Working in Alberta · a valid work permit to work in Canada. A work permit is a document that gives...

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Working in Alberta What international job seekers need to know about living and working in Alberta

Transcript of Working in Alberta · a valid work permit to work in Canada. A work permit is a document that gives...

Page 1: Working in Alberta · a valid work permit to work in Canada. A work permit is a document that gives you authorization to work in Canada. After you receive a copy of LMO confirmation

Working in AlbertaWhat international job seekers need to know about living and working in Alberta

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There are different ways you can come to Alberta. Below is an outline of programs available to come as a

temporary foreign worker or become a permanent resident.

Work Temporarily

Please note: This chart is a general outline of programs available.

Live Permanently

Temporary ForeignWorker Program

Get a job offer

Employer obtains a Labour Market Opinion

(LMO) if required

Apply for a work permit

Temporary Foreign Worker

Processing time varies from case to case

Alberta ImmigrantNominee Program (AINP)

Apply to AINP

AINP nominates

CIC checks admissibility

Permanent resident

Processing time varies from case to case

Citizenship andImmigration Canada

(CIC) Programs

Apply to CIC

CIC selects

CIC checks admissibility

Permanent resident

Processing time varies from case to case

Action taken by you

Action taken by your employer

Action taken by AINP

Action taken by CIC

Resulting Immigration Status

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Alberta’s opportunities, your future Alberta, Canada is a vibrant province filled with people who enjoy the freedom to create and

spirit to achieve. We are 661,000 square kilometres of spectacular natural beauty dotted with

centres of commerce and urban chic. More than 3.6 million people call Alberta home, many

of whom have brought their dreams, experiences and determination to succeed from other

countries. These migrants have helped us to build stronger, more diverse communities with an

exceptionally high standard of living.

Welcome to Alberta. This document details the steps you need to go through to work and live

in Alberta temporarily or permanently. We also encourage you to explore the province’s official

immigration website at www.AlbertaCanada.com/immigration, where you can find complementary

and current information on finding a job and immigrating to Alberta, Canada.

Content

Work Temporarily 4

Live Permanently 6

Frequently Asked Questions 8

About Recruiters and Immigration Consultants 10

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Work Temporarily

Please note: This chart is a general outline of programs available.

Live Permanently

Temporary ForeignWorker Program

Get a job offer

Employer obtains a Labour Market Opinion

(LMO) if required

Apply for a work permit

Temporary Foreign Worker

Processing time varies from case to case

Alberta ImmigrantNominee Program (AINP)

Apply to AINP

AINP nominates

CIC checks admissibility

Permanent resident

Processing time varies from case to case

Citizenship andImmigration Canada

(CIC) Programs

Apply to CIC

CIC selects

CIC checks admissibility

Permanent resident

Processing time varies from case to case

Action taken by you

Action taken by your employer

Action taken by AINP

Action taken by CIC

Resulting Immigration Status

Work Temporarily

Generally, foreign nationals work in Canada on a temporary basis through the Temporary Foreign Worker (TFW) Program. It allows Canadian employers who experience difficulty in recruiting Canadian citizens and permanent residents to hire foreign workers. Under the Program, international job seekers must follow the steps below to work in Alberta.

Step 1Get a job offerThe best way to begin looking for a job is to search job websites. Alberta’s Immigration website is an excellent starting point for an international job seeker to learn about how to find a job. Visit www.AlbertaCanada.com/immigration and click on ‘Working in Alberta’ for details on this and other job search topics.

It is important for you to understand how your occupation is classified in Canada. This classification determines the skill level of your occupation which is either skilled or semi-skilled.

The National Occupational Classification (NOC) system categorizes occupations in Canada into five skill levels: NOC 0, A, B, C and D. NOC 0, A and B level occupations are considered skilled occupations, and NOC C and D occupations are considered semi-skilled occupations. Visit www.hrsdc.gc.ca/noc for details.

Step 2Find out if the job requires licensing or certification In Alberta, some occupations are regulated and require a professional licence or certification. All individuals who wish to work in a regulated occupation must obtain the appropriate licence or certificate. Regulated occupations include health care professionals, engineers and trade occupations.

