Workers

Operational Bulletin 433 - June 13, 2012
Centralization of Temporary Foreign Worker Units in Toronto, Ontario and Montréal, Québec


Changes to the Temporary Foreign Worker Units

Effective July 1, 2012, and as a part of CIC’s modernization strategy to centralize services across the Department to reduce costs and improve efficiencies, the TFWUs in Toronto and Montreal will become the sole points of contact to Canadian employers and/or their representatives. The Toronto TFWU will be responsible for providing services to employers in Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest Territories and Nunavut. The Montreal TFWU will be responsible for providing services to employers in Quebec, Nova Scotia, Prince Edward Island, New Brunswick, Newfoundland and Labrador. The Toronto and Montreal TFWUs will continue processing opinions and enquiries related to LMO and/or WP exemptions. Outreach will no longer be provided by the TFWUs. The transition will begin on June 15, 2012.

Transition Period – Vancouver, Calgary, and Moncton TFWUs

The TFWUs in Vancouver and Calgary will accept opinion requests and respond to LMO and/or WP exemption related enquiries until June 15, 2012. These offices will then focus on finalizing work already in process. Opinion requests and enquiries after June 15th should be directed to the TFWU in Toronto. Moncton LMO and/or WP exemption related enquiries should be directed to the TFWU in Montreal effective immediately.



Citizenship and Immigration Canada
CIC Temporary Foreign Worker Units

Service Canada
  • Montreal (serving Quebec, Nova Scotia, Prince Edward Island, New Brunswick, Newfoundland and Labrador)

    Montreal Temporary Foreign Worker Unit
    Telephone: 514-283-1061
    Fax: 514-283-1877
    E-mail: CIC-QUE-SRTE@cic.gc.ca


Alberta / Nunavut
Address
(Mailing Address Only)

Suite 1440 Canada Place
9700 Jasper Ave
Edmonton, AB
T5J 4C1

Phone
Callers from Alberta, Northwest Territories and Nunavut, call
1-800-418-4446. 
Callers from the rest of Canada and Outside Canada, leave a message at (780)-495-7972.
Fax
(780)-495-2738
  • Toronto (serving Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Yukon, Northwest Territories and Nunavut)

    Toronto Temporary Foreign Worker Unit
    Telephone: 416-954-7954
    Fax: 416-973-9768
    E-mail: TFWU-Toronto-UTET@cic.gc.ca


Vancouver
Address
(Mailing Address Only)
Service Canada
Employer Services
1400-300 W. Georgia St.
Vancouver, BC
V6B 6G3
Phone
English
(604)-687-7803
1-888-246-7712
(Toll-free in BC only)

French (604)-609-7451
1-888-246-7715
(Toll-free in BC only)
Fax
Film and Entertainment
(604)-666-7731
Foreign Workers and Others
(604)-666-8920
The TFWUs only provide opinions for employers and/or their representatives seeking to hire visa-exempt temporary foreign workers who are outside of Canada.

A dedicated e-mail box and phone line are available in the Toronto and Montreal TFWU locations to respond to LMO/WP exemption enquiries from employers and/or their representatives. The TFWUs will not respond to any other enquiries.

The TFWU offers guidance to employers and/or their authorized representatives seeking to employ foreign workers.

Please note that the TFWU WILL NOT RESPOND to enquiries coming from other sources or foreign workers themselves
Ontario
Address
(Mailing Address Only)
Temporary Foreign Worker Program
Human Resources and Skills Development Canada
P.O. Box 6500
L.C.D. Downsview A
Toronto, Ontario
M3M 3K4
Phone

Toll Free:
1-(866)-556-5518
Fax
Local:
(416)-954-3107

Toll Free:
1-(866)-720-6094
For All Other Enquiries

Currently in Canada, you can phone CIC Call Centre, toll-free, at 1-888-242-2100. An automated telephone service is available 7 days a week, 24 hours a day. If you wish to speak to an agent, you must call Monday to Friday between 8 a.m. and 4 p.m. local time.

Currently outside Canada, please contact a Canadian embassy, high commission or consulate. You can find the addresses, phone numbers and Web site addresses of our visa offices at www.cic.gc.ca/english/information/offices/index.asp

Montréal
Address
1001 de Maisonneuve Boulevard East
4 th floor
Montréal,Quebec
H2L 5A1
Phone
Bilingual
(514)-877-0022

Toll free: 1-(866)-840-0222
Fax
(514)-877-3680


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Cumulative duration

Starting on April 1, 2011, you will be able to work in Canada for a maximum period of four years.

Therefore, you will need to start counting the time you work in Canada as of April 1, 2011.

