WORK PERMIT
Canada issues 2 types of work-permits:
- Labour Market Impact Assessment (LMIA) required Work Permit
- LMIA exempt Work Permit
Employers arrange LMIA to hiring a foreign worker with a process by convincing the Canadian government that it will not have a negative impact on Canada’s existing workforce.
However, there are many LMIA-exempt work permits also, resulting from free trade agreements, such as the former North American Free Trade Agreement, now known as the Canada-United States-Mexico Agreement, or CUSMA. It enables foreign workers to apply for a work permit without their employer having to obtain an LMIA.
In addition, there are a number of work permit options available to foreign workers without a job offer, including working holidays, post-graduate work permits, and open spousal work permits.
These are some common scenarios work permits in Canada:
Co op
Work during your studies as a part of your program
PGWP
Work after your studies for 8 months to 3 years
Open
Students, Workers, PR applicants and their family
IEC
Youth and Young professionals to Work & Travel
LMIA
Approved by ESDC, hire quality foreign workers
GTS
Highly skilled Workers & Unique talent
Low Income Jobs
Front end labour market jobs with low wages
Owner Operator
Business Immigrants and Entrepreneurs Work Permit
Company Transfer
Inter-company transferee requires Work Permit
What is a NOC Code?
The National Occupational Classification (NOC) is Canada’s national system for describing occupations.
You need to identify your NOC Code before any kind of immigration application related to your Work or Residency in Canada.
Who can work WITHOUT a Work Permit in Canada?
Foreign nationals in the following list can work or apply to work without a work permit in Canada:
- Business Visitors
- Foreign Representatives and their Family Members
- Military Personnel
- Foreign Government Officers
- American Cross-Border Maritime Law Enforcement Officers
- In-Flight Security Officers
- On-Campus Employment
- Performing Artists
- Athletes and Team Members
- News Reporters, Media Crews
- Public Speakers
- Convention Organizers
- Clergy
- Judges, Referees, and Similar Officials
- Examiners and Evaluators
- Expert Witnesses and Investigators
- Health Care Students
- Civil Aviation Inspectors
- Aviation or Accident Investigators
- Crew
- Emergency Service Providers
- Implied Status
- Students (to work for 20 hrs per week, 40 hrs during holidays and scheduled breaks, if enrolled in a 6+ months of Certificate, Degree or Diploma full-time program students; except in ESL/FSL language programs)
Exemptions Can be applied under Global Skill Strategy (GSS):
- Highly Skilled Workers (to work for 15 consecutive days per 6 months or 30 per 12 months, with NOC 0 or A)
- Researchers (to work for 120 days per year)
* You would still need a Temporary Resident Visa (TRV) to enter Canada
Can a Business Visitor work in Canada without a Work Permit?
No, a Business Visitor is a foreign national entering Canada on Temporary Resident Visa (TRV) and cannot enter Canadian Labour Market.
However, you can perform certain duties on your visit to Canada:
- Attend business meetings, conferences, conventions, fairs, etc;
- Buy Canadian goods or services on behalf of a foreign entity;
- Take orders for goods or services;
- Provide after-sales service, excluding hands-on work in the construction trades;
- Get trained by a Canadian parent company for work outside of Canada;
- Train employees of a Canadian subsidiary of a foreign company;
- Provide after-sales or lease services;
- Certain Warranty and service agreement.
H-1B Visa Holders
Foreign workers in the U.S.A, majorly IT professionals, secures H-1B Visa for 3 years and can be extended for additional 3 years; after which they must remain outside the U.S.A for at least 1 full year. This timeline also changes, creating an anxiety among the professionals to manage their life.
Considering the risk associated with the system, many foreign workers prefers Canada as their home. Canada provides various options to such professionals to plan their social and professional life:
Global Talent Stream: Many of the occupations eligible for this type of work permit equates to “specialty occupation”, as defined in the H-1B program, making the transition to a Canadian work permit easier;
Intra-Company Transfer: If you company is also operating in Canada, there are certain categories of workers on H-1B visas who could be eligible for a facilitated Canadian work permit through an Intra-Company Transfer;
Intra-Company Transfer for Start Up: Companies in the U.S.A who are to establish a presence in Canada can be eligible to apply for facilitated work permits for their employees in order to begin operations of a Canadian branch, subsidiary, or affiliate;
CUSMA/NAFTA: U.S.A or Mexican citizens on an H-1B visa in Canada can be eligible for a facilitated work permit through the North American Free Trade Agreement if they are qualified to work in a given occupation and are coming to work in Canada in this capacity. A complete list of eligible occupations can be found here;