Overview

Canadian employers are permitted to hire foreign nationals to fill temporary labour and skill shortages when qualified Canadian citizens or permanent residents are not available. Foreign nationals wishing to temporarily work in Canada will likely have to apply for a Work Permit and while most temporary foreign workers will be hired to address a specific and short-term labour need, some temporary foreign workers can transition to permanent residence if they meet certain requirements.

Human Resources and Skills Development Canada (HRSDC)

The Temporary Foreign Worker Program (TFWP) is jointly managed by Human Resources and Skills Development Canada (HRSDC) and CIC. 

A labour market opinion (LMO) is often required in order for an employer to hire a foreign worker. A positive LMO demonstrates that:

• the employer has tried, unsuccessfully, to find a Canadian citizen or permanent resident for the job;
• the job offer is genuine; and,
• the employer has met job offer commitments to temporary foreign workers they have hired in the past.

Various jobs do not require HRSDC authorization in order to hire a foreign worker and certain categories of workers may be exempt from the LMO requirement due to an international trade agreement, such as NAFTA, or an agreement between the federal government and a provincial or territorial government.

After obtaining an LMO, or if an LMO is not required, the worker needs to apply to CIC for a work permit. 

Eligibility Requirements

Temporary foreign workers must:

• prove to an officer that they will leave Canada when their work permit expires,
• show that they have enough money to take care of themselves and family members during their stay in Canada and to return home,
• obey the law and have no record of criminal activity (police clearance certificate may be required),
• 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 on the list of ineligible employers,
• not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages,
• not have worked in Canada for one or more periods that total four years after April 1, 2011 (with some exceptions), and
• give the officer any other documents they ask for to prove they can enter the country.

Applying for a Work Permit

Outside Canada

Anyone may apply for a work permit before they enter Canada, with some cases necessitating temporary foreign workers to apply to a visa office outside Canada. This is typically the case when temporary foreign workers need a visa to enter Canada or require a medical exam before coming to Canada.

Inside Canada

An application for a work permit can be made from inside Canada if an individual:

• is currently in Canada and has a valid study or work permit, or their spouse or parents have a study or work permit,
• has graduated from a program at a
  • Canadian university,
  • community college,
  • CÉGEP,
  • publicly funded trade/technical school, or
  • other eligible school.
• has a temporary resident permit that is valid for six months or more, or
• is in Canada because they have already applied for permanent residence from inside Canada.

Port of Entry

An application for  a work permit can be made as an individual enters Canada but only if:

• they are from a visa exempt country and have an electronic travel authorization (eTA) or are eTA exempt,
• they already hold a valid medical certificate, if required for the job, or if from a designated country, and either 
• they have proof that their employer has submitted a copy of a valid Labour Market Impact Assessment (LMIA), if needed, or
• they have the ID number of their employer received when they submitted an offer of employment through the Employer Portal, if a LMIA is not required and the individual will be working for a specific employer.

Since the TFWP is designed to help temporary gaps in Canada’s labour market, most temporary foreign workers are limited to working in Canada for four years.  However, most temporary foreign workers are able to apply for permanent residence in Canada under various programs.

For further information regarding the procedures for applying for a work permit, please contact our office.