I want to work in Canada - News - Jamaica Gleaner - Tuesday | March 18, 2014

I want to work in Canada - News - Jamaica Gleaner - Tuesday | March 18, 2014



Dear Ms Powell,

I was born in Jamaica and work in Jamaica, but I am also a citizen of the United States (US). I am interested in working in Canada and I heard that US citizens can work in Canada without applying for a work permit. Is this so? How would I go about doing this? How long could I work? Is this possible under the North American Free Trade Agreement (NAFTA)?

- CJ

Dear CJ,

There are very few jobs that would require a non-resident/citizen of Canada to work without a valid permit. Since you are a citizen of the US, to be able to work in Canada, you would need to fall in one of the following categories:

1. Become a permanent resident;

2. Work in one of the specified fields that do not require a work permit, for example: some business visitors, athletes, clergy, performing artistes, public speakers, news reporters, film and media crews;

3. Have a job offer from an employer who has already obtained a positive labour market opinion thereby allowing you to apply for a work permit;

4. Fall into one of the categories of workers which are not required to provide proof of a positive labour market opinion such as intra-corporate transferees, provincial nominees, and NAFTA workers.

You have not indicated your training or expertise, however, some citizens of the US and Mexico may be eligible to work in Canada under NAFTA and receive a valid work permit for a specific period of time if they fall into a certain category of workers.

In order to qualify under NAFTA, you must fall into one of the following categories: business, trade or investor, intra-company transferee, and professionals.

To qualify under the NAFTA professionals category, applicants must have a job offer from a Canadian employer in one of the 60 recognised occupations. I will not name all the professions here as this list can be found on the  Citizenship and Immigration Canada website 

 The following popular professions are included:

❏ Accountant

❏ Architect

❏ Engineer

❏ Graphic designer

❏ Hotel manager

❏ Interior designer

❏ Land surveyor

❏ Lawyer

❏ Librarian

❏ Management consultant

❏ Social worker

❏ Urban planner

❏ Pharmacologist

❏ Dentist

❏ Veterinarian

❏ Nutritionist

❏ Occupational therapist

❏ Pharmacist

❏ Physician (teaching or research only)

❏ Physiotherapist

❏ Psychologist

❏ Registered nurse

❏ Teachers: college, university, seminary.

Applicants must meet the minimum education and/or experience requirements related to each profession and provide proof of this. If you qualify as one of the professionals in the named occupations list, then you can apply for a work permit at one of the points of entry or at a visa office before departing to Canada.

Documents needed to support the application:

❏ Proof of American or Mexican citizenship.

❏ Confirmation of pre-arranged work, i.e.:

1. An employee-employer relationship with a Canadian enterprise; or

2. A contract between the professional and a Canadian enterprise; or

3. A contract between the professional's American or Mexican employer and a Canadian enterprise.

❏ Details of the position (title, duties, duration of employment, salary);

❏ Educational qualifications or alternative credentials required for the position (certified copies of degrees, diplomas, professional licences, accreditation or registration, etc).

You should note that the professionals category does not allow self-employment in Canada.

You will also need to satisfy an immigration officer that you intend to leave Canada at the end of your employment contract. Additionally, you should prove that you have no criminal record and that you are in good health and have enough money or will earn enough money to support yourself during your stay in Canada.

Initial work permits may be granted for durations of up to three years. You may apply for extensions as these are issued in increments of up to three years, with no limit on the number of extensions, provided that you continue to comply with all the requirements.

You should note that there has recently been political talk about a possible renegotiation of the NAFTA agreement, so if you qualify at this time, then I suggest that you submit your application immediately. If you have concerns about your ability to qualify, or if there are admissibility concerns, then you should speak directly with an immigration lawyer to guide you.

Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, personal injury, commercial, family, and administration of estates. She is on the roster of mediators for Ottawa, Toronto, and the Dispute Resolution Foundation of Jamaica. Submit your questions and comments to: Email:info@deidrepowell.com. Subject line: Immigration. Tel: 613-695-8777.