However, there are  some exceptions to this rule if: 

  • the work you intend to do in Canada creates or maintains significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents,
  • the work you intend to do in Canada relates to an international agreement between Canada and one or more countries (including seasonal agricultural workers),
  • your work is done while you are authorized to study,
  • 48 months have passed since you accumulated 4 years of work in Canada.

If you do not work during the entire specified period on your work permit (for example you have a work permit valid for four years and you are sick or you leave temporarily Canada), you may need to submit proof of time not worked when you apply for another work permit later on and you are close to the four-year maximum. Examples of proof documents include but are not limited to:

  • passport entry and exit stamps,
  • Record of Employment from Service Canada,
  • receipt of severance pay,
  • letter from a foreign educational institution where you attended school,
  • travel receipts (tickets, boarding passes),
  • proof of receipt of maternity/parental benefits,
  • letter from physician confirming you were on medical leave,
  • any other document that demonstrates that you were not working in Canada while on a work permit.

What requirements must I meet to obtain a work permit?

You must show the officer that you meet the requirements of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations and that you will be in Canada for a temporary stay. You must also:

  • satisfy an officer that you will leave Canada at the end of your employment,
  • show that you have enough money during your stay in Canada to take care of yourself and your family members and to return home,
  • be law-abiding and have no record of criminal activity (you may be asked to provide a Police Clearance Certificate),
  • not be a danger to the security of Canada,
  • be in good health and complete a medical examination, if required,
  • not intend to engage in employment with an employer on the List of Ineligible Employers found on CIC’s website,
  • not have worked in Canada for one or more periods totalling four years after April 1, 2011 (with certain exceptions),
  • provide any additional documents requested by the officer to establish your admissibility.

In 2010, about 182,000 temporary foreign workers (TFWs) entered Canada. It’s the second-highest number of TFW entries in a single year, so some critics have argued that CIC is “throwing the door open for temporary workers.”  Read more...


As a Temporary Foreign Worker in Canada, you are covered under the same labour and employment standards as all Canadian citizens in the province where you reside/work in Canada. However, depending on your work permit there may be limitations on the type of employment you may carry out in Canada or even the employer you may work for.
 
Your Work Permit may state:
  • The occupation you may work under in Canada
  • The length of time you may work in Canada
  • The location or province where you may work in Canada
  • The employer you may work for in Canada
If you wish to change any of the conditions attached to your work permit, you will have to apply for a new work permit. Violating the conditions of your work permit is a serious offence and could result in you being forced to leave Canada.
Every province and territory has an office that deals with labour and employment laws. A person at your local employment or labour standards office can talk to you about fair pay, hours of work, rest periods, working conditions and provide other services.

You do not need your employer’s permission to call this office or visit its website. They cannot punish you or have you deported for it.

To find your local office, see Provincial and territorial employment standards offices.

If you are unsure of the safety practices on your worksite or notice an unsafe work practice, you should notify your employer immediately.  If the problem continues, you should contact WorkSafeBC (if you work in the province of British Columbia) with your concerns as soon as possible.

If you work for a federally regulated employer, your health and safety codes are developed and monitored by the federal government. For information about federally regulated workplace health and safety issues have a look at HRSDC’s federal labour site.

Workers’ Compensation
If you are injured on the job, you have a right to be compensated for damages such as lost income due to injury. This is called Workers’ Compensation.

If you are injured at work, you should:

  • inform your supervisor of the accident as soon as it happens,
  • fill out an accident or injury report, and
  • see a doctor right away if you need medical help.
For more information about workplace safety and insurance in British Columbia, visit WorkSafeBC.
 
(The number of temporary foreign workers coming to British Columbia (BC) has steadily increased,from 15,000 people in 2001 to more than 44,000 in 2009.  BC hosts Temporary Foreign Workers (TFW) from all over the world; most TFWs in BC arrive from the U.S., Australia, Japan, the Philippines and the United Kingdom.)
 
 
 
Step-by-step video guide: www.youtube.com/v/ZXFNv6UhzbI
 


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June 20th, 2014 changes to TFWP have made most information about LMO on this page incorrect - please look for updated information under LMIA/LMO in the menu to the left.
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Service Canada Centres
Service Canada processes applications from employers for LMOs and ensures that all necessary requirements are met. An LMO is an opinion provided by Service Canada to CIC which assesses the likely impact that hiring the requested foreign worker(s) may have on the Canadian labour market.

As of May 19, 2009, HRSDC has established a maximum period of six months during which an LMO may be used to apply for a WP. This six month period is defined by the LMO expiry date.

A list of Service Canada Centres which process foreign worker requests (i.e., LMO applications) in each province.

