Planning to study in Canada and wondering about the different immigration pathways available? One common route is to initially obtain a work visa and then transition to a study permit. This process often involves a Labor Market Impact Assessment (LMIA), which is a critical component of the immigration process. In this article, we will discuss the transition from a work visa to a study permit, focusing on LMIA.
Visitors in Canada : Work Permit vs Study Permit which one should I apply?
Planning to study in Canada and wondering about the different immigration pathways available? One common route is to initially obtain a work visa and then transition to a study permit. This process often involves a Labor Market Impact Assessment (LMIA), which is a critical component of the immigration process. In this article, we will discuss the transition from a work visa to a study permit, focusing on LMIA.
What is a Work Permit?
A work visa, also known as a work
permit, is a document that allows foreign nationals to work in a specific
country for a specified period of time. It is typically issued by the
government of the country where you intend to work and is subject to certain
conditions and restrictions. Work visas are usually granted based on a job
offer from a Canadian employer, who must obtain a LMIA in most cases, unless
exempted.
LMIA Requirements
In some cases, obtaining a LMIA may be a requirement for obtaining a work visa or transitioning to a study permit. A LMIA is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact of hiring a foreign worker on the Canadian labor market. It is typically required for employers who wish to hire foreign workers and is intended to protect the job opportunities of Canadian workers.
The LMIA process involves several steps, including advertising the job position in Canada, demonstrating that no Canadian workers are available to fill the position, and paying a compliance fee. If a positive LMIA is issued, it means that the hiring of a foreign worker will have a positive or neutral impact on the Canadian labor market, and the employer can proceed with obtaining a work visa or supporting a study permit application.
The requirement for a LMIA depends on various factors, including the type of job, the occupation, and the location in Canada. Some work visas and study permits may be exempt from LMIA requirements, such as those under international agreements, intra-company transfers, and certain types of post-graduation work.
Disadvantages of LMIA Work Permit
- You are limited to working for only one employer, and if you wish to switch employers, you must obtain a new LMIA.
- Even if a business shuts down or you are laid off, you cannot switch employers without a new LMIA.
- Furthermore, many LMIA work permits are for jobs that are classified as C or D skill levels, which can make it challenging to obtain permanent residency.
- Employers have limited options regarding LMIA permits, and changes such as a promotion or transition to a different skill level may not be covered under the original permit. As a result, employees may have no choice but to continue in their current positions.
- Obtaining an LMIA can be a lengthy and complicated process, typically only for short-term employment.
- Additionally, the LMIA is issued by the EDSC, not immigration, and there is a chance that it may be denied during the application process.
What is a Study Permit?
A study permit is a document that allows foreign nationals to study at designated learning institutions (DLIs) in Canada. It is issued by the government of Canada and is required for most international students who wish to study in the country for more than six months. A study permit is usually granted based on acceptance into a DLI and proof of financial resources to support your studies.
Starting from June 1, 2014, visitor in Canada who completes a pre-requsite program inside Canada can apply for a study permit while in Canada. The applicant must furnish a letter of acceptance from the DLI where they are currently enrolled or will be enrolled.
Work Permit VS Study Permit
Work Permit LMIA Advantages & Disadvantages
| Advantages | Disadvantages |
|---|---|
| LMIA provides a way for foreign workers to obtain a work permit and gain valuable Canadian work experience | Restricts you to working for a single employer |
| The LMIA can be used to support applications for permanent residency or citizenship in certain cases | Changing jobs requires obtaining a new LMIA |
| LMIA work permits can be issued relatively quickly for certain positions, allowing employers to fill urgent vacancies | Cannot switch to a new employer if current employer shuts down or lays you off |
| LMIA guidelines are stringent, and factors like promotions or changing to a different skill level may not be permitted | |
| LMIA is usually granted for shorter-term employment and approval process is time-consuming and complex | |
| The LMIA is issued by the EDSC, not immigration, which can be confusing. The LMIA application can be denied, leading to further delays and complications. |
Study Permit Advantages and Disadvantages
| Advantages | Disadvantages |
|---|---|
| Family Sponsorship: With a study permit, you can bring your family with you to Canada, including your spouse or common-law partner and dependent children. | Cost of Tuition Fee |
| Spousal Work Permit: Your spouse or common-law partner may also be eligible to apply for an open work permit, allowing them to work in Canada while you study. | Cultural adjustment: International students may experience culture shock and difficulty adjusting to life in Canada, which can impact their academic performance and overall well-being. |
| Work Opportunities: With a study permit, you are allowed to work on and off-campus, participate in internships, and co-op programs, providing valuable work experience in your field of study. | |
| Post-Graduate Work Permit (PGWP): After graduation, you may be eligible for a PGWP, allowing you to work in Canada for up to three years and gain Canadian work experience, which can be a pathway to permanent residency. | |
| Provincial Nominations: Some provinces offer immigration programs that allow graduates of their post-secondary institutions to apply for provincial nomination, which can provide a faster pathway to permanent residency. | |
| Pathway to Permanent Residency: Studying in Canada can be a pathway to Canadian permanent residency, as the country has many immigration programs designed to attract and retain international graduates. | |
| Citizenship: Time spent as a student in Canada can count towards meeting the residency requirements for Canadian citizenship, allowing you to become a Canadian citizen if you choose to do so. |
Study Permit inside Canada Requirement
As a foreign national in Canada, you can apply for a study permit while visiting the country under section R215(1)(f). Upon submission of your study permit application, you can commence your studies as long as it’s before your visitor status expiration date. However, if your study permit application is declined, you must discontinue your studies.
If you have completed a prerequisite course or program of study in Canada that is essential for admission to a program of study at a DLI, you can also apply for a study permit while in Canada under R215(1)(f)(iii).
To qualify, you must provide a letter of acceptance from a DLI confirming the course as a prerequisite for the main program and evidence of successful completion of the prerequisite course.
You can’t apply for a study permit from within Canada under R215(1)(f)(iii) if you are unable to provide the necessary letter of acceptance or if the letter of acceptance doesn’t specify a language training course as a prerequisite for the main program.
To learn more about changing status please click this blog:
FAQs: Work Permit LMIA vs Study Permit
What is the difference between a work permit and a study permit in Canada?
A work permit allows foreign nationals to work in Canada, while a study permit allows them to study in Canada.
Do I need a Labour Market Impact Assessment (LMIA) to obtain a work permit?
In most cases, yes. Employers in Canada are required to obtain an LMIA to hire foreign workers, unless the work falls under an LMIA exemption.
Can I work while on a study permit in Canada?
Yes, international students in Canada are allowed to work on or off campus while studying, up to 20 hours per week during the academic semester and full-time during scheduled breaks.
Can I apply for permanent residency with a work permit or a study permit?
Both work permits and study permits may be pathways to permanent residency in Canada, but the eligibility requirements and processes differ.
Which permit should I apply for if I want to work and study in Canada?
If your primary goal is to work in Canada, you should apply for a work permit. If your primary goal is to study in Canada, you should apply for a study permit. If you want to do both, you may be able to apply for a study permit with a work permit as an option, or a work permit with study as an option.
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