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Temporary Work Permits in Canada

Canada has always been a popular destination for skilled foreign workers, who are bringing their expertise and experience into the Canadian Economy.

Types of Work Permits

A. LMIA-based Work Permits

1. In most of the cases, a foreign national cannot apply for a Work Permit without the positive LMIA (Labour Market Impact Assessment). The LMIA application process and its streams are outlined in the specialized Temporary Foreign Worker Program section.
2. The Canadian employer should undergo a vigorous process of obtaining this LMIA document, which grants a right to a foreign national to submit a well-prepared Work Permit application.
3. Also, it is important to note that a positive LMIA provides additional points for a Canadian job offer.
4.

B. LMIA-exempt Work Permits

1. R204: International agreements
2. R205: Canadian interests
3. R206: No other means of support
4. R207: Permanent residence applicants in Canada
5. R207.1: Vulnerable workers
6. R207: Permanent residence applicants in Canada
7. R208: Humanitarian reasons

C. Open Work Permits

1. Post-Graduate Work Permit
2. International Experience Canada
3. Inland Spousal/Common-Law Sponsorship Open Work Permit
4. Bridging Open Work Permit

D. Jobs That Do Not Require A Work Permit

Even though the majority of the jobs in Canada require the employer to obtain a positive LMIA for the foreign national’s work permit, there are some exceptions. Below you will find a list of job types that, with careful consideration, may require neither an LMIA nor a work permit.

IMPORTANT: If you meet the requirements of the below job list, it does not mean that you automatically may engage in employment in Canada. Indeed, a person’s job should meet additional exemption criteria and eligibility requirements, which are outlined as a part of the International Mobility Program section. If a foreign national is employed in one of the positions or scenarios listed below, they may be eligible for a work permit exemption.

1. Athlete or coach
2. Aviation accident or incident investigator
3. Business visitor
4. Civil aviation inspector
5. Clergy
6. Convention organizer
7. Crew member
8. Emergency service provider
9. Examiner and evaluator
10. Expert witness or investigator
11. A family member of foreign representative
12. Foreign government officer or representative
13. Health care student
14. Judge, referee or similar official
15. Military personnel
16. News reporter or film and media crew
17. Producer or staff member working on advertisements
18. Performing artist
19. Public speaker
20. Short-term highly-skilled worker
21. Short-term researcher
22. Student working off-campus
23. Student working on-campus

Work Permit Programs

1. Temporary Foreign Worker Program

Labour Market Impact Assessment process and its streams:

a. High Wage Workers
b. Low Wage Workers
c. Foreign Agricultural Workers

Under the Temporary Foreign Worker Program, the Canadian employers are prompted to obtain a neutral or positive Labour Market Impact Assessment (LMIA), a complex application, which is processed by the Employment and Social Development Canada (ESDC). The process, which involves recruitment efforts, selection reports, proof of business legitimacy, which results in an inability to find a Canadian citizen or permanent resident with the right set of skills and required expertise.

Upon the receipt of the positive or neutral LMIA, the employer provides a copy of the LMIA approval along with the detailed job offer letter to the foreign worker it wishes to hire. A foreign national then may proceed with the LMIA-based Work Permit application, which requires different from the LMIA application set of documents, proof of employment experience ability to fulfil the required job duties, etc. This application process differs from the LMIA application itself and should be treated very seriously, as the LMIA approval letter does not constitute to be a guarantee for a Work Permit approval.

2. International Mobility Program

The International Mobility Program (IMP) enables Canadian employers to hire temporary foreign workers without the need for a Labour Market Impact Assessment (LMIA). While most employers hiring foreign workers will require an LMIA, there are certain circumstances where LMIA-exemptions exist. These LMIA exemptions are based on the following conditions:

broader economic, cultural or other competitive advantages for Canada; and
reciprocal benefits enjoyed by Canadians and permanent residents.

In order to hire a foreign worker through the IMP, a Canadian employer must follow three steps:

a. Confirm the position or worker in question qualifies for an LMIA-exemption;
b. Pay the employer compliance fee of $230 CAD;
c. Submit the official job offer through the IMP’s Employer Portal.

