HOW TO IMMIGRATE TO CANADA AS A WORKER?

As a worker and depending on your current situation, you have different options for immigrating to Canada.^[1].
So, in this article, we will go back point by point over the different opportunities available to you as a worker.^[2].

We will first examine federal immigration programs, namely Express Entry, the program for self-employed workers, and the business start-up visa program. These programs will allow you to immigrate to all provinces except Quebec. (I).

Then, we will discuss the programs created for young people, namely the Working Holiday Permit and the Young Professionals permit, which allow immigration more easily than other programs, from anywhere in Canada, including Quebec (II).

Finally, the programs specific to the province of Quebec will be addressed, namely the Quebec program for permanent workers, for temporary workers and for business people (III).

I. FEDERAL WORKER PROGRAMS OUTSIDE QUEBEC

HAS. EXPRESS ENTRY

Express Entry is an application process for skilled immigrants wishing to settle permanently in Canada. 
Please note that this program allows you to live outside the province of Quebec.^[3]

Express Entry manages applications for three economic immigration programs: 

1. Skilled Worker Program

2. Skilled Trades Program

3. Professional experience category 

Most Express Entry applications are processed in 6 months from the date on which your request is completed, a period which may be extended due to the health situation.

1. SKILLED WORKER PROGRAM

The Express Entry program has minimum requirements regarding: 

• L'skilled work experience: it is necessary that you have had qualified work experience, that is to say that you have held a job corresponding to one of the jobs provided for by the National Occupational Classification (“NOC”) A, B or 0 established by the Canadian government. 
  This experience must have been acquired over the last 10 years and must include at least 1 year of continuous work full-time (30 hours per week for 12 months, i.e. 1560 hours) or part-time (it is necessary to reach a total of 1560 hours). 
  Student work experience may also be considered if it meets the general requirements of the Express Entry program.

• THE language skills: To be eligible for Express Entry, you must pass an approved language test in French and/or English. 

• THE studies: you must have a trade or apprenticeship diploma, degree or certificate equivalent to a diploma from a Canadian secondary or post-secondary educational institution.

If you meet all the minimum requirements, the immigration service will also assess:

• Your age, education, work experience, whether or not you have a valid job offer, your French or English language skills, your adaptability, proof of sufficient funds to settle in Canada with your family, unless you are legally entitled to work in Canada or have a valid job offer from an employer in Canada. 

All these factors are assessed on a 100-point grid used to evaluate eligibility for the Express Entry program. The current passing score is 67 points. 

2. SPECIALIZED TRADES PROGRAM

The Skilled Trades Program is for skilled workers who want to become permanent residents because of their qualifications in a skilled trade. 

The minimum requirements are comparable to those for skilled jobs, but differ in substance: 

• L'skilled work experience: skilled trades are classified into specific NOC groups (industrial trades, electricity, natural resources sectors, chefs and cooks, butchers and bakers, etc.). 
  You must also have acquired at least 2 years of experience full-time work (or equivalent part-time experience) in a skilled trade within the 5 years preceding your application. 

• THE language skills: you must pass approved language tests, in French and/or English. 

• THE studies: there is no requirement but you can provide proof of a trade or apprenticeship diploma, degree or certificate equivalent to a diploma from a Canadian secondary or post-secondary educational institution to improve your eligibility.  

• L'job offer: to be eligible for this program, you must have either a valid full-time job offer for at least 1 year or a qualification certificate in this skilled trade issued by a Canadian provincial, territorial or federal authority. 

You will also need to show proof of funds unless you are legally eligible to work in Canada or have a valid job offer from an employer in Canada.

Under the Skilled Worker Program, the province you wish to relocate to will assess your application. For this assessment, you will likely need to travel to the province or find an employer in Canada to obtain the required experience and training. 

3. CANADIAN EXPERIENCE CATEGORY

The Canadian Experience Class is for skilled workers who have work experience in Canada and who wish to become permanent residents. 

• L'skilled work experience: you must have acquired at least 1 year of experience skilled work in Canada in the last 3 years before submitting your application, i.e. having accumulated at least 1,560 hours of full-time or part-time work when you had temporary resident status and were authorized to work. 

• THE language skills: you must pass one or more approved English and/or French language tests.

• THE studies: There is no education requirement. However, proof of a trade or apprenticeship diploma, degree, or certificate equivalent to a diploma from a Canadian secondary or post-secondary institution will improve your eligibility.

B. SELF-EMPLOYED WORKERS AT THE FEDERAL LEVEL

The Self-Employed Immigration Program allows you to immigrate to Canada permanently if you have useful experience in cultural or sporting activities. 

