Work Permit in Canada

 

Every year, more than 90,000 foreign workers come to Canada to start a temporary job here and help the Canadian employers fill up the shortage of skilled worker personnel.

The Regulations of Citizenship and Immigration Canada specify that the worker class is a category of persons who come to Canada with a temporary work permit and who may become temporary residents. “Work” is defined in the Regulations as an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market.

“Wages" or "commission” includes salary or wages paid by an employer to an employee, remuneration or commission received for fulfilling a service contract, or any other situation where a foreign national receives payment for performing a service.

What is a work permit for Canada and how to get it

Examples of “temporary work” include, but are not limited to:
• a foreign technician coming to repair a machine, or otherwise fulfill a contract, even when they will not be paid directly by the Canadian company for whom they are doing the work;
• self-employment, which could constitute a competitive economic activity such as opening a dry-cleaning shop or fast-food franchise. (A self-employed person may also be considered to be working if they receive a commission or payment for services);
• unpaid employment undertaken for the purpose of obtaining work experience, such as an internship or practice usually done by a student.

Activity that is not considered to be “work”: an activity which does not really ‘take away’ opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.

Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or Permanent Residents in the Canadian labour market and which would normally be part-time or incidental to the reason that the person is in Canada include, but are not limited to:
• volunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution; being a ‘big brother’ or ‘big sister’ to a child; being on the telephone line at a rape crisis center. (Normally this activity would be part time and incidental to the main reason that a person is in Canada);
• unremunerated help by a friend or family member during a visit, such as a mother assisting a daughter with childcare, or an uncle helping his nephew build his own cottage;
• long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;
• self-employment where the work to be done would have no real impact on the labour market, nor really provide an opportunity for Canadians. Examples include a U.S. farmer crossing the border to work on fields that he owns, or a miner coming to work on his own claim.

A temporary work permit in Canada is required for a foreign individual to work legally in Canada for a specific period of time. This kind of authorization to work in Canada requires prior approval - the case is processed at a Canadian visa office before the arrival in Canada and is a complex process to get a work permit in a quick and efficient manner. There are particular cases when the application for work permit could be made at a Canadian port of entry (border, airport, etc.)

Some applicants for a Canadian work permit will be required to undergo medical examinations before the work permit visa is issued, which can also effect the duration of the application process. This depends on specific criteria such as the duration of the work permit being requested, the residence of the applicant in the 12 months prior to the application, and the type of occupation (nurses and teachers will require medical examinations).

This website contains information on the work permit required to work in Canada to fill a temporary job.