International recruitment requires that the foreign candidate must obtain a Canadian work permit to be eligible to work in Canada.
A Labour Market Impact Assessment (LMIA) is usually conducted prior to the work permit application to verify the legitimacy of a company and its actual labour shortage. Once the LMIA is approved, the work permit application can be submitted. Option-Recruitment assists both the employer and the foreign candidate in obtaining the necessary legal documents for each application.
Since an approved LMIA application does not mean that the work permit application will be granted, it is important to always have a plan B. Unlike an immigration consultant, a lawyer can intervene in the event of a work permit application denial for a foreign applicant and file an Application for Leave and for Judicial review This application will establish the refusal of the work permit and will prevent the foreign candidate from having to file a new application.
Our specialized lawyers will ensure that you have a Plan B by handling every step of the immigration process, including denied work permit applications.
The first step of an international recruitment application is usually the submission of the LMIA application, which can take up to 3 to 4 months from the time of receipt. The purpose of this study is to demonstrate that the company is legitimate and that it is truly in a labour shortage situation.
Depending on the circumstances, the company may be exempted from filing a LMIA application for hiring. Our lawyers and consultants will verify your eligibility to determine if a LMIA application is necessary.
Once the LMIA application is approved by ESDC Canada, it takes approximately 4 months to process the temporary foreign worker’s work permit. Please note that this processing time varies by country.
Please consult Obtaining a work permit in Canada | Riendeau Avocats (immigrationavocats.ca) for more information about obtaining a work permit.
Foreign applicants from the following countries can go to the Canadian Custom House without a visa and apply for a work permit directly at the border:
Andorra, Australia, Austria, Bahamas, Barbados, Belgium, Brazil*, Brunei, Darussalam, Bulgaria*, Chile, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea (Republic), Korea (Solomon Islands), Latvia, Solomon Islands, Spain, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, the Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, the Czech Republic, Romania*, San Marino, Samoa, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Sweden, Switzerland, the United Kingdom, and certain British territories.
*Since 2017, citizens of Brazil, Bulgaria, and Romania who have obtained a visitor’s visa within the last 10 years or currently hold a valid visa to the United States may travel to Canada using an eTA.