Only after completing these three steps will the foreign national be eligible to apply for their own work permit. LMIA-exempt workers may qualify for expedited work permit processing through the Global Skills Strategy if their position is TEER Category 0 or 1 and they are applying from outside of Canada

Exemptions to LMIA requirements

International Agreements

A significant number of LMIA-exemptions are available through international agreements between Canada and other countries. Certain types of employees can transfer to Canada from other countries, and vice versa, if they are able to demonstrate this will have a positive impact. Canada has negotiated the following Free Trade Agreements, each encompassing a range of LMIA-exemptions:

a. Canada-United States-Mexico Agreement (CUSMA)
b. Canada-Chile FTA / Canada-Peru FTA / Canada-Colombia FTA / Canada-Korea FTA
c. Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
d. General Agreement on Trade in Services (GATS)
e. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Canadian International Agreements

Another popular category of LMIA-exemptions fall under the broad category of Canadian Interest exemptions. LMIA-exemptions under this category must demonstrate that the exemption will be in the best interest of Canada, either by being of significant benefit to Canadians or through the maintenance of reciprocal employment relationships with other nations.

In order to qualify for an LMIA-exemption under the category of significant benefit for Canadians, the employment of a foreign national must demonstrate significant social or cultural benefit to Canada. Generally, immigration officers will assess a foreign national’s past track record of success and examine testimony and recommendations of distinguished experts in the foreign nationals field in order to determine significant benefit.

Some of The examples Include, but are Not limited to:

a. C10 Significant benefits – unique work situations
b. C11 Entrepreneurs – unique work situations
c. C12 Intra-company transferees
d. C13 Emergency repair or repair personnel for out-of-warranty equipment
e. C14 Television and fil production workers
f. C16 Francophone mobility
g. A71 Live-in caregivers whose permanent residence application is submitted
h. C90 Caregivers whose permanent residence application is submitted under the Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) (occupation-restricted open work permit)

3. Global Talent Stream

The Global Talent Stream (GTS) is a two-year pilot program launched in June 2017 through a partnership between Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). The GTS assists certain Canadian employers to hire highly-skilled global talent enabling them to compete on an international scale. Employers who are successfully referred to the program will be able to expedite the process for hiring foreign nationals through the Global Skills Strategy.

4. International Experience Canada

International Experience Canada (IEC) is a set of programs enabling young people from participating countries to travel to Canada to live and work temporarily. Foreign nationals who are successful through one of the IEC programs will be authorized to apply for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA). IEC authorizes temporary stay in Canada, with the approval of work permits for a maximum of one year.

Working Holiday Visa

The Working Holiday visa is ideal for individuals who want the freedom to work for any employers while travelling in Canada. Applicants who are successful through the Working Holiday program receive an open work permit. Open work permits are not tied to specific employers, so individuals have the freedom to change employers and locations while living in Canada. The Working Holiday program is a good option for foreign nationals from participating countries who are seeking the following:

a. Those without a job offer from a Canadian employer
b. Those who want the freedom to work for more than one employer
c. Those who would like the freedom to live in more than one location
d. Those wishing to earn money while travelling

As the Working Holiday program has relatively relaxed requirements, this program is incredibly popular. Canada approves predetermined quotas of applicants for this program on a per-country basis. Applicants interested in this program should verify the quotas for their country in order to gain an accurate understanding of their probability of success.

Young Professionals

The Young Professionals program allows foreign nationals to gain Canadian professional work experience by working with a Canadian employer. This program requires that applicants have a job offer from a Canadian employer in order to apply. Applicants who are successful through the Young Professionals program will be issued an employer-specific work permit. This means they must work for the same employer in the same location during their stay in Canada. The Young Professionals program is a good option for foreign nationals from participating countries who are seeking the following:

a. Those with a job offer from a Canadian employer which contributes to their professional development.
b. Those who intend to work for the same employer in the same location while in Canada
c. Those whose work will be: paid and not self-employed

Generally, a position must be Training, Education, Experience and Responsibilities (TEER) category 0, 1, 2 or 3 of the NOC to be considered as contributing to professional development. Participating countries have varying quotas to be filled annually for this program. Interested applicants should verify quotas for their country to understand the probability of their success.

International Co-op

The International Co-op Internship program allows international students to complete an internship or work placement in Canada as a requirement for their post-secondary education. This program requires that applicants have a job offer for a work placement or internship in Canada which is required for their completion of studies. Applicants who are successful through this program receive an employer-specific work permit, meaning that they must work for the same employer in the same location during their stay in Canada. The International Co-op Internship program is a good option for foreign nationals from participating countries who are seeking the following:

a. Those who are international students registered at a post-secondary institution
b. Those with a job offer for a work placement or internship in Canada
c. Those requiring a work placement or internship to complete their studies

Those willing to work for the same employer in the same location during their stay in Canada Interested applicants should consult the requirements for their country to verify exact application procedures as well as quotas for the program.

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