Foreign Academic Handbook: 14
| 14. Frequently Asked Questions 14.1 When do I need a work permit Immigration Regulations require some academics to obtain work permits, but exempt them from the need for HRDC confirmation. Specific circumstances and requirements are described in Section 4 of this Handbook. A Guest Lecturer, Post Doctoral Fellow, Visiting Professor, Exchange Professor, or the direct recipient of a research award (either Canadian or foreign) will require a work permit. Professors whose entry is being facilitated under the terms of the NAFTA or the CCFTA also require work permits without need for HRDC confirmation. Requirements are outlined in Section 5 of this Handbook. Most other persons being recruited for academic positions in Canada require work permits with HRDC confirmation, including Researchers who are not the direct recipients of awards and who are being paid by an award recipient. 14.2 What steps are involved Persons who do not require work permits as described in Section 3 of this Handbook may seek admission at a Port of Entry without first approaching a Canadian Embassy, Consulate, or High Commission unless they need a Visitor's Visa in order to travel to Canada. Persons who require work permits as described in Sections 4 and 5 of this Handbook may also make their application at a Port of Entry or at a Canadian Visa Post abroad unless they need a Visitor's Visa in order to travel to Canada. A current list of countries whose citizens do not need Visitor's Visas is posted on the CIC Web Site Persons who require HRDC confirmation and work permits must apply at a Canadian Visa Post for their work permits unless they are citizens or permanent residents of the United States, or residents of St. Pierre or Miquelin or Greenland. 14.3 How much does it cost Cost Recovery Fees are subject to change. Current Cost Recovery Fees are available at the CIC Web Site 14.4 How long does it take 14.5 Where can I apply for a work permit Under the NAFTA American and Mexican citizens in the Professional category may apply at a Port of Entry for a work permit. They can also apply for Professional status in Canada after having been admitted to Canada as visitors. Citizens of other countries who are in Canada as visitors who need to apply for a work permit may do so at a Canadian Consulate in one of the border cities with the United States such as Buffalo, Detroit, or Seattle. However, they may experience processing delays. 14.6 Can my spouse work Effective October 15, 1998, CIC and HRDC jointly announced a Pilot Project for the facilitated issuance of work permits to spouses of certain highly skilled temporary foreign workers. Under the Pilot, providing the Principal Applicant's occupation falls within the Management Occupations or Skill Level A of the National Occupational Classification Matrix, the spouse may also be issued with a work permit upon presentation of a written job offer, proof of relationship to the Principal Applicant, and the Cost Recovery fee. The work permit of the Principal Applicant must have been issued for a duration of 6 months or more. This Pilot includes spouses of such persons as University Professors, Post-Secondary Teaching and Research Assistants, and many occupations in the Natural and Applied Sciences and Social Sciences. Further information can be obtained from the CIC Web Site Please note that the Spousal Pilot does not apply to spouses of persons who enter Canada under circumstances where a work permit is not required as described in Section 3 of this Handbook. This Pilot augments the existing provisions for spouses of Post Doctoral Fellows from Britain and Australia. These persons are exempt from employment confirmation on the basis of reciprocal opportunities offered to Canadians in those two countries. Open work permits may be issued under Immigration Regulation R20(5)(e)(iii), Confirmation exemption Code E99 for these persons. 14.7 Can my children attend school Dependents destined to post secondary institutions also require Student Authorizations. However, a letter of acceptance and proof of financial ability is required. Pre-school children who attend day care centers, nursery schools, or kindergarten do not require Student Authorizations. 14.8 Do I need a Social Insurance Number Applications must be accompanied by an original or certified copy of a document proving identity and status in Canada. There is no fee for the initial application. HRDC advises that it takes approximately 3 weeks to get the card to the client after the application is approved. 14.9 Am I Eligible for Health Coverage in Ontario
There is a three month waiting period for coverage to begin. The waiting period begins on the date that residency is established. Persons in Canada on work permits, including persons described in Sections 4, 5 and 6 of this Handbook, may be eligible for coverage providing they have a work permit that has been issued for at least six months. The spouse or dependent child under the age of 19 years may also be eligible for coverage under OHIP providing the Canadian employer provides the Ministry of Health with written confirmation of the employer's intention to employ the work permit holder for a period of three continuous years. Visitors to Canada, including those persons described in Section 3 of this Handbook, are not eligible for health coverage. Application for coverage under OHIP must be made in person. The applicant must provide original Immigration documents such as an Immigrant Visa or a work permit. These must be accompanied by supporting documents such as a passport or driver's license to establish identity and residence. Further information is available by calling the Ministry of Health at 1-800-268-1154 or by visiting the Ministry's Web site 14.10 Can I extend my stay in Canada Applications to extend status can be obtained from any CIC Call Center. The number for the Call Centre in the Greater Toronto Area is 973-4444. Outside the GTA, the number is 1-888-242-2100. These applications are processed by CIC in Vegreville, Alberta. Professionals under the NAFTA and the CCFTA are limited to extensions of one year at a time providing the individual continues to comply with the requirements. CIC must be satisfied that employment is still temporary and is not a means of circumventing normal Immigration procedures. Where a work permit was issued based on a confirmation by HRDC, a new confirmation will be required. Cost Recovery provisions apply to requests for extensions. When submitting an application within Canada to Vegreville, clients must use the receipt included with the application and pay all fees at a National Bank of Canada or one of its designated financial institutions as listed in the application instructions. No other form of payment is accepted at Vegreville. 14.11 What if I have a criminal conviction Canada does make provision to allow persons with criminal records into Canada under certain circumstances. If a person was convicted outside Canada and five years have elapsed since the termination of the sentence imposed, they may apply through a Visa Post for the Minister's approval of rehabilitation. The Minister's approval will permanently remove the inadmissibility caused by the conviction. If less than five years have elapsed, or the person is only seeking entry for a single or limited period, then application may be made for a Minister's Permit to come into Canada. In general, applications for Approval of Rehabilitation and Minister's Permits take into consideration the nature of the offenses, the number of offenses on the applicant's record, the length of time since the last offense, reports from parole or probation officers, the purpose for which entry is sought to Canada, and the applicant's standing in the community. The application process can be time consuming and Cost Recovery Fees apply. 14.12 Where can I get more information
In addition to the above, many Canadian Visa Posts have their own internet sites. Links to these sites can be found on the CIC and HRDC sites. |
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