Working In Canada

In order to bring a temporary foreign worker to Canada, a Canadian employer must generally receive a positive Labour Market Impact Assessment (LMIA). There are several cases, however, where the need for a LMIA may be waived.
Some of the most common LMIA-exempt streams are outlined below. This page is divided into the following sections:

• Significant benefit
• Reciprocal employment
• Charitable and religious workers
• Contact us

Note: Being exempt from obtaining a LMIA does not mean the individual is exempt from obtaining a work permit. All streams on the LMIA exemption list still require the individual to obtain a work permit to work in Canada legally.

Significant benefit
Apart from the situations outlined below in this section, Canadian visa officers have a degree of flexibility in assessing whether the issuance of a work permit to a foreign national is desirable without the need for a LMIA to be secured. This is known as significant social or cultural benefit.

The foreign national’s proposed benefit to Canada through his or her work must be significant, meaning it must be important or notable. Officers typically rely on the testimony of credible, trustworthy, and distinguished experts in the foreign national’s field, as well as any objective evidence provided. The foreign national’s past record is a good indicator of his or her level of achievement.

Objective measures for “significant social or cultural benefit”:

• an official academic record showing that the foreign national has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of their ability;
• evidence from current or former employers showing that the foreign national has significant full time experience in the occupation for which he or she is
• sought (significant in this context can be taken to mean ten or more years experience);
• has been the recipient of national or international awards or patent;
• evidence of membership in organizations requiring excellence of its members;
• having been the judge of the work of others;
  evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations;
• evidence of scientific or scholarly contributions to the field by the foreign national;
• publications authored by the foreign national in academic or industry publications; and.or
• leading role of the foreign national in an organization with a distinguished reputation.

Entrepreneurs/Self-Employed Persons

A LMIA exemption may be granted to private entrepreneurs who wish to come to Canada temporarily in order to start or operate a business. Applicants to one of these programs must be the sole or majority owners of the business they wish to pursue in Canada. They will also have to demonstrate that their business will be of significant benefit to Canada. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature. This category is particularly well suited to owners of seasonal businesses. Entrepreneurs who have already applied for Canadian permanent residence may also qualify for LMIA-exempt work permits in this category. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature.

Intra-Company Transferees
Intra-Company Transferees may be granted a LMIA exemption for a temporary transfer to Canada. Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.

Dependents Of Foreign Workers
Spouses and children of Foreign Workers holding a Canadian work permit for a skilled position do not require a LMIA. Please note that this does not apply to the spouses of workers on an International Exchange Program.

French-Speaking Skilled Workers
Foreign nationals who have been recruited through a francophone immigration promotional event coordinated between the federal government and Francophone minority communities, and who are destined for a province or territory outside of Quebec and qualified under a National Occupational Classification (NOC) 0, A or B, may be eligible to work in Canada through Mobilité Francophone.

Academics

This includes researchers, guest lecturers, and visiting professors.

Provincial LMIA Exemptions
Workers nominated by a province for permanent residence and who have obtained a job offer in that province may be exempt from the need for a LMIA.

Reciprocal employment
Reciprocal employment agreements allow foreign workers to take up employment in Canada when Canadians have similar reciprocal work opportunities abroad.

International Agreements
Canada is a party to a number of international agreements that facilitate the entry of foreign workers. Admission of foreign workers under these agreements is considered of significant benefit to Canada and, as such, does not require a LMIA. The North American Free Trade Agreement (NAFTA) is an example of this case.

International Exchange Programs
Canada is a participant in a number of programs for international youth exchange. Such programs include the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. These programs are exempt from the need for a LMIA.

Charitable and religious work
Charitable workers
In the Canadian context, charity is defined as the relief of poverty, advancement of education or certain other purposes that benefit the community. As such, certain charitable workers do not require a LMIA in order to enter the Canadian labour market temporarily.

