԰������

Once the recruitment process has been completed, your Department/Faculty will submit the necessary documentation to Human Resources – Immigration Services to start the immigration process.

Immigration Services reviews the documentation and submits an application for a Labour Market Impact Assessment  to Employment and Social Development Canada (ESDC)/Service Canada. In certain cases, an exemption from the requirement to obtain a Labour Market Impact Assessment may apply, such as, International Free Trade Agreements (NAFTA, Canada-Chile CCFTA), Research Award Recipients, etc. The applicable exemption will be specified in your official letter of offer.

If the application is successful, Immigration Services will receive a positive Labour Market Impact Assessment (LMIA) from ESDC/Service Canada. A copy of the LMIA will be forwarded to you via e-mail. Note: ESDC/Service Canada has established a maximum period of six (6) months during which an LMIA may be used to apply for a work permit. The LMIA expiry date is noted on the LMIA Confirmation (Annex).

As soon as you have received the offer letter and LMIA Confirmation (or identified LMIA exemption), you are required to apply to Immigration, Refugees and Citizenship Canada (CIC) for a temporary work permit.

There are different ways to apply for a work permit, depending on where you are applying from.

Apply From Outside of Canada

Most work permit applications must be processed from outside Canada. You must apply in your country of residence, your country of nationality, or the country where you have been legally admitted. Find a visa office by referring to the .

Apply As You Enter Canada

In some cases, you can apply for a work permit when you arrive in Canada. You may apply for a work permit at the Canadian border only if:

• you are from a visa exempt country and you have an electronic travel authorization (eTA) or are eTA exempt,
• you already hold a valid medical certificate, if you need it for your job, or are from a designated country, and either
• you have proof your employer has submitted a copy of a valid Labour Market Impact Assessment (LMIA), if needed, or
• you have the ID number your employer received when they submitted an offer of employment through the Employer Portal, if you do not need an LMIA.

If you are eligible, you can make a request directly at a Canadian port of entry for authorization to work in Canada. You must present the same documents as you would if you were applying from outside Canada, as outlined in the “Applying for a Work Permit” section below.

Apply From Inside Canada

You can only apply for a work permit from inside Canada if:

• you have a valid study permit or work permit, or your spouse has a study or work permit
• you have a work permit for one job but want to apply for a work permit for a different job
• you have a temporary resident permit that is valid for six months or more
• you are in Canada because you have already applied for permanent residence from inside Canada.

You can either mail in your application to the Case Processing Centre in Edmonton, AB, or apply on-line for your work permit. For information on the application process, refer to the .

No matter where you apply, to obtain a work permit you must:

• satisfy a visa officer that you will leave Canada at the end of the your work permit
• show that you have enough money to support yourself and your family while you are in Canada
• respect the law and have no criminal record (you may have to provide a police clearance certificate)
• show that you are not a risk to the security of Canada
• be in good health (You may be required to undergo a medical examination
• not intend to engage in employment with an employer on the list of ineligible employers found on CIC’s website
• provide any additional documents requested by the officer to establish admissibility.

To apply online you must have access to a scanner or camera to create electronic copies of your documents for uploading and have a valid credit card for payment. .

If you are eligible to apply online, you will receive a personal checklist code for use in your online application. Your personal checklist code will be valid for 60 days.

If you reside outside of Canada, follow the steps outlined on the . You may download and print the application package, which includes the Instruction Guide and all the forms you need to fill out, as well as a Document Checklist, which details all documents you need to submit to CIC.

After obtaining the proper instructions, forms and checklists, you must gather the required documents: 

• use the Document Checklist [IMM 5488] to assist in gathering the required documents
• you must complete the Document Checklist [IMM 5488] and include it with your application forms and supporting documents
• many visa offices may require additional supporting documents specific to a particular country. For special ,consult the information for your specific country.

Generally, the required documents common to most visa offices include:

Proof of identity

• A valid passport or travel document that guarantees re-entry to the country that issued it (original valid passport only if you require a temporary resident visa (TRV), or photocopy of the information page of your passport if you do not require a TRV), and
• Two (2) photos of the applicant and accompanying family members (according to photo specifications found in instructions guide).

Proof of employment in Canada

• The letter of offer from the University of Calgary;
• The positive LMIA Confirmation from ESDC/Service Canada, if one is required; or the ID number the University of Calgary received upon submission of an offer of employment through the Employer Portal, if you do not need an LMIA.
• Evidence that you meet the requirements of the job being offered (i.e., copies of relevant education certificates, degrees (i.e., your PhD parchment), up-to-date curriculum vitae, employment references outlining previous jobs, etc.).

On February 21, 2015, new regulations came into effect requiring employers who provide LMIA-exempt offers of employment to foreign nationals in the International Mobility Program to:

• provide the “offer of employment to a foreign national exempt from a Labour Market Impact Assessment (LMIA)” form directly to Immigration, Refugees and Citizenship Canada (IRCC)
• electronically pay the employer compliance fee.

