Canada Employment Agreement: how to proceed

Many want to get an employment agreement in Canada and start the visa process. But do you know how the visa process works?

How to work legally in Canada?

Canada is a country that attracts many Brazilians for its high quality of life, lush landscapes, and for being one of the countries that have incentive policies to attract immigrants to their lands. As a result, the lack of labor in Canada has provided many opportunities for those who want to live outside Brazil.

There are a few ways to immigrate to Canada – already covered in another post – in this case, we will focus on the employment agreements in Canada. There are two ways to work legally in the country: getting a job in Canada or being transferred by a company.

In short, the process is quite simple: just getting a Canada Employment Agreement with a local company. However, the whole process, from contract to relocation to the country requires a lot of bureaucracy and attention. It is, therefore, essential to be aware of this process before you begin.

Getting  an Employment Agreement

In resume, it all starts with the hiring processes. These jobs offer often advertised on platforms such as Linkedin, Canadian vacancy sites, or nominations.

If, after the process, you are chosen and get the job by letter of invitation, you will be able to apply for a visa. In some cases, the Canadian company carries out the entire visa process. However, there are cases where the employer himself has to file the process – the company only offers the job.

I got an Employment Agreement – what now?

The Employment Agreement at hand allows you to initiate the Canadian work visa process. A crucial step – and before the visa process – is to analyze the contractual clauses. We have discussed the subject in another post, but it is worth remembering to read the terms of the contract carefully.

It is the employment agreement that will dictate all obligations and duties, fines, employment, deadlines, termination, salary, among other points. It is of paramount importance to review the contract so as not to have future problems with the contractor – and always be aware of local laws.

After reviewing the contract, it is time to start the visa process. Remember: the process can be performed by the company or the future employee – depending on the arrangement with the Canadian company. If you are the employee starting the visa, be aware that the company will need to do the LMIA with the Canadian government before you apply for the visa.

What is LMIA?

The Labor Market Impact Assesment (LMIA) is a process applied by the Canadian government in which Employment and Social Development (ESDC) checks the labor market. The ESDC is responsible for assessing whether the labor supply to a foreigner will not adversely affect the Canadian labor market. In other words, whether or not there are Canadians fit for that particular job – always seeking to protect their citizens.

If there is a need to apply for LMIA, the company will be required to provide a lot of  information about the job, such as:

• Disclose the job offer in large media for 4 weeks (minimum);
• Inform the number of Canadians and permanent residents who applied for the job; and
• Inform how many locals were interviewed.

Thereby, it needs to prove to the province that the company did not find a local candidate for the position. Thus, it is a complex process that demands costs for the company.

In some cases, there is a possibility that the company does not need to issue the LMIA. The government has a list of codes and work visas that do not need to file the process. Only the job offer is required to apply for the visa through the site. In this case, it is interesting to ask the opinion of the International Mobility Workers Unit to verify that the LMIA is exempt from this situation and to avoid any mismatch of information.

Once the company submits all documentation to the ESDC, the deadline for the LMIA answer is 10 to 16 weeks. Only after approved can the applicant apply for the work visa.

The Canadian Work Visa Process

Lastly, with the employment agreement reviewed and the LMIA issued, it is time to apply for a work visa – also known as a work permit. The visa is applied by the official Canadian website and requires a lot of documentation. Once all forms have been completed, and due documents have been submitted, the average time to get the visa process is 60 days. However, this time may vary considerably because of demand or other additional documents required by the government.

First of all, you need to fill out the form stating your goals in the country, why you chose Canada, your qualifications, and personal details. Secondly, you need to separate the documents listed below, translate to English with sworn translation and submit via the site.

• Copy of ID;
• Photo 3×5;
• Copy of the last three proofs of income;
• Bank statement;
• Employment Agreement and LMIA;
• Copy of valid passport – including the page with information and stamps.

In the work permit, there is the possibility of the government request more forms and documents, which can vary from case to case. Besides, there is also a fee of R$ 465.00 (depending on currency conversion on the day) to issue the visa that must be paid when you start the process.

Additionally, if you are married and have children under 22, you can start the process together as dependents and attach all required documentation to each family member. By the way, a work permit allows your spouse to get Open Work Permit, meaning you have permission to work full time for the duration of your visa.

Finally, to learn more about work permits, forms, and documentation, or Open Work Permit, please contact us and request advice.