To immigrate as a self-employed worker, you must: 

• Own a useful experience – you must have at least 2 years of experience acquired over the last 5 years in the field of cultural activities or sporting activities; 
• Intend to create your own job in Canada; and
• Fill in the selection criteria established for the program: experience, education, age, language skills and adaptability. 
• Fulfill the requirements concerning, among others, medical examination and security screening.

C. FEDERAL START-UP VISA PROGRAM

It is also possible to immigrate to Canada by starting a business and creating jobs or providing support to innovative entrepreneurs.

Applicants can receive funding, advice and expertise for opening and operating their business in Canada through private sector organizations in Canada called “Designated Organizations” by the Government of Canada. 

To be eligible, applicants for a business start-up visa must meet the following requirements: 

• Have an eligible business : First condition : It is necessary that at the time you obtain the commitment of a designated organization, each applicant holds at least 10% of the voting rights attached to the shares of the company & that the designated organization and the applicants jointly hold more than 50% of the voting rights attached to the shares of the company. Second condition : At the time you obtain your permanent residence, you must incorporate a company in Canada, ensure the active and continuous management of the business from Canada and a substantial part of the activities must be carried out in Canada;
• Obtain a letter of support from a Designated Organization ;
• Meet language requirements – as with Express Entry applications, you must pass a language test in French and/or English;
• Bring enough money to establish yourself: You must prove that you have enough money to support yourself and your family when you arrive in Canada^[4].

NB: While your application for permanent residence is being processed, you can apply for a temporary work permit to come and start your business in Canada. 

II. THE CANADIAN INTERNATIONAL EXPERIENCE FOR YOUNG PEOPLE: THE WHV & THE YOUNG PROFESSIONALS PERMIT

The "International Experience Canada" (IEC) initiative is aimed at young people aged 18 to 29, 30 or 35 (depending on their nationality) wishing to travel and/or acquire professional experience anywhere in Canada on a temporary basis.

The EIC program is made up of several categories: the Working Holiday Permit (“ PVT »), the Young Professionals Permit (“ JP") and the International Coop Internships. The first two permits, intended for workers, will be discussed in this article. 

Depending on your nationality, you have access to one, two, or three of these categories. French citizens have access to all three categories. Working Holiday Visas (WHVs) and JPs cannot be combined; in other words, if you already obtained a Working Holiday Visa (WHV) or JP permit before 2015, you can only apply for the Internship category, and vice versa. 

1. WORKING HOLIDAY PERMIT (PVT)

The WHV is an "open" work permit, which means you have the option to work in Canada for one or more employers. You can then travel to Canada for up to 1 or 2 years (depending on your nationality) to travel and/or work. 

There are several terms to be eligible for a PVT: 

• You must be between 18 and 35 years old (30 years old for Belgians) at the time of your permit application;

• You must hold a valid passport issued by a country that has signed a PVT agreement with Canada;

• You must have the equivalent of 2500$ CAD in your bank account;

• You must not have already obtained a PVT Canada in the past, except in exceptional cases;

• You must take out valid health/hospitalization/repatriation insurance for the duration of your stay.

• You can register for the candidate pool without having a job offer. However, due to the pandemic of Covid-19, you must obtain a job offer in order to obtain an invitation for the PVT Canada.

Your request must be made in several stages : 

1. First, you must create an account on the Canadian immigration website, canada.ca then submit a free application in the PVT category of the EIC program. 

2. Once your application is submitted, you must find a willing employer in Canada to obtain an invention to submit your application. Once you have found a job, you will need to notify Canadian authorities that you have a job offer and then wait to receive an Invitation to Apply (ITA) to proceed to the next step.

3. Once you receive your invitation, you only have 10 days to accept or decline it. If you do not receive an invitation, you can re-register in the applicant pool the following year. 

4. From the moment you accept your invitation, you will have 20 days to finalize your application. You will need to provide a number of documents and pay the participation fee (314$ for the PVT). 

5. Within 24 hours of submitting your work permit application, you will receive an instruction letter inviting you to provide your biometric data. You then have 30 days to go to a Canada Visa Application Centre to have your identity verified and provide your biometric data. 

6. Within a period of 8 weeks maximum, You should receive a “port of entry letter of introduction,” also called a “letter of correspondence,” which will allow you to enter Canadian territory. Your PVT Canada is valid for 12 months from the date of issue of your letter of introduction, otherwise it will be cancelled.

2. THE YOUNG PROFESSIONALS PERMIT (“JP”)

Unlike the PVT, the Young Professionals permit is a "closed" work permit, meaning that once in Canada, you can only work for one employer, the one who will have taken the steps with you to obtain your work permit. 