Being registered with the Canada Revenue Agency (CRA) as a chairty is a strong indicator that an organization is indeed charitable in nature. However, foreign workers may be able to work in Canada for an organization under this LMIA-exempt provision that is not registered with the CRA; the visa officer may request additional information from the employer in such an instance.

The government of Canada draws a distinction between a charitable worker, who needs a work permit, and a volunteer worker, who is work-permit exempt. A volunteer worker does not enter the labour market and his or her presence in Canada is incidental to the main purpose of the visit A charitable worker, on the other hand, usually takes a position involving an activity that meets the definition of work and may be compensated for his or her work in Canada. As a result, he or she needs a work permit, though the LMIA process is not required.

Religous Workers
Religious work normally entails a requirement for the foreign national to be part of, or share, the beliefs of the particular religious community where he or she intends to work, or to have the ability to teach or share other religious beliefs, as required by the employer.

For this LMIA-exempt category, the primary duties of the foreign national should reflect a particular religious objective, for example the provision of religious instruction or promotion of a particular religion or faith.

The work should involve advancing the spiritual teachings of a religious faith, as well as maintaining the doctrines and spiritual observances on which those teachings are based.

The Temporary Foreign Worker Program (TFWP) allows Canadian employers to hire foreign nationals to fill labour shortages in Canada.
The TFWP is jointly administered by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC). The program allows Canadian employers to respond to genuine labour shortages by allowing them to hire internationally, while ensuring that Canadian citizens and permanent residents have the first opportunity to apply for open job positions.

Labour Market Impact Assessment
A Labour Market Impact Assessment (LMIA) and a temporary work permit are required to be obtained before a foreign national can begin working for the Canadian employer through the TFWP. A LMIA is a document that serves as proof that there will be a positive or neutral impact to the Canadian labour market if the employer hires the foreign worker. This document replaced the Labour Market Opinion (LMO) process in June, 2014.

Employers in Canada should be aware of the requirements, wages, advertisement efforts, exceptions to the advertising requirements, and how to apply for a Labour Market Impact Assessment.

Exemptions to the LMIA requirement include jobs that do not fall under the auspices of the TFWP. Offers of employment made by Canadian employers to foreign workers through the International Mobility Program (IMP) do not require a LMIA to be obtained.

Temporary Foreign Worker Program & International Mobility Program

Under Canadian immigration regulations, foreign spouses and common-law partners of temporary foreign workers and foreign students, who themselves want to work in Canada, will need an open work permit.
Open work permits are also available through the Post-Graduation Work Permit Program for international students.

n addition, a pilot program introduced in December, 2014, allows spouses and common-law partners being sponsored through the Inland Spousal/Common-Law Partner Sponsorship Category of the Family Class to be granted an open work permit while the application for permanent residence is being processed.

The holder of an open work permit can work for any Canadian employer, without first having a confirmed offer of employment. An open work permit is not job-specific.

Under Canada immigration regulations, open work permits may be applied for by:

• the spouses or common-law partners of foreign temporary workers;
• the spouses or common-law partners of foreign students;
• international students who have graduated from a Canadian post-secondary institution.

To be eligible for an open work permit, graduating international students must meet the requirements under the Post-Graduation Work Permit Program.

To be eligible for an open work permit, the spouse or common-law partner of a foreign temporary worker must demonstrate that:

• the principal temporary foreign worker has employment in Canada that is at a management level, or a job in a professional occupation, or as a technical or skilled tradesperson. In other words, the skill level of the principal temporary foreign worker’s job must be level 0, A or B, according to the National Occupational Classification (NOC). This skill level requirement does not apply to principal temporary foreign workers who have been nominated for permanent residence by a province (provincial nominees).
• the principal temporary foreign worker is permitted to work in Canada for a period of at least six months.

To be eligible for an Open Work Permit, the spouse or common-law partner of a foreign student cannot themselves be full-time students and must demonstrate that:

• the foreign student is studying full-time at a diploma/degree-granting, publicly-funded post-secondary educational facility; or
• the foreign student has graduated and is the holder of a valid work permit for a job related to his or her studies.

