No word since telephone call - News - Jamaica Gleaner - Tuesday | July 23, 2013

No word since telephone call - News - Jamaica Gleaner - Tuesday | July 23, 2013

Dear Miss Powell, 

I have applied for several jobs in Canada and recently did a telephone interview. The interview was very positive and I was getting excited about moving to Canada. A woman from the company called back to find out "what is my status in Canada" and if I had a work permit. I explained that I have a temporary - resident visa. She said, sorry, and I never heard from them again, despite the many messages left. Can't I work as a resident? How do I get the required status? - FH

Dear FH,

You are very fortunate to have received an interview and even a second call, so congratulations. When you are asked, "what is your status in Canada", your prospective employer is trying to assess if they can legitimately hire you without the onus being on them to assist you with obtaining the requirement to work.

You cannot work in Canada with an ordinary temporary-resident visa. A temporary resident visa is the same as a visitor's visa. You are not permitted to work or to have access to certain benefits as a tourist or visitor to Canada. If you work as a temporary resident, you risk the possibility of being deported and even permanently barred from re-entering Canada.

In order for a foreign person to work in Canada, at least one the following must be satisfied:

1. Provide proof that you are a landed immigrant or that you have been granted permanent residence;

2. Grant of citizenship;

3. Valid work permit;

4. International full-time student with ability to work for a limited number of hours;

5. Business visitors under the NAFTA agreement;

6. Business visitors under other free-trade agreements such as the Canada-Chile FTA and the Canada-Peru FTA;

7. General agreement on trade of services such as performing arts, clergy, military personnel, news media.

This list is not exhaustive. However, generally, Jamaicans do not fit into the last three categories, as Jamaica is not a signatory to these agreements with Canada.

If you do not fall into any of the above categories, your best chance of being able to work in Canada would be through an arranged employment process or a valid job offer. I know this is a 'chicken and egg' situation, as to be able to work in Canada you will need to get a work permit or fall into one of the above categories. In order to get the work permit, you need to prove that you have arranged employment or a valid job offer.

Before an employer can give you a job offer, many jobs require that an employer first obtain a positive Labour Market Opinion (LMO), which authorises the employer to submit a valid job offer. This LMO is issued by Human Resources and Skills Development Canada, which assesses whether the employment of a foreign worker will have a positive or negative impact on the job market in Canada. Essentially, if there are people in Canada who are available and have the skills to do the particular job, it may be difficult for the employer to get a positive LMO. Many Canadian employers would love to hire temporary foreign workers. However, they find it difficult to meet the requirements to get a positive LMO.

You appear to have a skill/ experience which is being sought by the prospective employer. Therefore, I recommend that you consult with an immigration lawyer to see if you qualify to immigrate to Canada as a Federal Skilled Worker, under one of the 24 eligible occupations or under the Federal Skills Trades Program, or qualify for family sponsorship.

Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada Bars, with office located in Ottawa, Ontario. Her areas of practice are in immigration, personal injury, real estate, family, commercial and estates law. She is on the roster of mediators for Ottawa, Toronto, and the Dispute Resolution Foundation of Jamaica. Email: info@deidrepowell.com. Subject line: Immigration.