Prashant Ajmera

Prashant Ajmera & Associates
185 Braebrook Ave., Pointe Claire QC H9R 1V4 Canada 
Tel: (514) 697 1597; Fax: (514) 697 9279 E-mail: pajmera@canadaimmigrationvisa.com

www.canadaimmigrationvisa.com

Job offer from Canada - Temporary or Permanent

Due to changes in the Federal immigration regulations that has resulted in the increase in the number of points required to qualify for Canadian immigration, many potential applicants look for a HRDC (Human Resources Development Canada) approved job offer or a work permit to come to Canada within the shortest possible time. Many applicants also try various means of obtaining a temporary or permanent job offer that will add an additional of 10 points to their permanent immigration application.

However, such applicants need to realize that there are some fundamental differences between a temporary work permit and a job offer validated by HRDC.

Obtaining Temporary Work Permit:

The first step in this process is for a Canadian company/employer to look for workers within Canada. If they fail to find such a worker in Canada, the Canadian company/employer can look for a foreign worker who fits the job profile. Once it has found such a person, the Canadian company can apply to the HRDC (now known as HRSDC) on behalf of a foreign worker to obtain a Labour Market Opinion (LMO) of the job that has been offered to the foreign worker. When an application is made to HRSDC, the government will look in to the following factors before making a decision about validating the job offer:

• The job offer is genuine.
• The wages and working conditions are comparable to those offered to Canadians working in the occupation.
• Employer has made reasonable efforts to hire or train Canadians for the job.
• The foreign worker is filling a labour shortage that cannot be filled otherwise.
• Employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians.
• The foreign worker will transfer new skills and knowledge to Canadians: and
• The hiring of the foreign worker will not in any way create/affect a labour dispute or the employment of any Canadian worker involved in such a dispute.

If this application is approved, the Canadian company/employer can hire the foreign worker. After the approval of this application, the foreign worker is required to make a visa application at a visa office outside Canada or if they do not require a visa to come into Canada, an application can be made at the border or port of entry.

It is also important to note that job offers can be validated only in those occupations where the Canadian companies/employers can prove that they cannot find a local person in Canada who can perform the job. Shortage of workers in different occupations differs from one area to another within Canada. Presently, the market trend indicates the shortage of skilled labour workers such Tool and Die makers, CNC machinists, Welders, Cooks, Diesel mechanics, etc. On the other hand, in most white collar jobs, there is no shortage of workers in Canada and based on that it will be impossible to obtain a work permit for occupations such as accountants, marketing persons or senior executives, unless some special circumstances arise that necessitate the hiring of a foreign worker in these occupations.

Obtaining Permanent job offer for immigration application:

The new Immigration regulations allow Canadian employers to hire foreign workers on a permanent basis provided the foreign worker does not work for the Canadian employer in Canada until he/she obtains an immigrant visa – a process that takes a much longer time than a temporary work permit. In case of a permanent job offer, the Canadian employer needs to complete and submit a separate application form, along with other supporting documents, to the HRSDC to obtain an Arrangement Employment Opinion (AEO).

An Arranged Employment Opinion (AEO) is given based on the factors:

• The job offer is permanent.
• The job offer is genuine.
• The wages and working conditions offered for the job are comparable to those offered to Canadians working in the occupation.
• The employment is full-time, not seasonal.
• Skill level of the job offer offered is O, A and B of NOC list; and
• Job offer is not from the province of Quebec.

If this application for permanent employment is approved, the foreign employee will receive 10 additional points for an arranged job offer and five additional points for adaptability factor. It may be noted that in this case the employer does not have to prove that there exists a shortage of workers in order to obtain an AEO. However, though it may appear to be an easy process, many Canadian employers are reluctant to be a part of this process since the time taken for the foreign employee to obtain permanent immigration and arrive in Canada can be very long, sometimes even a couple of years. 

This lure of obtaining 15 additional points by means of a permanent job offer is exploited to the hilt by many dishonest agents who will make false promises of obtaining a permanent job offer to the applicant from a Canadian employer and charge exorbitant fees for the same. 

The Canadian government has tried to counter illegal means of obtaining such job offers by introducing strict licensing requirements for immigration consultants and a code of conduct for immigration lawyers. Now the government also thoroughly checks the background of the employers or the companies giving the job offer. However, dishonest agents the world over always find new ways of milking innocent, gullible people of their hard-earned money.

For More  Information about Canada immigration Please Contact : 
Prashant Ajmera & Associates
185 Brae brook Ave., Pointe Claire QC H9R 1V4 Canada 
Tel: (514) 697 1597; Fax: (514) 697 9279 E-mail: pajmera@canadaimmigrationvisa.com