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Requirements for an Employment Authorization

What is employment?

The Immigration Act defines employment as "any activity for which a person receives or might reasonably be expected to receive valuable consideration." Some activities may be considered to be work even if the person doing the activity is not being paid for his/her services. It depends on the kind of work and the circumstances under which it is performed.

Although there are exceptions to the process, in general an Employment Authorization is issued based on a Job Offer Validation.

Do I need an Employment Authorization before I begin to work in Canada?

If you are not a Canadian citizen or permanent resident, you will need an Employment Authorization before you begin work in Canada.

What happens if I work without an Employment Authorization?

Working without permission is an offence under the Immigration Act. This means you might not be eligible for an extension. You may also be subject to an immigration inquiry which could lead to your removal from Canada.

If this is your situation, complete an APPLICATION TO CHANGE TERMS AND CONDITIONS OR EXTEND MY STAY IN CANADA, providing full details of why this happened. An immigration officer will evaluate your case and tell you of any further action to be taken.

What is meant by Job Offer Validation?

Job Offer Validation is the process by which the Human Resources Center Canada determines that the employment of a foreign worker will not hinder employment opportunities for Canadian citizens or permanent residents.

The validation process is started by the prospective employer in Canada who contacts a Human Resources Center Canada to get a job offer form. When the form is filled out, naming the worker and listing the conditions and needs of the job, it is returned to the Human Resources Center Canada for approval or refusal of the job offer.

Are there situations when a Job Offer Validation is not needed?

There are situations outlined in the Immigration Act where a Job Offer Validation may not be needed, for example, business persons under the North American Free Trade Agreement, persons who are approved in principle for landing in Canada and refugee claimants.

May I apply for an Employment Authorization in Canada and do I need a Job Offer Validation?

The following examples are of situations where people may apply for an Employment Authorization in Canada. The need for a Job Offer Validation is indicated in each section.

Applicant for permanent residence In Canada: These are people and their dependents whose application for permanent residence from within Canada have been approved. Job Offer Validation is not needed.

Athletes and referees: Athletes include people working as players, managers, coaches, trainers or administrators of a Canadian-based team, group or organization. Job Offer Validation may be needed. Referees include people working as referees, umpires or other similar officials for any sport activity in Canada.

Convention Refugees: These are people and their dependents who have been found to be Convention refugees by the Convention Refugee Determination Division. Job Offer Validation is not needed.

Destitute persons: These are people who, in the opinion of an immigration officer, cannot support themselves without public help and may be in one of the following situations:

have applied to be a Canadian citizen and the processing of their applications is still in progress;

have a removal order that has been stopped by the Immigration and Refugee Board of the Minister, or are awaiting the outcome of an appeal of a removal order;

are a refugee claimant or, a refused refugee claimant that is having their case reviewed by the Federal Court. (See the section called Some Important Information For Refugee Claimants.) Job Offer Validation is not needed.

Diplomats: Accredited diplomats may apply in Canada. Consular officers, representatives or officials, household staff, their dependents and dependents of accredited diplomats, may apply, but need a letter of permission from the Office of Protocol at Foreign Affairs. Job Offer Validation may be needed.

Emergency repair workers: This includes people who repair industrial machinery in an emergency so that Canadians can keep working. Job Offer Validation is not required.

Employment Authorization holders: People who are in Canada as temporary workers may ask for an extension of their original authorization or for a new authorization to work for another employer. Their dependents may apply in Canada. Job Offer Validation may be needed.

Minister's Permit holders: This includes people and their dependents who have a Minister's Permit allowing them to come to Canada or stay here. Job Offer Validation may be needed.

Performing artists: These are people under contract to fulfill a single or continuous guest engagement in the performing arts, except where the engagement is incidental to a commercial activity. Job Offer Validation may be needed. A signed contract or a letter acknowledging the engagement is required.

Students: This group includes people who have a valid Student Authorization and their husband/wife.

May my husband/wife or dependants work in Canada?

