How to Immigrate to Canada Through Employment

There are a limited number of ways to immigrate to Canada. The most common way is still through a family category( getting married or being spouse of someone that applied and is resident or a citizen) . The second most common way is through employment.  ( company transfer, job offer or work internship)

One of the most recent common paths to residency that does not involve immigrating through a family member is from student to TW (temporay work)  to SKV (skill worker visa)  to permanent resident. It is important to understand that employment based permanent residency is for a job in the future. In other words, this is a prospective position. This means that there are cases where an employee may work for other employers while a different employer petitions for their residency.

Different Employment Categories

There are a variety of different employment categories under which a person may seek residency. Briefly they include:

1st: Priority workers – Aliens with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers.

2nd: Members of professions holding advanced degrees or aliens of exceptional ability.

3rd: Professionals, skilled, and other workers.

4th: Special immigrants.

By far the most common categories utilized by intending immigrants are the second and third preference categories. With limited exceptions the employer will have to test the Canadian job market to show Canada Human Resources that there are no qualified Canadian workers available for the position in the geographic area of employment.  Most  Canadian citizens or lawful permanent resident are authorized to work. Individuals on non-immigrant visas are not considered “Canadian workers” for the purposes of the test of Canada Human Resources or the labor market.

The employer will have to run ads in a variety of media such as newspapers, journals, internet job sites, state job banks, etc. These ads have a limited shelf life and, assuming that no qualified Canadian worker comes forward, the employer will have to file a request for job offer with Human Resources in under consecutive or at least 180 days from the date the first ad was placed or the employer will have to run the ad again if it is needed to satisfy their burden under the law.

Once AEO is filed Human Resources  will certify the case, deny the case, or audit the case to make sure that all the appropriate steps were followed.

Assuming the case is verified and certified the employee can begin the immigrant visa process with Canada Immigration Services. This is where the category of employment is important. The availability of visas for each category fluctuates and  Canada Immigration must be reviewed to determine the appropriate path for the next step.

Marisol Diaz has been writing on legal research and Canada immigration law since 2006.

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

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