To become licensed or certified you may need to have your international qualifications and skills assessed or pass an examination. For more information on occupations that require licensing or certification, visit Alberta Learning Information Services at www.alis.alberta.ca/certinfo

Level Skilled occupations:

0 Management occupations

A Occupations that usually require university degrees

B Occupations that usually require college diplomas or trade/ apprentice training

Level Semi-skilled occupations:

C Occupations that usually require secondary/high school and/or occupation-specific training, or both

D Occupations that do not require formal education and employers provide on-the-job training

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Step 3Obtain a copy of Labour Market Opinion confirmation from your employer Generally, an employer needs approval from the Canadian government to hire a foreign worker. This approval is called a Labour Market Opinion (LMO) confirmation. An LMO is issued to an employer who can prove that hiring a foreign worker will have a positive or neutral effect on the Canadian labour market. An LMO outlines the conditions of your employment, such as wages and hours of work.

Once your employer receives an LMO confirmation, they must send you a copy of that document, along with a written job offer with details about the job: job title, description, education and work experience requirements. If the position is a semi-skilled occupation (NOC C or D) the employer must provide you with a copy of an employment contract. The contract must outline the employer’s additional responsibilities such as paying for your return transportation costs.

There are some situations where an LMO confirmation is not required. For more information on LMO exemptions, refer to the Frequently Asked Questions section on page 9 of this booklet.

Step 4Obtain a work permitIn most cases, a foreign national requires a valid work permit to work in Canada. A work permit is a document that gives you authorization to work in Canada.

After you receive a copy of LMO confirmation and a written job offer (and an employment contract, if the position is a semi-skilled occupation) from your employer, you should submit an application for a work permit. Generally, a work permit application must be submitted to a Citizenship and Immigration Canada (CIC) visa office outside of Canada.

When applying for a work permit, you must prove that you are qualified for the job and meet CIC’s requirements, which include health and security checks. An immigration medical examination may be required before coming to Canada. For information on immigration medical requirements visit www.cic.gc.ca/english/information/medical/medexams-temp.asp

For information on applying for work permits, including applications, instructions, and processing times visit www.cic.gc.ca/english/work/index.asp. The final decision to issue a work permit is made by CIC.

Step 5Come to Alberta and start workingWhen you receive a letter from the CIC visa office approving your work permit application, you are ready to pack your suitcases and come work in Alberta.

Moving to a new country is an exciting yet hectic time with many things to plan and organize. For information on housing, settlement services, banking, English language training, weather, health care and other things to consider when moving to Alberta visit www.AlbertaCanada.com/immigration/immigrate/checklists.html

The Temporary Foreign Worker Guide for Employees also provides useful information about working in Alberta. Topics include Alberta employment standards, workplace safety and support for temporary foreign workers. This publication is available in 11 languages and is available at www.employment.alberta.ca/immigration/145.html

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Employer-Driven StreamTo apply under this stream, you must have a permanent, full-time job offer with an Alberta employer. You and your Alberta employer apply together to the AINP. Often, applicants are already in Alberta as temporary foreign workers before they apply to the AINP.

Skilled workers• Includes occupations under the National Occupational Classification (NOC) skill levels 0, A or B. Candidates must provide evidence to demonstrate that they meet the required qualifications for the job (education and experience).

International graduates• Includes occupations under the NOC skill levels 0, A or B. Candidates must have graduated from a post-secondary institution in Canada, possess a post-graduate work permit and be working in their field of study.

Semi-skilled workers • Includes selected occupations under NOC skill levels C or D. Both employer and candidate must meet the eligibility criteria for the occupation in order to be considered. This criteria can be found on the AINP website at www.AlbertaCanada.com/ainp

Family Stream Under this option Alberta families can nominate an educated family member to immigrate to Alberta. The family member making the nomination takes on the responsibility of providing supports as the newcomer gets settled and finds a job. Both the Alberta relative and candidate should take the self-assessment and view the online tutorial on the AINP website to find out whether they qualify to submit an application. The tutorial can be accessed at www.AlbertaCanada.com/immigration/immigrate/ainpapplytutorial.html

Self-Employed Farmer Stream AINP can nominate farm owners and operators who intend to immigrate, purchase and manage a farming business in Alberta.

Alberta Immigrant Nominee Program (AINP)The Alberta Immigrant Nominee Program (AINP) is an immigration program administered by the Government of Alberta with Citizenship and Immigration Canada (CIC). Individuals who are nominated by the Province of Alberta, together with their spouse/common-law partner and dependent children, are eligible to apply for permanent residence through CIC. There are several different streams within the AINP.