Temporary Foreign Worker Units
The Temporary Foreign Worker Units in Montreal and Toronto guide employers seeking to employ foreign workers through the immigration process and facilitate the entry of workers who are exempted from the Labour Market Opinion (LMO) process.

The TFWU offers guidance to employers and/or their authorized representatives seeking to employ foreign workers. Please note that the TFWU WILL NOT RESPOND to enquiries coming from other sources or foreign workers themselves.

see the top of this page!

 

LMO Application Process

Step 1: The employer completes the form “Foreign Worker Application for a Labour Market Opinion.” (PDF 285KB) - View as HTML.

The National Occupational Classification (NOC), which contains information on occupations in Canada, can help employers identify the proposed occupation, duties to be assigned, and the prerequisites for the position.

Step 2: The employer submits a complete application to the nearest Service Canada Centre that processes Foreign Worker Applications or online.

Step 3: Service Canada reviews the application according to criteria noted above, and develops a Labour Market Opinion.

Step 4: Service Canada sends a written letter with results from the Labour Market Opinion assessment to the employer, who then communicates the results to the foreign worker.

Step 5: In the case of a positive Labour Market Opinion, the employer sends a copy of the confirmation letter to the foreign worker.

Step 6: The foreign worker (within 6 months) applies to Citizenship and Immigration Canada for a work permit, attaching a copy of the confirmation letter.

Employers must also apply for a Quebec Acceptance Certificate when they want to hire foreign workers to work in the province of Quebec. To learn how employers apply for certificate, visit Immigration et Communautés culturelles.

Temporary Foreign Worker Program
Notice for Employers: New Requirements for Employers Using Third Party Representatives.

Other Requirements for Work Permit Applications

  • The fee for processing a work permit application is $150.
  • The fee for processing a TRV is $75.
  • If a foreign worker requires a TRV and a work permit, the total processing fee is $150.
  • The fee for accompanying family members requiring a TRV is $75 each.
  • An interview may be required if the visa office needs more information to determine whether the foreign worker is eligible to obtain a work permit.

Minimum Advertising Requirements

On January 1, 2009, the occupations under pressure list initiative was replaced by new national advertising requirements.

All occupations based on the National Occupational Classification (NOC) system, skills levels 0, A, B, C and D are subject to the same minimum advertisement requirements. Failure to comply with the requirements outlined below will result in the application for a Labour Market Opinion (LMO) being denied.

As employers seeking to hire temporary foreign workers, you must be prepared to demonstrate that you meet the minimum advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents. This proof include copies of advertisements, number of Canadian applicants and why they were rejected, as part of the LMO process. Records of your efforts should be kept for a minimum of 2 years, in the event that a Service Canada Officer contacts you to verify your advertising efforts.

All employers are encouraged to conduct ongoing recruitment efforts, including among under represented groups that face barriers to employment (e.g., Aboriginal peoples, older workers, immigrants/newcomers, persons with disabilities and youth). The advertisement could be on recognized Internet job sites, in local and regional newspapers, at community resource centres and in local regional employment centres.

The advertisement criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.

NOC 0 and A Occupations

You will have conducted the minimum advertising efforts required if you:

  • Conduct recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); or
  • Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO.

NOC B Occupations

You will have conducted the minimum advertising efforts required if you:

  • Conduct recruitment activities consistent with the practice within the occupation for a minimum of fourteen (14) calendar days (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); and
  • Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days during the three (3) months prior to applying for a LMO.

The advertisement must include:

  • the company operating name;
  • job duties (for each position, if advertising for more than one vacancy);
  • wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents). The wage range must always include the prevailing wage for the position – see “wage rate”;
  • the location of work (local area, city, or town); and
  • the nature of the position (i.e. project based, or permanent position).

NOC C and D Occupations (including seasonal agricultural workers)

You will have conducted the minimum advertising efforts required if you:

  • Advertise on the national Job Bank (or the equivalent in Newfoundland and LabradorSaskatchewanQuebec or the Northwest Territories) for a minimum of 14 calendar days during the three (3) months prior to applying for an LMO; and 
  • Conduct recruitment activities consistent with the practice in the occupation. Advertisement must be for a minimum of 14 days, choosing one or more of the following options:
    • advertise in weekly or periodic newspapers, journals, newsletters, national/regional newspapers, ethnic newspapers/newsletters or free local newspapers;
    • advertise in the community, e.g., posting ads for two to three weeks in local stores, community resource centres, churches, or local regional employment centres;
    • advertise on Internet sites e.g., posting during 14 calendar days/two weeks on recognized Internet job sites (union, community resource centres or ethnic sites).

