Immigration Corner | Chef wants to work in Saskatchewan

Dear Miss Powell,

My cousin is living in Saskatchewan, and she told me that there is a restaurant that is looking for a chef. I have been working as a chef for the past eight years, so I am interested in the position. I would like to apply for a work permit. Can you tell me what I need to apply for the work permit? How long does it take to get a work permit? Will the employer need to give me a letter so that I can apply? I look forward to your response. Thank you

JB

Dear JB,

Before you can apply for a work permit as a temporary foreign worker, your prospective employer must provide you with proof that he has a positive Labour Market Impact Assessment (LMIA) report. An LMIA report is prepared after the employer has applied to Employment and Social Development of Canada and provided the requisite documents to prove that he has advertised the position in Canada and that he has not been able to fill the position with someone who is already in Canada.

An LMIA basically ensures that a temporary foreign worker is not taking the job of someone who is already in Canada who is willing and able to fill the specific position. Since the employer is in Saskatchewan, he is also required to register with the Ministry of Immigration and Carrer Training to obtain a certificate of registration, as outlined under the Immigration Services Act.

The employer must have advertised the position for a minimum of four weeks and submit documents, such as health permit, current corporate profile report, pay roll summary, lease agreement or land title for the business and other documents, to demonstrate that he is operating a legitimate business and able to adequately support the temporary foreign worker.

Under the new rules, an employer who hires a low-wage worker is now required to pay for the transportation of the employee from his home country. Additionally, the employer now has the responsibility of ensuring that a prospective employee has affordable housing and health insurance. Documents to substantiate this must be provided.

Once the employer has satisfied the requirements and received an LMIA report, your next step will be to apply for a work permit. Your employer will need to provide you with the LMIA report, a valid job offer and contract for a minimum of one year.

APPLICATION

You must submit your application online and provide all the supporting documentation. The key is to demonstrate that you will return to your home country on the completion of the contract, and that you will not breech the immigration rules. That means providing proof of strong social, economic and family ties in your home country.

You will also need to provide a valid passport and birth certificate, and clearly demonstrate that you have the education, skill and work experience to perform the requisite job. If you require a temporary resident visa and your work permit application is approved, you will need to provide your original passport for the visa counterfoil to be issued. You must follow the specific rules relating to the responsible visa office in your region for additional information.

There are standard forms which you must complete accurately and validate where required. The main forms are the Application for Work Permit made Outside of Canada (IMM 1295), Family Information (IMM 5707) and the Use of a Representative (IMM 5476) form, if you are using a paid representative such as a lawyer or immigration consultant.

You should note that the rules have changed about the duration of employment in Canada for workers hired through the low-wage stream. The work permit is now limited to one year, which is a reduction from the previous two-year maximum.

If you or your prospective employer have additional questions, I recommend that you consult with a Canadian immigration lawyer to guide you with the process.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. You may send your questions, comments or book a Zoom/telephone consultation via WhatsApp 613-695-8777. Connect with her via Facebook or Instagram for the latest Canadian immigration news.