For spouses and common-law partners, open work permits are generally issued with a validity date that coincides with the period of time that their spouse is permitted to work or study in Canada, as the case may be.

Open work permits are also available to candidates for the International Experience Canada program.

Depending the specific industry and work situation, there may be a particular process for a foreign national to work in Canada legally.

In addition to the broad range of content in this Work section, the following pages contain information pertaining to specific work situations in Canada. Simply click below on the section that concerns you in order to learn more.

With the increasing demand for professionals in the IT/Tech industry in Canada, employers are actively seeking foreign workers and professionals to fill positions in this innovative field.
Foreign nationals in the IT/Tech industry have a range of temporary work permit options that allow them to work in Canada.

Professionals with IT-related skill sets may be in a good position to benefit from a variety of routes available to work in Canada, in some cases without a work permit.

Labour Market Impact Assessment-based work permits require employers to obtain a LMIA to hire a foreign worker. Learn how IT/Tech workers may benefit from this route on this page.

IT/Tech workers from the US and Mexico may have the opportunity to obtain a NAFTA work permit, which does not require a LMIA. For more information visit our dedicated page.

Another option that may allow IT/Tech workers to obtain a work permit without a LMIA is the Intra-Company Transfer (ICT) Program. For more details on how IT/Tech workers may benefit from the ICT program, please visit this page.

Another route available for foreign workers in the IT industry is the possibility of entering Canada as a business visitor. In most cases, business visitors may work in Canada without a work permit, so IT/Tech workers may find this option suitable for their needs. Read more about this option for IT/Tech business visitors.

Apply under the PEQ as an International Student
Foreign students who have studied in Quebec may be eligible to apply for a CSQ under the PEQ if they:

• show intention to settle in Quebec to hold a job;
• have stayed temporarily in Quebec for the purposes of study;
• have obtained an eligible degree or diploma from an educational institution recognized by the Quebec Ministry of Education within the past 36 months;
• have studied in Quebec for at least 1,800 hours (two years); and
• show that he or she has successfully completed an advanced intermediate level French course at a Quebec educational institution, if his or her studies were not completed in French, or prove French ability by way of a standardized language test recognized by the Government of Quebec.

MIDI will not issue a CSQ until the applicant submits a complete transcript and an attestation of successful completion of diploma.

NOTE: Prospective Quebec graduates can no longer apply for a CSQ six months before obtaining their diploma. Quebec graduates have to obtain their diploma or provide an attestation of successful completion, as well as the transcript of their final grades, in order to submit a CSQ application to the Quebec Immigration Ministry.

Apply under the PEQ as a Temporary Foreign Worker
Temporary Foreign Workers in Quebec may be eligible to apply for a CSQ under the PEQ if they:

• show intention to settle in Quebec to hold a job;
• have stayed temporarily in Quebec for the purposes of work;
• have had full-time work experience in Quebec for at least 12 months of the 24 months preceding the submission of an application;
• have legal status in Quebec as a temporary worker or as part of a youth exchange program, such as International Experience Canada (IEC) (Working Holiday, Young Professionals or International Co-op Internship).
• are employed at the time of the application; and
• can show that they have successfully completed an advanced intermediate level French course at a Quebec educational institution, if the studies were not completed in French, or prove French ability by way of a standardized language test recognized by the Government of Quebec. Alternatively, they can show that they have satisfied the French language requirements of the professional order governing their occupation in Quebec.

Full-time Work Experience for the PEQ
The MIDI considers a minimum of 30 hours of paid work per week as full-time employment. Full-time work experience acquired as an international student while on a Post-Graduation Work Permit or under a Youth Exchange/International Experience Canada (IEC) Program may be taken into account if the applicant meets all PEQ requirements. MIDI will not consider any period of part-time work, self-employment, or entrepreneurial work under the PEQ.