The advertisement must include:

  • the company operating name;
  • job duties (for each position, if advertising for more than one vacancy);
  • wage range (i.e. an accurate range of wages being offered to Canadians and permanent residents). The wage range must always include the prevailing wage for the position – see “wage rate”;
  • the location of work (local area, city, or town); and
  • the nature of the position (i.e. project based, or permanent position).

In addition to the advertisement efforts mentioned above, you are also encouraged to conduct ongoing recruitment efforts, including communities that face barriers to employment (e.g., Aboriginal Peoples, older workers, immigrants/newcomers, people with disabilities and youth). Advertisement could be on recognized Internet job sites, in local and regional newspapers, at community resource centres and local regional employment centres.

Advertisement criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.

Wage Rate

The following applies to all NOC B, C and D advertising conducted in support of applications for Labour Market Opinions:

  • The wage range identified in the advertisement must represent an accurate range of wages being offered to Canadians and permanent residents, working in the same occupation and geographical area. The wage range must always include the prevailing wage for the position.
  • The prevailing wage is identified as the average hourly wage for the requested occupation in the specified geographical area.
  • For a unionized position, the wage rate must be consistent with the wage rate established under the collective bargaining agreement.
  • All benefits provided to Canadian workers or permanent residents must be extended to temporary foreign workers.

In order to address unique circumstances, HRSDC/Service Canada maintains the discretion to set the prevailing wage rate that an employer must offer, whether or not the position is covered by a collective agreement.

Variations to the Minimum Advertising Requirements

Variations to the minimum advertising requirements may apply in certain cases.

HRSDC/Service Canada reserves the right to require alternative or additional recruitment efforts (i.e., increased duration [length of time] or broader advertisement [whether local, regional, or national]) if it believes that additional efforts would yield qualified Canadian citizens or permanent residents who are available to work in the occupation and region.

For all occupations, or for additional information on minimum advertising requirements, contact your Service Canada Centre.

To hire foreign workers for skill levels 0, A and B...

To hire foreign workers for skill levels C and D...

To hire seasonal agricultural workers...

To hire live-in caregivers...


Working temporarily in Canada: Eligibility to apply

You almost always have to apply for a work permit from outside Canada. Sometimes, you can apply from inside or as you enter Canada. Many of the requirements are the same.

Eligibility to apply from outside Canada

To apply for a work permit from outside Canada, you must submit the following documents:

  • a job offer from a Canadian employer
  • a completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, and
  • written confirmation from Human Resources and Skills Development Canada (HRSDC) that the employer can hire a foreign worker to fill the job. This confirmation is called a positive labour market opinion.
    • In most cases, it is up to your employer to get that written confirmation. Information on the labour market opinion is found under Information for Canadian employers on the right-hand side of this page.
    • In some cases, you do not need a labour market opinion. (See Jobs that require a work permit but no labour market opinion.)

You must also do the following:

  • Satisfy a visa officer that you will leave Canada at the end of your work permit.
  • Show that you have enough money to support yourself and your family while you are in Canada.
  • Respect the law and have no criminal record. (You may have to provide a police clearance certificate. See Police Certificates for more information.
  • Show that you are not a risk to the security of Canada.
  • Be in good health. (You may have to have a medical examination.)

Eligibility to apply from inside Canada

You can only apply for a work permit from inside Canada if:

  • you have a valid study or work permit, or your spouse or parents have a study or work permit
  • you have a work permit for one job but want to apply for a work permit for a different job
  • you have a temporary resident permit that is valid for six months or more or
  • you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit.

You must also have the following documents:

  • a job offer from a Canadian employer
  • a completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, and
  • written confirmation from HRSDC that the employer can hire a foreign worker to fill the job. This confirmation is called a positive labour market opinion.
    • In most cases, it is up to your employer to get that written confirmation. Information on the labour market opinion is found under Information for Canadian employers on the right-hand side of this page.
    • In some cases, you do not need a labour market opinion. (See Jobs that require a work permit but no labour market opinion.)

You must also do the following:

  • Satisfy an immigration officer that you will leave Canada at the end of your work permit.
  • Show that you have enough money to support yourself and your family while you are in Canada.
  • Respect the law and have no criminal record. (You may have to provide a police clearance certificate. See Police Certificates for more information.
  • Show that you are not a risk to the security of Canada.
  • Be in good health. (You may have to have a medical examination.)

It is now possible to apply online for a work permit from within Canada. Please see Apply online for your work permit from within Canada in the Related Links at the bottom of this page.

Note: if you are a temporary foreign worker in Canada who has a work permit under the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D), and you want to extend your stay, please see Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D) in the Related Links at the bottom of this page.

Eligibility to apply as you enter Canada

You can apply for a work permit as you enter Canada, but only if you meet the following requirements:

To find out if you need a medical examination, see Medical examination requirements for visitors in the Related Links section at the bottom of this page.

