Temporary Work Permits | Macropus Immigration & Visa Services

Overview

A work permit or authorization to work without a permit is required in order for a foreign national to be allowed to work in Canada. There are specific requirements that must be met by the foreign national and the employer under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP).

The TFWP lets employers hire foreign workers to fill temporary labour and skill shortages.

The IMP lets employers hire temporary workers without a Labour Market Impact Assessment (LMIA). Exemptions from the LMIA process are based on broader economic, cultural or other competitive advantages for Canada; and reciprocal benefits enjoyed by Canadians and permanent residents.

Definition of “work”

“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.

Examples of “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 practicum normally done by a student.

What kind of activities are not considered to be “work”?

• An activity which does not really ‘take away’ from 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 centre (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;
• Short-term educational exchanges by high school students through international arrangements, such as the Regional Joint Cooperation Commission between Atlantic Canada and the archipelago of Saint-Pierre and Miquelon.

Authorization to work without a work permit

A number of situations may occur when an individual can perform work in Canada without needing to secure a Temporary Work Permit.

An individual who is eligible to work without a work permit may still require a Temporary Resident Visa to enter Canada on a temporary basis.

The following scenarios have been identified as instances where foreign nationals may perform work in Canada without a work permit:

• Business visitor
• Foreign representatives and Family members of foreign representatives
• Military personnel
• Foreign government officers
• On-campus employment
• Performing artists
• Athletes and team members
• News reporters, media crews
• Public speakers
• Convention organizers
• Clergy
• Judges, referees and similar officials
• Examiners and evaluators
• Expert witnesses or investigators
• Health care students
• Civil aviation inspector
• Aviation accident or incident inspector
• Crew
• Emergency service providers
• Implied status
• Off-campus work
• Off-campus work (transition to post-graduation status)
• Assessing farm work.

Interested in applying for a Temporary Work Permit? Contact us today!