Ensuring that foreign employees are legally authorized to work in Canada is crucial to comply with Canadian regulations.
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There are three main pathways:
- Work Permit Exemptions
- International Mobility Program (IMP)
- Temporary Foreign Worker Program (TFWP)
| Option | Description | Effort Level | Criteria Overview | Work Duration |
|---|---|---|---|---|
| Work Permit Exemptions | Scenarios where work permits aren’t needed | Lowest | Temporary work without entering the Canadian labor market | Under 6 months |
| International Mobility Program (IMP) | Work permits for specific cases | Medium | Stringent eligibility; varies by stream | 1-3 years (renewable) |
| Temporary Foreign Worker Program (TFWP) | General work permits | High | LMIA required; Canadian recruitment often needed | 1-3 years (renewable) |
Typically, the first step is to check for any applicable work permit exemptions. If not eligible, consider the IMP as an alternative. If neither fits, explore options under the TFWP.
Work Permit Exemption
Certain cases permit foreign nationals to work in Canada without a work permit, generally where they don’t enter the Canadian labor market. Examples include:
- After-sales service agreements: Technicians installing equipment as part of a sales contract.
- Film and TV production: Foreign projects filmed in Canada with all financing sourced outside Canada.
In all cases, foreign workers must be paid by a non-Canadian entity, and their primary work location should remain abroad. Workers under these exemptions must still apply as business visitors and may need to obtain a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA) based on their country of origin.
Speak with an Immigration Expert about Work Permit Exemptions
International Mobility Program (IMP)
The IMP offers various work permit options intended to deliver economic and cultural benefits to Canada. Key IMP work permits include:
- Intra-Company Transferees: For employees transferring within a multinational to a related Canadian entity.
- CUSMA Professionals: U.S. and Mexican professionals working in eligible occupations.
- International Experience Class: For young professionals from countries with bilateral youth mobility agreements with Canada.
For intra-company transferees, the eligibility requirements vary based on whether the home country is part of a free trade agreement with Canada. CUSMA professionals need an employment offer and must work in a regulated profession, where licensing may be required.
Temporary Foreign Worker Program (TFWP)
If neither an exemption nor IMP work permit applies, the TFWP provides Canadian employers access to foreign labor when citizens or permanent residents are unavailable. The TFWP has various streams, each with specific criteria:
| Stream | Description |
|---|---|
| Global Talent Stream | For high-demand, specialized roles. |
| Permanent Residence Stream | Supports PR applications for job positions meeting specific program requirements. |
| High-Wage Stream | For roles at or above the regional median wage; wage must be 20% above median after Nov 8. |
| Low-Wage Stream | For roles below the median wage; limited regions due to current pause on LMIA processing. |
| Primary Agriculture | For hiring agricultural workers. |
| Caregiver Positions | For in-home caregivers. |
| Foreign Academic | For roles in teaching and research at Canadian universities. |
A Labour Market Impact Assessment (LMIA) is required to secure a TFWP work permit, confirming no Canadians are available for the position. Advertisements and recruitment efforts within Canada are usually necessary, though some exceptions exist.
TFWP permits are valid for 1-3 years, depending on the stream, and renewing requires a new LMIA.
Discover if Your Employees Qualify for Canadian Work Permits
