There are different types of temporary work permits, and they vary between an open work permit to a closed one. An open work permit allows its holder to work in any field of employment, and for any employer, anywhere in Canada. A closed work permit restricts the temporary foreign worker to a specific field of employment, for a specific employer, in a specific location within Canada.
The attainment of a work permit requires the issuance of a positive Labour Market Opinion from HRSDC that forms a part of Service Canada. The Labour Market opinion will examine in depth the impact that a positive decision will have on the Canadian market (as a matter of precedent and as a specific case). A positive Labour Market Opinion constitute the basis for the temporary work permit application.
The immigration regulations state the considerations that HRSDC will take into account when making its decision:
- How will the offered employment directly affect the creation of Canadian jobs or the preservation of existing ones.
- is it reasonable to expect that the proposed employment will cause the creation of work skills or transfer such for the benefit of the Canadian labour market.
- Will the proposed employment respond to a shortage in the Canadian labour market.
- Are the wages and terms of employment reasonable in comparison to those offered in the field.
- Has the employer attempted or was willing to attempt and locate Canadian workers in response to such shortage.
- Will the employment of a foreign worker negatively affect existing labour disputes or the current employment of a Canadian resident involved in a work related dispute.
As evident, the submission of such application requires a substantial body of evidence with respect to the recruitment efforts from domestic labour market. In addition, macro statistical evidence is also required with respect to the proposed employment, as well as micro level evidence relating to past employer behaviour.