Canadian Immigration: Work Visas (Work Permits)

BACKGROUND

A Work Permit is an employment authorization which permits a foreign national to enter the Canadian labour market to perform “work” within the meaning of Canadian immigration law.

The rules and regulations relating to obtaining a Work Permit are quite complex, depending on the type of Work Permit which is being applied for.

THE MEANING OF “WORK”

Canadian immigration law defines “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."

This definition is significant for two very important reasons.

• It is a very broad definition which is capable of capturing a wide range of work and work-related activities and occupations.
• It articulates a key underlying premise of the Canadian immigration system, namely, that Canadian citizens or permanent residents should have a priority claim on available jobs within the Canadian labour market. This concept forms the basis for the design and operation of Canada’s Work Permit system for controlling the employment of foreign nationals in the domestic labour market.

EMPLOYMENT OF FOREIGN NATIONALS

There are three ways in which a foreign national may legally enter the Canadian labour market.

1. By entering Canada to perform Work Permit Exempt Activities. Work Permit Exempt Activities (also known as “work without a work permit”) are a list of activities which are specifically enumerated under Canadian immigration law and which are not considered to be “work”. As a result, a Work Permit is not required to perform these activities and the foreign national may enter Canada as a Temporary Resident under the Visitor class. For more information see our pages on Visas for Temporary Residents and Work Permit Exempt Activities.
2. By entering Canada under a Confirmation Exempt Work Permit. This is a “fast track” Work Permit which is issued by the Department of Citizenship and Immigration Canada (CIC). Unlike its counterpart, the Confirmed Work Permit (discussed below), it does not require pre-approval by the Department of Human Resources and Skills Development Canada (HRSDC). This means that the process of applying for and obtaining a Confirmation Exempt Work Permit can be dealt with relatively quickly. There are a large number of Confirmation Exempt Work Permit categories which cover various specific occupations and/or employment arrangements. For more information, see the following pages:
   
   Intra-Company Transferees who are executives, managers and specialized knowledge employees of multinational businesses and organizations
   
   Professionals: NAFTA Professionals under the North American Free Trade Act;
   CCFTA Professionals under the Canada-Chile Free Trade Act;
   GATS Professionals under the the General Agreement on Trade in Services
   
   Traders and investors under the NAFTA and the CCFTA.
   
   Information Technology Workers
   
   Spouses of Work Permit holders
   
3. By entering Canada under a Confirmed Work Permit. This is a standard Work Permit which is issued by the Department of Citizenship and Immigration Canada (CIC) but which must first be pre-approved by the issuance of a positive or neutral Labour Market Opinion by the Department of Human Resources and Skills Development Canada (HRSDC). A Confirmed Work Permit requires the Canadian employer to show that the foreign national’s employment will not have a negative effect on available job opportunities for Canadians. Obtaining a Confirmed Work Permit will normally be more complex and time-consuming than obtaining a Conformation Exempt Work Permit. For more information, see our page on Confirmed Work Permits and Confirmation Exempt Work Permits.

STRATEGIC CONSIDERATIONS

Canadian employers who wish to employ foreign nationals should consider using the following approach:

• STEP 1 – Determine whether the foreign national is able to enter as a Visitor under one of the available Work Permit Exempt Activities, or as a Business Visitor. If this is possible, a Work Permit will not be required. This is the fastest alternative.
• STEP 2 – If the foreign national does not qualify under Step 1, consider whether he/she qualifies for a Confirmation Exempt Work Permit under one of the available confirmation-exempt categories. Although a Work Permit will be required, it should be possible to process the application relatively quickly. This is the next best alternative.
• STEP 3 - If the foreign national does not qualify under Step 1 or Step 2, the only remaining alternative will be to apply for a Confirmed Work Permit.

READ MORE . . . about Temporary Resident Visas about Work Permit Exempt Activities about Work Permits about Confirmation Exempt Work Permits about Penalties for Failing to Obtain a Work Permit about Student Visas about Canadian Immigration Medical Examinations

Disclaimer: The information contained on this site is intended to educate members of the public generally and is not intended to provide legal or professional advice or solutions to individual problems. If you require legal advice or assistance, you should consult a Gaertner Tobin LLP lawyer at info@GTLLP.com.