What is a Work Permit?

A Work Permit is a document issued by the federal Department of Citizenship and Immigration (CIC) that allows a foreign national who is not a permanent resident to work temporarily in Canada. Work permits specify the employer the foreign worker may work for, the length of time they are allowed to work in Canada, as well as any conditions or restrictions.

When is a Work Permit NOT Required?

A business visitor is a foreign national who seeks to engage in international business activities in Canada without directly entering the Canadian labour market where the primary source of remuneration and place of business remain outside Canada. In general, representatives of foreign businesses wishing to visit Canada to explore investment opportunities or meet with Canadian companies do not require a work permit.

Persons entering Canada to provide after-sales service, including supervising the installation of specialized equipment or machinery purchased or leased outside Canada, or to repair, service or provide familiarization services on such equipment do not require work permits. It is imperative that persons coming to Canada to perform this function have a copy of the original sales or lease agreement detailing the service required. This exemption does not cover workers performing hands on building and construction work that would normally be done by a tradesperson.

Citizens of certain countries may still require a temporary resident visa (TRV) to enter Canada. A TRV must be applied for at a Canadian visa office abroad.

Other work situations described on the CIC website may also not require a work permit.

When is a Work Permit Required?

To work temporarily in Canada, persons who are not Canadian citizens or permanent residents require a work permit. Canadian immigration rules define work as an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.

What is a Labour Market Opinion (LMO)?

Companies wishing to hire a foreign worker should contact Service Canada to apply for a labour market opinion. In issuing an LMO Service Canada considers the employers domestic recruitment efforts, wages and the impact on Canadian workers. If Service Canada determines that the recruitment of a foreign worker will have a neutral or positive impact on employment opportunities for Canadians, the LMO confirmation may be approved. LMO approval is electronically transmitted to Immigration officials and a confirmation approval notice is issued to the employer. Upon receipt of this notice, the prospective employee should be given a copy and instructed to contact the appropriate Canadian Visa office to apply for a work permit. The validity of the work permit is tied to the validity of the LMO approval. A processing fee of $150 is required for a work permit.

Work Permits not Requiring LMO

There are jobs, particularly in senior management categories, where labour market considerations do not apply. The following categories require a work permit, but grant exemption from the need to obtain an LMO:

Intra-company Transfer Employees

Intra-company Transferees include senior executives, managers, and employees with specialized knowledge. The employee must have been employed with a related company for at least one year in the previous three years and have a letter from the company explaining that the employee is being transferred temporarily to a permanent establishment of that company in Canada.

Information Technology Software Developers

Companies seeking to recruit computer software professionals can benefit from the Information Technology Worker Program. The program allows for the recruitment of qualified foreign software workers in seven software development areas without obtaining a specific confirmation from Service Canada. Applicants for a work permit under the IT worker program must present a job offer letter detailing the specific duties of the position being offered, and have evidence of their education, training and work experience establishing their ability to meet the requirements of one of the seven job descriptions.

Spouses of Skilled Workers

Spouses of skilled work permit holders may apply for their own work permit without the need for an LMO. In order to qualify, the principal applicant (skilled worker) must have been approved for a work permit valid for six months or more in a management or high skill occupation as defined in the National Occupation Classification. The applicant does not need to have a written offer of employment from a Canadian employer in order to apply. Applications from spouses already admitted to Canada may be made by mail to the Case Processing Centre in Vegreville, Alberta. A spouse includes common-law or married partner.

Reciprocal Employment

Canadian companies may be able to transfer foreign workers when it can be demonstrated that specific reciprocal employment opportunities exist for Canadians because of the recruitment of these individuals. For example, a Canadian company that maintains an exchange program whereby Canadian employees are relocated abroad to a subsidiary company may benefit from this provision to transfer international staff to its Canadian operations.

Self-Employed Workers

Persons starting a business that will create a significant economic benefit through employment for Canadian residents or other economic activity may qualify for a self-employed work permit. Persons applying under this provision are strongly advised to research their business idea thoroughly and to prepare a comprehensive business plan.

Further details about the requirements for these, and other, work permit categories are available at CIC's Temporary Foreign Worker Manual.

How Can Foreign Workers Apply for Permanent Residence?

Federal Skilled Worker

You may be eligible under the Federal Skilled Worker Program, if:

• you have an offer of arranged employment, OR
• you are a foreign national who has been living legally in Canada for one year as a temporary foreign worker or an international student, OR
• you are a skilled worker who has at least one year of experience in one or more of the occupations listed here.

Applicants who qualify under these instructions are selected on a point system which considers factors of age, education, work experience, arranged employment in Canada, English or French ability and adaptability measures. Applicants must have a minimum of one year experience in a skilled occupation and meet a pass mark of 67 out of 100 points in order to be selected.

For more information on the Federal Skilled Worker Program, please visit the CIC website.

Provincial Nominee Program

Employers may also be interested in Opportunities Ontario: Provincial Nominee Program.

Opportunities Ontario is an immigration program that supports Ontario employers by facilitating the immigration of managerial, professional and skilled foreign workers and international students that are needed.

The province of Ontario nominates those individuals, who meet the program's eligibility criteria, for permanent resident status which is fast-tracked by Citizenship and Immigration Canada (CIC).

For more information, please visit the Opportunities Ontario website.

Persons who have resided in Canada for at least three years as permanent residents are eligible, but not required to apply for Canadian citizenship. Many permanent residents live for many years in Canada without becoming Canadian citizens.

Canadian Experience Class

If you are a temporary foreign worker or a foreign student who graduated in Canada, you may qualify for permanent residence under the Federal Canada Experience Class Program.

To qualify under the Canada Experience Class you must meet these minimum requirements:

• plan to live outside the province of Quebec
• be either:
  • a temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada, or
  • a foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience in Canada
• have gained your experience in Canada with the proper work or study authorization
• apply while working in Canada - or - within one year of leaving your job in Canada

For more information on the Canadian Experience Class, please visit the CIC website.

Persons who have resided in Canada for at least three years as permanent residents are eligible, but not required to apply for Canadian citizenship. Many permanent residents live for many years in Canada without becoming Canadian citizens.