Work Permit

This application is for people who are not Canadian citizens or permanent residents of Canada and who wish to work temporarily in Canada. A work permit is issued if the application is accepted.

 

A worker may be authorized to work without a work permit, or may be authorized to work by the issuance of a work permit.
The general rule is that a foreign national must apply outside Canada for their work permit, however, situations where a work permit may be obtained at the Port of Entry (POE) or within Canada.

Work without a Work Permit – Business Visitor
Work without a work permit —Implied status
Persons who may apply at a Port of Entry (POE)
Persons who must apply outside Canada
Work Permit Duration
Spouses or common-law partners of skilled workers

Open Work Permit for Provincial Nominees
Refugee claimants – Work Permits
Applicants in Canada
Open work permit
Extending your stay
Restoration of Status

Work without a Work Permit – Business Visitor

This broad category facilitates the entry of persons to Canada who intend to engage in business or trade activities, and parallels the NAFTA business visitor criteria. Included in this category are persons providing after-sales service.

Work without a work permit —Implied status

It allows for persons to continue working under the conditions of an expired work permit, as long as they applied for a new work permit before the original work permit expired and have remained in Canada. Once the decision has been made, the applicant will either have to leave Canada or will continue as a worker who holds a valid work permit.

Application for a work permit

Persons who may apply at a Port of Entry (POE)

  • All nationals or permanent residents of the U.S., and residents of Greenland and St. Pierre and Miquelon (contiguous territories);
  • Persons whose work does not require an LMIA
  • Persons whose work requires an LMIA, as long as it has been issued before the worker seeks to enter

Persons who may apply from within Canada

  • Holders of work or study permits and their family members;
  • Persons currently working in Canada, not requiring a work permit who are applying for secondary employment in Canada as long as they are not business visitors;
  • Holders of temporary resident permits (TRPs) valid for a minimum of six months and their family members;
  • Refugee claimants and persons subject to an unenforceable removal order;
  • In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for PR status: live-in-caregiver, spouse or common-law partner, protected persons, H&C;
  • Persons whose work permits were authorized by a mission abroad, where the permit was not issued at a POE;
  • Mexican citizens who have been admitted to Canada as temporary residents may apply for a work permit under any NAFTA category. U.S. citizens admitted as temporary residents may apply in Canada under the Professional or intra-company transferee NAFTA categories only.
  • Foreign nationals who have the written permission of DFAIT to work at a foreign mission
  • (embassy, consulate or high commission) in Canada.

 Persons who hold a valid work permit, who wish to change their conditions or renew their work permit should apply inland. However, urgent situations do arise where clients need to change employers, or quickly renew a work permit which will soon expire. If a person seeking entry into Canada meets the requirements, their work permit application shall be processed at the POE. Persons whose work permits expire while they are out of the country must be facilitated at the POE if they are eligible to apply. They must provide the officer at a POE with sufficient documentation to satisfy the officer that the client meets the requirements for the category in which they are applying.

 Persons who must apply outside Canada

  • All persons who require a TRV;
  • All persons who require a medical examination – whether TRV required or visa-exempt – unless valid medical examination results are available at the time of entry;
  • International youth exchange program participants other than U.S. citizens or permanent residents, unless approved by the responsible visa office (that administers the DFAIT-granted quota) abroad;
  • Seasonal agricultural workers;
  • Live-in caregivers.

Persons who hold a valid work permit, who wish to change their conditions or renew their work permit should apply inland. However, urgent situations do arise where clients need to change employers, or quickly renew a work permit which will soon expire. If a person seeking entry into Canada meets the requirements, their work permit application shall be processed at the POE. Persons whose work permits expire while they are out of the country must be facilitated at the POE if they are eligible to apply. They must provide the officer at a POE with sufficient documentation to satisfy the officer that the client meets the requirements for the category in which they are applying.

Employers can apply for an LMIA for Lower-skilled jobs
Job qualifications include a high school diploma at most, or maximum of 2 years of job specific training.

Initially, after 48 months of employment in the LSP, temporary foreign workers were to return to their country of permanent residence for at least 4 years before applying for another work permit under the Low Skill Pilot (i.e.48 months in, 4 years out).  The requirement to return home has since been rescinded.
Employers pay return air-fare, ensure that affordable and suitable accommodation is available, provide temporary medical insurance coverage for the duration of the employment, register workers with provincial workplace safety insurance plans, sign an employer-employee contract and demonstrate continued efforts to recruit and train Canadian workers.

Note: The cumulative duration regulation establishes a maximum allowable duration of four years that a temporary foreign worker can work in Canada, followed by a period of four years in which the worker would not be eligible to work in Canada. It takes effect April 1, 2011 for all TFWs; therefore, the earliest date that a TFW could reach the four-year cumulative duration is April 1, 2015.

