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Ontario|Immigration LawGeneral Information 659 Who can work temporarily in Canada? If you are not a Canadian citizen or a permanent resident, then you are not automatically entitled to work in Canada. To work in Canada, foreign workers must be covered under the North American Free Trade Agreement (NAFTA), or they must have a document called an Employment Authorization from a Canada Employment Centre. An Employment Authorization gives workers permission to work at a specific job, for a specific period of time, for a specific employer. It is illegal for someone who is not a Canadian citizen or a permanent resident to work in Canada without an Employment Authorization or without special permission under NAFTA. It is also illegal for an employer to hire someone who does not have an Employment Authorization.
Special rules apply to business workers under the North American Free Trade Agreement. Business persons who are citizens of the United States or Mexico can enter Canada on a temporary basis to trade goods, provide services, or participate in investment activities. Business persons will be asked to show proof of their citizenship, and they must qualify in one of four categories of business persons. The four categories are: business visitors, professionals, intra-company transferees, and traders and investors. More information about the immigration rules for business workers is available on Legal Line .
- Employment Authorization
Workers who are not covered under NAFTA must apply for an Employment Authorization. The fee for an Employment Authorization is $150 per person, and it usually takes one month for an application to be reviewed and approved.
There are two steps to apply for an Employment Authorization. First, your employer must contact a Canada Employment Centre and provide details about the job. The employer must show the Canada Employment Centre that they made a reasonable effort to hire or train a Canadian, but a qualified worker was not available or could not be trained in time. The Canada Employment Centre will also want to see that the conditions of the position are attractive to Canadian workers, and that allowing a foreign worker to take the job will benefit Canada or the company. This process is called a "Validation of a Job Offer." However, Validations are not required for highly trained professionals such a Computer Programmers. Contact an Immigration lawyer to find out if a Validation is needed in your specific circumstances.
The second step in the Employment Authorization process is the approval of the employee. Employees will be contacted by a Canadian visa office. The employee may be asked to attend an interview or to send information by mail. The employee may also be asked to have a medical exam by a designated physician, which the employee will have to pay for. If the employee qualifies and has all the necessary documents, then they will receive an Employment Authorization.
Special employment rules apply to refugee claimants. Information about Employment Authorizations for refugees is available on Legal Line .
Visitors are generally not allowed to work while they are in Canada. If a visitor finds a job while they are in Canada, they will have to apply for an Employment Authorization at a Canadian government office outside the country. For assistance in applying to work in Canada, contact an Immigration lawyer.
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