In general, an individual cannot apply for a work permit once already on Canadian soil. It is advisable to apply for a work permit before coming to Canada. However, exceptions do exist, allowing certain visitors to apply after their arrival, notably if they fall into a specific category of the Temporary Foreign Worker Program, or if they have a valid job offer from a Canadian employer.
Working in Canada as a foreigner requires a clear understanding of the requirements set out by the Canadian government. Generally speaking, a visitor already in Canada cannot apply for a work permit from within Canadian territory. Indeed, the process is usually initiated before you enter Canada, unless you qualify for specific exceptions.
However, before discussing these exceptions, it's important to remember that a work permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that authorizes a foreign national to work legally in Canada. The application process generally involves obtaining a job offer from a Canadian employer (accompanied by a Labour Market Impact Assessment or LMIA if required) before submitting a work permit application to IRCC.
Exceptions to the rules
There are certain exceptions in which a visitor may apply for a work permit after arriving in Canada. These exceptions generally apply to specific categories of temporary foreign workers, international students who have completed their studies, and those who have a valid job offer from a Canadian employer.
The Temporary Foreign Worker Program (TFWP) is one such exception. Some TFWP workers may apply for a work permit after arriving in Canada. Workers eligible for this exception must meet certain conditions, and are generally those with a job offer in an occupation where there is a shortage of workers in Canada.
In addition, if you are an international student who has recently graduated from a Canadian post-secondary institution and you are eligible for the Post-Graduation Work Permit Program, you can also apply for a work permit after your arrival.
Finally, if you have a valid job offer from a Canadian employer, and the employer has obtained a positive Labour Market Impact Assessment (LMIA) for your position, you may be able to apply for a work permit on the spot.
Precautions to be taken
It is important to note that it is illegal to work in Canada without a proper work permit. Working without authorization can have serious consequences, including deportation from the country and a future ban on travel to Canada.
In conclusion, while the general rule is that a visitor cannot apply for a work permit once he or she has arrived in Canada, there are some exceptions. exceptions that may allow some people to do so. Nevertheless, it is strongly recommended that you apply for a work permit before arriving in Canada, to ensure that you are legally entitled to work in the country.
Use of an immigration consultant
The procedure for applying for a work permit can be complex, especially when it comes to exceptions. For this reason, it can be beneficial to consult a qualified immigration advisor. These professionals have in-depth knowledge of Canadian immigration law and can help navigate the application process to ensure the best chance of success. Contact our firm if you need help or assistance.
Other eligibility criteria for applying for a work permit from Canada
Source: IRCC website
Applying for a work permit from within Canada is a process that requires specific conditions. Individuals can only apply for a work permit from within Canada if :
- They already hold a valid study or work permit. This criterion allows those who already have legal status to stay and work in Canada to explore other employment opportunities.
- Their spouse or parents hold a valid work or study permit. This is designed to enable families to stay together when one member is working or studying in Canada.
- They are eligible for a post-graduation work permit and still hold a valid study permit. This exception is specifically for international students who wish to stay and work in Canada after completing their studies.
- They are in possession of a temporary residence permit valid for six months or more. This gives individuals with temporary status the opportunity to seek employment and remain in Canada.
- They are awaiting a decision on an application for permanent residence from within Canada. This exception allows those who aspire to become permanent residents to start working while they await a decision.
- They have made a refugee claim or have been recognized as refugees or protected persons by the Immigration and Refugee Board of Canada.
- They are allowed to work in Canada without a work permit, but must obtain a permit for other employment. Business visitors are not included in this exception.
- They are traders, investors, intra-company transferees or professionals affected by the Canada-Mexico Free Trade Agreement (CMEFA).
It is essential to note that these criteria are specific and must be met to be eligible to apply for a work permit from within Canada. If you do not meet any of these criteria, you will probably have to apply before entering Canada.
Conclusion
In short, while the general rule is that a visitor cannot apply for a work permit once on Canadian soil, certain exceptions may allow this action for some people. However, even if you meet these criteria, it's advisable not to rely on these exceptions and to apply for a work permit before you arrive.
Canada's immigration laws are designed to protect the Canadian labor market, while allowing foreign workers to come and work in Canada when necessary. That's why it's crucial to follow all the rules and procedures when applying for a work permit. Failure to do so can have serious consequences, including a ban on working or even visiting Canada in the future.
Consulting a qualified professional or competent organization to help you with this process is always a good idea. This will ensure compliance with all rules and regulations, making the process run more smoothly.
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