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Navigating Work Permits & Visa Options for Americans

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An astonishing number of people are relocating to Canada — especially Americans. Since the end of 2014, over 70,000 Americans have been approved for Canadian immigration. In the first half of 2022, that number was just over 5,000. Many people are looking into how to move to Canada from the USA. 

It’s not just Americans that are eager to enter Canada. In 2022 alone, the Canadian government accepted over 400,000 immigrants. Approximately 170,000 of those came from India, China, and Afghanistan. The United States accepts approximately one million new legal immigrants each year

When you look at these numbers strictly from a population perspective, Canada is far beyond the United States. Immigrants comprise approximately 1% of Canada’s population, whereas it only makes up 0.3% of the United States population.

These statistics beg the question: why do so many people want to move to Canada from the US? 

There are many arguments to be made in favor of relocating to Canada. Newcomers to Canada, especially Americans, boast about the beautiful scenery, extensive job opportunities, a good quality of life, and multicultural cities. 

But when it comes down to figuring out how to move to Canada from the USA, it’s not necessarily that easy. Canada has numerous work permits and visas for Americans to navigate through and to ensure they’re the right fit for it. 

Can a US Permanent Resident Work in Canada?

The US and Canada have a healthy — which is of the utmost importance — relationship. A Canadian citizen or and permanent resident is able to visit the US for six months, visa-free. However, this does not enable Americans to work remotely for a US company in Canada. 

Unlike some countries, like European Union Schengen states, remote workers cannot work remotely while visiting as a tourist. In order to achieve this, Americans who visit Canada will need a work permit or visa to carry out their role. 

For those looking to relocate to Canada and work for a Canadian employer, there are also numerous work permits available. So, yes, a US permanent resident can work in Canada and can move to Canada from the US. There are many programs available for foreigners, especially Americans, to find work and relocate to Canada. Basically, with the right programs, figuring out how to move to Canada from the USA is easy.

Essential Information 

Before diving into the numerous types of work permits offered by Citizenship Canada, there is some key terminology and information to be aware of. This includes the Labour Market Impact Assessment (LMIA) and the Global Talent Stream.

What is a Labor Market Impact Assessment?

An LMIA is a document that an employer must provide to the government showing that they tried to domestically find a candidate for a job, but were unable to. As a result, the job role has to be open to foreign nationals who may be best suited for the role.

Only after an employer submits and obtains an LMIA, then they are able to hire a foreign worker. In turn, this allows the foreign worker to apply for a work permit.

Some work permits do not require employers to obtain an LMIA. LMIA exemptions are based on the following:

  • There must be broad economic, cultural, or competitive advantages in Canada
  • There must be benefits enjoyed by both Canadians, permanent residents, and the foreign worker.

What is the Global Talent Stream?

The Global Talent Stream launched in June 2017. Essentially, it helps certain Canadian employers hire skilled workers from around the world. This enables Canadian employers to compete on an international scale. Employers in the program are able to expedite the process of hiring foreign skilled workers. 

Working with the Global Talent Stream means a fast track those looking to move to Canada — the Canadian government aims to process work permits in as little as two weeks.

Work Permits in Canada

If you are looking to move to Canada from the USA to work, there are many different work permits that may be available to you, given you meet the eligibility requirements. Some work permits require employers to complete a Labor Market Impact Assessment (LMIA), while others do not. 

Other work permits have varying eligibility criteria for immigration to Canada. They may require potential candidates to have some sort of connection to Canada, such as family sponsorship, family members in Canada, or education. Others will have specific required documents, like qualifying business purposes, proof of sufficient funds, certificate of language skills, and other supporting documents. 

NAFTA Work Permits

The North American Free Trade Agreement (NAFTA) is an agreement between Canada, the United States, and Mexico. It essentially facilitates substantial trade among the three countries, along with other economic activities. It also allows selected categories of workers into each of the markets. NAFTA Work Permits are issued through the International Mobility Program. 

