Work Permit

Regulatory changes to the Temporary Foreign Worker Program take effect April 1st, 2011 Citizenship and Immigration Canada and Human Resources and Skills Development Canada, in consultation with stakeholders, worked collaboratively to develop amendments to the Immigration and Refugee Protection Regulations. These changes will help strengthen the integrity of the Temporary Foreign Worker Program and provide further protections for temporary foreign workers while alleviating temporary labour shortages.

As a result of these amendments, there are important changes to the Temporary Foreign Worker Program that affect employers and temporary foreign workers starting on April 1, 2011.

Highlights of the changes include:

  • A more rigorous assessment of the genuineness of the job offer;
  • A two-year prohibition from hiring temporary foreign workers for employers who have failed to meet their commitments to workers with respect to wages, working conditions and occupation; and
  • A limit on the length of time a temporary foreign worker may work in Canada before returning home.

Canada is ranked as the top immigration destination in the world which receives an estimate of 200,000 immigrants every year, of which, 90,000 foreigners enter Canada as temporary workers under work permit category. Work permit category is a very popular visa program and is intended for people with high levels of skills and experience. You are allowed to work in Canada for a short time if you have skills that are needed. In most cases, you must have a valid work permit.

 

These steps must be followed before you apply for a work permit:

  • An employer must first offer you a job.
  • HRSDC must normally provide a labor market opinion or “confirmation” of your job offer.
  • After HRSDC confirms that a foreign national may fill the job, you apply to CIC for your work permit.

However there are certain categories which are exempted from this process, and do not require you to have a work permit. These are:

  • Business Visitors
  • Foreign Representatives
  • Family Members of Foreign Representatives
  • Military Personnel
  • Foreign Government Officers
  • On-Campus Employment certain foreign students studying in Canada can work on their campus without a work permit.
  • Performing Artists
  • Athletes and Coaches
  • News Reporters
  • Reporters working for foreign newspapers, television channels, news agencies, or companies involved in reporting news events may work in Canada to report on events in Canada.
  • Public Speakers
  • Convention Organizers
  • Clergy
  • Judges and Referees
  • Examiners and Evaluators
  • Expert Witnesses or Investigators
  • Health Care Students
  • Civil Aviation Inspector
  • Accident or Incident Inspector
  • Crew Members
  • Emergency Service Providers

Spouse (wife, husband, or common-law partners) and dependents accompanying the temporary visa holder, if they want to work in Canada, they are required to have their own work permit. Your spouse may qualify for a work permit without the need for a job confirmation from Human Resources and Skills Development Canada (HRSDC). Before your spouse can apply for a work permit without an HRSDC confirmation, you must meet two requirements:

  • You must be authorized to work in Canada for six months or longer.
  • The work you are doing must meet a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level O, A or B in the National Occupational Classification.

If you meet these two requirements, your spouse may apply for a work permit that is “open” and that will allow them to accept any job depending on whether or not a medical exam was done.

 

Your spouse’s permit will be valid for the same period as your authorization to work in Canada.