 Exceptions

The four-year cumulative duration will not apply to TFW’s entering under one of the following occupations:

  • TFW’s seeking to work in managerial (NOC 0) or professional occupational (NOC A);
  • TFW’s who have applied for permanent residence  and have received:

               – a Certificat de sélection du Québec (CSQ) if applying as a Quebec Skilled Worker;

               – a Provincial Nominee Program (PNP) certificate if applying as a provincial nominee;

               – an approval in principle letter if applying under the Live-in Caregiver Class;

               – a positive selection decision if applying under the Federal Skilled Worker Class;

               – a positive selection decision if applying under the Canadian Experience Class;

  • TFWs who are employed in Canada under an international agreement, such as NAFTA, the Seasonal Agricultural Worker Program, or another agreement;
  • TFWs who are exempt from the Labour Market Impact Assessment process
  • Spouses and common-law partners of international graduates participating in the Post-Graduation Work Permit Program and highly skilled TFWS;
  • Charitable or religious workers;
  • Entrepreneurs, intra-company transferees, researchers and academics;
  • Others for purposes of self-support (refugee claimants) or humanitarian reasons (destitute students, holders of Temporary Resident Permits valid for at least six months).

Provincial Nominee Program

The duration of the work permit should be equivalent to the duration of the job offer.“TFW-PNP” should be entered in the “Remarks” field to facilitate differentiating between the PNP and the TFW-PS provincial selection types.

Note: If there are any obvious potential medical or security concerns, these should be dealt with before any work permit is issued.

Note: It is not necessary that the application for permanent residence of the foreign national has been received by CIC for the work permit to be issued.  The letter from the province is sufficient to trigger this LMIA exemption.

Work Permit Duration

The initial work permit can be issued for a maximum of two years, and subsequently extensions are possible only if a proof of selection by a province is provided. It is expected that the province will decide during this two-year period whether or not to nominate the person.

Note: It is not necessary that the application for permanent residence of the foreign national be received by CIC for the work permit to be issued. The letter from the province is sufficient to trigger this LMIA exemption.

Canadian Interests: Intra-company transferees

The intra-company category was created to permit international companies to temporarily transfer qualified employees to Canada for the purpose of improving management effectiveness, expanding Canadian exports, and enhancing the competitiveness of Canadian entities in overseas markets.

General requirements

Intra-company transferees may apply for work permits under the general provision if they:

  • are seeking entry to work in a parent, subsidiary, branch, or affiliate of a multi-national company;
  • will be undertaking employment at a legitimate and continuing establishment of that company (where 18-24 months can be used as a reasonable minimum guideline);
  • are taking a position in a Executive, Senior Managerial, or Specialized Knowledge capacity;
  • have been employed (via payroll or by contract) by the company outside Canada in a similar full-time position (not accumulated part-time) for one year in the three-year period immediately preceding the date of application.

Spouses or common-law partners of skilled workers

Spouses or common-law partners of skilled people coming to Canada as temporary foreign workers may themselves be authorized to work without first having a confirmed job offer.

Eligibility requirements of the principal foreign worker which allow the spouse to qualify for a work permit are as follows:

  • The principal foreign worker must be doing skilled work
  • These skill levels include management and professional occupations and technical or skilled tradespersons.
  • The principal foreign worker must either hold a work permit that is valid for a period of at least six month’s duration.
  • The principal foreign worker and spouse must physically reside, or plan to physically reside in Canada while working.

Note: Spouses or common-law partners of work permit holders who have been nominated for permanent residence by a province will be entitled to open work permits for the duration of the work permit of the provincial nominee principal applicant, irrespective of the skill level of the principal applicant’s occupation. While there is reluctance on the part of CIC and HRSDC/SC to support work permits for lower-skilled workers because their skills profile would not normally qualify them for permanent immigration to Canada, concerns regarding these persons going out of status and remaining in Canada illegally are mitigated when the foreign national has been nominated for permanent residence. If a province feels a foreign national is sufficiently needed in its labour market to nominate that person, then having that job filled is clearly important, irrespective of where in the NOC that particular job is classified.  Since, in the long run, the spouse or common-law partner is going to be a member of the Canadian labour market anyway, allowing them to enter the market and begin work as soon as possible will hasten the integration process.

Work permit issuance:

The spouse’s or common-law partner’s work permit may be issued for a period that ends no later than the work permit of the principal foreign worker, or for the duration of employment of the principal worker.
The spouse or common-law partner may be issued an “open” work permit, i.e., not job specific.

Canadian interests: Charitable or religious work

LMIA exemption applies to charitable or religious workers who are carrying out duties for a Canadian religious or charitable organization and whose duties while in the service of the Canadian religious or charitable organization would not be competing directly with Canadian citizens or Permanent Residents in the Canadian labour market. It does not apply to religious workers who are entering to preach doctrine or minister to a congregation, as these people can be authorized to enter Canada.