Live Permanently Work Temporarily

Please note: This chart is a general outline of programs available.

Live Permanently

Temporary ForeignWorker Program

Get a job offer

Employer obtains a Labour Market Opinion

(LMO) if required

Apply for a work permit

Temporary Foreign Worker

Processing time varies from case to case

Alberta ImmigrantNominee Program (AINP)

Apply to AINP

AINP nominates

CIC checks admissibility

Permanent resident

Processing time varies from case to case

Citizenship andImmigration Canada

(CIC) Programs

Apply to CIC

CIC selects

CIC checks admissibility

Permanent resident

Processing time varies from case to case

Action taken by you

Action taken by your employer

Action taken by AINP

Action taken by CIC

Resulting Immigration Status

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Strategic Recruitment StreamEnables skilled individuals working in occupations in high demand in Alberta to apply directly to the AINP. There are three categories under this stream.

Compulsory Trades Category• Candidate must have completed the Qualification Certificate Program with Alberta Apprenticeship and Industry Training (AIT). The Qualification Certificate for their Compulsory Trade and letter of invitation to apply are both issued by AIT.

Engineering Occupations Category• Candidate must have education and training as an engineer, designer or drafter and have Alberta work experience in an eligible AINP engineering occupation.

U.S. Visa Holder Category • Candidate must be employed, have worked at least a year in the U.S. and hold a temporary work visa in a skilled occupation needed in Alberta.

For more information about the AINP streams, eligibility criteria and application instructions visit www.AlbertaCanada.com/ainp

Citizenship and Immigration Canada (CIC) ProgramsThe Government of Canada, through CIC offers immigration programs for skilled workers, business immigrants and family members of permanent residents. If you are interested in CIC’s immigration programs, you must apply directly to CIC. For more information visit www.cic.gc.ca.

Work Temporarily

Please note: This chart is a general outline of programs available.

Live Permanently

Temporary ForeignWorker Program

Get a job offer

Employer obtains a Labour Market Opinion

(LMO) if required

Apply for a work permit

Temporary Foreign Worker

Processing time varies from case to case

Alberta ImmigrantNominee Program (AINP)

Apply to AINP

AINP nominates

CIC checks admissibility

Permanent resident

Processing time varies from case to case

Citizenship andImmigration Canada

(CIC) Programs

Apply to CIC

CIC selects

CIC checks admissibility

Permanent resident

Processing time varies from case to case

Action taken by you

Action taken by your employer

Action taken by AINP

Action taken by CIC

Resulting Immigration Status

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What is a work permit?1. Generally, foreign nationals require a permit to work in Canada. All work permits have terms and conditions that a foreign worker must follow. They include:

You work for the employer whose • name is on the work permit.

You work at the location • indicated on the work permit.

You cannot stay in Canada longer • than the time stated on the work permit.

If you breach any of these terms • and conditions, you will be breaking the law.

Who decides whether or not to 2. issue my work permit?The Citizenship and Immigration Canada (CIC) officer who assesses your application makes the final decision on your work permit application.

How long does it take to process 3. my work permit application? Each Canadian visa office has different processing times for issuing work permits. For processing times visit CIC’s website at www.cic.gc.ca/english/information/times/index.asp

How long can I work in Canada? 4. A temporary foreign worker usually gets a work permit that is valid for the same length of time as their Labour Market Opinion (LMO).

What is the employer responsible 5. for when hiring semi-skilled (NOC C&D) workers? Employers who wish to hire foreign workers for semi-skilled occupations have additional responsibilities.

The employer must provide an employment contract to the foreign worker agreeing to the following:

To pay for the foreign workers’ • transportation costs from and back to the country of residence. These fees cannot be recovered from the foreign worker.

To provide medical coverage until • the foreign worker has provincial health insurance coverage.

To help the foreign worker find • a place to live that is suitable and affordable.

Can I extend my work permit?6. If your employer wishes to retain you as a temporary foreign worker beyond the term of your work permit, you must apply to extend your work permit with CIC. Your employer must apply for a new LMO and provide you with a new job offer. Once these documents are received, you must then submit a work permit extension application to CIC.

For more information visit www.cic.gc.ca/english/information/applications/extend-worker.asp

Frequently Asked Questions

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If I come to Alberta as a 7. temporary foreign worker, can I change employers?You can change employers provided you apply to CIC to change your work permit. In most cases, your new employer will have to provide you with an LMO before you can apply for a new work permit. You cannot start working for your new employer until you receive your new work permit from CIC.

