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Temporary Worker Visa
Immigration Canada defines work as
"any activity for which a person receives or might reasonably be
expected to receive valuable consideration." Thus, foreign
individuals may require Employment Authorizations even if they
intend to work in Canada without compensation.
Employment Authorization is
required if foreign worker is seeking to work temporarily in Canada.
An Employment Authorization is issued by Immigration Canada that
allows a foreign individual to work at a specific job for a specific
employer. Employment Authorizations are valid for a limited time --
usually one year. Immigration Canada may require applicants to
undergo medical examinations.
Employment Authorizations may not
be required if the proposed activities in Canada are beneficial to
Canada, regardless of the labor market conditions or unemployment
rates in Canada.
Job Offer Validation:
Immigration Canada normally
requires that the foreign workers has a firm job offer from a
Canadian employer prior to applying for an Employment Authorization.
Such a job offer may require the approval of the Canadian Human
Resources Development Center (this approval process is known as HRD
Validation). In general, Immigration Canada will not issue an
Employment Authorization without prior HRD Validation of a Job
Offer.
The rationale behind prior HRD
Validation of job offers is to ensure that Employment Authorizations
are granted only in circumstances where there will not be a negative
impact on the Canadian job market. The HRD Validation process thus
entails that the Canadian employer demonstrate that a "significant"
effort has been made to seek and hire a Canadian for the position in
which there is a petition for validation. It is also generally
necessary to establish that the temporary worker has special
abilities or skills, which are not easily found within Canada.
Generally, the procedure for obtaining HRD validation of job offers
is demanding and time-consuming.
Job Offer Validation Exemptions:
Fortunately, Immigration Canada provides exemptions to certain
categories of Job Offers from the requirement of prior HRD
Validation under the North American Free Trade Agreement (NAFTA),
General Agreement On Trade In Services (GATS) and for individuals
whose activities will provide significant benefit to Canada; and the
Pilot Project for Software Professionals and the Pilot Project for
Spouses of Highly-Skilled Temporary Workers.
Foreign workers are considered to
be Visitors in Canada. They must satisfy an Immigration Canada
official at the port of entry that the purpose of their entry into
Canada is of a temporary nature. |