Canadian Employers: 5 Tips for a Successful Work Permit Application – Work Visa

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There are a number of complex applications for a work permit in Canada, but there are simple things that can be done to strengthen any application. Here are 5 tips to ensure your work permit application is approved:

1. Submit all required documents and forms

Immigration, Refugees and Canadian CitizenshipThe Document Checklists (IRCC) provide a list of forms and documents that must be submitted with the work permit application. Required documents may include, but are not limited to, relevant application forms, current passports or travel documents, digital photographs, proof of available funds and proof that the employee meets the requirements of the job offered.

In almost all cases, it is important that the employee has a valid passport or travel document with a reasonable period of validity, so that once the work permit application is approved, it will be valid until the end of the validity period on the passport or travel document. If the validity of the passport expires before the validity date of the work permit, the duration of the work permit will be tied to the date of expiration of the passport.

Did you know that there are different checklists of required documents depending on the employee’s country of origin and type of work permit? It is important to follow both the general document checklist and the country-specific checklist. Keeping this in mind when applying will ensure that you do not miss any required items in your application, which would lead to unnecessary delays.

2. Determine the type of work permit you need

Before submitting an application or work permit, it is important to determine the type of work permit that is required based on the type of work as well as the credentials and work experience of the employee. In some cases, an employee may be entitled to a work permit based on a trade agreement. For example, if the employee is American or Mexican, an agreement between the United States, Mexico and Canada may provide an efficient way to obtain a Canadian work permit. In other cases where an employee worked for a company outside of Canada and is transferred to Canada, an intra-company transfer may be the way to proceed. International Experience Canada work permit and Francophone Mobility work permit can be another very good option to hire a foreign worker in Canada. In other cases, a Canadian employer may apply for a work permit based on a Labor Market Impact Assessment (LMIA).

3. Show that the employee has sufficient funds to support their stay

Evidence will need to be provided to demonstrate that the employee has sufficient financial resources to support themselves while living and working in Canada. The following items should be included in the application:

  • 3 months of bank statements;

  • 3 recent country reports; and

  • recent letter from employer confirming employment and salary.

4. Disclosure of Previous Refusals and Other Inadmissibility Issues

When filling out the work permit application, the employee will have to answer whether they have already had their immigration applications denied. It is important that the employee discloses all details of any previous refusal, even if the details of the refusal, such as the date of refusal, are known. Failure to disclose any prior denial of any type of immigration application may result in subsequent denials based on misrepresentation, whether intentional or not. Refusal based on a false statement is a serious decision and may result in you being denied entry to Canada.

If an employee is criminally inadmissible to Canada (or any other country), whether they have been charged, convicted or investigated for a criminal offence, they must indicate this in their application. In many cases, criminal inadmissibility to Canada can be overcome by applying for a temporary residence permit and may not be a bar to entering Canada. It is also important that the employee was not medically unfit when applying for a work permit, that is, he did not have any illness that would burden the Canadian health care system. Medical inadmissibility issues can be resolved with a doctor’s note, obtaining health insurance that coincides with your trip to Canada, or providing a preliminary medical examination at an IRCC-designated panel physician’s office.

5. The employee should not perform unauthorized work

This is basic Canadian immigration 101: if your employee does not have a valid Canadian work permit, they cannot work. If a foreign national performs unauthorized work, there can be serious consequences, such as inadmissibility orders, which can result in a deportation order and potentially a ban from reapplying and re-entering Canada for any reason in the future.

The content of this article is intended to provide a general guide to the issue. Professional advice should be sought regarding your particular situation.

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