Employee Requirements In Canada
A Canadian work permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows a foreign national to work in Canada. It’s essential for employees to meet specific requirements to be eligible for a work permit. This guide provides detailed information on the requirements for various types of work permits in Canada, helping potential applicants navigate the process.
NAFTA Work Permit
Requirements for NAFTA Professionals, Intra-Company Transferees, Traders, and Investors
Business visitors
- 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.
NAFTA Professionals Workers
Professionals from the U.S. or Mexico must have pre-arranged employment in Canada and must provide professional level services. They need to demonstrate their qualifications through degrees or certifications related to their occupation listed in Appendix 1603.D.1.
- 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.
- 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: Applicants must be engaged in substantial trade or investment activities. They need to prove their enterprise’s American or Mexican nationality and demonstrate executive or supervisory roles or essential skills.
- 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.
Federal High Skilled Worker Work Permit
Requirements For Highly Skilled Workers in Canada
High-skilled workers must possess relevant education or training and secure pre-arranged employment or a positive LMIA. They need advanced language proficiency in English or French and must comply with immigration laws, proving they will leave Canada upon work permit expiration.
- 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
Requirements For Low Skilled Workers in Canada
Low-skilled workers may require minimal formal education but must demonstrate work experience or on-the-job training. They need intermediate language proficiency and must fulfill similar compliance and proof of intent to leave requirements as high-skilled workers.
- 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 Work Permits
LMIA Exempt Work Permit requirements
Certain categories of workers are exempt from the LMIA requirement but must still obtain a work permit. These include workers under international agreements, participants in exchange programs, accompanying spouses, and those under federal-provincial agreements.
The following types of workers are exempt from an LMIA, but need a work permit:
- 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;
Common Challenges in the Work Permit Application Process
Incomplete or inaccurate applications can lead to delays or rejections. Use a checklist, review applications multiple times, and seek help from an immigration consultant if needed.
How We Can Help
Navigating the work permit application process can be challenging, but you don’t have to do it alone. At Jane Katkova & Associates – Canadian Immigration Lawyers and Consultants, we have been assisting individuals in securing work permits to Canada for over two decades. Our expertise ensures that your application is accurate, complete, and submitted on time. We help with document preparation, meeting health and security requirements, proving intent to leave, and more.
Secure Your Canadian Work Permit
To learn more about Canada’s work permit requirements and how we can help you successfully obtain one, get in contact with us, or fill out our free canada immigration assessment form. Let our experienced team guide you through the complexities and improve your chances of a successful application.
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Jane Katkova – Brown
