Work permit
Work without permit
A foreign national may work in Canada without a work permit in certain circumstances. In order to qualify for a work permit exemption, the job must be on this list and they must meet the criteria for their specific job as outlined in the International Mobility Program .
Authorization to work without a work permit
Under this category, various subdivisions exist, but all business visitors must satisfy the following key requirements:
- No intention to enter the Canadian labor market, meaning no engagement in gainful employment within the country.
- Engaging in international activities while in Canada, indicating involvement in cross-border operations of some kind.
For business visitors employed by a foreign employer in Canada, the following assumptions are made:
- The primary source of the worker's compensation is from outside Canada.
- The primary workplace is located outside Canada.
- The employer's profits are generated outside Canada.
Business visitors can be categorized into different sub-categories, including:
After Sales Service: Visitors who come to Canada to provide repair, service, supervision, installation, testing of commercial or industrial equipment mentioned in the sales contract. Those training users or maintenance staff for specialized equipment can also fall under this category.
Board of Directors Meetings: Members of a board of directors attending meetings in Canada are eligible as business visitors, even if they receive compensation during their stay.
Employees of Short-Term Temporary Residents: Individuals employed full-time in a personal capacity by temporary residents in Canada, such as domestic servants or personal assistants, may be considered business visitors. If the stay extends beyond 6 months, a Labour Market Impact Assessment and Work Permit may be required.
Employees of Foreign Companies Contracting Canadian Companies: When a foreign company contracts a Canadian company for services in Canada, they may send employees to ensure satisfactory work. These employees may be considered business visitors as long as they maintain their employment with the foreign company, remain on their payroll, and the foreign company remains the beneficiary with its principal place of business outside of Canada. This category allows for a maximum stay of two years in Canada.
The personal employees and family members of foreign representatives are allowed to work in Canada without a work permit. The Department of Foreign Affairs and International Trade (DFAIT) accreditation process for foreign representatives should be followed. This exception also applies to diplomatic representatives to United Nations offices in Canada.
The Protocol Department of DFAIT must issue a "no objection letter" before allowing family members of foreign representatives to work without a work permit.
- are a full-time post-secondary student at a private or public post-secondary school or Canadian private school that can legally award degrees under provincial law
- have a valid study permit, and
- have a Social Insurance Number (SIN).
Athletes of all levels, including professionals and amateurs, are welcome to visit Canada to take part in sports alone or as a team.
The following individuals are only a few of those that Immigration, Refugees and Citizenship Canada (IRCC) mentions as potentially qualifying for this exemption:
- Canadian teams with amateur athletes
- Foreign pet owners participating in a presentation with their own animals
- Foreign-based stables' jockeys compete on racing horses
- Race Car Drivers
- People taking part in professional team tryouts.
- Participants from an international team competing in Canada
- Part-time or full-time instructors and coaches
- Professional athlete spouses are qualified for a work permit during their stay in Canada that is not subject to a Labour Market Impact Assessment.
Canada has entered into agreements with other countries that facilitate the international exchange of government employees. These agreements allow for the employment of foreign workers within federal or provincial government departments or agencies. For executive-level officers, a contract from Canada's Public Service Commission (PSC) is required. However, officers below the executive level do not need a contract, although assignments lasting more than three months should have a formal letter of agreement between the officer and their Canadian employer.
Family members of officers covered under this exemption will typically receive an open work permit or be exempt from the permit requirement while in Canada.
The immigration requirements for various performers and performances have been outlined by Immigration, Refugees and Citizenship Canada (IRCC, previously known as CIC).
Entry Without a Work Permit:
- Bands performing at bars, pubs, restaurants, etc.
- Foreign-based musical and theatrical individuals and groups and their essential crew, working outside bars and restaurants.
- Street performers (buskers), DJs working outside a bar, restaurant, or similar establishment.
- A foreign or traveling circus.
- Guest artists (not employed) within a Canadian performance group for a time-limited engagement.
- Persons performing at a private event, such as a wedding.
- Artists attending or working at a showcase/workshop, which may include competing, judging competitors, demonstrating their skill, or holding a class related to the showcase/workshop.
Work Permit and Labour Market Impact Assessment (LMIA) Required:
- Actors, singers, crew, etc., in Canadian theatrical productions, shows, circuses.
- Individuals involved in making films, TV, internet, or radio broadcasts.
- Individuals who will be in an employment relationship with the organization or business contracting for their services in Canada.
- Performers in a Canadian-based production or show.
- Rodeo performers or sideshow workers (e.g., rodeo clowns and announcers, horsemanship, or trick riding displays, 'half-time acts,' and other specialty act entertainers).
It is not necessary to have a work permit for employees who are coming to Canada to perform services during an emergency. Their job should be done to protect people and property in the event of natural disasters or industrial accidents.
In order to expedite the passage of emergency aid personnel across the border between the two nations, Canada and the United States have explicitly engaged into agreements.
Doctors or medical teams, appraisers, and foreign insurance adjusters could all be included in this group of employees.
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