Temporary Residence

A foreign national is generally only allowed to work in Canada with a work permit or authorization to work without a permit.

Work Permits

If you wish to work temporarily in Canada, you will likely require a work permit issued by an immigration officer with IRCC authorizing you to work while in Canada. It is usually valid only for an specific job, employer and length of time stated on the permit, and the position must be obtained before an application for the work permit. A work permit will not be issued to allow a foreign national to come to Canada to seek employment. Work permits for temporary foreign workers may be obtained through one of two streams; the Temporary Foreign Worker Program or The International Mobility Program

Temporary Foreign Worker Program (TFWP):

The TFWP is a program of the IRCC which allows Canadian employers to hire foreign workers to fill temporary labour and skill shortages. The TFWP is jointly administered by IRCC and the government department of Employment and Social Development Canada (“ESDC”). Work permits issued to a foreign national under the TFWP are specific to an employer, position, and wage and are for a maximum of one year (though it may be extended).

For a foreign national to be approved for a work permit to accept employment in Canada under the TFWP, ESDC must review the proposed employment and issue a positive labour market impact assessment (“LMIA”) in relation to that employment. During an LMIA, ESDC will review criteria including the eligibility of the employer to hire foreign nationals, the nature of the proposed employment position, the impact of hiring a foreign national on Canadian workers, and the efforts made to recruit Canadian workers to the position.

There are a number of programs administered by ESDC as part of the TFPW that employers and applicants should be aware of including the Seasonal Agricultural Workers Program (SAWP) and Live-in Caregiver Program (LCP).

KC Immigration Services can provide support to employers and applicants throughout the LMIA and TFWP processes, including:

• review of job offers to foreign nationals to ensure offers meet the necessary requirements for LMIA processing;
• identification of opportunities for the use of TFWP streams and opportunities and review of eligibility requirements with employers and applicants;
• assistance with drafting of application documents; and
• assistance with response to ESDC and IRCC inquiries.

International Mobility Program (IMP):

The IMP allows employers to hire temporary foreign workers without an LMIA where it can be established that the temporary worker’s skills will provide economic, cultural or other competitive advantages for Canada and will provide reciprocal benefits for other Canadians.

Examples of categories of LMIA-exempt employment under the IMP include:

Business Visitors – This category permits entry to Canada for individuals engaged in international business or trade activities, its criteria for entry. Eligible activities in this category may include after-sales services or activities in the film or recording industry. General criteria for LMIA-exemption under this category include the absence of an intent to enter the Canadian labour market, activity of the foreign worker must be international in scope, and there is a presumption of a foreign employer.

Exemptions based on agreements – Work permits may be issued without an LMIA for individuals who are applying for temporary work under the North American Free Trade Agreement and Provincial program nominees.

Special Circumstances – A work permit could be issued in the absence of an LMIA for unique work situations such as for caregivers or where the applicant has humanitarian reasons.

Open Work Permits – Certain individuals may also qualify for an LMIA-exempt open work permit. Open work permits are not tied to a specific employer, position or offer. Classes of individuals who may be issued an open work permit if they meet the other requirements include:

• spouses of foreign skilled workers and foreign students;
• professional athletes playing in Canada;
• members of the live-in caregiver class who have met the requirements for permanent residence; and
• members of the spouse or common-law partner class who are the subject of a sponsorship application.

KC Immigration Services can assist employers and individuals with identifying the most appropriate programs for potential approval of work permits. KC Immigration Services can also provide support in the drafting of all application documents and responding to inquiries from IRCC throughout the application process.

Individuals traveling to Canada for a temporary purpose, such as tourists, temporary foreign workers (work permits) and international students (study permits) will be required to have the necessary documentation to enter the country and must apply for and be granted a Temporary Resident Visa (TRV). The TRV is a document issued by a Canadian Immigration Visa Office outside Canada, showing that the holder has satisfied the requirements for admission to Canada as a visitor. Temporary Resident Visas may be for single entry or multiple entries.

The Canada Visitor Visa is a popular choice for applicants wishing to visit Canada for a temporary period of up to 6 months.

Visas are available under three different categories:

A single entry Canada Visitor Visa

Allows you to visit Canada only once and is valid for six months. You can apply to extend your Canadian Visitor Visa if needed and will need to make an application for an extension at least 30 days before expiry.

A Multiple Entry Canada Visitor Visa

Allows you to enter and depart Canada on multiple occasions and is valid for up to six months, depending on the issuing case officer. You will need to specify how long you will require your Canadian Visitor Visa (not exceeding a six month period) and leave it to the case officer to decide if this is necessary.

A Transit Canada Visitor Visa

This visa was initially designed for those people entering Canada for 48 hours or less. For example, if your method of transport has to stop in Canada and you are from a country that requires you to have a visa to visit Canada, you will need a Transit Visa.

Persons who do not meet the requirements for entry to Canada will generally not be allowed to enter or remain in Canada. Individuals who do not meet the criteria for entry or who have not obtained the proper documents to authorize their entry to Canada may be refused permanent resident or temporary resident visas while still abroad, but may also be denied admission to Canada at a port of entry on arrival.

Canadian immigration officers do have some discretion, in exceptional circumstances, to issue a temporary resident permit to allow an inadmissible person to enter or remain in Canada. If you are currently inadmissible to enter Canada, we can assist in reviewing the possibility of obtaining a temporary resident permit.

KC Immigration Services can provide assistance in obtaining the necessary documentation to enter Canada. Please contact us for more information on these services.