How To Navigate Employment Eligibility In Canada

If you are considering working in Canada, there are a few things you should know. Firstly, you must determine your eligibility to work in the country. This may depend on your immigration status, citizenship, or whether you have a valid work permit. Canadian employers often require specific documentation, such as a Social Insurance Number (SIN), employment reference letters, identification documents, and proof that you are legally allowed to work in Canada. Understanding these requirements beforehand can streamline your job search and ensure a smooth transition into the Canadian job market.

Work permits and visas

To work in Canada, you must have a legal immigration status and a work permit. Permanent residents and Canadian citizens are exempt from this rule and do not need to apply for a work permit.

There are two types of work permits: open work permits and employer-specific work permits. An open work permit allows the worker to work for almost any employer in Canada. To be eligible for a Canadian work permit, you must meet the basic requirements, including proving that you will leave Canada after the work permit expires and that you will obey the laws and regulations while in Canada.

Canadian employers may require a Labour Market Impact Assessment (LMIA) before they can hire an international worker. However, as a US citizen, you may be eligible for an LMIA-exempt employer-specific work permit under the USMCA (formerly NAFTA).

In addition to a work permit, you will need a Social Insurance Number (SIN) to work in Canada, regardless of whether you are a temporary or permanent resident. You can obtain a SIN after arriving in Canada and share it with your employer within three days of starting your job. Most employers will also request employment reference letters, joining and resignation letters, pay stubs, or tax returns to verify your work experience. An Educational Credentials Assessment (ECA) may also be required to evaluate your educational credentials from another country and ensure they are valid and equivalent to Canadian credentials. Finally, your employer may ask for a copy of your passport or other government-issued identification to confirm your identity.

Immigration status

For those seeking to enter Canada specifically for employment purposes, there are two primary work permit options: an open work permit and an employer-specific work permit. An open work permit provides the freedom to work for almost any employer in Canada. In contrast, the latter is tied to a particular employer and may require a Labour Market Impact Assessment (LMIA) to be secured by the employer before hiring.

It is important to note that eligibility for a work permit in Canada does not equate to automatic entitlement. Applicants must meet basic requirements, including demonstrating their intention to leave Canada after the work permit expires and agreeing to abide by the country's laws and regulations during their stay.

Additionally, certain exemptions may apply based on citizenship. For instance, US citizens may be eligible for an LMIA-exempt employer-specific work permit under the USMCA (formerly NAFTA). Alternatively, they can opt for a student visa, which allows them to study and work in Canada without becoming permanent residents.

Regardless of the type of work permit, individuals will need specific documents to prove their eligibility to work in Canada. These may include a PR card, CoPR, work permit, or study permit. A Social Insurance Number (SIN) is also essential, and it must be obtained and shared with the employer within three days of starting employment.

Labour Market Impact Assessment (LMIA)

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact of hiring a foreign national in Canada. A Canadian employer must apply for an LMIA and can then hire a foreign national if there are no Canadian citizens or permanent residents to fill the position. The employer must submit a transition plan for how they intend to address the need to hire foreign nationals, as they are expected to eventually hire Canadian citizens. They must also submit evidence that they have made substantial efforts to recruit Canadian citizens and permanent residents to fill the position.

There are some exemptions to the need for an LMIA. For example, foreign nationals who are employees of a company outside of Canada may be eligible for an LMIA-exempt work permit to transfer to one of the company's locations within Canada. This is known as the intra-company transferee rule and applies to all countries. Additionally, the North American Free Trade Agreement (NAFTA) provides opportunities for citizens of the United States and Mexico to work in Canada without requiring an LMIA or a work permit. Similarly, the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) allows citizens of EU nations to work in Canada without an LMIA or a work permit.

Social Insurance Number (SIN)

To work in Canada or to receive benefits and services from government programs, you need a Social Insurance Number (SIN). This is a 9-digit number used as a file number, account number, or for data processing purposes. It is required for tax and social benefits purposes, and to access some government programs and benefits such as Employment Insurance (EI) and the Canada Pension Plan (CPP).

If you are a Canadian citizen, a permanent resident, or a temporary resident, you can apply for a SIN. Children aged 12 or older may apply for their own SIN, while those under 12 can have parents, legal guardians, or legal representatives apply for them. If you are under the age of majority in your province or territory, you must provide all the required documents when applying for a SIN. If you cannot, a representative must apply on your behalf.

You must provide your SIN to your employer no later than 3 days after your employment start date. However, this does not prevent you from working before receiving your SIN, and you can continue working while waiting for your SIN confirmation. Once you have applied, you can begin working in insurable employment. You can find your SIN on your income tax return, tax slips, record of employment, or RRSP contribution.

It is important to keep your SIN secure and prevent its unauthorized use. Avoid writing it down or carrying documents with your SIN unless necessary. Keep documents containing your SIN in a locked cabinet or safe, or on password-protected devices. Only provide your SIN when it is legally required.

Educational Credentials Assessment (ECA)

An Educational Credential Assessment (ECA) is used to evaluate degrees, diplomas, certificates, or other credentials earned outside of Canada. It verifies that your foreign credentials are valid and equivalent to Canadian credentials. This is necessary for immigration purposes, especially if you are applying for the Atlantic Immigration Program or the Federal Skilled Workers Program.

The ECA report will state what your foreign education is equivalent to in the Canadian education system. It is important to note that the ECA does not guarantee a job or a license to practice in a regulated profession. If you plan to work in a regulated profession, you must obtain a license in the province or territory where you intend to settle.

You can obtain an ECA from designated organizations or professional bodies recognized by Immigration, Refugees, and Citizenship Canada (IRCC). One such organization is World Education Services (WES), which is authorized to provide ECAs for immigration purposes. The Canadian Architectural Certification Board (CACB) and the Medical Council of Canada are other examples of designated professional bodies for specific occupations.

To earn points towards your immigration application, your ECA report must demonstrate that your foreign credential is equivalent to a completed Canadian secondary school (high school) or post-secondary credential. In most cases, you only need an assessment for your highest level of education. For instance, if you possess a Master's degree, only that degree requires an assessment.

Frequently asked questions