Canada actively welcomes foreign talent to contribute to its economy and diverse workforce. Navigating the process of bringing international employees into the country involves understanding the various visa and work permit options available. These permits authorize foreign nationals to work in Canada for a specific period, under specific conditions, and are a crucial step for both employers and prospective employees.
The Canadian immigration system, managed by Immigration, Refugees and Citizenship Canada (IRCC), offers several pathways for foreign workers. The primary mechanism is the work permit, which is typically required unless the individual qualifies for a specific exemption. Understanding the different types of work permits, the application procedures, and the ongoing compliance requirements is essential for successful and lawful employment of foreign nationals in Canada.
Common Work Permit Streams
Canada's work permit system is broadly categorized into two main streams: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). The key difference lies in whether the employer needs a Labour Market Impact Assessment (LMIA).
- Temporary Foreign Worker Program (TFWP): Requires employers to obtain a positive LMIA from Employment and Social Development Canada (ESDC). An LMIA demonstrates that hiring a foreign worker will not have a negative impact on the Canadian labour market and that there is no Canadian citizen or permanent resident available to do the job.
- International Mobility Program (IMP): Allows employers to hire foreign nationals without an LMIA. These permits are issued based on broader economic, social, or cultural benefits to Canada, or through international agreements.
Here is a comparison of the two main streams:
| Feature | Temporary Foreign Worker Program (TFWP) | International Mobility Program (IMP) |
|---|---|---|
| LMIA Required | Yes (generally positive) | No |
| Purpose | Address labour shortages where no Canadians are available | Advance Canada's broad economic/cultural interests, reciprocal agreements |
| Employer Fee | LMIA fee payable by employer | Employer Compliance Fee payable by employer |
| Examples | High-Wage Stream, Low-Wage Stream, Agricultural Stream | Intra-Company Transfers, NAFTA/USMCA Professionals, IEC, Spousal Open Work Permits |
Within these streams, various specific categories exist, such as Intra-Company Transfers (for multinational companies moving employees to Canada), professionals under trade agreements like the Canada-United States-Mexico Agreement (CUSMA), and participants in youth exchange programs like International Experience Canada (IEC).
Work Permit Application Process
The process for obtaining a Canadian work permit involves steps for both the employer and the foreign national.
Employer Requirements
For most work permits, the employer must first fulfill certain obligations before the foreign national can apply.
- Labour Market Impact Assessment (LMIA): If hiring through the TFWP, the employer must apply for and receive a positive LMIA from ESDC. This involves demonstrating recruitment efforts and proving the need for a foreign worker.
- Offer of Employment Submission: For LMIA-exempt work permits under the IMP, the employer must submit the offer of employment details and pay the Employer Compliance Fee through the IRCC Employer Portal. This submission generates an Offer of Employment number that the foreign national needs for their work permit application.
Employee Requirements
Once the employer has completed their steps (if applicable), the foreign national can apply for the work permit.
- Eligibility Criteria: Applicants must meet general eligibility requirements, including having a valid job offer (or being eligible for an open work permit), proving they will leave Canada at the end of their authorized stay, having sufficient funds, being in good health, and having no criminal record. Specific streams may have additional requirements related to qualifications, experience, or nationality.
- Documentation: Required documents typically include:
- Valid passport
- Offer of Employment number (from employer) or LMIA copy
- Proof of education and work experience
- Results of a medical examination (if required)
- Police clearance certificates (if required)
- Other supporting documents depending on the specific work permit stream and country of origin.
- Application Steps: Most applicants apply online through the IRCC secure account. This involves filling out forms, uploading documents, and paying fees. Some applicants may need to provide biometrics (fingerprints and photo) at a designated collection point. Depending on nationality, a temporary resident visa (TRV) may also be required to enter Canada, which is often processed concurrently with the work permit application.
Fees and Processing Times
Government fees are associated with both the employer and employee portions of the work permit process. Processing times vary significantly based on the type of work permit, the country of application, and the volume of applications.
| Fee Type | Approximate Cost (CAD) | Payer |
|---|---|---|
| Work Permit Fee | $155 | Employee |
| Open Work Permit Holder Fee | $100 | Employee |
| LMIA Application Fee | $1,000 | Employer |
| Employer Compliance Fee | $230 | Employer |
Note: Fees are subject to change by IRCC and ESDC.
Processing times can range from a few weeks to several months. IRCC provides estimated processing times online, which are updated regularly. Factors influencing processing speed include the complexity of the application, the completeness of documentation, and the need for interviews or additional checks.
Pathways to Permanent Residency
Gaining work experience in Canada on a temporary work permit can often serve as a significant step towards obtaining Canadian permanent residency. Several immigration programs value Canadian work experience.
- Express Entry: This is the main system for managing applications for permanent residence under three economic immigration programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class (CEC). The CEC is specifically designed for individuals who have recent skilled work experience in Canada. Having a valid job offer and Canadian work experience significantly increases a candidate's score in the Comprehensive Ranking System (CRS) used in Express Entry draws.
- Provincial Nominee Programs (PNPs): Most Canadian provinces and territories have their own immigration programs that nominate individuals who meet specific labour market needs. Many PNPs have streams specifically for foreign workers who are already working in the province, often requiring a job offer from a local employer.
Successfully completing a period of skilled work in Canada demonstrates adaptability and integration, making temporary workers strong candidates for permanent residency.
Dependent Family Members
Foreign nationals coming to work in Canada may be able to bring eligible family members with them.
- Spouses and Common-Law Partners: The spouse or common-law partner of a work permit holder may be eligible for an open work permit. An open work permit allows the holder to work for any employer in Canada (with limited exceptions) and does not require an LMIA or an Offer of Employment number. Eligibility often depends on the skill level of the principal work permit holder's occupation (typically NOC skill level 0, A, or B).
- Dependent Children: Dependent children can apply for a visitor visa to enter Canada. If they wish to study in Canada, they may be eligible for a study permit. In some cases, minor children can attend primary and secondary school in Canada without a study permit if a parent is authorized to work or study in Canada.
Applications for family members can often be submitted at the same time as the principal applicant's work permit application or at a later date.
Compliance Obligations
Both employers and foreign national employees have ongoing obligations to ensure compliance with the conditions of the work permit and Canadian immigration laws.
Employer Obligations
Employers who hire foreign workers under the TFWP or IMP must adhere to the terms outlined in the LMIA or the Offer of Employment.
- Adhering to Offer Terms: Employers must provide the foreign worker with employment in the same occupation, with the same wages and working conditions, as stated in the LMIA or Offer of Employment.
- Record Keeping: Employers are required to keep records related to the foreign worker's employment, such as wages paid, hours worked, and copies of the employment contract, for a specified period (typically six years).
- Compliance Reviews and Inspections: IRCC and ESDC conduct inspections to verify employer compliance. Non-compliance can result in warnings, monetary penalties, or bans from hiring foreign workers in the future.
Employee Obligations
Foreign workers must also respect the conditions of their work permit.
- Adhering to Work Permit Conditions: This includes working only for the specific employer, in the specific occupation, and at the specific location listed on the work permit (for employer-specific permits). For open work permits, the holder must comply with any conditions listed on the permit.
- Reporting Changes: Significant changes, such as a change in employer (if on an employer-specific permit) or a change in personal circumstances, may require applying for a new work permit or updating information with IRCC.
- Maintaining Status: Foreign workers must maintain legal status in Canada throughout their stay and leave the country by the expiry date of their work permit unless they have applied to extend their stay or change their status.
