Since the inauguration of President Trump in the United States, there has been a surge in interest among American citizens in immigrating to Canada, particularly from those within the 2SLGBTQI+ community. Although there is no dedicated immigration pathway for 2SLGBTQI+ individuals, there are a number of economic pathways available for American citizens to apply for temporary residence and work authorization in Canada. Below is a brief overview of some of these work permit application options, many of which can be made quickly and lead to temporary resident status in Canada:
Work Permits Under the Canada-United States-Mexico Agreement (CUSMA)
American professionals, intra-company transferees, traders, and investors may utilize the mobility provisions in the Canada-United States-Mexico Free Trade Agreement. Specifically, American professionals and intra-company transferees may be able to apply for a Canadian work permit relatively quickly and upon entry to the country. Applications to work as a Trader or Investor should be filed to a Canadian visa office to be processed.
Under the Professionals category, US citizens can obtain a work permit if they have a pre-arranged contract with an employer in Canada and the necessary education, licensing and certification for certain professional jobs in Canada. Eligible occupations include accountants, engineers, graphic designers, lawyers, nurses, management consultants, scientists, social workers, and veterinarians, among other professions. The initial length of stay under this category is three (3) years and work permits can be renewed.
Under the Intra-Company Transferees category, a United States citizen working for a company with a parent, subsidiary, branch or affiliate in Canada can apply to enter Canada to work in an executive, senior managerial, or specialized knowledge capacity. Applicants must have been continuously employed at the American enterprise outside Canada in a similar full-time position for at least one (1) year in the 3-year period preceding the date of the application. The initial length of stay under this category is three (3) years and renewals are possible.
Finally, American citizens may apply for a work permit in Canada as a Trader or Investor. Traders carry on substantial trade in goods or services principally between Canada and the United States or Mexico and may qualify if they will be working in Canada for an employer with American or Mexican nationality in a supervisory or executive capacity, or if they have essential skills. Investors have made, or are actively making, a substantial investment in Canada in a real and active commercial or entrepreneurial undertaking and must have an offer of employment to work in an executive or supervisory capacity, or one that involves essential skills, from an enterprise in Canada with American or Mexican nationality. The initial length of stay under these categories is a maximum of one (1) year and extensions are possible.
Work Permits Under the Francophone Mobility Program
American citizens who can demonstrate an intermediate proficiency in the French language may utilize the Francophone Mobility Program. Under this program, foreign nationals can apply for a work permit if they can prove that their speaking and listening skills in French are at an intermediate level and if they have an offer of employment for a job located outside of the Province of Quebec. Currently, occupations of all skill levels (high- and low-skilled jobs) are eligible, except for positions in primary agriculture. Francophone Mobility work permit applications may be made upon arrival to Canada. Applicants may request a work permit for a duration of up to three (3) years and renewals are possible. Just as an aside, the Francophone Mobility work permit may also be an option for non-Americans who speak French.
International Experience Canada
International Experience Canada (“IEC”) is a program that allows eligible citizens of countries with which Canada has a youth mobility agreement to apply for work permits in Canada. Applicants typically must be between the age 18 and 30 or 35, depending on the agreement. Canada does not have a youth mobility agreement with the United States, however, US citizens between the age of 18 and 35 may be nominated by a third party Recognized Organization to participate in the IEC program. Recognized Organizations nominate a small number of American citizens to apply for IEC work permits each year. Participating in IEC with a nomination from a Recognized Organization may be a good option for young Americans who do not already have a job offer from a Canadian business. IEC work permit applications must be filed to a visa office and pre-approved before travel to Canada. Work permits can be issued for up to one (1) year.
Labour Market Impact Assessment (LMIA) Based Work Permits
For American citizens and other foreign nationals who do not qualify for an LMIA-exempt work permit category, including those outlined above, their prospective employer in Canada will need to obtain a positive LMIA from Employment and Social Development Canada/Service Canada before a work permit application can be made. The timeline to obtain an LMIA can range from two (2) weeks to five (5) months or more depending on the occupation, wage offered, and work location in Canada. A positive LMIA may be issued to a Canadian employer who demonstrates a need to hire someone and (usually) that no qualified Canadians or permanent residents are available for the job.
Once the employer has a positive LMIA, the foreign worker can apply for a work permit, and American citizens may typically do this upon arrival in Canada. Applicants must demonstrate they are qualified for the job and are otherwise admissible to Canada. The work permit may be issued for a duration of up to three (3) years, per the details approved in the LMIA.
There has been a drastic increase in interest in relocating to Canada from US nationals, many of whom are members of the 2SLGBTQI+ community, and there are many work permit options available to all American citizens who qualify. Our firm has the expertise to help you access the program that will work for you and transition quickly to temporary residence in Canada. If you or a loved one are an American citizen and interested in relocating to Canada to work, please contact us to set up a consultation.
