How Foreign Employees Can Legally Work In Canada?
To avoid a conflict with Canadian authorities, it is best to ensure that foreign employees can legally work in Canada and are authorized to do so. Here’s how foreign employees can legally work in Canada.
Well, you have three main options:
- Work permit exemptions
- The International Mobility Program (IMP)
- The Temporary Foreign Worker Program (TFWP)
| Option | Description | Level Of Effort Required | Summary Of Criteria | Duration Of Work Status |
| Work Permit Exemptions | Various situations in which work permits are not required | Lowest | Temporary/ short periods of work. Typically, employees cannot be entering the Canadian labor market. | Less than six months of work. |
| IMP | Work permits for specific situations | Medium | Varies. More specific eligibility requirements than the TFWP. | 1-3 years (can be renewed – but important exceptions) |
| TFWP | General work permits for foreign workers | High | Less restrictive than IMP. Labor Market Impact Assessment required. Advertising the position to Canadians is also usually required. | 1-3 years (varies by stream – can be renewed) |
In general, you should first check if any of the work permit exemptions apply to your situation.
Also, if no work permit exemption applies, you should consider the International Mobility Program to see whether one of these work permits applies to your situation.
Lastly, if neither the work permit exemption nor the IMP can suffice, you would next consider whether to pursue a work permit through the Temporary Foreign Worker Program (TFWP).
Work Permit Extension
Foreign employees can legally work in Canada via the work permit extension. Therefore, in certain scenarios, foreign nationals do not require work permits to legally work in Canada.
Typically, these are scenarios where foreign nationals do not enter the Canadian labor market.
Below are two common examples:
1. After-Sales Service Agreement
A foreign manufacturer sells specialized industrial equipment to a Canadian client. Foreign workers can be sent in to perform after-sales service on the equipment so long as the services are related to the original sales contract.
– For instance, a Canadian manufacturing facility purchases an industrial robot from a US-based company. Moreover, installation services are included in the sales price. Also, the US-based entity sends a team of technicians to Canada to install the equipment. The workers install the equipment at the plant in Canada over the course of two weeks and then return to the United States.
2. Film and TV Production
A foreign production company wishes to film its new project, which is entirely foreign-financed, on-site in Canada locations. Provided all the finances remain outside Canada, the company can also send in foreign workers and actors to film on location in Canada.
There are many work permit exemptions. Whenever you encounter a scenario where you would like to send foreign workers to Canada for a short-term or temporary basis for a specific purpose, you may consider consulting with a legal professional to see if a work permit exemption applies in your case.
Moreover, for all work permit exemptions, the workers shouldn’t be entering the Canadian labor market.
Their pay and primary work location must also remain outside of Canada to qualify for a work permit exemption.
Furthermore, simply qualifying for a work permit exemption does not guarantee entry to Canada. Foreign nationals must seek admission to Canada as business visitors and might need to explain and provide evidence why they qualify for the exemption at the border.
Lastly, unless they are eTA-exempt, they will also need to obtain a Temporary Resident Visa or Electronic Travel Authorization, depending on their country of origin.
International Mobility Program
Another way foreign employees can legally work in Canada is through the International Mobility Program (IMP). This umbrella work permit program has a mandate to offer societal, cultural, and economic benefits to Canada.
There are various work permits available under the IMP, each of which has different requirements. Below are a few examples:
| Work Permit | Description |
| Intra Company Transferees | Employer-specific work permit for employees transferring employment from a foreign multinational to an appropriately related Canadian enterprise. Moreover, ICTs are only available for executives, senior managers, and employees with highly specialized knowledge – who have been employed by the foreign multinational for at least 1 year. |
| CUSMA Professionals | Work permit for citizens of the United States or Mexico, working in an eligible profession with arranged employment for a Canadian enterprise. |
| International Experience Class – Young Professionals | Employer-specific work permit for youth from countries with bilateral youth mobility agreements with Canada. |
| International Experience Class – International Co-op (Internship) | Employer-specific work permit for post-secondary students doing co-op work terms in Canada as part of their study programs. |
International Mobility Program: Intra-Company Transferees
There are two main scenarios for ICTs:
- Nations covered by a free-trade agreement
- Nations not covered by a free trade agreement
In cases where the country is covered by a free trade agreement, the employer and the employee will have more scenarios in which they can qualify for ICTs. As a result, it will be easier for them to meet the eligibility requirements.
Nations without free trade agreements can still take advantage of ICTs when eligible. However, they will face more limited scenarios and stricter requirements than those with free trade agreements.
Therefore, you must plan to use ICTs for key personnel only, not as a general means of transferring your foreign workforce into Canada.
International Mobility Program: CUSMA Professionals
Citizens of the United States or Mexico with arranged employment for Canadian employers in eligible professions might qualify for a work permit under the CUSMA.
Moreover, there are over 63 eligible professions across a number of professional occupations, including management consultants, scientists and scientific technicians, teachers, and medical professionals.
