VISANOW draws on years of legal and international immigration experience around the world, allowing our multi-lingual global immigration team to help you jump-start your immigration process. Our attorneys distinguish themselves by partnering with you to explain and work through complex country requirements via a transparent process and by making recommendations to get you in-country sooner.
Labor Market Opinion (LMO)
As a general rule, Canadian employers seeking to temporarily hire a foreign worker must first obtain an individual labour market opinion (“LMO”) from Human Resources and Skills Development Canada/Service Canada (“HRSDC/Service Canada”) before the foreign national will be permitted to apply for a work permit. There are, however, several exemptions from the LMO requirement. Where available, it is preferable to utilize one of these exemptions in an effort to bypass the individual LMO requirement.
Canadian employers are exempt from the LMO requirement under the following categories:
- Workers covered under international treaty agreements
- Entrepreneurs and intra-company transferees
- Participants in exchange programs
- Co-op students
- Academics and students
- Religious Workers
Intra Company Transfer
This category requires a work permit, however, a labor market opinion is not required. To qualify, the following must be established:
- A qualifying relationship must exist between the Canadian company and the company located abroad.
- The qualifying organization must be actively “doing business” in both Canada and the treaty country.
- The Canadian company must be a parent, subsidiary, or affiliate of the company located abroad.
- The alien must have at least one continuous year of employment with the company located abroad within the three-year period preceding the application for a work permit.
- The prior employment abroad and proposed employment in Canada must be in a managerial, executive, or specialized knowledge capacity.
International Treaty Agreements
These categories requires a work permit, however, a labor market opinion is not required.
North American Free Trade Act Agreement (NAFTA): Applies to citizens of Canada, United States, and Mexico. The agreement includes the four specific categories of business people: business visitors, professionals, intra-company transferees, trade and investors.
Canada-Chile Free Trade Agreement (CCFTA): Applies to Canadian and Chilean citizens. The agreement covers the four basic categories of business people: business visitors, professionals, intra-company transferees, trade and investors.
General Agreement on Trade in Services (GATS): Applies to more than 140 World Trade Organization member countries. The agreement applies to the three business categories: business visitors, professionals, and intra company transferees.
A Temporary Residence Visa is issued for business visitors who require a visa to enter Canada for the purpose of business (networking, client meetings, negotiating contracts, conferences, seminars). In some circumstances a Medical Examination is also required. To qualify as a business visitor you must show that you have a passport, be in good health, show that you have ties to your home country (such as job, home and family), show that you will leave Canada at the end of your trip, and have enough money to support your stay.
NOTE: Medical exams are not limited to TRVs so we might want to remove this line here. All applicants applying for all temporary or permanent visas need a need a medical examination if:
- You have resided or stayed temporarily for six or more consecutive months in a designated country or territory in the one year immediately preceding the date you sought entry into Canada. This applies even if you are a citizen of a country where you do not require a visa to enter Canada.
- You are coming to Canada to work in an occupation in which the protection of public health is essential. See Jobs for which you need a medical examination for more information.
A Student Visa is granted to applicants who have been accepted to a recognized school, university, or college in Canada. The applicant must also show that they have enough money to live and pay for their tuition, be a law-abiding citizen with no criminal record, and be in good health.
A Temporary Residence visa is issued for tourism visitors who require a visa to enter Canada for the purpose of tourism (visiting, site seeing). To qualify as a tourist visitor, you must have a valid passport, be in good health, show that you have ties to your home country (such as job, home and family), show that you will leave Canada at the end of your trip, and have enough money to support your stay.
In Canada, all immigrant categories (except family immigration) permit potential immigrants to sponsor themselves as landed immigrants.
Federal Skilled Worker
These cases are processed on the basis of the applicant’s individual skills and the likelihood that they will contribute to the Canadian economy. These applications are processed using the “points system”. Under this system, the applicant is awarded points based on various factors which assess his or her ability to make a positive contribution to Canada.
Effective June 26, 2010, only the following applications will be accepted under the Federal Skilled Worker Program:
a. Applications submitted with an Arranged Employment Offer (“AEO”) consistent with certain requirements; or
b. Applications from skilled workers with evidence of experience in the last 10 years under one or more of the following NOC codes:
- 0631 Restaurant and Food Service Managers
- 0811 Primary Production Managers (Except Agriculture)
- 1122 Professional Occupations in Business Services to Management
- 1233 Insurance Adjusters and Claims Examiners
- 2121 Biologists and Related Scientists
- 2151 Architects
- 3111 Specialist Physicians
- 3112 General Practitioners and Family Physicians
- 3113 Dentists
- 3131 Pharmacists
- 3142 Physiotherapists
- 3152 Registered Nurses
- 3215 Medical Radiation Technologists
- 3222 Dental Hygienists & Dental Therapists
- 3233 Licensed Practical Nurses
- 4151 Psychologists
- 4152 Social Workers
- 6241 Chefs
- 6242 Cooks
- 7215 Contractors and Supervisors, Carpentry Trades
- 7216 Contractors and Supervisors, Mechanic Trades
- 7241 Electricians (Except Industrial & Power System)
- 7242 Industrial Electricians
- 7251 Plumbers
- 7265 Welders & Related Machine Operators
- 7312 Heavy-Duty Equipment Mechanics
- 7371 Crane Operators
- 7372 Drillers & Blasters — Surface Mining, Quarrying & Construction
- 8222 Supervisors, Oil and Gas Drilling and Service
The following selection criteria are considered in a Federal Skilled Worker case:
- Arranged Employment
Provincial Nominee Program (PNP)
The PNP program enables provinces to to support the immigration of persons who have expressed an interest in settling in their province and who the province believes will be able to contribute to the economic development of that province in Canada.
Under the PNP, each province establishes its own selection criteria. Applicants who wish to immigrate to a specific province as a provincial nominee, must first apply to the province where they wish to settle. The province will consider the application based on their immigration needs and the applicant’s intention to settle there. If the applicant is approved, he or she will be given a provincial nomination certificate, which may be used to support an application for permanent residence.
We are currently updating the information for Canadian Citizenship. VISANOW can assist you with your application, please call us at 855-VISANOW (847-2669) to get the process started today.
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