Note: if your job does need a labour market opinion, you can apply as you enter Canada as long as the positive opinion has been issued to you before you enter (except for live-in caregivers and seasonal agricultural workers).


The following persons may apply for a work permit from within Canada:

  • Holders of work or study permits and their family members;
    Note:
    Spouses or common-law partners of highly skilled temporary foreign workers, may themselves be authorized to work without first having a confirmed job offer by Human Resources and Social Development Canada (HRSDC confirmation). In the case of workers destined for Quebec, without having to obtain a CAQ from the Ministère de l’Immigration et des communautés culturelles (MICC). The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels O, A or B in order for them to qualify for a work permit. These skill levels include management and professional occupations and technical or skilled tradespersons. For further information on the program and a list of the skill levels in the NOC, refer to our website.
  • Successful graduates from a program at a Canadian university, community, college, CÉGEP, or publicly funded trade/technical school (or from a Canadian private institution authorized by provincial statute to confer degrees) who wish to work for a maximum of one or two years in employment related to their course of study. The maximum length will depend on the length and location of their studies, and the location of their employer. Graduates must submit an application for a work permit within 90 days of the issuance of your final marks. Their study permit must be valid upon submission of their application for a work permit. For further details refer to the Foreign Workers Manual (see post-graduation employment) located on our Web site or contact the Call Centre;
  • Persons who don’t require a work permit who are applying for secondary employment in Canada, who have been working for at least three consecutive months in Canada and are not business visitors. Family members of these persons may apply before three months have passed if they satisfy an officer that the principal worker will work for at least three months;
  • Holders of temporary resident permits (TRPs) valid for a minimum of 6 months and their family members;
  • Refugee claimants and persons subject to an unenforceable removal order;
  • In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent resident (PR) status: live-in-caregiver, spouse or common-law partner, protected persons, and humanitarian and compassionate considerations (H&C);
  • Persons whose work permits were authorized by a visa office abroad, where the permit was not issued at a port of entry;
  • Mexican citizens who have been admitted to Canada as visitors may apply for a work permit under any North American Free Trade Agreement (NAFTA) category. U.S. citizens admitted as visitors may apply in Canada under the Professional or Intra-company Transferee NAFTA categories only. These provisions are in accordance with reciprocal arrangements.


Jobs that require a work permit but no labour market opinion

People in the following categories need a work permit but do not need a labour market opinion from Human Resources and Skills Development Canada (HRSDC).

  • Workers covered under international agreements
    Professionals, traders, investors and business people coming to Canada to work under certain international agreements
  • Entrepreneurs and intra-company transferees
    Some types of entrepreneurs, workers transferring within a company, and other types of workers who will provide significant benefit to Canadians or permanent residents by working in Canada
  • Participants in exchange programs
    People whose employment in Canada will provide similar employment to Canadians abroad, such as participants in youth exchange programs, teacher exchange programs or other reciprocal programs
  • Co-op students
    Foreign students who are studying in Canada and who need to do co-op work placements as part of their program of study
  • Spouses
    Spouses and common-law partners of certain foreign workers and of certain foreign students who are currently studying or working under the Post-Graduation Work Permit Program
    • Spouses of certain foreign students may obtain a work permit without having to obtain a labour market opinion from HRSDC. This exemption applies to spouses who are not themselves enrolled in full-time studies.
    • Eligibility criteria: To be allowed to work in this category, you must prove that you are the spouse of a student who holds a valid student permit and who is studying full time at a post-secondary institution—a university, a community college, a CEGEP, a technical or school of commercial studies—that is financed by the private or public sector and authorized by provincial law to award university degrees.
    • Academics and students
      Certain academics and students
    • Religious workers
      People doing charitable or religious work
    • Others
      Certain people who need to support themselves while they are in Canada for other reasons such as the refugee determination process

                    North American Free Trade Agreement (NAFTA)

                    Under Chapter 16 of NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business or investment activities.

                    Business people covered by NAFTA do not need a labour market opinion from Human Resources and Social Development Canada (HRSDC). This means that Canadian employers do not need to have a job offer approved by HRSDC to employ a United States or a Mexican business person, as set out in NAFTA.

                    Business people covered by NAFTA must, however, comply with the general provisions on temporary entry to Canada.

                    NAFTA applies to four specific categories of business people: business visitors, professionals, intra-company transferees, and traders and investors.

                    Business visitor is a separate category with separate requirements. Business visitors do not require a work permit. For more information, see Jobs that do not require a work permit in the Related Links section at the bottom of this page.