To be eligible for this, Americans must have a job offer from a Canadian employer. With this program, Americans are able to work in Canada without their employers needing to complete a Labor Market Impact Assessment (LMIA). The NAFTA Work Permit also permits American companies with Canadian branches to easily transfer American employees in senior roles.

Employer Specific Work Permit

This type of work permit also requires a job offer from an employer in Canada. Unlike the NAFTA Work Permit, the Employer-Specific Work Permit requires a Labor Market Impact Assessment (LMIA). However, if you want to switch jobs while on an employer-specific work permit, you will need to apply for a new, different type of work permit. 

Spousal Open Work Permit

This work permit is optimal for those whose spouse or common-law conjugal partner is a temporary foreign worker or international student in Canada. This work permit is also valid if you are undergoing the family sponsorship process. You will need to show a marriage certificate or proof of common-law relationship to be eligible. 

This type of work permit is not employer-specific, so you can enter the job market whenever you wish. As long as your permit is valid, you will be able to switch jobs easily and stay in the country. 

Temporary Foreign Worker Program

The Temporary Foreign Worker Program (TFWP) allows employers to hire the foreign talent they need to succeed. It also guarantees that those on this work permit receive the rights and protections as any other Canadian would receive. Under the TFWP, employers have the ability to hire workers on a temporary basis in the following streams:

  • High wage workers
  • Low wage workers
  • Foreign agricultural workers
  • In-home caregivers
  • Foreign academics

The Temporary Foreign Worker Program requires employers to submit an LMIA. 

International Mobility Program

Similarly to the NAFTA Work Permit Program, the International Mobility Program allows employers to hire foreign workers without obtaining an LMIA. For an employer to hire a foreign worker through the International Mobility Program (IMP), they must complete these steps:

  • Confirm that the position qualifies for an LMIA exemption
  • Pay CAD 230 as a compliance fee
  • Submit the job offer through the International Mobility Programs online employer portal.

Once an employer has completed these steps can they hire foreign nationals. In this program, workers may also be able to qualify for an expedited work permit through the Global Skills Strategy. However, this depends on their position.

Post Graduation Work Permits

An American citizen who has studied in Canada and wishes to stay in the country should look at the Post Graduation Work Permit (PGWP). Unlike those who work under the TFWP, those on this permit are not newcomers to Canada. 

The PGWP is designed for international students who have graduated from designated universities in Canada. The PGWP is an open work permit, which means that it grants international graduates the ability to work for any employer in Canada.

To be eligible for the PGWP, a foreign national must have studied full-time in Canada for at least eight months and be at least 18 years old. In order to apply for the permit, the foreign national must apply within 180 days following the completion of their studies. 

In the long term, the PGWP will help international graduates gain Canadian permanent residency. 

Federal Skilled Worker Program

For Americans who have at least one year of skilled work experience and meet the minimum language requirements in English or French, they may be eligible for the Federal Skilled Worker Program. This program is managed under the Express Entry system and uses comprehensive ranking scores (CRS) to rank candidates. Once in the Express Entry Pool, candidates with the highest scores will receive invitations to receive permanent residency status.

To be eligible, candidates must have experience in a certain role, meet education requirements, have proof of financial support, and must prove that they intend to live in a Canadian province or territory outside of Quebec.

Occupations that would deem a candidate eligible for this program include senior managers in tech, financial services, law, or human resources.

Federal Skilled Trades Program

The Federal Skilled Trades Program (FST) is ideal for foreigners with experience in skilled trades looking into immigration to Canada. Every year, over half of those who move to Canada are skilled workers, and are welcomed through these programs, predominantly the Federal Skilled Trades Program. 

To be eligible for the FST, candidates must meet the following requirements:

  • Two years experience in a skilled trade
  • Minimum language requirements in English or French
  • A certificate of qualification to practice their trade in Canada or a job offer for a Canadian employer.

