How Can Your Foreign Employees Work Legally in Canada?

To ensure your foreign employees can work legally in Canada, it’s essential to follow the right legal processes to avoid any issues with Canadian authorities. Here are the primary options to explore:

1. Work Permit Exemptions
2. The International Mobility Program (IMP)
3. The Temporary Foreign Worker Program (TFWP)
   
   

1. Work Permit Exemptions

Certain scenarios do not require foreign workers to obtain work permits. Typically, these apply to short-term or specific types of work where the worker does not enter the Canadian labor market. Two examples include:

• After-sales Service: If a foreign manufacturer sells equipment to a Canadian company and needs to send workers to perform services like installation as per the sales contract, no work permit is necessary.
• Film and TV Production: Foreign production companies may send cast and crew to Canada to film projects entirely financed from outside the country.
  
  

However, even without a work permit, these workers must not be integrated into the Canadian labor market and should receive compensation from outside Canada. Entry still requires adherence to border regulations, including obtaining a Temporary Resident Visa (TRV) or Electronic Travel Authorization (eTA), depending on nationality.

2. International Mobility Program (IMP)

The IMP allows specific foreign workers to receive work permits based on social, cultural, and economic benefits they bring to Canada. Examples include:

• Intra-Company Transferees (ICTs): Employees transferring from a foreign branch to a related Canadian enterprise. These permits are for executives, senior managers, and specialized knowledge workers employed by the company for at least a year.
• CUSMA Professionals: Professionals from the U.S. or Mexico working in eligible roles, with arranged Canadian employment. This is limited to 63 occupations and requires compliance with relevant professional licensing.
• International Experience Class (IEC): Youth from countries with bilateral agreements with Canada may obtain work permits for employer-specific placements like internships.
  
  

Eligibility under the IMP can vary, with some cases offering more flexibility based on free trade agreements.

3. Temporary Foreign Worker Program (TFWP)

The TFWP is the general route for employers unable to fill positions with Canadian citizens or permanent residents. Key streams include:

• Global Talent Stream: For highly skilled positions or employers designated by the government.
• High-Wage and Low-Wage Streams: These depend on whether the job’s wage is above or below the regional median.
• Agricultural, Caregiver, and Academic Positions: For specific roles, such as agriculture and in-home caregiving.
  
  

Employers under the TFWP must first obtain a positive Labour Market Impact Assessment (LMIA) to show recruitment efforts and a lack of available local candidates. The process often involves advertising the role within Canada.

Choosing the Right Option

• Start by exploring work permit exemptions for short-term roles.
• If not applicable, consider an IMP work permit for qualifying cases.
• Finally, the TFWP remains an option when no exemptions or IMP permits suffice.