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Employee Requirements 2017-12-21T19:40:08+00:00

Employee Requirements

NAFTA

High Skilled

Low Skilled

LMIA Exempt

NAFTA

Business visitors

The following requirements apply:

  • Proof of citizenship of the U.S. or Mexico;
  • Documentation to support business activities as described in Appendix 1603.A.1 (Research and Design, Growth, Manufacture and Production, Marketing, Sales, Distribution, After-Sales Service and General Service);
  • Evidence to support activities are international in scope;
  • No intent to enter the Canadian labour market;
  • The primary source of remuneration remains outside Canada;
  • The principal place of business remains outside Canada; and
  • Compliance with existing immigration/admissibility requirements for temporary entry;
  • Must apply at a POE.

Professionals

The following requirements apply:

  • Citizenship of the U.S. or Mexico;
  • Profession identified in Appendix 1603.D.1 (over 60 occupations);
  • Qualification to work in that profession (degree or certification in a related educational program);
  • Pre-arranged employment with a Canadian employer;
  • Provision of professional level services in the field of qualification as indicated in the Appendix; and
  • Compliance with existing immigration requirements for temporary entry.

Intra-Company Transferees

The following requirements apply:

  • Citizenship of the U.S. or Mexico;
  • Seeking employment in an executive or managerial capacity or one involving “specialized knowledge”;
  • Transferring to an enterprise that has a qualifying relationship with the enterprise in which he or she is currently employed;
  • Enterprises in the U.S. or Mexico and in Canada have a parent, branch, subsidiary or affiliate relationship;
  • Continuous employment in a similar position outside Canada for at least one year (full-time) in the previous three-year period from the date of initial application; and
  • Compliance with existing immigration requirements for temporary entry.

Traders and Investors

The following requirements apply:

  • Applicant has American or Mexican citizenship;
  • The employing enterprise has American or Mexican nationality OR enterprise has American or Mexican nationality;
  • Activities involve substantial trade in goods or services OR substantial investment has been made, or is actively being made;
  • Trade is principally between either the U.S. or Mexico, and Canada OR applicant is seeking entry solely to develop and direct the enterprise;
  • Position is supervisory or executive, or involves essential skills OR if the applicant is an employee, position is executive or supervisory or involves essential skills;
  • Compliance with existing immigration requirements for temporary entry.

High Skilled

  • Qualified education (university degree/ college diploma/apprenticeship tanning or certification in a related educational program);
  • Pre-arranged employment with a Canadian employer or positive Labour Market Impact Assessment from Employment and Social Development Canada;
  • Advanced knowledge of English or French;
  • Employment contract/offer;
  • Provision of professional level services in the field of qualification;
  • Prove you will leave Canada when your work permit expires;
  • Prove you have enough money to take care of yourself and your family members during your stay in Canada and to return home;
  • Obey the law and have no record of criminal;
  • Be in good health and have a medical exam;
  • Not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
  • Not have worked in Canada for one or more periods that total four years after 1 April  2011 (with some exceptions);
  • Compliance with existing immigration requirements for temporary entry.

Low Skilled

  • Require a certain amount of experience, short work demonstrations, on-the-job training, or no formal educational requirements;
  • Pre-arranged employment with a Canadian employer or positive Labour Market Impact Assessment from Employment and Social Development Canada;
  • Intermediate knowledge of in English or French;
  • Employment contract/offer;
  • Proof that you are certified, accredited or qualified to work in the specific occupation;
  • Prove you will leave Canada when your work permit expires;
  • Obey the law and have no record of criminal;
  • Be in good health and have a medical exam;
  • Not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
  • Not have worked in Canada for one or more periods that total four years after 1 April 2011 (with some exceptions);
  • Compliance with existing immigration requirements for temporary entry.

LMIA Exempt

The following types of workers are exempt from an LMIA, but need a work permit:

Each category below has a set of requirements according to the type of position the work permit is sought for.  In general, the applicant must:

  • Prove availability of qualified education (university degree / college diploma / apprenticeship training or certification in a related educational program);
  • Pre-arranged employment with a Canadian employer or positive Labour Market Impact Assessment from Employment and Social Development Canada;
  • Language requirement – knowledge of English or French;
  • Employment contract;
  • Provision of professional level services in the field of qualification;
  • Prove he/she will leave Canada when their work permit expires;
  • Prove he/she has enough money to take care of him/herself and his/her family members during his/her stay in Canada and to return home;
  • Obey the law and have no criminal record;
  • Be in good health and have a medical exam;
  • Not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
  • Not have worked in Canada for one or more periods that total four years after 1 April 2011 (with some exceptions);
  • Compliance with existing immigration requirements for temporary entry;
  • Workers covered under international agreements (professionals, traders and investors);
  • People taking part in exchange programs (youth exchange programs, teacher exchange programs and other joint programs);
  • Accompanying spouses;
  • Workers who are eligible for a work permit through a federal-provincial/territorial agreements;
  • Workers nominated by a province or territory for permanent residence;
  • People already working in Canada who have applied for permanent residence through the Federal Skilled Worker Program, Federal Skilled Trades Program or Canadian Experience Class;
  • Repair personnel for industrial or commercial equipment;
  • Workers transferred within a company-propriety knowledge;
  • Academics;
  • Co-op students;
  • Religious workers;
  • Workers who are essential to a television or film production;
  • Performers or workers in a related job in dance (such as ballet and contemporary), opera, orchestral music or live theatre whose employer;
  • Demonstrate how your position in Canada has a significant social or cultural benefit;
  • An official academic record showing that the foreign national has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of their ability;
  • Evidence from current or former employers showing that the foreign national has significant full-time experience in the occupation for which he or she is sought (significant in this context can be taken to mean ten or more years experience);
  • Has been the recipient of national or international awards or patent;
  • Evidence of membership in organizations requiring excellence of its members;
  • Having been the judge of the work of others;
  • Evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations;
  • Evidence of scientific or scholarly contributions to the field by the foreign national;
  • Publications authored by the foreign national in academic or industry publications;
  • Leading role of the foreign national in an organization with a distinguished reputation;
  • Francophone foreign workers entering occupations with National Occupation Classification O, A and B, destined outside of Quebec who have been recruited through Destination Canada or other employment events coordinated with the federal government and francophone minority communities;
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