For more information visit www.cic.gc.ca/english/information/applications/extend-worker.asp

What can I do if my employer 8. does not follow the employment contract or job offer or I am being mistreated?As a temporary foreign worker in Alberta, you have the same rights and responsibilities as every other employee in the workplace.

If your employer does not follow the employment contract or job offer, you can contact the Temporary Foreign Worker Helpline toll-free at 1-877-944-9955. Staff will advise you of your rights and help find solutions for situations involving unfair, unsafe or unhealthy working conditions.

As a temporary foreign worker, 9. can my spouse also work?Spouses of temporary foreign workers may be eligible to work in Canada if they hold a valid work permit.

A spouse of a skilled worker may be eligible to apply for and work on an open work permit. An open work permit allows a person to work for any employer for a certain period of time. When applying for an open work permit, an LMO and job offer is not required. However, the applicant must prove that they are the spouse of a skilled worker who holds a valid work permit in Canada.

A spouse of a semi-skilled worker will require an LMO and job offer to submit a work permit application to CIC.

If your spouse would like to accompany you to Alberta, they may need to apply for a temporary resident visa.

Are there jobs that do not require 10. a Labour Market Opinion (LMO exempt)?Some categories of workers may not need an LMO from the employer in order to apply for their work permit. Common exemptions include:

North American Free Trade Agreement (NAFTA) NAFTA removes the need for an LMO for certain professional occupations. Citizens of the United States and Mexico in these occupations do not require an LMO when applying for a work permit. For a list of eligible occupations, visit CIC’s website at www.cic.gc.ca/english/work/special-business.asp

International Student and Young Worker Employment Program Under the International Student and Young Worker Employment Program, several countries have agreements with Canada to allow the mobility and exchange of young workers and students. Those eligible for this program do not require an LMO. In addition, young workers or students from abroad are not required to find a job in Canada in advance. For more information on international youth programs and who qualifies for them visit www.international.gc.ca/iyp-pij

For all categories of workers that require a work permit, but not an LMO visit www.cic.gc.ca/english/work/apply-who-permit.asp

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Employment agencies and immigration consultants or lawyers offer different services. If you plan to use one of these services to help find a job in Alberta or immigrate to Canada, it is important you know these facts:

Recruitment AgenciesYou do not have to use the services of an employment agency to find employment. If you choose to use one, the agency must be registered and licensed by the Government of Alberta. You have the right to request an employment agency’s license and business registration to verify that it is a legitimate business.

An employment agency cannot charge you a fee for finding you a job in Alberta. It is illegal in Alberta to charge a job placement fee. Recruiters can only charge fees to Alberta employers who have offered to employ you.

The employer cannot recover these costs from you (for example, through deductions from your paycheque). If an employment agency provides you with services such as resumé preparation and interview skills coaching, then it is entitled to charge you reasonable fees. Paying those fees cannot guarantee you employment – that is illegal!

For more information on using employment agencies and confirming their business licence visit Service Alberta’s website at www.servicealberta.ca/1016.cfm

Immigration Consultants/LawyersThe only representatives who may charge a fee to represent or advise you on immigration matters with the Government of Canada are:

Lawyers who are members in good • standing with a Canadian provincial or territorial law society;

Immigration consultants who are • members in good standing with the Canadian Society of Immigration Consultants, and

Notaries who are members in good • standing with the Chambre des notaires du Québec.

You do not need to hire an immigration representative to apply for a work permit or to immigrate. Immigration representatives do not have special connections with Canadian government officials and cannot guarantee you a visa. Beware of Internet scams and false websites.

For further information on using immigration representatives visit www.AlbertaCanada.com/immigration/immigrate/immigrationrepresentatives.html

About Recruiters and Immigration Consultants

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Edmonton

Calgary

Toronto

Vancouver

Alberta

Halifax

Fredericton

Charlottetown

St. John’s

Montreal

Ottawa

Winnipeg

Regina

Whitehorse

Yellowknife

Iqaluit

Canada

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www.AlbertaCanada.com/immigration

Immigrate to Alberta Information Service Email form: www.AlbertaCanada.com/info

© 2010 Government of Alberta Printed in Canada for free distribution Published: March 2010 ISBN: 978-0-7785-8727-9