Canada’s National Occupation Classification (NOC) defines skilled trades as the following:

  • Industrial, electrical, and construction trades
  • Maintenance and equipment operation trades
  • Supervisors and technical jobs in agriculture or natural resources 
  • Chefs, cooks, bakers, and butchers

Canadian Experience Class

The Canadian Experience Class (CEC) is different from the FSW and FST. Unlike the FSW and FST, potential candidates must already have 12 months of full-time skilled work experience in Canada. The candidate’s work experience must have been completed within three years of the application. 

The CEC is the ideal solution for candidates who already have Canadian work experience and want to obtain permanent resident status in Canada. This program is one of the fastest routes to gaining a Canadian permanent residence — it usually takes about four months to complete.

Popular Visas in Canada 

Aside from work permits, there are numerous visas in Canada that enable Americans to settle, work remotely, or develop their own start-ups.

Digital Nomad Visa

Canada’s Digital Nomad Visa is brand new. It allows those who work remotely for a foreign employer or are self employed to reside and work remotely in Canada for up to six months. While this visa will predominantly focus on those who work in the tech sphere, anyone who works remotely can apply. This visa doesn’t require any minimum salary for applicants. 

What’s unique about this visa is that it gives visa holders the opportunity to move to Canada. In the instance that digital nomads receive a job offer from a Canadian employer while residing in the country, they are able to apply for a temporary work permit and stay for up to three years. This visa is planned to launch towards the end of 2023.

Start-up Visa

Canada’s start up visa program is perfect for American entrepreneurs looking to move to Canada and start their new business. To be eligible, entrepreneurs must show that their business will create new jobs for Canadians, has the ability to compete in international markets, and is completely original. 

Settling in Canada: Key Differences

When it comes to settling in Canada, there are key things to note, such as at-will employment, tax obligations, and social security.

At-Will Employment

In the United States, at-will employment is common practice. This means that an employer can terminate an employee for any reason at any time. Once terminated, the employer is not required to provide severance pay. However, in Canada, employees must receive — at a minimum — two weeks’ notice of their termination and receive severance pay. 

Employee Benefits

Employees in Canada are entitled to paid maternity leave, vacation, and several other types of leave that are paid by the employer or social security. The United States, on the other hand, does not legally mandate paid maternity leave — doing so is completely up to the discretion of the employer. 

All Canadian citizens and permanent residents receive publicly funded health care. Public health insurance plans provide comprehensive coverage and therefore are a significant benefit to residents. That said, some Canadian provinces require temporary residents or newcomers to purchase private health insurance for the first few months of their stay. 

Tax Obligations

Moving to Canada from the United States, unfortunately, won’t allow you to stop filing, or in some cases, even paying income tax in the US. Although, the US and Canada both have agreements in place that prevent double taxation and evasion.

While income tax policies in the US and Canada may appear to have similar structures, they’re incredibly different. The most notable difference is that if you’re working in Canada, you’ll probably be paying more taxes. Additionally, if you are married or in a common-law partnership, there is no such thing as joint tax returns. Each individual in Canada must file their own taxes. 

Gaining a Permanent Residence or Canadian Citizenship

Gaining permanent residence or Canadian citizenship is a huge deal for individuals seeking a new chapter in their lives while enjoying their time in Canada. 

A permanent residence provides individuals and families with the opportunity to live and work in the country indefinitely, enjoying social benefits, access to healthcare, and the chance to immerse oneself in the diverse Canadian culture. 

After meeting all of the necessary requirements — which include residing in Canada for a specific period, demonstrating language proficiency, among others — individuals have the ability to become Canadian citizens. 

Citizenship provides individuals with the privilege of being involved in the democratic process, holding a Canadian passport for easy global travel, and enjoying the full benefits of living in a multicultural and welcoming country.

Work With Borderless

Navigating work permits and visas in Canada can be a long, sometimes grueling, task. Make it easy and work with Borderless. Our visa and immigration support will simplify the entire process. Relocate to Canada seamlessly with Borderless.

Learn more about what Borderless can help you with. 

Disclaimer

Borderless does not provide legal services or legal advice to anyone. This includes customers, contractors, employees, partners, and the general public. We are not lawyers or paralegals. Please read our full disclaimer here.

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