Work In Canada: Are Foreigners Legally Authorized?

If you want to work in Canada, there are a few options for you: a permanent residence permit, a work permit, or a study permit. Each has a different purpose and requirements. For instance, with a permanent residence permit, you can start looking for a job while still in your home country, but you can't start working until you've moved to Canada and received your SIN (Social Insurance Number). On the other hand, a work permit can be open or employer-specific, and a student visa allows you to work without becoming a permanent resident. Regardless of the type of permit, you must meet specific requirements, such as having enough funds to support yourself and obeying the law.

Work permits and eligibility

To work lawfully in Canada, most people need a work permit. This is a document issued by the Canadian government that allows foreign nationals to work legally in Canada for a specific period. Work permits are issued by Immigration, Refugees and Citizenship Canada (IRCC), a government agency that helps newcomers settle in Canada.

There are two main types of work permits: employer-specific and open work permits. An employer-specific work permit allows you to work according to the conditions on your permit, which include not working for an employer that offers striptease, erotic dance, escort services, or erotic massages, or who is listed as ineligible for failing to comply with conditions. A spouse or common-law partner of someone with a temporary foreign work permit in Canada, international student status, or who is a Canadian citizen or permanent resident may be eligible for an open work permit. This allows the holder to work for any employer without needing a new work permit when changing jobs, as long as the current permit remains valid.

To be eligible for a work permit, applicants must prove they will leave Canada when their permit expires, show they have enough funds to support themselves and their family during their stay and to return home, obey the law and have no criminal record, and provide any other documents requested by an officer. Applicants must also apply for their work permit before they travel to Canada, although it is possible to apply for one when entering the country if eligible. To apply at a port of entry, applicants must meet certain criteria, such as being an International Experience Canada applicant who is not a US citizen or permanent resident.

After working in Canada for at least one year with a temporary work permit, workers can apply for a permanent work permit through one of three programs offered by the Canadian government. The exact requirements vary by visa program and individual circumstances, but some requirements are standard across all three programs. Applicants can apply through the online Express Entry system for Canadian immigration.

Permanent residence permits

To work lawfully in Canada, most foreign nationals need a work permit. There are two types of work permits: an employer-specific work permit and an open work permit. The former allows you to work according to the conditions outlined in the permit, including the name of the specific employer you can work for. The latter permits you to work for any employer except those listed as ineligible or those offering certain adult entertainment services.

A permanent residence permit is also an option for those seeking to work in Canada. With this permit, you can search for a job while still in your home country, but you cannot start working until you have moved to Canada and received your Social Insurance Number (SIN). This number must be obtained within three days of starting a job in Canada and is required for both temporary and permanent residents.

There are several eligibility requirements for obtaining a work permit. Applicants must prove that they will leave Canada when their permit expires, demonstrate that they have sufficient funds to support themselves and their family members during their stay and upon their return home, and show no record of criminal activity. Applicants must also not plan to work for an employer listed as "ineligible" or one that offers specific adult entertainment services.

International students who have graduated from a designated learning institution may be eligible for the Post-Graduation Work Permit Program, and students who can no longer meet the costs of their studies (destitute students) may be eligible for an employer-specific work permit if they are being or are at risk of being abused in relation to their job in Canada.

Student visas

If you are a non-Canadian citizen or permanent resident, you will need a work permit or a specific type of visa to work lawfully in Canada. One such visa is a Student visa.

International students can apply for a Canadian study permit, which, once approved, will be attached to their passport. This document, along with their valid passport, will allow them to enter and remain in Canada for the duration of their studies. Students must be enrolled at a designated learning institution (DLI) and have proof of acceptance. They must also demonstrate that they have sufficient funds to support themselves and any dependants during their stay.

Students can apply for a study permit online or by paper application, depending on their country of residence. The process typically involves submitting various documents, including proof of identity, proof of financial support, and a medical examination. They may also be required to provide biometrics (fingerprints and a photo). Processing times vary, so it is recommended to apply as early as possible before the intended start date of studies.

A study permit is usually valid for the duration of the student's program, plus an additional 90 days. This grace period allows students to prepare to leave Canada or apply to extend their stay. During their studies, students may be eligible to work on or off-campus for up to 20 hours per week without a work permit, provided they meet certain conditions. This can include working in positions related to research or teaching assistance.

Spouses or common-law partners of students may also be eligible for an open work permit, allowing them to work for any employer in Canada during their partner's studies. This provides an opportunity for partners to gain valuable Canadian work experience and contribute financially to the household.

Employer requirements

For foreign nationals to work in Canada, they must have a valid work permit or be a permanent resident or citizen of Canada. There are two types of work permits: an employer-specific work permit and an open work permit. An employer-specific work permit allows international workers to work in Canada for a specific employer and outlines the conditions of employment, including the type of work and the duration. An open work permit, on the other hand, allows the worker to work for almost any employer in Canada.

Employers in Canada have certain responsibilities when hiring foreign workers. Firstly, they must ensure that the employee has a valid work permit. Employers should be aware of the eligibility requirements for work permits and should not discriminate against applicants based on citizenship or residency status. While they are not legally required to treat temporary workers equally during the hiring process, they must adhere to the Code and avoid any form of discrimination.

Before hiring a foreign worker, employers should confirm that the employee meets the eligibility criteria for a work permit. This includes ensuring that the employee will obey the laws and regulations of Canada and does not have a criminal record. Additionally, employers should be aware of the list of ineligible employers who have failed to comply with the conditions or regularly offer prohibited services, such as striptease, erotic dance, escort services, or erotic massages.

To facilitate the employment of an international worker, a Canadian employer may secure a Labour Market Impact Assessment (LMIA). This assessment assists the employee in obtaining a work permit, but it does not constitute sponsorship of a work visa. It is important to note that employers are not responsible for the employee's visa or residency status; however, they may be required to provide certain documentation or take specific steps for the employee's employer-specific work permit.

Document requirements

To be authorized to work lawfully in Canada, you must have a work permit (or work visa). This is a document issued by the Canadian government that allows foreign nationals to work legally in Canada for a specific period of time. Work permits are issued by Immigration, Refugees and Citizenship Canada (IRCC), a government agency that helps newcomers settle in Canada.

There are different types of work permits, including employer-specific work permits and open work permits. For an employer-specific work permit, your employer must have completed all the required steps. For an open work permit, you must meet certain eligibility criteria, such as being an international student who graduated from a designated learning institution or being a student who can no longer meet the costs of their studies.

To apply for a work permit, you will need to submit an application packet that includes all the necessary forms and documents. This typically includes a positive Labour Market Impact Assessment (LMIA), a job offer, proof of identity, health records, financial records, and biometrics. You may also be required to take a medical exam before coming to Canada.

It is important to note that you must meet specific requirements, regardless of the type of work permit you are applying for. These include proving that you will leave Canada when your work permit expires, demonstrating sufficient financial resources, obeying the law with no record of criminal activity, and providing any additional documents requested by an officer to prove your entry into the country.

Frequently asked questions