Furthermore, foreign nationals should provide professional-level services in their field of qualification.
Also, if the profession is a regulated profession, the foreign national might require the necessary licensing to practice their profession in Canada.
In addition, self-employment is not allowed for this work permit, so the Canadian enterprise cannot be substantially controlled by the work permit holder, and the work permit holder might not solicit business in Canada.
If the professional will be working on more than one contract, they will require multiple work permits – one for each Canadian enterprise.
Which Professions Are Eligible For CUSMA?
Foreign workers can legally work in Canada via CUSMA. The following professions are eligible for a CUSMA work permit.
- Accountant
- Agriculturalist
- Animal Breeder
- Animal Scientist
- Apiculturist
- Architect
- Astronomer
- Biochemist
- Biologist
- Chemist
- Computer Systems Analyst
- Dairy Scientist
- Dentist
- Dietician
- Disaster Relief Insurance Claims Adjuster
- Economist
- Entomologist
- Engineer
- Epidemiologist
- Forester
- Geneticist
- Geochemist
- Geologist
- Geophysicist
- Graphic Designer
- Horticulturist
- Hotel Manager
- Industrial Designer
- Interior Designer
- Land Surveyor
- Landscape Architect
- Lawyer (including Notary in Quebec)
- Librarian
- Management Consultant
- Mathematician
- Medical Laboratory Technologist
- Meteorologist
- Nutritionist
- Occupational Therapist
- Pharmacist
- Pharmacologist
- Physician
- Physicist
- Physiotherapist
- Plant Breeder
- Poultry Scientist
- Psychologist
- Range Manager
- Recreational Therapist
- Registered Nurse
- Research Assistant
- Scientific Technician/Technologist
- Social Worker
- Soil Scientist
- Silviculturist
- Teachers (College, Seminary, and University)
- Technical Publications Writer
- Urban Planner
- Veterinarian
- Vocational Counselor
- Zoologist
So, this is the complete list of professions as of November 1, 2024. No other professions are eligible.
Although job titles might vary, these professions refer to those set out in Canada’s National Occupation Classification (NOC).
International Mobility Program – International Experience Class
The International Experience Class is a work permit program for youth from nations with bilateral youth mobility agreements with Canada.
In addition, to qualify, the work permit holder must be a foreign national of a participating country. They must also be between the ages of 18 and 35, or 30 for some nations.
Which Nations Have Bilateral Youth Mobility Agreements For The IEC?
The following nations have bilateral youth mobility agreements with Canada.
- Andorra
- Australia
- Austria
- Belgium
- Chile
- Costa Rica
- Croatia
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hong Kong
- Iceland
- Ireland
- Italy
- Japan
- Latvia
- Lithuania
- Luxembourg
- Mexico
- Netherlands
- New Zealand
- Norway
- Poland
- Portugal
- San Marino
- Slovakia
- Slovenia
- South Korea
- Spain
- Sweden
- Switzerland
- Taiwan
- Ukraine
- The United Kingdom
Temporary Foreign Worker Program
The last way via which foreign employees can legally work in Canada is the Temporary Foreign Worker Program.
If a work permit exemption does not apply to your scenario, and your employee cannot qualify for an IMP work permit, you can pursue a work permit through the TFWP.
The TFWP is intended to provide Canadian employers with access to foreign labor when they are unable to fill their needs with Canadian citizens or permanent residents.
Moreover, the TFWP requires the most effort of the employer-based work permit options. It has numerous streams, each with slightly different requirements.
| Stream | Description |
| Global Talent Stream | For select employers determined by the Canadian government, or for employers looking to fill highly-skilled in-demand positions on the Global Talent Occupations list. |
| Permanent Resident Stream | For hiring an employee while supporting their application for Canadian permanent residence. The job offer must meet specific requirements based on the appropriate federal economic immigration program. |
| High-Wage Stream | For positions at or above the provincial or territorial median hourly wage. Note: starting November 8, must be 20% above the median wage. |
| Low-Wage Stream | For positions below the provincial or territorial median wage. Note: processing of LMIAs for the low-wage stream is currently paused in certain regions. |
| Primary Agriculture Positions | For hiring agricultural workers. |
| Caregiver Positions | For hiring full-time in-home caregivers for family members. |
| Foreign Academic Positions | For employees whose primary duties are teaching and research for Canadian universities and university colleges. |
In order to obtain a work permit through the Temporary Foreign Worker Program (TFWP), you must undergo a Labor Market Impact Assessment with a positive or neutral result.
IRCC and ESDC require LMIAs for employers to prove that no Canadian citizens or permanent residents are available to fill the position.
Generally, before applying for an LMIA, you should advertise the job and show recruitment efforts within Canada.
Moreover, there are some exceptions within the TFWP in which advertising is not required.
Also, TFWP work permits might be issued for 1-3 years, depending on the stream.
In order to renew a TFWP work permit, you must undergo the LMIA process again.
If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490. You can also drop us an email at [email protected].