Quebec immigration authorities expect the assessment of applications under the PEQ to be completed on a fast-track basis.

For more information on the Quebec Experience Program, please consult the Quebec Experience Program Frequently Asked

Canada welcomes international workers in the entertainment industry, but how does an industry worker obtain the right to work in Canada?
Depending on the situation, the work project, and other factors, there may be ways for entertainment industry workers to enter the Canadian labour market temporarily. After all, Canada’s cities and towns cater to a vast array of entertainment productions and spectacles across film and television production, performing arts, and more besides. Consequently, the government of Canada facilitates the entry of necessary personnel to the country.

Options for working in Canada
One of the following options may apply to your specific needs.

• Qualify as a business visitor
  • This options refers to a category of foreign nationals intending to work in Canada who, due to the nature and/or duration of the work to be performed in Canada, do not require a work permit.
• LMIA exemption
  • Certain entertainment industry workers could be eligible for a work permit that is exempt from the need to obtain a Labour Market Impact Assessment (LMIA), thereby simplifying the application process and reducing the wait time. A LMIA is a document that serves as proof that no Canadian citizens or permanent residents are available to perform the job.
• LMIA advertising exemption
  • If a LMIA is required in order for the entertainment industry worker(s) to begin working in Canada, there may nonetheless be a facilitated process whereby the position does not need to be advertised in order for the LMIA to be issued successfully.
• Ordinary LMIA process
  • If none of the above scenarios apply, entertainment industry workers may still go through the complete LMIA process before working in Canada.

Every year, more than 300,000 people come to Canada as temporary foreign workers.
If you wish to employ a foreign worker, or you are a worker yourself, it is important to know your full range of Canadian work options. Contact us today, and we will provide you with a free consultation.

For Foreign Workers

Have you been offered a job by a Canadian employer? Our firm is ready to help you secure your Canadian Work Permit and any other required visas, and prepare you for entering the Canadian labour market.

For Canadian Employers

Do you want to hire a foreign worker or transfer a key employee to Canada? Our firm can help you choose and navigate the best path for bringing your employee to Canada and securing a Canadian Work Permit.

For Foreign Businesses

Are you looking to transfer an employee to a work location in Canada? Do you intend to set up a business in Canada? Our firm can assist you in obtaining the necessary Canadian Work Permits to help achieve your goals.

Subject to the nature of the work, as well as the individual’s nationality, certain business visitors can enter the country to conduct business or trade activity without needing a work permit.

• General outline
• After-sales or lease services
• Warranty or service agreement
• individuals not considered a business visitor
• Contact us

Business visitors must demonstrate the following:

• they plan to stay for less than six months,
• they do not plan to enter the Canadian labour market,
• the main place of business, and source of income and profits, is outside Canada,
• they have documents that support their application and
• they meet Canada’s basic entry requirements, because they
  • have a valid travel document, such as a passport,
  • have enough money for their stay and to return home,
  • plan to leave Canada at the end of your visit, and
  • are not a criminal, security or health risk to Canadians.
• There are a number of reasons why an individual may come to Canada as a business visitor, including:
• Attending business meetings, conferences, conventions, fairs, etc;
• Buying Canadian goods or services on behalf of a foreign entity;
• Taking orders for goods or services;
• Providing after-sales service, excluding hands-on work in the construction trades;
• Being trained by a Canadian parent company for work outside of Canada; and
• Training employees of a Canadian subsidiary of a foreign company.

Business visitors to Canada may require a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA).

Allowing international business people to do business in Canada is important for the continued economic success of the country. Similarly, countries that have trade agreements and strong economic partnerships with Canada generally allow Canadian business visitors to enter their countries as smoothly as possible. Visa reciprocity is an important aspect of Canada’s business outlook and economic success.

After-sales or lease services
Individual repairing and servicing, supervising installers, and setting up and testing commercial or industrial equipment (including computer software) may be considered business visitors, and as such may not require a Canadian work permit.