In general, spouses and dependents who wish to work in Canada need a Job Offer Validation. Some exceptions are:

o husbands/wives and dependents of military personnel with a letter of approval of employment from a Department of National Defense official, proof of identity and their relationship to the head of the family and proof of the length of stay in Canada;

o husbands/wives of students

What information/documentation is required?

In addition to the requirements specified in Part 2, you must also provide:

? a Job Offer Validation from a Human Resources Center Canada and/or a job offer letter from the employer;

Note: You must provide evidence that you meet requirements of the Job Offer Validation or job offer.

a copy of the Cartificat d'acceptation du Quebec (CAQ) issued by the Ministere des Relations avec les citoyens et de l'Immigration (MRCI) if you work in Quebec or will be working in Quebec. If you do not need a Job Offer Validation you will not need a CAQ;

the required fee.

Are there any terms and conditions on my Employment Authorization?
An immigration officer may impose terms and conditions under the Immigration Act when issuing an Employment Authorization. These will be shown on your Employment Authorization and may include one or more of the following:
o        the type of employment in which you may work;
o        the employer for whom you may work;
o        where you may work;
o        how long you may continue to work.
If you want to change any of the terms or conditions which appear on your Employment Authorization, you must apply before you make the changes. Failure to do so may affect your visitor status and your eligibility for an extension.

When is a medical examination required?
Depending on the type of job you will have and where you lived in the past year, you may need to have a medical examination. If you want to work in health services, child care, primary or secondary education, you will need a medical examination and a satisfactory medical assessment before you can get an Employment Authorization.
If you want to work in agricultural occupations, a medical examination will be needed if you have resided in certain countries.
An immigration officer will tell you when a medical examination is needed, and will send you the forms you need.

May I leave Canada before my request for an extension has been finalized?
If you leave Canada temporarily and do not have a valid Employment Authorization, you may not be able to come back. It is your responsibility to make sure that your request for an extension has been approved. Otherwise you will have to apply at a visa office for a new Employment Authorization and pay another processing fee.

May I leave Canada with a valid Employment Authorization?
If citizens from your country do not need a Visitor Visa to come to Canada, or if you are traveling only to the United States or St. Pierre and Miquelon and returning directly from those countries, your valid Employment Authorization would normally satisfy the immigration officer at the port of entry to allow you to come back to Canada.
If citizens from your country need a Visitor Visa to come to Canada, however, you must have a valid Visitor Visa before coming to Canada from any place other than the United States or St. Pierre and Miquelon. If your Visitor Visa will be expired before your return, you must obtain a new Visitor Visa from a visa office before you return to Canada. If you have sufficient time before your departure, you may wish to investigate the possibility of applying by mail for a new Visitor Visa from the visa offices in Buffalo, Detroit, Los Angeles, New York City, Seattle and Washington.

TEMPORARY FOREIGN WORKERS

Most foreign workers who want to work temporarily in Canada must have an approved job offer and an employment authorization before they arrive.

It is the Canadian employer's responsibility to have the job offer approved by the local Human Resource Center (HRC). If the job meets Canadian labor standards and cannot be filled by a qualified Canadian, the HRC may approve the job offer.

Upon receipt of a HRC-approved offer, visa officials abroad will decide if the foreign worker qualifies for the employment authorization. They will assess if the worker meets health, character, security, job qualifications and other criteria. If an employment authorization is issued, it is valid only for a specified job, employer and time period.

Additional procedures may apply for foreign workers who intend to work in Quebec. Please contact a Canadian visa office or your local Immigration office for specific details.

Some jobs may not need approval or require an employment authorization. For more details, foreign workers or their prospective employers should consult a Canadian visa office or local Immigration office.

There is a fee for employment authorizations (see Fees). Temporary workers may not undertake full-time studies and may not change jobs unless authorized by Citizenship and Immigration Canada.

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Information on these pages is not legal advice. Using this information for business or personal use is at own risk. We will provide legal advice after you submit our consultation form.

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