Work In Canada

Spousal Open Work Permit

If you are a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B and are approved to work in Canada for six months or more your spouse or common-law partner can apply for an open work permit. They will require a work permit to work in Canada and must apply for their own work permit.

Different types of Spousal work permits

If you are a spouse or family member of someone working or studying in Canada you may be eligibile for an open work permit if you are:

• a spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B approved to work in Canada six months or longer

• a spouse of someone applying for the Atlantic Immigration Pilot Program in a job under NOC 0, A, B or C

• a spouse of a foreign student at a public post-secondary school, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec

• a family member of a foreign representative, or

• a family member of a foreign military member who is working in Canada

If your spouse has an open work permit (e.g. post-graduation work permit), you must attach a copy of your spouse’s work permit to your application for an open work permit, along with:

• a letter from your spouse’s current employer that confirms they work there in a NOC 0, A or B occupation, or a copy of your spouse’s employment offer or contract, and

• a copy of your spouse’s recent pay slips

Your permit will not be valid longer than your spouse’s work permit.

You also need to meet the general eligibility requirements for a work permit.

Eligibility requirements

When you apply for your work permit you must certain requirements as:

• prove to an officer that you will leave Canada when your work permit expires;

• show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home;

• obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate);

• not be a danger to Canada’s security;

• be in good health and have a medical exam, if needed;

• not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;

• not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages; and

• give the officer any other documents they ask for to prove you can enter the country.

Temporary Foreign Worker Program

The Temporary foreign worker program (TFWP) assist Canadian employers to hire individuals who are not Canadian and not a permanent resident to work in Canada in jobs that there are no qualified Canadians.  Many jobs categories need a Labour Market Impact Assessment (LMIA) and a work permit, some just need a work permit and some do not need either an LMIA or work permit. An LMIA affirms that there is a need for a temporary worker and that no Canadians or permanent residents are available to do the job.

Eligibility

• Receive a job offer from an employer

• Is not inadmissible to Canada for either criminal, medical or financial reasons

• Apply for a work permit after receiving a job offer from IRCC. The work permit is usually valid for one year to particular employer. The TFW may only work legally work for that employer named on their work permit and cannot work for another employer.

• If your employer is based in Quebec, the temporary foreign worker will need a Quebec Acceptance Certificate (CAQ) from the Quebec Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) prior to issuance of a work permit.

  Note: For employers in Quebec hiring a temporary foreign worker through the IMP, do not need a CAQ from the MIFI.

  Note: The TFW program does not give the foreign worker a legal right to permanent residency in Canada. The TFW can apply for permanent residency through the Express Entry System, Canadian Experience Class (CEC).
  

Work Permits

Generally most individuals need a work permit to work in Canada. There are two kinds of work permits.

Employer-specific work permit

The employer-specific work permit allows you work in Canada as per the specific conditions mentioned on your work permit, which are:

• the name of the particular employer you can work

• the duration of your employment

• the place of your work

At the time of applying for your work permit, you must attached a copy of a Labour Market Impact Assessment (LMIA) and and an employment contract.

Open work permit

The open work permit is not job-specific and lets you work for any employer in Canada, except for an employer who:

• is listed as ineligible on the list of employers who have failed to comply with the conditions or

• regularly offers striptease, erotic dance, escort services or erotic massages

can I apply for an open work permit?

You can apply for an open work permit provided you:

• are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program

• are a student who’s no longer able to meet the costs of your studies (destitute student)

• have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada

• applied for permanent residence in Canada

• are a dependent family member of someone who applied for permanent residence

• are the spouse or common-law partner of a skilled worker or international student

• are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program

• are a refugee, refugee claimant, protected person or their family member

• are under an unenforceable removal order

• are a temporary resident permit holder

• are a young worker participating in special programs

What are the requirements to be Eligibile

To be eligible you need to:

• prove to an immigration officer that you will leave Canada when your work permit expires

• show that you have the funds (money) to take care of yourself and your family members when you are in Canada and to go back home

• obey the law and have no record of criminal activity

• not be a danger to Canada’s security

• be in good health and have a medical exam, if required

• not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions

• not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and

• provide any additional documents as required

How Can I Apply for a Work Permit

You can apply for a work permit online or on paper. You can apply to Immigration Refugee Citizenship Canada. Make sure your application is complete before you submit it.

