Working in Canada
You are considering working in Canada?
Good news: the country is full of job opportunities!
However, it is important to note that, besides Canadian citizens and permanent residents, the vast majority of people who wish to work in Canada need a work permit. This permit can be “closed” (restricted to a specific employer) or “open” (allowing you to work for any employer in Canada).
In line with our commitment to providing comprehensive service, our assistance goes beyond the legal aspects of the process.
For example, we can help you with:
- Translating your CV to French and/or English
- Optimizing your CV
- Preparing you for a potential interview with a Canadian employer
- Understanding how to find suitable accommodation and, if desired, making minimal preparations for your arrival
- Helping you obtain essential items to ensure your quality of life in Canada
- Any other integration steps that may facilitate your arrival and settlement in Canada (or direct you to third-party resources if we cannot meet your needs)
Immigration Programs for Work
Canada and its provinces offer a significant number of programs that could allow you to work in Canada. Given the variety of programs available, it can be easy to feel overwhelmed. However, to maximize your chances of success, it is crucial to understand which program is most suitable for you. Depending on your particular situation and aspirations, Giroux Canadian Immigration can guide you toward the program most likely to help you achieve your goals.
Here is a non-exhaustive summary of these programs:
Express Entry
The Express Entry program is a candidate selection system by the federal government of Canada. It is aimed at skilled workers who wish to immigrate to Canada permanently.
As the name suggests, the advantage of the Express Entry program is its speed. It is an electronic process with online submissions. Processing times are usually faster (around 6 months on average).
Three immigration programs are managed under Express Entry:
This program is for people with skilled work experience in Canada who wish to become permanent residents.
The candidate must have accumulated at least one year of skilled work experience (or its part-time equivalent) in Canada in the three years prior to the application. Self-employment and student work experience do not count toward meeting the minimum requirements of this program.
The candidate must also demonstrate that their language skills meet the minimum requirements set by the government.
This program is for people with skilled work experience, either in Canada or abroad, who wish to become permanent residents of Canada.
The candidate must have accumulated at least one year of skilled work experience (or its part-time equivalent) in Canada or abroad in the ten years prior to the application. The experience must have been acquired in the same type of job used to submit the immigration application. Student work experience may be considered to meet the minimum requirements of this program if certain conditions are met.
The candidate must also demonstrate that their language skills meet the minimum requirements set by the government.
This program is for people skilled in a specialized trade who wish to become permanent residents of Canada. The candidate must have accumulated at least two years of full-time experience (or its part-time equivalent) in a specialized trade in the five years prior to the application, as defined by the government. The candidate must also have:
- A full-time job offer for a total period of at least one year; or
- A certificate of qualification that confirms the candidate's qualification to work in a specific specialized trade in Canada.
Lastly, the candidate must demonstrate that their language skills meet the minimum requirements set by the government.
- Their age;
- Their level of education;
- Their work experience (in Canada and/or abroad, as applicable);
- Their language skills (in French and/or English); and
- Whether or not they have a job offer.
To apply through the Express Entry program, the candidate must meet the eligibility criteria of one of the three programs mentioned above. If eligible for one of these programs, the candidate can also apply through the Express Entry program for the Provincial Nominee Program. Their application could then be enhanced, and the government could invite the candidate to apply for immigration more quickly.
Immigrating as a Provincial Nominee
Each province and territory, except Quebec and Nunavut, has its own immigration programs aimed at specific groups of potential candidates. These regions set their own program criteria.
A worker who wishes to move permanently to Canada can immigrate as a provincial nominee if:
- They possess the skills, training, and experience required to contribute to the economic growth of a particular province or territory
- They intend to reside in that province or territory
- They wish to become a permanent resident of Canada.
The application process may or may not go through the Express Entry system.
Working in Quebec
The governments of Quebec and Canada have a special agreement on immigration to Quebec. Consequently, Quebec has its own immigration programs and its own rules for identifying and selecting potential immigrants who can easily adapt to life in Quebec.
Here is a non-exhaustive summary of Quebec’s work programs:
This program is for skilled individuals who wish to immigrate to Quebec permanently for work. To qualify, the candidate must have education and professional skills that facilitate their integration into the Quebec labor market. However, the Quebec government will also consider other characteristics of the candidate, including:
- Language proficiency;
- Age;
- Spouse's characteristics (if applicable); and
- Presence of children.
To be eligible for this program, the candidate must first submit a declaration of interest to immigrate to Quebec for work. Anyone over 18 years old who intends to reside in Quebec and work in a job they can perform can submit such a declaration of interest. The candidate's declaration of interest will be entered into a pool of declarations of interest. If the Quebec government considers the candidate's profile to match Quebec's needs and that the candidate has good potential for integration into the francophone society, it will invite the candidate to submit a permanent selection application. The candidate will usually receive a decision from Quebec authorities within 6 months of submitting their permanent residence application and supporting documentation.
This program is for foreign temporary workers and foreign students who graduated from Quebec. It allows the candidate to obtain a Quebec selection certificate with the goal of settling in Quebec permanently. Some selection conditions are specific to the candidate's particular situation. However, some conditions are the same for both foreign temporary workers and foreign students who graduated from Quebec. In both cases, the candidate must:
- Be over 18 years old;
- Intend to settle in Quebec to work for an employer over whom they will not exercise control;
- Possess language skills that meet the government's requirements;
- Be legally present in Quebec at the time of application; and
- Demonstrate their financial self-sufficiency.
Both foreign temporary workers and foreign students may be required to undergo an interview to verify the accuracy of the information provided in their permanent selection application. Their accompanying spouse may, under certain conditions, obtain an open work permit to work in Quebec. However, the accompanying spouse must also possess language skills that meet the government's requirements. The candidate will usually receive a decision from Quebec authorities within 6 months of submitting their permanent selection application and supporting documentation. The selected candidate will then receive a Quebec selection certificate, after which they must submit a permanent residence application with the federal government or apply for a job-specific work permit exempt from the labor market impact assessment requirement. If the federal government approves either of these applications, the candidate's status will change from "temporary" to "permanent."
Importance of Legal Compliance
Regardless of your professional goals in Canada, it is crucial to strictly comply with applicable Canadian legislation. Non-compliance with the law can have very serious consequences for both the Canadian employer and the foreign worker.
For the Canadian employer, these consequences could include a maximum fine of one hundred thousand (100,000.00) dollars and/or a maximum prison sentence of five years. Generally, the nature and severity of the infraction affect the severity of the penalty. For example, an employer who has deliberately lied to Canadian authorities to facilitate the arrival of a foreign worker will typically receive a harsher penalty than an employer who did not take all necessary measures to prevent the infraction.
As for the foreign worker who has violated Canadian immigration law, they will become immediately inadmissible to the country. Specifically, the worker will be subject to an exclusion order; the Canadian government will deport them. To return to Canada, they must request and obtain special authorization from Canadian authorities or wait a minimum of twelve months. Additionally, if the Canadian authorities cover the deportation costs, the foreign worker must reimburse these expenses.
