 12 months working with a small family business.

My issue is that, thus far, I have not been able to ascertain exactly what rules apply to my particular situation, given that the work is unpaid but can arguably be deemed competitive to other Canadian students. Furthermore I have contacted my Canadian embassy, but they have emailed me two automated replies: one stating they got my email, and one stating they haven't because their inbox is full.

During the placement, I would be living with the family, who will be providing me board and accommodation in lieu of pay. I will not receive any monetary compensation for my work, which involves helping to run the business' bookkeeping, its promotional activities and executing decisions to grow the business. Financially, I should be secure as I do receive enough money form my student loan company, as well as from private funds (possibly).

From what I can tell, the employer will need to apply for a Labour Market Impact Assessment and be granted approval by the ESDC, which will also decide whether the job offer is genuine. Once that has all gone through, I must then apply for both a work permit and a temporary resident visa.

However, this is made more confusing by the fact that it seems they do not offer many opportunities to UK citizens, with only a "working holiday" option available to UK citizens on the CIC website.

What do I need to do?? This is very annoying as I have a job offer and I really cannot wait to make gains both from and for it - but it seems very confusing as to the legal obligations I must undertake to make this job offer viable.

Please help me!


Thank you,


Richard/Gandhi!

 

[scylla]

You're correct. Your employer needs to secure an approved LMIA and then you will need to apply for a work permit (even if you're not being paid). The LMIA process takes time (I would budget 3-5 months) - so have your employer start now if you're serious about pursuing this. Note that your employer will also have to pay a $1K fee for the LMIA. You should also be aware that it's very far from guaranteed that the LMIA will be approved. You should have a back up plan in the event you can't get a work permit and this placement opportunity doesn't work out.

 

[Gandhi]

You're correct. Your employer needs to secure an approved LMIA and then you will need to apply for a work permit (even if you're not being paid). The LMIA process takes time (I would budget 3-5 months) - so have your employer start now if you're serious about pursuing this. Note that your employer will also have to pay a $1K fee for the LMIA. You should also be aware that it's very far from guaranteed that the LMIA will be approved. You should have a back up plan in the event you can't get a work permit and this placement opportunity doesn't work out.

Thank you for your response. My God, that is an insane price to pay - it's a family business, and start-up at that!

I think the only other solution then is detailed on the CIC website as "Determine your eligibility—Visit on business".

It wouldn't be false, as my idea behind this 12 month placement was to be split between London and BC anyway, but this would make it a legal requirement that it only be up to 6 months. I would train under his business with the intention of taking his business abroad for the remaining 6 months of my placement, completing the year in total.

This way I do not need a work permit, just a standard VISA and he could avoid having to get an LMIA.

The only thing stopping this from working is my university if they do not agree to it, unless you can spot any other problem this may entail?

 

[scylla]

You can't use a business visa for a placement. You need a work permit. There is no avoiding the LMIA if you want to do your placement in Canada. If you're not willing to go through the LMIA process, then you should start looking for a new placement.

 

[Gandhi]

You can't use a business visa for a placement. You need a work permit. There is no avoiding the LMIA if you want to do your placement in Canada. If you're not willing to go through the LMIA process, then you should start looking for a new placement.

I think I can; please let me explain. The whole purpose, besides it being a work placement as far as my university sees it, IS so I can gain valuable experience over 6 months that I can then utilise to expand the business overseas (back in the U.K.). It is not a lie; to my uni it encompasses part of my work placement, but in practise it is about me gaining skills as my registered business operates under his. On returning to the UK I will be using the knowledge gained to further his interests abroad.

Surely then, I fit the description listed under the aforementioned page?

 

[scylla]

I understand what the purpose of a work placement is. This doesn't change my answer.

If you were already employed by a company in Canada and that company was sending you to Canada for business short-term, or if you had your own business in your home country and were coming to Canada short-term for the purposes of furthering your business - then you would apply under a business visa. Your scenario doesn't qualify. You will be entering the Canadian labour market (even though you will be unpaid) and do not have a place of business outdie of Canada - and therefore need a work permit:

http://www.cic.gc.ca/english/visit/business-who.asp

 

[Gandhi]

I understand what the purpose of a work placement is. This doesn't change my answer.

If you were already employed by a company in Canada and that company was sending you to Canada for business short-term, or if you had your own business in your home country and were coming to Canada short-term for the purposes of furthering your business - then you would apply under a business visa. Your scenario doesn't qualify. You will be entering the Canadian labour market (even though you will be unpaid) and do not have a place of business outdie of Canada - and therefore need a work permit:

<SNIP>

Hey Scylla, I think you've misunderstood me. Please let me explain my situation in a different way.

I am a student with the opportunity to go on a year placement - yes.

BUT I am also the owner of a registered business working in cooperation with this Canadian business to bring their product to the UK market.

That is how I got the President of the business to agree to a work placement in the first place!

Seeing a lack of skill on my part however, it made sense to me that I should connect the two by splitting my year placement so that in 6 months I could work and train under the Canadian business, before bringing its product to the UK market in the remaining 6 months.

I was going to do this in the form of a work visa, but that has become apparent that it will be very difficult to obtain this.

However, the business visa - as you described - matches my original intention for pursuing this placement in the first place.


So it is BOTH a work placement (as per my university) AND a venture/business trip to further both my own and the Canadian's business.

That is why, SURELY, I can go for the business route instead???