                    A professional must:

                    • be qualified to work in one of the more than 60 professions listed in Appendix 1603.D.1 of Chapter 16 of NAFTA (for example, accountant, computer systems analyst, engineer, management consultant and technical publications writer) and
                    • have pre-arranged employment with a Canadian enterprise in an occupation that matches the qualification.

                    An intra-company transferee must:

                    • have worked continuously for at least one year in the preceding three years for the same or affiliated employer in the United States or Mexico
                    • be transferred to Canada to work temporarily for the same or an affiliated employer and
                    • work in a capacity that is managerial, executive or that involves specialized knowledge.

                    A trader or an investor must:

                    • be seeking to carry out substantial trade in goods or services, mainly between Canada and her or his country of citizenship, or conduct substantial investment activities in Canada, in a supervisory or an executive capacity, or in a capacity that involves essential skills
                    • meet additional requirements under NAFTA and
                    • have a work permit.

                    Can my spouse or common-law partner work in Canada?

                    If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including obtaining (if needed) a labour market opinion (LMO) from Human Resources and Skills Development Canada.

                    However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if you meet the conditions outlined below:

                    A. You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B in the National Occupational Classification;

                    Or

                    B. You are authorized to work in Canada and the work you are doing while you live in Canada is included in a list of eligible occupations in participating provinces.

                    In each of the above cases, your spouse’s permit will be valid for the same period as yours.

                    If you are authorized to work in Canada and the work you are doing while you live in Canada is included in the list of eligible occupations below, your spouse or common-law partner may apply for an “open” work permit that will allow her or him to accept any job with any employer.

                    The following list describes the eligible occupations in their participating provinces.

                    Alberta

                    • Long Haul Truck Driver

                    This is a pilot project that will operate from August 17th, 2009 to July 30th, 2012. The qualifying work permits must be received within these dates.

                    Note: You must possess a letter of offer confirming your employment as a Long Haul Truck Driver.

                     
                    Occupations Under Pressure (do not require LMO - now obsolete)
                     
                    Special cases when you do not need an LMO
                     
                    Under the Immigration and Refugee Protection Act (IRPA), there are special cases when you do not need an HRSDC/Service Canada Labour Market Opinion to hire a foreign worker, and/or the foreign worker may not need a Citizenship and Immigration Canada (CIC) work permit.

                    Special criteria apply if you hire foreign workers in some industry sectors and occupations including:

                     
                     

                    Under the facilitated process, employers wanting to hire foreign workers in any of the following occupations are deemed to have an implied Labour Market Opinion (LMO) (which is not subject to the six-month time validity that applies to other LMOs):

                    • Senior animation effects editors
                    • Embedded systems software designers
                    • MIS software designers
                    • Multimedia software developers
                    • Software developers - services
                    • Software products developers
                    • Telecommunications software designers
                    For employers hiring foreign IT specialists in the occupations above, the foreign IT specialists may apply directly for a work permit at a CIC Mission abroad or at a port of entry in the case of citizens of contiguous states including the United States, Saint-Pierre and Miquelon, and Greenland.
                     
                    Please note, employers hiring foreign workers in the above-listed IT occupations in Quebec will still be required to apply for a Certificate of Acceptance as required by the Ministère de l'Immigration et des Communautés culturelles.
                     

                    Please be advised that on September 30, 2010, the facilitated process for IT specialists will come to an end. This process applies for all positions in Canada, except in Quebec and British Columbia, where the facilitated process will remain in place for a limited time after September 30, 2010. Employers interested in hiring temporary foreign workers in one of the seven IT occupations, covered by the former facilitated process in British Columbia, will be required to advise Service Canada and the Ministry of Advanced Education and Labour Market Development. For additional details, visit Temporary facilitated process for IT positions located in British Columbia.

                    See also:

                    CIC Operational Bulletin 260 – January 5, 2011.

                    Exemptions from the HRSDC process

                    In specific cases under the Immigration and Refugee Protection Act (IRPA), employers in Canada can hire foreign workers without requiring an LMO. IRPA exemptions from the HRSDC/Service Canada LMO requirements are intended to facilitate the entry of foreign workers to support broad economic and trade objectives in Canada.

                    In the case of IT specialists, you should be aware that under the North American Free Trade Agreement, Canadian employers may hire American and Mexican citizens in the following occupations without needing an LMO:

                    • Computer Systems Analysts with a Bachelor's degree, or a post-secondary degree, or a post-secondary diploma and three years work experience ;
                    • Engineers with a Bachelor's degree or state/provincial license ;
                    • Graphic Designers with a Bachelor's degree, or a post-secondary diploma, or a post-secondary certificate and three years work.

