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Immigration Newsweek

By Atty. Henry Moyal

Q. I am currently in Toronto on a visitor visa and I want to work. I have several years of experience in my field but when I approach a potential employer that do not know what needs to be done to hire me.

How do I get an open work permit and what must a Canadian employer do to hire me?

A. As you are aware, you are not authorized to work as a visitor. You need a work permit to engage in employment. There are only a few ways to obtain an open work permit ( not restricted to any employer) but from the brief information provided you do not seem to fall under those criteria. As such, you need to obtain ann “employer specific” work permit which means you must work for the specific employer named on the work permit. To apply for such a work permit the employer must obtain a labour market impact assessment from Service Canada. In Ontario, employers can also help you by giving you a job offer. To qualify for that the employer must meet certain criteria:

• Employers must have been in active business(corporations, limited partnerships and sole proprietorships) for at least 3 years.
• Employers must have business premises in Ontario where the worker will work.
• Employers must be in compliance with the Ontario Employment Standards Act and the Occupational Health and Safety Act.
• Employers inside of the Greater Toronto Area must have:
  • A minimum of $1,000,000 in gross annual revenue for the most recent fiscal year,
  • Five full-time employees who are Canadian citizens or permanent residents at the location where the applicant will work.

• Offer you full-time position and of an indeterminate duration in a skilled position
  • Must consist of a minimum of 30 hours per week and at least 1,560 hours in a one year period.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.

The above article is general advice only and is not intended to act as a legal document.

Send questions to Attorney Moyal by email canada@moyal.com  or call 416 733 3193