THE terms participation in the JP category are similar to those of the PVT category, you must: 

• Ebe between 18 and 35 years old;

• Have a passport from a state that has signed an EIC agreement with Canada;

• Have taken out health/hospitalization/repatriation insurance and have at least CAD 25,00$ in your bank account. 

The JP permit nevertheless requires specific conditions relating to your employment : 

• You must have a job offer in Canada, in your field of expertise, i.e. directly linked to your studies or your career;

• Your job must be paid and you cannot be self-employed;

• Your job must be classified in NOC categories A, B, or 0. Your job can also be classified as level C if you include a post-secondary diploma, certificate, or degree with your application. 

The application procedure is as follows: 

1. As with the PVT, you must create an account on the Canadian immigration website and register in the “candidate pool” for the Young Professionals permit. 

2. You must then wait to receive an Invitation to Submit an Application (“ITA”) once you have proven that you have found employment in Canada. 

3. Once the IPD is received, you have a period of 10 days to accept the request. If you accept it, you have 20 days To finalize your application, you will need to complete an online form, attach documents, and pay the application fee, which is 241$ for the JP license. During this period, your employer must submit your job offer on the Canadian immigration website. They will have to pay an employer compliance fee of 230$ and provide information about the position you will be filling.

4. Once these steps are completed, the employer will obtain a “job offer number” which you will need to complete your JP permit application. To obtain a JP, your employer will not need to complete a Labour Market Impact Assessment (LMIA). 

5. Once you have submitted all the documents, you will receive an instruction letter within 24 hours to collect your biometric data. 30 days, you must go to a center authorized by Canada to carry out this procedure. 

6. Once your biometric data has been transmitted, the Canadian authorities will examine your work permit application and under 8 weeks maximum They will send you their final decision. If your work permit application is accepted, you will receive a letter of introduction/correspondence which you must present upon arrival. 

The JP permit will allow you to acquire professional experience which will be useful for an application for permanent residence in Canada via the Canadian experience category via Express Entry after one year of Canadian experience to immigrate outside Quebec see details AI or the Quebec Selection Certificate via the Quebec Experience Program to immigrate to Quebec after two years of experience see details III.C.

III. THE IMMIGRATION PROGRAMS SPECIFIC TO THE PROVINCE OF QUEBEC

The province of Quebec offers several immigration pathways for people wishing to settle there, immigration procedures which are distinct from the system provided at the federal level.

Quebec thus proposes a procedure for:

HAS.Skilled permanent workers;

B.Temporary workers;

C. Quebec Experience Program – for foreigners already in Quebec;

D.  Business people.

HAS. QUEBEC PROGRAM FOR PERMANENT WORKERS

The Regular Skilled Worker Program (PRTQ) allows you to immigrate to Quebec permanently to work without having an employer before arriving on Canadian soil.

To access this program, you must first complete a declaration of interest in immigrating to QuebecTo do this, you must be 18 years of age or older and intend to reside and work in Quebec. You will also need to provide information about your educational and professional background, your knowledge of English and French, and your family situation.

Once all your information has been studied, if your profile matches the needs of Quebec you will receive a invitation to submit an application for permanent selectionYou will need to provide additional information and documents and pay the fees for the review of your application.

After reviewing your application, there are three possibilities:

–Your request is accepted, in which case you will receive your Quebec Selection Certificate (CSQ);

–Your application is refused, in particular if you have not fulfilled all the conditions of the program or if you have not submitted all the requested documents in the given format and within the given timeframe;

-You will be able to present documents or supporting documents to enhance your request, which will be re-examined once these additional documents have been submitted;

The processing time for your application for this program is 15 to 17 months.

B.QUEBEC PROGRAM FOR TEMPORARY WORKERS

This program is for individuals wishing to reside in Quebec and work temporarily. Some Quebec companies turn to foreign recruitment when they have difficulty finding the staff they need in Quebec. 

As part of this program, the positions offered and available are classified according to the median hourly salary in Quebec and each category of position will involve different administrative procedures: 

• High-paying position (equal to or greater than the median hourly wage in Quebec) you must first find an employer in Quebec who wants to hire you temporarily. Your employer must then take certain steps with the Ministry of Immigration, Francization and Integration and then with Service Canada, including a request for a Labour Market Impact Assessment (LMIA), unless your job is exempt from a work permit or the LMIA (details on the Study at the end of the article). Your employer will then need to draw up a written employment contract. You will then need to obtain consent from MIFIC to stay in Quebec to work there temporarily, through permanent selection.If your application is accepted by the Quebec Ministry of Immigration, you will have to submit a work permit application to the Government of Canada.  