                    Foreign workers that meet the conditions above may apply for a CIC work permit directly at a CIC Mission abroad, or at a port of entry.

                    Changes to the Live-in Caregiver Program

                    List of participating countries

                    Country or territory

                    Working Holiday

                    Young Professionals

                    International Co-op

                    Australia

                    Yes

                    Yes

                    Yes

                    Austria

                     

                    Yes

                     

                    Belgium

                    Yes

                     

                     

                    Chile

                    Yes

                    Yes

                    Yes

                    Czech Republic

                    Yes

                    Yes

                    Yes

                    Denmark

                    Yes

                     

                     

                    Estonia Yes Yes Yes

                    France

                    Yes

                    Yes

                    Yes

                    Germany

                    Yes

                    Yes

                    Yes

                    Hong Kong Yes    

                    Ireland

                    Yes

                     

                     

                    Italy

                    Yes

                     

                     

                    Japan

                    Yes

                     

                     

                    Korea, Rep.

                    Yes

                     

                     

                    Latvia

                    Yes

                    Yes

                    Yes

                    Lithuania Yes Yes Yes
                    Mexico Yes Yes Yes

                    New Zealand

                    Yes

                     

                     

                    Netherlands

                    Yes

                    Yes

                     

                    Norway

                    Yes

                    Yes

                    Yes

                    Poland

                    Yes

                    Yes

                    Yes

                    Slovenia Yes Yes Yes
                    Spain Yes Yes Yes

                    Sweden

                    Yes

                    Yes

                    Yes

                    Switzerland

                     

                    Yes

                    Yes

                    Taiwan Yes Yes Yes

                    United Kingdom

                    Yes

                     

                     

                    If the country you want to go to is not on this list, contact our partners to explore other travel and work abroad opportunities. Check out other links also.

                    Did you know that if you are between the ages of 18 and 35, you can work legally for up to one year anywhere in Canada?

                    Over 35,000 young participants from around the world travel and work in Canada with our program each year. 

                    Foreign Affairs and International Trade Canada has negotiated agreements with several countries and has partnered with various organizations. Through these agreements and partnerships, international young participants can easily obtain a temporary work permit and gain professional and personal experience in Canada.

                    Consult the list of participating countries to see if your country of origin has an agreement with Canada and click on your country name. You will be redirected to the Canadian embassy web page of your country where you will be able to look at the details of the specific program.

                    Working Holiday Program to Canada (for Canadians see here)

                    Working Holiday Program to Canada for New Zealanders

                    The Working Holiday Program (WHP) to Canada gives New Zealanders aged 18 – 35 an opportunity to experience travel, work and life in Canada.

                    Please be advised that the current (December 2010) processing time for W H P applications is six (6) weeks. 

                    Pilot Project for Occupations Requiring Lower Levels of Formal Training

                    Q: I have a work permit under an International Youth Exchange Program. Can I apply for a work permit extension under the Pilot Project?

                    A: Yes, if your employer has an approved LMO for the job offer. You can work for another 24 months under the Low Skill Pilot before you must leave Canada.

                    Temporary foreign workers returning to Canada

                    If you are a temporary foreign worker presently in Canada, and wish to leave for a short time (for example, to visit your home country) and then return to Canada, you should be aware of the following:

                    Temporary foreign workers who require both a temporary resident visa and a work permit

                    If you require a visa to enter Canada and a work permit to legally work, you may only re-enter Canada to work as long as both your visa and work permit are still valid when you return. Your passport must also be valid.

                    If your visa has expired but the work permit is still valid, you must apply for another temporary resident visa to return to Canada. If your work permit has expired, but your visa is still valid, you will need to apply for a new work permit. In both cases, you must apply for either a visa or a work permit at a visa office outside Canada before returning to Canada.

                    Your temporary resident visa, work permit and passport all need to be valid if you want to return to Canada to work. Otherwise you may be refused entry to Canada.

                    Temporary foreign workers who require only a work permit

                    If you do not require a temporary resident visa because you are a national of a visa-exempt country and you wish to return to Canada to work, you must have a valid work permit and passport when you return.

                    If your work permit has expired you will need to apply for a new work permit at a visa office outside of Canada before returning to Canada. You will also require a valid passport. Otherwise you may be refused entry to Canada.


                    How can I extend my stay as worker?

                    If you want to extend your stay in Canada, you should apply at least 30 days before your status expires.

                    Depending on your situation, you may need to use a different application form. For example, if you have a new job offer in Canada, you will need to apply for a new work permit. See Extending your stay as a worker for details.

                    Your employer may also need to apply for a new Labour Market Opinion (a document from Human Resources and Skills Development Canada which says your employer is allowed to hire you). See Extending a worker.

