Canada Opens Its Doors To Digital Nomads: A Detailed Look At The New Policy

Posted on 16/03/2024 by Gowsalya 2 Comments

Canada has recently issued specific clarifications on its immigration policy to welcome more skilled workers. The new clarifications are directly related to making it easier for remote workers like you. You can live and work in the country for up to six months. This blog post delves into the specifics of this new Canada Immigration policy and how to apply for Digital Nomad visa. It addresses key questions and providing insightful details on how to move forward.

Who can you consider a Digital Nomad in Canada?

According to the Immigration, Refugees and Citizenship Canada (IRCC), a digital nomad in Canada is someone who:

1. Can perform their job remotely from anywhere in the world: This means their work doesn’t require physical presence. It doesn’t require a specific location and can be done entirely through online means.

2. Works for a foreign employer: This encompasses individuals employed by companies outside of Canada.

3. Is self-employed: This includes freelancers, contractors, and independent business owners whose clients and operations are primarily outside of Canada.

4. Provides services to clients outside of Canada: This covers individuals offering various services remotely to clients in other countries.

Therefore, if you possess the flexibility to work remotely and your income originates from outside Canada, you might be a digital nomad under the current Canadian immigration policy and apply for Digital Nomad visa.

What Type of Visa Do I Need to Work as a Digital Nomad in Canada?

Even though Canada does not offer a specific “digital nomad visa”, you can initially enter Canada on a visitor visa to work remotely for up to six months. This eliminates the need for additional documentation specifically for digital nomads.

However, convincing the border officer of your intention to leave at the authorized stay’s end is crucial. If you mention your intention to seek employment with a Canadian company during your visa application, you’ll be informed that a work permit is necessary before starting such work.

Can I Apply for a Work Permit if I Find a Canadian Job While on a Visitor Visa?

Yes, you can potentially apply for a work permit in Canada. However, Only if you find a Canadian job while on a visitor visa under the current policy, but with some important details to consider:

1. Visitor Visa Limitations: While a visitor visa allows you to work remotely for entities outside Canada, it prohibits working for a Canadian employer. Entering Canada to work for a Canadian company is explicitly against the terms of the visitor visa.

2. Policy Allowance: The recent policy clarification by IRCC acknowledges this and provides a pathway for transitioning to a work permit if you find employment with a Canadian company after your arrival. This means you can apply for a work permit and potentially switch your status once you have the job offer.

3. Crucial Step: If you express any intention during your visitor visa application of seeking employment with a Canadian company, you should know that a work permit is mandatory before starting such work. This emphasizes the importance of honesty during the application process.

Overall, while the policy allows for applying for a work permit after finding a Canadian job with a visitor visa, it’s crucial to note that:

1. Entering with the intent to work for a Canadian company is not allowed.

2. Honesty during the visitor visa application is essential.

3. The work permit application process is separate and requires additional steps.

You can get in touch with expert counsellors at CanApprove for personalized guidance on your specific situation and the most up-to-date information on this evolving policy and also seek assistance on how to apply for Digital Nomad visa.

What About My Family Members? Can They Work or Study in Canada?

Family members accompanying you as digital nomad cannot work or study in Canada under your visitor visa. They’ll need to apply for separate work permits or study permits if they wish to pursue those options.

Canada’s Bigger Picture: Tech Talent Strategy

This initiative is part of Canada’s broader tech talent strategy. Recognizing the tech sector’s significance to the economy, the government aims to attract skilled individuals like you. This strategy also includes:

1. An innovation stream within the International Mobility Program (IMP): This anticipated stream, will be announced soon. It will streamline the process for certain tech occupations and exempt them from the Labour Market Impact Assessment (LMIA).

2. A streamlined work permit for H1-B specialty occupation visa holders: This initiative, with a quota of 10,000 permits for 2023. It simplifies the transition for qualified individuals with existing US visas.

3. Improvements to existing tech programs like the Global Skills Strategy: This program offers expedited LMIA processing for Canadian employers hiring foreign workers in specific IT roles.

4. Category-based express entry draws: IRCC is now conducting special draws to invite specific profiles. Targeted occupations can apply for Canada PR. STEM occupations are one of the six categories currently.

By implementing these measures, Canada hopes to position itself as a leading destination for global tech talent, including digital nomads seeking a unique and dynamic work environment.

How Will CanApprove Help You in Canada Immigration?

While immigration consultants or advisors cannot guarantee a successful visa application, we can ensure the following:

1. Assessing eligibility: Review your circumstances and determine if you meet the criteria for a visitor visa or work permit based on the current policy framework.

2. Gathering documents: Guide you in collecting the necessary documents, such as proof of employment, financial statements, and travel documents, for your application.

3. Completing forms: Assist in filling out the application forms accurately and ensuring you complete all sections comprehensively.

4. Meeting deadlines: Help you stay on track with deadlines and ensure we submit your application within the specified timeframe.