Steps for applying

1. Complete the application form

2. Pay your fees for 1) work permit 2)Biometric fee

3. Submit your application

Labour Market Impact Assessment - LMIA

A Labour Market Impact Assessment (LMIA) is a confirmation letter that an employer in Canada requires to obtain before hiring a foreign worker.

A positive LMIA will indicate that there is a need for a foreign worker to fill the job. It will also indicate that there are no Canadian worker or permanent resident to do the job.

Once an employer gets the LMIA, the foreign worker can apply for a work permit.

To apply for a work permit, a worker needs:

• a job offer letter,

• a contract,

• a copy of the LMIA, and

• the LMIA number

LMIA Process

An LMIA is obtained from Employment and Social Development Canada (ESDC). The LMIA application process depends on the type of program you’re hiring through.

To apply for an LMIA to hire it is contingent on the below criteria:

• high-wage workers

• low-wage workers

• workers through the Seasonal Agricultural Worker Program

• workers through the Agricultural Stream

Hiring Process with an LMIA

• Confirmation letter from ESDC, Service Canada

• Provide a copy of the confirmation letter to the temporary foreign worker to apply for a work permit.

Hiring Process without an LMIA

The International Mobility Program (IMP) enables the hiring of temporary foreign workers without an LMIA. The employer has to:

• pay an employer compliance fee

• submit an offer of employment form through the Employer Portal

The employer needs to do this before the temporary foreign worker is hired and applies for a work permit.

Hiring in Quebec

For Employers in Quebec hiring through the TFWP, the temporary foreign worker will need a Quebec Acceptance Certificate (CAQ) from the Quebec Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) prior to issuance of a work permit.

For employers in Quebec hiring a temporary foreign worker through the IMP, do not need a CAQ from the MIFI.

International Mobility Program - IMP

The IMP allows employers hire temporary workers without a Labour Market Impact Assessment (LMIA). Exemptions from the LMIA process are contingent on:

• the broader economic, cultural or other competitive advantages for Canada

• the reciprocal benefits enjoyed by Canadians and permanent residents

Do I need an LMIA

You can find out if you’re LMIA-exempt, or if your temporary foreign worker is work permit-exempt by reviewing the lists of LMIA exemption codes and work permit exemptions. You can also ask for an opinion from the International Mobility Workers Unit if the foreign worker is

• located outside Canada

• is a national of a visa exempt country

If you are LMIA-exempt

• Submit an offer of employment through the Employer Portal.

  The temporary foreign worker must apply for a work permit

• Once your temporary foreign worker comes to Canada, you need to meet certain conditions and responsibilities. If you don’t, you can be given a fine.

hiring a temporary foreign worker

Submit an offer of employment

To hire a temporary worker through the International Mobility Program, you need to

• pay the employer compliance fee of $230; and

• create and submit an offer of employment form through the Employer Portal. Your offer of employment must include information about:

  • your business

  • the foreign worker you would like to hire

  • the job details

  • wage and benefits

Exemption

Open work permits

If thetemporary worker you are hiring has an open work permit, you do not need to submit an offer of employment form or pay the employer compliance fee.

Once you have submit an offer of employment

After you submit an offer of employment through the Employer Portal, you will receive offer of employment number. You need to give this number to the temporary worker you are hiring.

Once the worker has this number, they can complete the work permit application. IRCC will review their application to check if they’re eligible to work in Canada. If the application is approved, the temporary worker will receive:

• a letter of introduction and a work permit from a Canada border services officer, when they come to Canada, or

• a new work permit (if they live in Canada or apply when they enter Canada)

temporary worker

• You need to have the right entry document. You will either need a visitor visa or an electronic travel authorization (eTA) to enter Canada. These documents are issued with the work permit if you are coming to Canada from another country.