Setting up does not include hands-on installation generally performed by construction or building trades, such as electricians or pipe fitters.

This provision also applies to individuals seeking entry to repair or service specialized equipment purchased or leased outside Canada, provided the service is being performed as part of the original or extended sales agreement, lease/rental agreement, warranty or service contract.

After-sales and lease services also include situations where the sales or lease agreement or purchase order is for a software upgrade to operate previously sold or leased equipment. A service person coming to Canada to install, configure or give training on the upgraded software may be considered a business visitor. A sales or lease agreement or purchase order for upgraded software is a new contract for a new product. Please note that hands-on building and construction work is not covered by this provision.

Warranty or service agreement
For warranty or service agreements, contracts must have been negotiated as part of the original sales or lease/rental agreements or be an extension of the original agreement in order for the foreign national to be considered a business visitor.

Service contracts negotiated with third parties after the signing of the sales or lease/rental agreement are not covered by this provision. Where the work to be performed in Canada is not covered under a warranty, a work permit and a Labour Market Impact Assessment (LMIA) is generally required.

Individuals not considered business visitors
In situations where a Canadian employer has directly contracted for services from a non-Canadian company, the employee of the foreign company performing the services for the Canadian company requires a Canadian work permit.

This situation arises most often in the context of the North American Free Trade Agreement (NAFTA). The service provider is not to be considered a business visitor simply because he or she is not directly receiving remuneration from a Canadian source. Since there is a contract between the Canadian company and the foreign worker’s employer, there is an entry to the Canadian labour market. And because the foreign employer is receiving payment for the service that is being provided, it is deemed that the worker is receiving payment from a Canadian source. Consequently, the worker cannot be considered a business visitor.

For example, an infrastructure project in Canada contracts the services of a U.S.-based urban planning firm, which sends a small team to Canada work on site. The team members are working in Canada, and the firm is receiving compensation for being engaged on the project. Therefore, the team members do not meet the criteria as business visitors to Canada.

Individuals who plan to enter the Canadian labour market may require a Temporary Work Permit.

Other individuals working in Canada for short-term periods and in certain situations may work work in Canada without a work permit, while not necessarily being considered business visitors.

If you are a Canadian employer and have had trouble finding Canadian employees to staff your business, you’re not alone. Many Canadian employers are seeking foreign workers to help alleviate current labour shortages.
Over the past few years, Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) and Employment and Social Development Canada (ESDC) have streamlined the process of hiring workers from abroad and made it increasingly time-efficient. It’s simpler and faster than you probably think.

Your Options for Hiring Foreign Skilled Workers
It all starts with either a permanent or a temporary job offer from you.

• If you would like to hire foreign workers for full-time permanent positions, your future employees will need to complete the Canadian Immigration (permanent residence) process. There are several fast-track options to choose from. Learn more about your options.
• If you’re looking to hire foreign workers on a temporary basis, your future employees can obtain Temporary Work Permit
• If you have been employing foreign workers on temporary work permits and would like to offer them full-time employment, they may be able to obtain Canadian Immigration (Permanent Resident) Visas through the Canadian Experience Class, the Quebec Experience Class (if applicable), a Provincial
• Nominee Program, or a Skilled Worker Program.

Have you already found a foreign worker who you wish to employ?
If you, as a Canadian employer, have already found a foreign worker to fill an opening in your company, we can take care of the process for you to ensure that you meet all government regulations. Learn more about:

• Campbell Cohen’s Work Permit Service for temporary job offers.
• Arranged Employment or Provincial Nominee Program for permanent job offers.
• How to Write the Job Offer.

Will you need to have your potential employees’ internationally-obtained education and work experience assessed?
For certain occupations, internationally-trained workers and professionals must have their education and work experience credentials assessed and recognized by federal and provincial/territorial regulatory bodies before they can work in Canada. For many regulated occupations such as engineers, medical doctors, nurses, electricians, plumbers, veterinarians, and physiotherapists, foreign-trained workers may need to obtain additional certification before they can work in their fields.