Note: A non-profit organization is not necessarily a charitable one. A charitable organization has a mandate to relieve poverty, or benefit the community, educational, or religious institutions. 

Refugee claimants
The onus is on applicants to prove that they are unable to subsist without public assistance. Officers may accept any evidence that satisfies them that the person meets this requirement.

Proof may be, but is not limited to, a letter or cheque stub from the provincial social service department. It is not the intent that refugee claimants apply for social assistance before being issued a work permit.

The following foreign nationals are eligible for a work permit:

  • persons who have been issued a removal order that is not in force or that has been stayed;
  • persons whose removal orders cannot be enforced as soon as reasonably practicable because they are persons to whom a notification to apply for PRRA will be given by the Department. While they are subject to a removal order that is in force, the removal order is still ‘unenforceable’.

Medical results

Refugee claimants are given medical instructions upon making their claim. A work permit may not be issued until the officer has received the results of the medical exam for the claimant.

Duration of Work Permit

The work permit should be valid for a period of 24 months from the date the applicant’s claim was forwarded to the IRB. This period is based on an estimate of the time it takes to have a claim considered by the Board. Subsequent renewal periods may be for periods of 12 months, or less, depending on the circumstances of the applicant. Both initial issuance and extensions of work permits may only be granted if the applicant has demonstrated compliance in pursuing their claim or appeal (i.e., not delayed the procedure through adjournments or no-shows).

For both refugee claimants and persons subject to an unenforceable removal order, the work permit ceases to be valid at the end of the validity period or when all legal re-courses that allow the person to remain in Canada have been exhausted.

Applicants in Canada

Applicants who have been determined eligible as members of certain in-Canada permanent residence classes and includes protected persons (whether they have applied for permanent resident status or not).

 Open work permit

An open work permit enables the person to seek and accept employment, and to work for any employer for a specified period of time. An open permit may, however, restrict the occupation or location. Open work permits should not be issued unless the person concerned may be issued a work permit that is exempt from an LMIA.

Types of open work permits

There are two types of open permits that are presently used: those that are unrestricted, and those that restrict the occupation. Open work permits may be issued with or without occupational restrictions, depending on the applicant’s medical status.

1. Open/unrestricted work permit – the employer, location and the occupation are unrestricted issued to any eligible applicant who has passed a medical examination for immigration purposes

2. Open/occupation restricted work permit – the employer is open (or unspecified), however, an occupation restriction must be specified as the person cannot work in jobs where the protection of the public health is required; issued to someone who has not completed an immigration medical examination; The occupation restriction, where applicable, will be stated in the medical narrative (e.g., the physician may note that an epileptic should not be a pilot, work near open machinery or at heights). The restriction, not the actual medical condition, should be noted on the work permit. The restriction must be inserted in the “Remarks” section of the work permit.

 Open Work Permits may be issued:

a) members of the live-in-caregiver class who have met the requirements for permanent residence;
b) members of the spouse or common law class, who have satisfied an officer that they meet the requirements;
c) persons upon whom protection has been (convention refugees, successful PRRA applicants, etc.);
d) H and C: persons for whom an eligibility or admissibility requirement(s) has been waived such that they may become a permanent resident;
e) family members of the above who are in Canada.

Extending your stay

You may apply to extend your stay in Canada if your situation has been changed in one of the following:

  • your job is extended or changes – If your job is extended or changes, you must apply to extend or change the conditions of your existing work permit before it expires.
  • you are offered a different job in Canada – If you are offered a different job in Canada, you must apply for a new work permit. Do not start your new job without a new work permit.
  •  you want to live and work in Canada permanently – A work permit lets you work in Canada temporarily. If you want to stay in Canada permanently, you must qualify under one of the permanent resident categories, such as the skilled worker category.
  •  you leave Canada and then want to re-enter

 Restoration of Status 

If a visitor, worker or student has lost their status, they may apply to reinstate or restore their status. This regulation only applies if the temporary resident has not been out of status for more than 90 days, and they have not failed to comply with the specified conditions. If an applicant applies to renew their visitor status, or their work or study permit, after their temporary resident status has expired, but within the 90-day restoration period, CPC-Vegreville will inform them that they must also apply for restoration of their status, if they have not already done so. The applicant will then have 90 days from the date of notification to submit their restoration application and the corresponding fee, which is presently $200.

Restoration of status cannot be granted at the POE. If they leave Canada, they will be deemed to be seeking a new entry on their return. 

Three possible scenarios which fall under the purview of restoration of status can be described as follows:

1. A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.

2. A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.

3. A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.

Note: A person must still satisfy the officer that they are a genuine temporary resident and meet all the requirements, in order to qualify for restoration.
 
Interested in submitting an application under this category? Please click here for free consultation.