• You may have to undergo a medical examination during the application process depending on the nature of your work.

• You need to check with your government authorities about the requirements you need to compolete before you leave.

Employer responsibilities

The employer needs to:

• inspect the work permit and know its expiry date

• comply with the conditions that are on the work permit, including the

  • job location

  • length of time they can work in Canada

• comply with the details of the offer of employment

  • a job in the right occupation

  • duties that match the National Occupation Classification (NOC) code

  • provide the wage and working conditions that are listed on the offer of employment

• initiate medical insurance and workers’ compensation benefits for when they arrive in Canada

  • as required by your province or territory

  • as listed in the offer of employment

• remain active in the business for the duration of the validity work permit

• comply with all applicable federal, provincial and territorial employment and recruiting laws

• Ensure the workplace is free of physical, sexual, psychological and financial abuse

• attend any inspections and provide any information or documentation requested

employer responsibilities related to COVID-19

The employer must

• let employees follow any order made under the Quarantine Act and Emergencies Act

• let workers comply with any provincial law or orders related to COVID-19

• pay the foreign worker for any period that they’re in mandatory isolation or quarantine upon entering Canada under the Quarantine Act, even if the worker is unable to perform any work duties

documents Retention period

Eemployers required to keep all documents related to the employment of the temporary worker for 6 years from the work permit issue date.

Inspections

Employers can be subject to inspections to ascertain that employer meet their responsibilities. The purpose of inspections is to

• protect temporary workers

• ascertain employers are using the International Mobility Program correctly

There are several reasons an inspection occur:

• your business was picked at random

• reason to think you are not compliant with the program conditions

• you were non-compliant in the past

• know you hired a foreign worker who was subject to an order or regulation under the Quarantine Act or Emergencies Act

• were notified of an outbreak of a communicable disease at a work site where foreign workers are working

Penalties

The penalty depends on the nature of the non-compliance.

Violations before December 1, 2015

The employer’s name and address will be added to the list of employers who have been non-compliant.

The employer will not able to hire temporary workers through the Temporary Foreign Worker Program or the International Mobility Program for 2 years.

Violations on or after December 1, 2015

You could face a number of penalties. Penalties are decided by a points system that looks at:

• the number of program violations

• how you did not comply

• your compliance history

• how serious the violation(s) is(are)

• the number of workers negatively affected by the violation(s)

• the size of the your business (for monetary penalties only)

• if you voluntarily disclosed information before we told you that you would be inspected

Possible penalties include:

• warning letters

• monetary penalties from $500 to $100,000 per violation

  • up to a maximum of $1 million over 1 year

• a ban from hiring temporary workers through the Temporary Foreign Worker Program or the International Mobility Program for 1, 2, 5, or 10 years

• a permanent ban from hiring temporary workers through the Temporary Foreign Worker Program or the International Mobility Program (for serious violations only)

We may also:

• refuse any pending work permit applications tied to your business

• revoke active work permits that are tied to your business

Your business will also be added to the public list of employers who have been non-compliant if you receive:

• a monetary penalty of any amount

• a ban of any length of time
  

Global Talent Stream

The Global Talent Stream (GTS) is a Temporary Foreign Worker program designed to bring highly specialized and skilled workers to Canada. To be eligible, employers must fit into one of two categories:

Category A - You may be eligible for Category A of the Global Talent Stream if you have been referred to the Global Talent Stream by 1 of the Stream's designated partners and you are hiring unique and specialized talent.

Category B - You may be eligible for Category B of the Global Talent Stream if you are seeking to hire highly-skilled foreign workers to fill positions in occupations found on the Global Talent Occupations List. A referral is not required to be eligible for Category B.

The advantage of the GTS is employees do not have to wait for the normal four week recruitment period required for LMIA applications. Most applicants are also eligible for 10-day processing.

Processing fee

The GTS fee is CAD $1,000 for each position requested to cover the cost of processing your application.