Book your free consultation today to get started!

LMIA – All You Need To Know

Posted on 30/09/202302/03/2024 by VR Leave a Comment

It’s always exciting when you get a job abroad, especially in a country like Canada. A country full of abundant opportunities! It paves the way for a global workforce and for exploring new career opportunities. As exciting as it sounds, however, there are a lot of processes one must go through before flying to start their career.

If you’re one of those people who are looking for employment opportunities in Canada or a Canadian employer planning to hire a foreign skilled hand, this blog could be a valuable piece of information for you.

What is LMIA?

The Labour Market Impact Assessment is an official, legit document from Employment. Social Development Canada permits a Canadian employer to recruit a worker from another country. A positive LMIA, also called a confirmation letter, indicates a need for a foreign worker to fill the required position.

Who needs an LMIA?

Employers who hire foreign workers temporarily for a job in Canada. To fill a job position in their company must first obtain an LMIA. If you’re a foreign worker, you must receive a positive LMIA from your Canadian employer to qualify for a work permit.

An open work permit, unlike an employer-specific work permit, allows you to work for any potential Canadian employer in almost any field. However, if you have an open work permit or are eligible for one, your Canadian employer will not require an LMIA to hire you.

Who gets a work permit without an LMIA?

Foreign workers are issued work permits without an LMIA, or a work permit is not required for them under certain exceptions. Some of the exceptions are:

International students in Canada and their spouses

International students who have enrolled in a minimum of six months of study programs and have a valid study permit are permitted to work off-campus for up to 20 hours a week. Spouses or common-law partners of these students can also work under an open work permit.

partners of foreign workers

Spouses and partners of foreign skilled workers who have an AIP work permit, provincial nomination, bridging open work permit, or a Quebec Selection Certificate (QSC) are eligible for spousal open work permits.

Exceptions under public policies

Open work permits are issued without LMIA to applicants who are temporary residents. who have applied to become permanent residents in Canada and to Hong Kong residents applying for a work permit for a limited time.

Exceptions for humanitarian reasons or individuals with no support

This exception includes refugees, refugee claimants, vulnerable workers, people under an unenforceable removal order, and destitute students.

International agreements

Capitalists who go to Canada under the Comprehensive Economic and Trade Agreement (CETA), Canada-UK Trade Continuity Agreement (CUKTCA), Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), or other free trade agreements do not require an LMIA. This exception includes intra-company transferees, professionals or technicians, and their spouses under some international agreements.

Application Process for LMIA

Before you start applying for an LMIA, any Canadian employer must substantiate if it is required. Then, gather all the documents required to apply, and submit your application to the ESDC.

Ascertain if you require an LMIA

Before recruiting, you must first determine if you require an LMIA for the position. To ascertain whether a temporary foreign worker recruited for the job position will be absolved from requiring an LMIA. Employers must contact the International Mobility Workers Unit to confirm whether an LMIA is needed and must be heedful about reviewing the requirements Furthermore exceptions of work permits.

Apply to ESDC

If the employer requires an LMIA, they must apply to the Employment and Social Development Canada along with the required documents. The application process varies based on the categories under which the temporary foreign workers are being recruited.

There are four LMIA categories: High-Wage Workers, Low-Wage Workers, Seasonal Agricultural Worker Program, and Agricultural Stream. Employers hiring high-wage or low-wage workers can submit an LMIA application up to six months before the joining date of the employee. Some of the documents that have to be submitted are:

1. Business legitimacy proof
2. Recruitment proof
3. Filled-in and signed application form
4. Processing fee for each requested position
5. a copy of the employment contract

LMIA application will be assessed

Once the employer submits the LMIA application, ESDC will assess the application to determine the legality of the business and the employment offer. The impact on the labor market by recruiting a temporary foreign worker will also be assessed.

The employer will receive either a positive or negative they can proceed with the hiring process Based on the application details and documents submitted.

Processing time

The Labor Market Impact Assessment’s processing time varies depending on the stream under which the foreign worker is being hired. Generally, the processing time of the LMIA ranges between 5 and 46 business days.

Wrap-Up

Lastly Moving to Canada for work is a great way to discover new career horizons. By working in Canada, you can also become a permanent resident there. As long as your job role is in an in-demand occupation and you can envisage yourself as an ideal candidate for jobs in Canada, you will get an LMIA and a work permit to work in Canada. If you’re looking for more assistance about settling in Canada, talk to our immigration experts at CanApprove. we’d love to hear from you!

FAQs

How long is an LMIA valid?

Generally, The validity of an LMIA to support a work permit application is 18 months.

IS IELS required for LMIA?

The LMIA-based visa does not require applicants to take the IELTS exam for language proficiency.

What is the age limit for LMIA in Canada?

There is no maximum age limit for Canadian work permits. The only exception is for work permits issued under the International Experience Canada (IEC) program, where applicants must be between 18 and 35 years old.

Tag: Canada Work permit