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Work Visa

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Work Permit

Most foreign nationals need a work permit to work in Canada and there are 2 types of work permits.

Employer-specific work permit

An employer-specific work permit lets you work in Canada according to the conditions on your work permit, such as:

  • the name of the specific employer you can work for
  • how long you can work
  • the location where you can work (if applicable)

Before you submit your application for an employer-specific work permit, the employer who wants to hire you must complete certain steps and give you either a copy of a Labour Market Impact Assessment or an offer of employment number to include in your application.

Open work permit

An open work permit lets you work for any employer in Canada, except for one that:

Eligibility requirements for all applicants

There are specific requirements you need to meet depending on where you are when you apply for your work permit.

But regardless of where you apply or which type of work permit you apply for, you must:

  • prove to an officer that you will leave Canada when your work permit expires
  • show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home
  • obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate),
  • 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 listed with the status “ineligible” on the list of employers who failed to comply with the conditions
  • not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and
  • give the officer any other documents they ask for to prove you can enter the country

Eligibility requirements if you apply from outside Canada

Anyone can apply before they enter Canada. However, there may be visa office requirements that you need to meet depending on what country or territory you’re applying from.

Eligibility requirements if you apply from inside Canada

You can only apply for a work permit from inside Canada if:

  • you have a valid study or work permit
  • your spouse, common-law partner or parents have a valid study or work permit
  • you’ve graduated from a program at a:
    • Canadian university
    • community college
    • CÉGEP
    • publicly funded trade/technical school, or
    • other eligible school
  • you have a temporary resident permit that is valid for six months or more
  • you’re waiting on a decision on an application for permanent residence from inside Canada
  • you made or will make a claim for refugee protection
  • you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
  • you’re allowed to work in Canada without a work permit but you need a work permit to work in a different job, or
  • you’re a trader, investor, intra-company transferee or professional under NAFTA

Eligibility requirements if you apply when you enter Canada at a port of entry (POE)

We recommend that you apply for your work permit before you travel to Canada. However, you can apply for a work permit when you enter Canada if:

  • you don’t need a visitor visa to come to Canada
  • you’re applying for an open work permit, or
  • your employer has completed all of the required steps for your employer-specific work permit

You may need to take a medical exam before you come to Canada. Find out if you need one.

Seasonal Agricultural Worker Program

If you’ll be working in the Seasonal Agricultural Worker Program, you’re not eligible to apply for a work permit at a POE.

 

Intra-Company Transfers

The intra-company category permits international companies to temporarily transfer qualified employees to Canada for the purpose of improving management effectiveness, expanding Canadian exports, and enhancing competitiveness in overseas markets.

The entry of intra-company transferees is guided by the Immigration and Refugee Protection Regulations and the general provisions of this section, and is supplemented by provisions contained in international trade agreements for citizens of signatory countries.

  1. Qualified intra-company transferees require work permits and are exempted from the Labour Market Impact Assessment (LMIA) under paragraph R205(a) (exemption code C12) as they provide significant economic benefit to Canada through the transfer of their expertise to Canadian businesses. This applies to foreign nationals from any country, including under the General Agreement on Trade in Services (GATS).
  2. Paragraph R204(a) provides for LMIA exemption code T24 for qualified intra-company transferees who are citizens of a country that has signed a free trade agreement (FTA) with Canada, namely NAFTA (and similar FTAs), and supplements the Immigration and Refugee Protection Act general provisions.

Intra-company transferees may apply for work permits under the general provision if they

  • are currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;
  • are transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline);
  • are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;
  • have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application. Extensions may be granted up to the five- and seven-year maximums referred to in the section Breaks, recaptured time and duration of work permit limit below and in the section on the categories of work with validity periods which may not be exceeded. Documented time spent outside Canada during the duration of the work permit can be “recaptured” to allow the intra-company transferee five or seven full years of physical presence in Canada;

    Note: If the applicant has not had full-time work experience with the foreign company, the officer should consider other factors before refusing the applicant solely on this basis, such as the following:

    • the number of years of work experience with the foreign company;
    • the similarity of the positions (e.g., is the applicant coming to work for a short period of time versus coming from a part-time position to a full-time long-term position?);
    • the extent of the part-time position (i.e., two days a week versus four days a week);
    • signs that this is an abuse of the intra-company transferee provision.
  • are coming to Canada for a temporary period only;
  • comply with all immigration requirements for temporary entry.