• The processing fee payment (in Canadian dollars) can be made by:

  • Visa

  • MasterCard

  • American Express

  • Certified cheque (shall be made payable to the Receiver General for Canada)

  • Money Order (shall be made payable to the Receiver General for Canada)

  • Bank draft (shall be made payable to the Receiver General for Canada)

• The processing fee will not be refunded if the application is withdrawn, cancelled or if the application receives a negative assessment.

• The processing fee cannot be recoverd or paid by the temporary foreign workers.

Recruitment

There is no minimum recruitment requirement for the Global Talent Stream, employers are encouraged to recruit Canadians and permanent residents before offering a job to a temporary foreign worker. Employes have to provide the recruitment efforts they under took.

Wages

The temporary foreign workers should be paid wages that are equivalent to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience.

For the purpose of the Global Talent Stream, you must pay the prevailing wage which is defined as the highest of either:

• the regional median hourly wage posted on Job Bank

• the wage that is within the wage range that you are paying your current employees hired for the same job and work location, and with the same skills and years of experience

If the position requires additional skills and years of experience over the applicable NOC description, the wages offered should reflect these additional requirements.

The temporary foreign workers wages must be reviewed and modified annually, to make sure they continue to receive the prevailing wage for the occupation and region where they are employed.

For the purpose of determining the wage rate being offered, we will only consider guaranteed wages, which exclude:

• overtime hours

• tips

• benefits

• profit sharing

• bonuses

• commissions

• other forms of compensation

Job description

The temporary foreign workers can only work perform duties that relate to the occupation they were hired for.

Canadian law protects all workers in Canada, including temporary foreign workers. The exploitation of temporary foreign workers is considered a violation of Canadian laws and human rights.

Employment in most occupations is covered under provincial or territorial legislation that deals with labour and employment standards such as:

• hours of work (including overtime)

• compensation

• working conditions

• termination of employment

Every province or territory has a Ministry of Labour that can provide information to assist employers and temporary foreign workers with questions or issues related to work. Some employers are federally regulated and, therefore, are covered by the employment standards under the Canada Labour Code.

Bridging Open Work Permit (BOWP)

A bridging open work permit (BOWP) permits the applicant to continue working while waiting for the results of the permanaent residence application.

The applicant is eligible if they applied to one of the permanent residence programs below:

• Permanent residence using Express Entry

• Provincial Nominee Program (PNP)

• Home Child-Care Provider Pilot or Home Support Worker Pilot

• Caring for children class or caring for people with high medical needs class

• Agri-Food Pilot

The applicant is not eligible for a BOWP if living in Quebec. They can apply for an employer-specific work permit if they possess a valid Quebec Selection Certificate.

Eligibility

To be eligible for a BOWP the individual needs to:

• be in Canada at the time of applying

• have valid work permit status

• be the principal applicant under the Federal Skills Workers Class, the Canadian Experience Class, the Federal Skills Trades Class,

• have applied for an open work permit

• have paid the work permit processing fee and the open work permit fee

• have provided, if in the Provincial Nominee Program (PNP) a copy of the nomination letter from the province with their application.

Individuals do not qualify for a BOWP:

• if they do not need a work permit

• if their status has expired; they need to apply for restoration of their temporary resident status

• if the work permits is valid for more than 4 months or who have a new LMIA which can be used for a new work permit application

• if the individual applies for a BOWP at a port of entry (POE) or visa office

• if they are spouses/common-law partners and dependants of principal permanent resident applicants

• if the individual is inadmissible to Canada

International Experience Class (IEC)

International Experience Canada (IEC) gives youth with the opportunity to travel and work in Canada. If you qualify, you will be placed into one or more pools of International Experience Canada (IEC) candidates. You’ll get a message in your account that confirms you are in the pool(s).

Individuals from countries that Canada has bilateral youth mobility arrangement and who are between 18 and 35 years old can for IEC work permits.

