The Temporary Worker Visa is probably the quickest, yet most difficult method of being granted a Canadian Visa. Without exception I feel that the best chance you will have of being accepted through this channel is with professional help in the form of a CSIC registered Immigration Consultant.
Please be aware that though the Temporary Workers Visa allows you to legally work in Canada, it does NOT come with any guarantee of permanent residency. Any permanent residency has to be applied for separately (normally under the skilled worker program) thoughit may be accelerated due to the temporary status.
We are proud to be able to recommend Phil Mooney (a member of the Canadian Society of Immigration Consultants CSIC and the President of the Canadian Association of Professional Immigration Consultants CAPIC) and the experienced team at CanAm Immigration. For your FREE, no obligation assessment of eligibility you can contact Phil for expert and trustworthy service using the Form at the base of the page.
There are some special exceptions, but generally you must have a Temporary Worker Visa if you wish to work in Canada and don't have resident status.
There are three steps you must follow before you can apply for a Temporary worker visa:
1. You must get an official job offer from an employer. This part is totally handled by the employer who will need to have an LMO completed and ratified by HRSDC (step 2). The offer of employment must include the job title for the job you are offering, a full description of the job, listing duties and responsibilities, a list of education, skills and experience that workers must have for the job ,details of the salary you are offering, including wages and other forms of payment (for example: room and board or commission).
Remember that HRSDC will check that the wages and working conditions that are offered are consistent with the Canadian labour market. This is important for your own protection so that exploitation of foreign workers can be avoided.
2. Human Resources and Skills Development Canada (HRSDC) must provide a confirmation of your job offer. A number of factors are investigated: they will check to see if the position could be filled by a Canadian or permanent resident, if the working conditions and wages are appropriate and if it would prove beneficial to Canadian job seekers. This part of the Visa application is handled by the employer who will need to go through a four step process to meet the requirements to prove everything is on order.
3. Once HRDC confirms that a foreign national can fill the job, you can then apply for the Temporary Worker Visa.
Depending upon your official country of residence/nationality you may also require a Temporary Residence Visa (TRV) in conjunction with your Temporary Worker Visa to allow you entry into Canada.
A medical examination may be necessary dependant upon the length of your visa (under 6 months generally don’t need one), the occupation you intend to work in and/or the country you are moving from. If you will be working in health care or sciences, as a teacher, in a day nursery, as a domestic or home care giver then you will most likely have to have an examination. This will be entirely at your expense and will have to be performed by a designated Medical practitioner to be valid.
The Visa you receive is only for the holder – this does not entitle your spouse or any dependants to work as they will have to apply for their own. Your spouse (husband, wife or common-law partner) may qualify for their own work permit without having a labour market opinion (LMO) from Human Resources and Social Development Canada (HRSDC). This is provided that your permit is for greater than 6 months duration and that the employment you are taking meets a minimum skill level (O, A or B on the NOC list).
If you meet these two requirements, your spouse may apply for a work permit that is “open” and that will allow them to accept any job. Your spouse’s permit will be valid for the same period as your authorization to work in Canada.
Please be aware that although a spousal permit can be applied for it may come with severe restrictions on the kind of employment that your spouse can be employed in. Also, any dependants under the age of 18 may not be able to work even part time jobs without their own permit and if they turn 18 during the term of your Visa they will require their own TRV to stay in Canada legally.
This should be addressed in plenty of time!!!!
If your actual job changes, change the conditions of your stay, the length of time to complete the work is longer than anticipated or you need to change jobs /employer then you will have to apply for permission.
As a foot note, several friends of ours have been granted a 2 year Temporary Worker Visa after about 3 - 5 months so it can be done! An Immigration professional was instrumental in this as the legal requirements are very strict.
If you wish to check application processing times please click the link to the CIC website. Once there, navigate through the options depending on where your application is being processed and the type of visa you are applying for.
Click Here for CIC Processing Times!!
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