If you are a foreign national who wishes to work in Canada, you may need a work permit. A work permit grants you the status to remain in Canada and offers you the following benefits:
1. You may receive some government benefits such as health insurance.
2. Your qualified work experience may be helpful for your permanent residency application.
3. Your spouse/common-law partner may be eligible for an open work permit.
For LGBTQ, a Canadian work permit will allow you to gain qualified experience that entitles you to permanent residency under the Canadian Experience Class program.
LGBTQ Work in Canada with or without a work permit
There are situations where you may work in Canada without a work permit:
1. Eligible study permit holders who work on- or off-campus during school years and breaks,
2. Media crew and news reporters,
3. Crew members,
4. Business visitors,
5. Performing artist,
In all other cases, you will likely need a work permit as long as you enter the labour market and earn a salary.
Types of work permit in Canada
There are two types of work permits in Canada: an employer- and/or occupation-specified work permit and an open work permit. An open work permit allows you to work for any employer in any occupation.
Work in Canada
You may apply for a work permit through one of the following programs:
1. Temporary Foreign Worker Program,
2. Post-Graduate Work Permit (PGWP),
3. International Experience Canada (IEC),
4. Spouse or Common-Law Partner Open Work Permit,
5. Accompanying Family Member Open Work Permit,
6. Bridging Open Work Permit,
7. Canada United States Mexico Agreement (CUSMA, formerly known as the NAFTA) Work Permit,
8. Refugee and protected person claimants and their family members.
Furthermore, if you apply for a work permit under the Temporary Foreign Worker Program, your employer must first obtain a positive Labour Market Impact Assessment (LMIA).
Where you may apply for a work permit
You may apply for a work permit either in or outside Canada. If you are applying for a work permit in Canada, you must have already held a valid work permit, study permit, or been a refugee claimant. Please note that you cannot apply for a work permit while in Canada as a visitor
Further, people from certain countries of origin may apply for a work permit at the Port of Entry (POE), such as American and Mexican citizens.
Generally speaking, you must meet the following requirements for a work permit:
1. You have enough money to support yourself and accompanying family member(s),
2. You have received a valid job offer,
3. Your employer has received a positive LMIA, if applicable,
4. You are admissible to Canada (i.e., criminal background, health, etc.), and
5. You meet other country-specific requirements.
You may also apply to extend your work permit provided the conditions remain the same. If your work permit is supported by an LMIA, you will need a new LMIA for your extension application.
For LGBTQ who cannot apply for a Canadian work permit, they may consider the Federal Skilled Worker program for permanent resident status.
Canadian work permit for LGBTQ and dual intent
Dual intent refers to when you apply for a work permit, you also present the desire of becoming a Canadian permanent resident.
Having dual intent does not necessarily lead to a refusal decision. However, it is problematic when you show your intent to work in Canada is not genuine.
Some people might find themselves eligible for a work permit and admissible to Canada but still receive a refusal decision. The reason could be dual intent.
Therefore, if you present dual intent, you need to address it properly.
What we can do to help LGBTQ get a Canadian work permit
To successfully apply for a work permit, you shall ensure that you meet all the eligibility requirements and carefully address any potential inadmissibility issues.
We personalize our services for you based on the information and circumstances of your application, which may include any of the followings:
1. Help you determine whether you are eligible for a work permit,
2. If you are not eligible at the time you retain us, we will provide you with advice as to how to meet the eligibility requirements,
3. Help you identify potential inadmissibility issues and address them properly,
4. Help you gather the supporting documents required for your application. If the supporting documents are not available, we will provide you with advice as to how to preserve them,
5. Provide other advice and instructions as needed, and
6. Complete, prepare, organize, and submit your application on your behalf.
Book an appointment for an initial assessment today or contact us directly.