There are three categories:

• Working Holiday

• Young Professionals

• International Co-op

Working Holiday

You can work while you are on vacation in Canada and you qualify if:

• You don’t have a job offer yet

• You want to work for more than one employer in Canada

• You want to work in more than one location

• You’d like to earn some money so that you can travel

You get an open work permit which permits you work at most jobs in Canada. However, there are some jobs where you’ll have to get a medical exam first.

Young Professionals

You can get Canadian professional work experience and you qualify if:

• You have a job offer in Canada that contributes to your professional development

• You’ll work for the same employer in the same location during your stay in Canada

Under this category, work must be:

• paid

• not self-employed

You get an employer-specific work permit and the employer must meet all labour laws in the province or territory you plan to work including meeting minimum wage requirements.

The job you are offered in Canada must be classified as a National Occupational Classification (NOC) Code Skill Type Level 0, A or B to be treated as adding value to your “professional development.” For a NOC C job to be accepted you need to submit a post-secondary diploma, certificate or degree, with your work permit application. Your diploma, certificate or degree must be translated to English or French.

International Co-op (Internship)

You can get relevant overseas work experience that related to you the area that you are studying. You are eligible for this category if:

• you’re a student registered at a post-secondary institution

• you have a job offer for a work placement or internship in Canada

• you need to do this work placement or internship to complete your studies

• you’ll work for the same employer in the same location during your stay in Canada

You get an employer-specific work permit. The internship you are offered in Canada must be directly linked to your field of studies. Wages must follow the labour laws in the province or territory you will be working in. The labour code of the province or territory will determine if an internship needs to be paid or not.

How to Apply

• Make sure you know the date of your deadline

• Complete the online form

• Get all the documents you need

  • Proof of financial support

  • Medical exams

  • Health insurance

  • Police certificates

  • CV/resume

  • Passport

  • Digital photo

  • Family information

  • eTA or visitor visa

  • International Co-op (Internship) applicants

  • Applicants using recognized organizations

  • Volontariat International en Entreprise (VIE) applicants

  • Port of Entry (POE) Letter of Introduction is valid for 1 year

• Pay your fees

• Submit your complete application

• Give your biometrics

  Read more

Work while Studying

If you are a enrolled in an education institution and are studying full-time, you do not need a work permit. You must be enrolled for a program of study in any of the below institutions to be eligibile:

• Community Colleges

• Universities

• CEGEPs

• Publicly Funded trade/technical schools

• Private Institutions authorized by provincial statue to confer degrees

You can work:

• On campus

• Off campus

• Work as a co-op student or intern

Intra Company Transfers

This program enables the transfer of employees from a overseas company to its Canadian subsidiary. The aim of this program is to facilitate the transfer of the senior employee or who has specilaized knowledge from oveaseas to Canada. The spouse or common-law partner of the employee transfered to Canada can accommpany them and may be eligibile for an open work permit.

Elgibility

Intra-company transferees can apply for work permits if they

• are currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise

• are transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline);

• are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;

• have been employed continuously by the company that plans to transfer them outside Canada in a similar full-time position for at least one year in the three-year period immediately preceding the date of initial application.

​Duration of work permits

• Initial work permit: one year

• For renewals, evidence need to be provided that

  • the Canadian and foreign companies still have a qualifying relationship;

  • the new office has engaged in the continuous provision of goods or services for the past year;

  • the new office has been staffed.

OWNER / OPERATOR

A self-employed person can come to Canada to start a business. A person is considered an owner-operator provided as they have a controlling interest in the business.

Eligibility

• Purchase a business and be involved in its day-to-day operations

• Are the majority shareholder

• Have two years of relevant experience

• Pass medical examination

• Pass criminal and security check

• Score 35 points on the selection grid

How we Help

1. Introduction to business brokers and Federal Government online resoures to assist in finding an opportune business to buy.

2. Provide help and assitance on all key formalities involved: commercial, legal, tax.

3. Complete the application and submit it to IRCC for work permit.

To acquire or invest in a business, we provide you with options that best meets with your needs, contact us to complete and submit your documentation professionally.