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Canadian Immigration Requirements


Work Permits


To work legally in Canada, foreign nationals who are not Canadian citizens or permanent residents require a work permit.
A Work Permit is a document issued by the federal Department of Citizenship and Immigration (CIC) that allows a foreign national who is not a permanent resident to work temporarily in Canada. Work permits specify the employer the foreign worker may work for, the length of time they are allowed to work in Canada, as well as any conditions or restrictions.

There are a number of work permit categories covering a wide range of work situations in Canada. In some cases persons may apply directly to a CIC official at a visa office abroad or at a port of entry. In other cases, the company must first obtain a Labour Market Opinion (LMO) from Service Canada. For additional information about work permit requirements, see Temporary Work Permits.

In addition to meeting the requirements of the work permit category in which they have applied, all applicants must meet statutory requirements related to health and good character in order to be approved. In some cases, the employee may be required to complete a medical examination as part of the application process. Citizens of certain countries may also require a temporary resident visa in order to travel to Canada.

Of particular interest to multinational companies establishing or expanding operations in Ontario are the following work permit categories that do not require LMOs and instead permit an application directly to CIC (for further information, see the Citizenship and Immigration Department's "Foreign Worker - Intracompany Transfer Guide"):

Intra-Company Transferees: This category has specific requirements regarding the relationship of the foreign and Canadian entities, as well as employees eligible to be transferred. In summary, the category:


Permits the temporary transfer of senior executives, managers, or employees with specialized knowledge to a permanent and continuing establishment of the company;


Requires a qualifying relationship between the Canadian and foreign employer, i.e. affiliate, branch, parent or subsidiary;


Requires that the Canadian company be doing, or expect to be doing, business;


Requires the employee to have been working for the company in a similar capacity for at least one year in the previous three years;


Requires a letter from the employer to Immigration detailing how the company and employee meet the requirements;


Under the general provisions, executives and managers may be issued work permits for up to 7 years, provided the transfer remains temporary and specialized knowledge staff may remain in Canada for a maximum 5 years.


Spouses of highly skilled work permit holders may apply for their own work permit without the need for a LMO. In order to qualify, the applicant's spouse must have been approved for a work permit valid for six months or more in a management or high skill occupation as defined in the National Occupation Classification. The applicant does not need to have a written offer of employment from a Canadian employer in order to apply. Applications from spouses already admitted to Canada may be made by mail to the Case Processing Centre in Vegreville, Alberta. A spouse includes common-law or married partner. For further information, see Section 5 in the Citizenship and Immigration Department's "Foreign Worker - Intracompany Transfer Guide".


Companies seeking to recruit computer software professionals can benefit from the Information Technology Worker Program. This collaborative project between Citizenship and Immigration Canada, Human Resources and Skills Development Canada, Industry Canada and the Information and Communication Technology Council was set up to assist the Canadian software industry to meet industry needs for skilled workers. The program allows for the recruitment of qualified foreign software workers in seven software development areas without obtaining a specific job confirmation from HRSDC. Applicants who require a Temporary Resident Visa must apply at a visa office abroad (citizens of visa exempt countries may apply at a port of entry) and present a job offer letter detailing the specific duties of the position being offered, and have evidence of their education, training and work experience establishing their ability to meet the requirements of one of the seven job descriptions.
Staff in Canada on a work permit may apply for an extension to the Case Processing Centre in Vegreville, Alberta by mail. Applications must be submitted before the expiry of the existing work permit. We recommend applying at least 2-3 months in advance.

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