1. TEMPORARY ENTRY
Subject to certain exemptions discussed below, individuals cannot work in Canada without a valid work permit.
The standard process for an employer to bring a foreign worker into Canada is to obtain a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC)/Service Canada. The employer in Canada would most likely need to advertise for the position to Canadians and permanent residents before submitting the LMIA application. The LMIA is primarily based on the following factors:
- whether the work is likely to result in direct job creation/retention for Canadians;
- whether the work is likely to result in the creation or transfer of skills;
- whether the work is likely to fill a labour shortage;
- whether the wages are sufficient to attract Canadians and retain them in that work;
- whether reasonable efforts have been made to hire Canadians; and
- whether employment of the foreign national is likely to adversely affect the settlement of any labour dispute.
If the Canada United States and Mexico Agreement (CUSMA) or the General Agreement on Trade in Services (GATS) applies, there may be an exemption from a LMIA and a more streamlined process may be available. For example, under CUSMA, business visitors, professionals, traders and investors, and intra-company transferees qualify for preferential treatment. The GATS provides similar preferential treatment, with slightly more restrictive categories, for qualified workers from a WTO member country.
The intra-company transferee category under CUSMA is available where the non-resident will be employed by his or her foreign employer or a subsidiary or affiliate of the foreign employer. The non-resident must be working as an executive or manager or as a worker with specialized knowledge. An intra-company transferee category is also available under the GATS.
Citizens of certain countries can enter Canada on a temporary basis without a visa or a work permit. This includes employees of a non-resident corporation that carries on business in Canada. These individuals cannot enter the labour market and the activities the individual can undertake in Canada are restricted (e.g., the individual can only meet with other employees of the non-resident corporation or its subsidiary and cannot sell goods to the public). The temporary stay is generally limited to 182 days maximum.
2. PERMANENT RESIDENCE
A permanent resident can apply to work for any employer in Canada and their spouse or dependent children may also accept employment or attend school in Canada without any prior authorization. As the application for permanent residence takes longer than a work permit, those who have applied for permanent residence can apply for a work permit during the time that they are waiting for their permanent residence application to be approved.