• Low-wage position (lower than the median hourly wage in Quebec) if you have found an employer in Quebec wishing to hire you temporarily, in a low-wage position, you must normally obtain a Quebec Acceptance Certificate (CAQ). You may be exempt from obtaining the Certificate when the duration of continuous work is less than 30 days or when the employee is not paid or when the employer is exempt from LMIA or exempt from the requirement to hold a work permit.

If you wish to settle permanently in Quebec after having worked there temporarily, you will be eligible for the Quebec Experience Program (PEQ). 

It can take several months to obtain the documents authorizing you to come and work in Quebec. This period may vary depending on your country of origin. 

C.QUEBEC EXPERIENCE PROGRAM

This program is aimed at qualified foreign workers wishing to obtain a Quebec selection certificate in order to live in Quebec permanently. 

The Quebec Experience Program (PEQ) has two components: one for temporary foreign workers and one for Quebec graduates.

The general conditions for foreign workers are as follows: 

• Have complied with the conditions of your stay in Canada;

• Intend to settle in Quebec to take up employment there; 

• Be 18 years of age or older;
• Have a knowledge of spoken French equivalent to 7; 
• Be legally in Quebec when you submit your application; 
• Be financially independent.

The job(s) you previously held must: 

• Correspond to a profession of level 0, A or B of the CNP;

• Have been legally exercised and full-time on a paid basis (minimum of 30 paid hours per week);

• The job must have been held for at least 24 of the 36 months preceding the submission of your application. 

If you meet all these conditions, you can submit an application for permanent selection in the PEQ on the Arrima platform of the Quebec government.

Once your documents are uploaded to the platform, you will need to pay the fees for reviewing your application. The fees are CAD 8,221 for the principal applicant, CAD 1,761 for spouses and common-law partners, and CAD 1,761 for each dependent child. 

You have 60 days after submitting your application to pay the fees for the review of your application. 

If your application is complete, it will be processed within a 6-month deadline, a period which begins when the Ministry of Immigration, Francization and Integration receives your application for permanent selection, your supporting documents and payment of the fees for examining your application.

When your application is processed, you will need to obtain a certificate of learning of democratic values and Quebec values, a certificate which will be necessary for the success of your application and which must be obtained within 60 days of being requested. 

After reviewing your application, there are three possibilities: 

1. Your application is accepted, in which case you will receive your Quebec Selection Certificate (CSQ). 

2. Your application is refused, in particular if you have not fulfilled all the conditions of the program or if you have not submitted all the requested documents in the given format and within the given deadline.

3. You may submit documents or supporting evidence to support your request, which will be re-examined once these additional documents have been submitted. 

You can then submit an application for permanent selection, following the same procedure as for the Regular Skilled Worker Program (PRTQ). 

D. QUEBEC PROGRAM FOR BUSINESS PEOPLE

The province of Quebec has its own immigration program for business people, and offers a typical multi-step process.

First of all, you need to inform on Quebec and the business community. 

You will then need to develop a business plan, in the form of business plan, which will be at the heart of your application by Quebec. 

Afterwards you will have to do a business immigration application comprising 5 important phases: 

1. Selection phase in Quebec – The candidate must meet the requirements of one of the three immigration programs for business people (entrepreneur, investor, self-employed). If the candidate is selected, he or she receives a Quebec Selection Certificate (CSQ);

2. Eligibility phase in Canada – The applicant and his family members will have to apply for permanent residence and successfully pass the medical examination and security check;

3. Phase of choosing one of the three immigration programs for business people – Each program requires eligibility conditions;
4. Final selection phase which aims to examine specific points of your application based on the chosen immigration program. You may be required to present additional documents or be invited to a selection interview;
5. Admission phase of your application : Once your application is accepted, you must submit the official immigration application and pay the application fee based on the immigration program you have chosen. Finally, you can submit your application to the Canadian government.

The processing time for your application for this program is 50 months. 

In any case, if you get a job offer before arriving on Canadian soil without being part of the programs mentioned in I, II and III, you can apply for a closed permit with a Labour Market Impact Assessment (LMIA): most employers need to obtain this study before they can hire a temporary foreign worker. Your employer will have to fill out a form, according to your professional category, then send it to Employment and Social Development Canada (ESDC) which will verify that the temporary foreign worker fills a need and that no Canadian or permanent resident is available to do the job in question.

^[1]The province of Quebec provides a specific immigration system for skilled workers which is covered in Part III.

^[2]https://www.canada.ca/fr/immigration-refugies-citoyennete/services/immigrer-canada/visa-demarrage/admissibilite.html

^[3]This article does not include the possibility of immigrating through a family member residing in Canada or if you already have work experience in Canada or if you wish to immigrate to Canada as a student.

^[4]This article presents the various immigration programs in Canada, including the main requirements, but is not intended to be exhaustive. It is an article providing an overview of the various programs available to date.