Business Immigration: Work Permits, Hiring Temporary Foreign Workers and Intra-Company Transfers
Our immigration lawyers have years of experience working with business people, caregivers, agriculture workers, students, and more, and we fully understand the legal requirements for each unique situation. We will work with you to gather all the relevant documentation, quickly and thoroughly, so as to ensure that the best outcome may be achieved in time.
Boghossian Morais LLP works with foreign nationals concerning business immigration who wish to obtain authorization to legally work in Canada as temporary workers on a valid issued work permit.
Work permits are generally required for foreign nationals who are working in Canada on a temporary basis, oftentimes easing skill shortages.
Broadly, in order to obtain a work permit, you must satisfy specific requirements related to the worker class (some exceptions may apply), and the processing time will depend on the type of work permit and the respective process to obtain it.
Open and Employer-specific Work Permits
There are two categories of work permits issued by Immigration Refugees and Citizenship Canada (IRCC): an open work permit and an employer-specific work permit.
An open work permit allows a foreign national to work for any company, in any position – it is not restricted to a specific job or employer. There are however limited categories of foreign nationals who may have access to an open work permit.
Conversely, employer-specific work permits are restricted to a particular employer to whom the foreign national may work in a particular type of occupation.
Our immigration lawyers are well-versed in the applicable laws, rules, and regulations of each type of work permit and will provide sound legal advice and guidance by:
assessing your situation and determining the best work permit options;
helping you put together a complete application with all pertinent documentation; and,
writing submissions and communicating with IRCC on your behalf.
Hiring Temporary Foreign Workers after a positive Labour Market Impact Assessment (LMIA)
Certain employers may not need to apply for a Labour Market Impact Assessment (LMIA) before hiring a foreign national (LMIA-exempt); however, in general, if they would like to hire a foreign national to temporarily work in Canada, either in the high-wage or low-wage positions, they will need to obtain a positive LMIA and eventually present a transition plan to reduce their reliance on foreign workers.
Essentially, a LMIA requires employers to demonstrate that the worker is needed for their business and that they are unable to find suitable candidates amongst Canadian citizens and/or permanent residents of Canada.
If you are an employer and/or a foreign national who requires assistance in preparing a LMIA application, including submissions, our immigration lawyers at Boghossian Morais LLP has the experience you need.
Intra-Company Transfer Work Permits
Qualified foreign workers who have been working for a foreign company affiliated with a Canadian company may apply to temporarily work in Canada as an intra-company transferee whenever they are being transferred to Canada for the purpose of enhancing Canadian interests and/or bringing significant benefit to Canada.
This stream requires, among other things, the Canadian and foreign company to prove their affiliation, and that the intra-company transferee has at least one year of qualifying work experience within a three-year period immediately before the date of the application and has specialized knowledge of the company’s products and services.
Reach out directly and one of our experienced immigration lawyers at Boghossian Morais LLP and they will be pleased to answer your questions and help you get going in the right direction.