If applicable, the University of Calgary will provide you with the required ID number proving that the employer compliance fee has been paid. You must include this ID number in your work permit application. Note that you will still be required to pay the CAD$155 work permit processing fee.

Proof of relationship

•  and provide evidence outlined on the form to support the relationship.

Other Documents

• If you are not a citizen of the country in which you are applying, you must provide proof of your present immigration status in the country of application
• If the government that issued your passport or travel document requires a re-entry permit this must be obtained before you apply for a Canadian visa

Translation of documents - If documents are in a language other than English or French, check with the responsible visa office to determine whether they need to be translated.

If a certified or true copy of a document is required, the  provides detailed instructions on how documents are certified or made into true copies. Some visa offices may require original documentation.

After gathering the required documents, you must complete the following forms:

• Document Checklist [IMM 5488]
• Application for a Work Permit Made Outside of Canada [IMM 1295]
• Family Information [IMM 5645]
• Schedule 1 – Application for Temporary Resident Visa [IMM 5257 – Schedule 1], if applicable

Instructions that pertain to all forms are:

• Applicants must answer all questions on the form, unless indicated otherwise. (On the electronic Application for Work Permit Made Outside of Canada [IMM 1295], questions will automatically block out if not applicable.
• On all other forms, if a question is not applicable, indicate N/A, rather than leaving the reply space blank.
• If more space is needed to reply to a question, print out an additional page containing the appropriate section, complete it and submit it with the application.
• Follow the Instruction Guide carefully when completing the forms. The guide walks you through question by question.

• The $155 CAD fee must be included with the application.
• Check the website of the appropriate visa office for payment method options
• The processing fee will not be refunded, regardless of the final decision.

A complete package, including all required documentation and information facilitates the processing time of an application.

The Instruction Guide indicates that the following factors may delay the processing of an application:

• missing signature on application forms
• missing documentation
• unclear photocopies of documents
• documents not accompanied by a certified English or French translation
• verification of information and documents provided
• a medical condition that may require additional tests or consultations
• a criminal or security problem
• consultation is required with other offices in Canada or abroad

Processing times vary between visa offices. In general terms some offices may be able to complete processing for workers in as little as ten days, whereas other offices take in the range of 6 to 9 months. It is unclear why there is such a wide variance in process times, however, factors that may influence the period of processing include:

• Volume of files handled by the visa office
• Background checks done by the visa office
• Whether an interview is required for the applicant
• Whether the application was complete or required further supporting documents
• Whether a medical examination was required by the visa office

For , see CIC's website.

You must meet the general requirements for entering Canada. This means that you might need a passport and a temporary resident visa (TRV). A temporary resident visa is an official document issued by a visa office abroad and is placed in your passport to show that you have met the requirements for admission to Canada as a temporary resident. A valid temporary resident visa is not a guarantee of entry into Canada, an officer at the port of entry will decide if you still meet the requirements for admission when you arrive. There is no need to apply separately for a temporary resident visa. If your application for a work permit is approved, a temporary resident visa will be placed in your passport.

Refer to the  as well as a

Some citizens from visa-exempt countries have to meet more requirements, such as having a machine-readable passport or an e-passport to travel to Canada.

You may need a criminal and security check if you are coming to Canada as a temporary worker. Most visa offices do not require that a person provide a police certificate. However, there is a requirement that a foreign worker be admissible to Canada, including not having previous criminal convictions as specifically set out in the Immigration and Refugee Protection Act. To learn more about criminal and security checks, refer to the .

Consult the  near you to determine whether you need to provide police certificates.

Your spouse or common-law partner and dependent children who wish to visit Canada must apply for permission to do so by filling out their own temporary residence form (Temporary Resident Visa, study permit or work permit). However, you may send all family member application forms in the same envelope with only one payment receipt for the total amount. Your spouse or common-law partner and children must meet all the requirements for temporary residence to Canada. They may be required to provide evidence that they are law abiding and have no criminal record. If your family member applies for a temporary resident visa (TRV), they must also meet all the conditions to obtain the visa. If your family members wish to follow you to Canada at a later date, they must complete a separate application for admission.

may be your own children or those of your spouse or common-law partner.

You may be required to provide a marriage certificate and birth certificates for any accompanying family members. If you are in a common-law relationship and your common-law partner will accompany you to Canada, you may be required to complete a  form. Also provide evidence outlined on the form to support your relationship, such as: joint bank accounts and/or credit cards, joint ownership of residential property, joint residential leases, joint utilities accounts, joint management of household expenditures, evidence of joint purchases, especially for household items, joint life insurance policies, etc.