• Learn more about foreign credential recognition in Canada

Acquah Centre Resume Bank

Acquah Centre offers a Resume Builder tool to job seekers, with the option to store their resumes in the Acquah Centre Resume Bank. Canadian employers can obtain access to these resumes to search for potential employment candidates from across the world and across industries.

Contact us using the form below for more information about obtaining access to the Acquah Centre Resume Bank or to see how we can help you hire foreign workers and professionals.

This page provides information on both active and recently terminated pathways to permanent residence for caregivers:

• Caregiver Permanent Residence Pathways:
  • Permanent residence through the Live-in Caregiver Program (LCP)
  • Caring for Children (terminated June 18, 2019)
  • Caring for People with High Medical Needs (terminated June 18, 2019)
  • Interim Pathway for Caregivers (reopened to applications July 8, 2019)
  • Home Child Care Provider and Home Support Worker pilots (effective June 18, 2019)
• Canada Caregivers: Questions and Answers

Live-in Caregiver Program (LCP)

Although the LCP is officially closed to new applicants, individuals can apply for permanent residence through the program if they have at least two years of work experience in the program and:

• They are already working in Canada with an LCP work permit; or
• They were approved for their first LCP work permit based on an employer’s positive Labour Market Impact Assessment (LMIA) application submitted on or before November 30, 2014.

Canada Caregivers: Questions and Answers
1. Which caregiver permanent residence pathways are currently open?
Canada’s Home Child Care Provider Pilot and Home Support Worker Pilot opened June 18, 2019, and replaced the Caring for Children and Caring for People with High Medical Needs pilots.

Note: The Interim Pathway for Caregivers reopened for applications on July 8, 2019, for three months.

2. Can I apply for permanent residence under the closed Live-in Caregiver Program (LCP)?
Caregivers with two years work experience under the Live-in Caregiver Program (LCP) may apply for permanent residence in Canada if they also are already working in Canada with a LCP work permit, or were approved for their first LCP work permit based on a LMIA on or before November 30, 2014.

3. Who can apply to the Interim Pathway for Caregivers?
Caregivers who have at least one year of work experience in Canada as a home childcare provider (NOC 4411) or home support worker (NOC 4412) accumulated since November 30, 2014, may be able to apply for permanent residence through the Interim Pathway for Caregivers.

4. Can I apply to the Interim Pathway for Caregivers while outside Canada?
It depends on your status at the time of applying. When applying for permanent residence through the Interim Pathway, individuals must:

• have a valid work permit, or
• have applied to extend their work permit and be waiting on a decision, or
  have applied to restore your status as a worker.

It is important to note that IRCC will consider you ineligible for the Interim Pathway if:

• your application to extend your work permit is refused
• your application to restore your status as a worker is refused
  your current work permit is in the LCP, or
• you are applying to extend your work permit or restore your status and your most recent work permit was under the LCP.

5. Who is not eligible to apply to the Interim Pathway for Caregivers?
Individuals are not eligible for the Interim Pathway for Caregivers if:

• Their application to extend their work permit is refused
• Their application to restore status as a worker is refused
• Their current work permit is in the Live-in Caregiver Program (LCP), or
• They are applying to extend their work permit or restore their status and their most recent work permit was under the LCP.

6. How do the Home Child Care Provider and Home Support Worker Pilots differ from the previous programs?
Under the new pilots, IRCC will issue eligible caregivers’ occupation-specific work permits rather than an employer-specific work permit. This means caregivers will have the freedom to change employers if need be. Also, family members of caregivers working in Canada will be eligible for open work permits or study permits.

7. Can I apply to the caregiver programs with Quebec work experience and move to another province?
Yes. You can use your work experience in Quebec to apply for permanent residence through one of the caregiver programs if you plan to live in a province other than Quebec. You may wish to include supporting documentation with your application to help prove that you plan to live elsewhere in Canada.