Temporary Work Permit Requirements

People coming to Canada on business do not need a work permit. However,  visitors entering the Canadian labour market, i.e. have a job offer from an  employer in Canada, must apply for a work permit.

To qualify for a work permit, you must meet the requirements for temporary residence as well as the requirements for issuance of a work permit. You do not have to apply for a Temporary Resident Visa when you apply for your work permit. It is included in your work permit application.

For more information, please visit the Working Temporarily in Canada page at: http://www.cic.gc.ca/english/work/index.html

The principal mechanism for issuing a work permit is a confirmation of the job offer (a labor market assessment provided by Human Resources Development Canada--HRDC) that addresses skills shortages in various sectors of industry. The confirmation certifies that the admission of the foreign worker will have no adverse affect on the Canadian economy.

Some persons are exempt from the need to secure a work permit.  These include categories of workers such as diplomats, military personnel and performing artists.  For a complete list please refer to: http://www.cic.gc.ca/english/work/exempt-1.html

There are several categories where the work permit is exempt from the need for a confirmation or labour market assessment from HRDC.  These include:

· Intra-company transferees for managers, executives and persons with specialized knowledge* transferred within a company under the North American Free Trade Agreement (NAFTA), Canada-Chile Free Trade Agreement (CCFTA) and the General Agreement on Trade in Services (GATS). (*a person with specialized/advanced knowledge or expertise would usually be in a position critical to the well-being of the enterprise. Evidence must be provided by the employer)

. Senior executive/managerial intra-company transferees under the general immigration provisions

· Traders and Investors for NAFTA and Canada-Chile business persons seeking to
conduct trade or establish services to operate an investment.

· Professionals covered under NAFTA, CCFTA and GATS

· Self-employed persons establishing a business which may result in direct employment

· Workers generating significant benefits to Canada, including training personnel, providing instruction in Canadian subsidiaries or headquarters 

For more confirmation exempt categories please refer to: http://www.cic.gc.ca/english/work/exempt-2.html

. Application to Work in Canada: http://www.cic.gc.ca/english/applications/work.html

· Valid and subsisting passport

· Passport-sized photos

· Record of medical exam (sometimes required)

· Job offer and in some cases confirmation of offer of employment, an approval by Human Resources Development Canada of the need for the specialist skills and non-displacement of Canadian workers

· Supporting documents covering details of the position or business venture, duration of employment, and applicant’s qualifications

Additional documentation may be required depending on the category of employment and whether one is applying under the General Immigration Provisions or under a free trade agreement such as NAFTA, CCFTA or GATS.  For more detailed information please contact a Canadian Immigration office.

The application should be lodged at a Canadian diplomatic mission. It may be lodged personally, by an agent, or by post. The decision of whether a personal interview is required is made on a case-by-base basis. 

Some persons may apply for a work permit at the Canadian border and some may apply in Canada. For more information please refer to: http://www.cic.gc.ca/english/work/worker-3.html

Dependent family members may accompany the applicant provided they meet the requirements of the Immigration and Refugee Protection Act and Regulations as a bona fide visitor. Family members are visitors to Canada and are not allowed to work or attend school unless they have the appropriate authorization. A dependant can apply for a student authorization from within Canada.

Dependants must qualify for work and be documented on a work permit in their own right and are not extended employment benefits by virtue of being a dependant of the holder of a work permit.  However, spouses or common-law partners (which may include situations of same-sex partners) of highly skilled temporary foreign workers are allowed to work without first subjecting their job offers to labour market testing by HRDC.  Similarly, spouses of workers destined to Quebec do not have to first subject their job offers to the Ministere des Relations avec les citoyens et de l’immigration (MRCI). Rather than requiring the spouse or common-law partner to first obtain a job offer before applying for the work permit, they may (if he or she wishes) apply for an “open” (i.e. not job specific) work permit.

For more information, please refer to: http://www.cic.gc.ca/english/work/worker-4.html

To be confirmed.