Guidelines when assessing start-up companies

Requirements for the company

  • Generally, the company must secure physical premises to house the Canadian operation, particularly in the case of specialized knowledge. However, in specific cases involving senior managers or executives, it would be acceptable that the address of the new start-up not yet be secured; for example, the company may use its counsel’s address until the executive can purchase or lease a premise.
  • The company must furnish realistic plans to staff the new operation.
  • The company must have the financial ability to commence business in Canada and compensate employees.
  • When transferring executives or managers, the company must
    • demonstrate that it will be large enough to support executive or management function.
  • When transferring a specialized knowledge worker, the company must
    • demonstrate that it is expected to be doing business;
    • ensure that work is guided and directed by management at the Canadian operation.
Duration of work permits
  • Initial work permit: one year
  • For renewals, evidence should be provided that
    • the Canadian and foreign companies still have a qualifying relationship;
    • the new office has engaged in the continuous provision of goods or services for the past year;
    • the new office has been staffed.

Post Graduate Work Permit

You have 180 days after your school issues your final marks to apply for a post-graduation work permit (PGWP).
To be eligible, your study permit must have been valid at some point during these 180 days.

Don’t let your status expire while you wait for your marks.
If your study permit will expire before you get your marks, you have 2 options.

  • You can
    • apply for a visitor record to stay in Canada longer, or
    • leave Canada and apply for your PGWP
  • You must also have
    • completed a study program
    o at a designated learning institution
    o that was at least 8 months long and
    o that led to a degree, diploma or certificate
    • maintained full-time status as a student in Canada during each semester of your study program
    o this doesn’t include your final semester, which can be part-time, or if you took an approved leave from your studies
    • graduated from 1 of the following:
    o a public post-secondary school, such as a college, trade/technical school, university, or CEGEP (in Quebec)
    o a private post-secondary school (in Quebec) that operates under the same rules as public schools in Quebec
    o a private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer, that leads to a diplôme d’études professionnelles (DEP or an attestation de spécialisation professionnelle (ASP)
    o a Canadian private school that can award degrees under provincial law (for example, Associate, Bachelor’s, Master’s or Doctorate degree) but only if you’re enrolled in a study program that leads to a degree as authorized by the province
    Exceptions

You aren’t eligible for a PGWP if you
• already received a PGWP
• studied English or French as a second language
• took general interest or self-improvement courses
• participated in the Government of Canada Awards Program funded by Global Affairs Canada (GAC)
• had funding from GAC
Note: if you got a Study in Canada scholarship you’re still eligible for a PGWP
• got the Equal Opportunity Scholarship, Canada-Chile
• participated in the Canada-China Scholars’ Exchanges Program
• participated in the Organization of American States Fellowships Program
• completed the majority of a study program by distance learning (online courses, e-learning or correspondence)
• completed a study program at a non-Canadian institution located in Canada


If your passport expires before your PGWP should
Make sure your passport is valid for the entire length of time your PGWP would be.
If your passport expires earlier than your PGWP would, we
• issue you a PGWP that’s only valid until your passport expires
• tell you if you need to extend it to get the full validity of your PGWP

Expert advice in Canada

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Visitor visa for spouse

The spouse of a foreign student studying in Canada in his / her major is likely to apply for a work visa. The student’s spouse and children can work in this country while he or she is studying, so you can apply for a work permit for your spouse from the beginning and, at the same time as your Canadian student visa, or apply after the main applicant arrives in Canada. Visa can be extended until the end of the student’s study period.

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    ADDRESS

    63739 street lorem ipsum City, Country

    PHONE

    +12 (0) 345 678 9

    EMAIL

    info@company.com

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