In terms of schooling, subsection A30(2) of the Immigration and Refugee Protection Act allows for dependent minor children already in Canada to attend any school up to the conclusion of secondary school, without the need for a study permit. This exemption from the requirement for a study permit for minors is only applicable when the minor is in Canada. Visa offices processing minor children outside Canada who want to study in Canada will process them as students and not visitors, even when accompanying a parent who is authorized to either work or study in Canada. If a study permit was not obtained for a minor child at a visa office outside Canada, and because port of entries are considered ‘in Canada’ for the interpretation of A30(2), an officer at a port of entry will authorize entry of the child as a temporary resident within the visitor class of all requirements are met (i.e., the accompanying parent is permitted to work or study in Canada) and the child will be documented on a visitor record.

The following information summarizes the documents needed for minor children to enrol in primary or secondary school in Canada:

If the Child is a Canadian

Documents needed: Passport, citizenship card, or birth certificate. Study permit not required.

If the Child is a Permanent Resident

Documents needed: Confirmation of Permanent Residence (IMM 5292) or Permanent Resident Card. Study permit not required

If the Child is Alone or With a Parent Who is a Temporary Resident and has a Study or Work Permit

Documents needed: Child's passport or child listed on the parent's passport. The child may have a visitor record. The parent has a study or work permit. Study permit not required.

*The child may have either a visitor record or a study permit when entering Canada. The child is authorized to study without a study permit if he or she has only the visitor record or a Canadian entry stamp on his or her passport.

Non-dependent children (19+ years old) and/or those pursuing higher level of education, however, will require study permits and would be required to apply in the ordinary fashion, as described on the .

Parents/guardians coming to Canada temporarily, who bring a child without the other parent, should also ensure that they take precautions vis-à-vis "child abduction" issues. If only one parent is coming, he/she should ensure that there is appropriate documentation permitting the child to travel with him/her. This could include, if appropriate, court custodial documentation, or, at least, a notarized letter, including contact information, from the other parent authorizing the child to travel with the parent who is coming to Canada.

May my spouse or common-law partner work in Canada?
In order to work in Canada, your spouse or common-law partner must apply for their own work permit and must meet the same standards that regularly apply to a work permit issuance. However, your spouse or common-law partner may be eligible to apply for an "open" work permit that allows them to accept any type of employment in Canada. This enables a spouse to obtain a work permit prior to commencing a job search and facilitates the ability to commence working immediately on securing employment. However, some restrictions may apply. For example, if medicals are not passed, occupation may be restricted (i.e., where the occupation in question is one where there may be a risk to public health). Examples of professions with issues of public health may include teachers in contact with children, camp counsellors, people in any health field (such as doctors or nurses), and some agricultural workers. For further information, refer to the .

Spouses who have declared their intention to work will now be able to apply for an "open" work permit at the same time that they apply for entry to Canada through a visa office at a Canadian embassy, high commission or consulate abroad or at a Canadian port of entry, if they do not require a temporary resident visa (TRV) in order to enter Canada. Spouses who accompany principal applicants to Canada first as visitors, but who later decide once in Canada to seek employment, may apply to the Case Processing Center in Vegreville, Alberta. Their work permit will be issued for the same time duration as that of the foreign worker's work permit.

May my dependent children work in Canada?
If your dependent children want to work while in Canada, they must apply for their own work permit. Normally, they must meet the same standards that regularly apply to a work permit issuance.

The port of entry process will run smoothly if you understand these basic rules for granting application, and are well prepared to satisfy each of the required elements. Should problems arise, please remain calm and cooperative with the officer – your demeanor may affect the outcome. Sometimes it is possible to call the employer to resolve issues or to obtain additional documentation.

Know What Procedures to Expect

• On arrival at a port of entry you will note that there is a two-tier system to immigration inspections. There is the primary inspection line and there can be secondary inspection. Primary inspection is what all persons arriving expect in terms of an officer inspecting passports, etc (note that in Canada, the persons operating this line are now Canada Border Services Agency or CBSA officers, looking at customs, immigration and other issues). Persons with any matter that is beyond a simple visit can often expect to be sent for secondary inspection. Any time documentation must be generated (work permits, visitor records, etc.) inspection/verification of detailed documents must occur, secondary inspection (also called examination) is warranted.

• Despite any pre-clearance that may have been done, it is up to the officer at the port of entry to determine whether you are entitled to entry or to be issued a work permit. It may go without saying that all questions of the officer must be answered truthfully. It would be prudent as well, to answer respectfully; of course legal rights are made for protection of applicants, but where the line of questioning is legitimate, there would appear to be no advantage to using an offensive tone of voice – sometimes it is the form, rather than the substance of what is said or presented which causes roadblocks.

Ensure You Have All Required Documentation

• You should have in your possession and be familiar with all relevant documents – i.e. original Board Appointment Letter (job offer), Labour Market Impact Assessment Confirmation provided by Service Canada, proof of identity, copy of your highest degree as proof of professional standing. Photocopies of these documents may be suf