                    Temporary residents currently in Canada with valid student or temporary foreign worker status must submit their application for a new temporary resident visa to the Case Processing Pilot Office in Ottawa (CPP-O), or visa office that serves their country of nationality.

                    • If your work permit expires after you have submitted your application for an extension but before you receive a decision on your application, you can stay in Canada under what’s called implied status. That means the law implies you are a temporary resident. That status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application. However, you must respect the following requirements:

                      If you applied for another work permit:

                      • You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application, even if you have applied to extend your stay under another category of temporary resident.

                      If you applied for a different kind of permit:

                      • You cannot do any of the activities allowed by the original work permit. For example, you may have come to Canada as a worker and then applied for a study permit. If so, you must stop working once your work permit expires. After that, you cannot work or study until you get a new permit.
                    • If you have applied to extend your work permit and plan on traveling outside Canada while your application is in process, you can leave Canada and come back. However, one of three things will happen when you return to Canada:
                      • You may be allowed to come back to Canada as a visitor, if Citizenship and Immigration Canada (CIC) has not yet decided to extend your work permit. If this is the case, you cannot work until you get your work permit extension. The officer at the port of entry may ask you to prove you have enough money to support yourself in Canada.
                      • You may be allowed to come back to Canada as a worker, if the officer at the port of entry finds out that CIC extended your work permit while you were away.
                      • You may be asked to apply for a new work permit at the port of entry.

                      Note: It is possible that you will not be able to enter Canada. The final decision is made at the border by the border services officer.

                    See also How can I extend my stay as visitor? and How can I extend my stay as a student?

                    Implied status

                    FW1 

                    WORK PERMIT FOR PROVINCIAL NOMINEES

                    2. Foreign Worker Nominated by a Province or Territory (PNP) 
                    (See OP 7b for more information) 

                    A person who has been nominated by a province or territory for permanent residence and is employed or has a job offer * from an employer based in that province may be issued a work permit without requiring an LMO.
                     
                    In order for this provision to be applied, the application for the work permit must include a letter from the provincial or territorial government that confirms: 

                    • that the foreign national has been nominated for permanent residence by the province. 
                    • that the nominated individual is urgently required by the provincial-based employer who has made the foreign national a job offer.
                     
                    The duration of the work permit should be equivalent to the duration of the job offer.

                    “PNP” should be entered in the “Remarks” field to facilitate differentiating between the PNP and the TFW-PS provincial/territorial selection types. 
                    Note: If there are any obvious potential medical or security concerns, these should be dealt with before any work permit is issued. 

                    Note: It is not necessary that the application for permanent residence of the foreign national has been received by CIC for the work permit to be issued. The letter from the province is sufficient to trigger this LMO exemption. 

                    For provinces/territories without nominee agreements (e.g. Nunavut and Quebec) the legislative authority for the exemption is R205(a). 

                    * See OB 406 for information about an Opportunities Ontario: PNP initiative that facilitates the issuance of open work permits for Master’s and PhD graduates who have been nominated by the Province of Ontario; and OB 420 for information about Quebec’s initiative to facilitate work permits for certain CSQ holders residing in the province of Quebec. 


                    OP 7(b)
                    Provincial Nominees

                    Temporary resident visas and work permits 

                    Applicants sometimes apply for temporary resident visas (TRV) to make exploratory trips to 
                    Canada. Some provinces require prospective applicants in certain categories to make such a visit before nomination can occur. Individuals applying for TRVs for such purposes are subject to the same requirements as persons travelling for other purposes. Applicants or their representatives have occasionally argued that if the visit is required by the province, the visa officer should assess only the admissibility of the applicant, not their bona fides. There is no legal basis whatsoever for this argument. Clearly, a TRV issued to facilitate an exploratory visit may be abused as easily as a TRV issued for any other purpose. 

                    That being said, officers should apply the dual-intent provisions and be cognizant of the fact that an applicant who is likely to be nominated by a province may well be less motivated to abuse their visa than one who has fewer prospects of obtaining legal permanent admission to Canada. 
                    Officers must carefully consider all the information available to them and make a reasonable 
                    decision on the basis of that information.

                    Section 5.27 of FW 1 deals with the issuance of work permits to provincial nominees. Under R204(c), work permits can be issued to prospective or actual provincial nominees. 

                    The applicant must present a letter from the province stating that they have been nominated and requesting a work permit. 

                    It is not necessary for the visa office to have received the nominee’s application for permanent residence before issuing a work permit. Spouses of provincial nominees are entitled to open work permits regardless of the skill level of the principal applicant. 
                     
                    How to obtain a work permit support letter for BC, ON (operation bulletin), PEI
                    Ċ
                    TFWU.pdf
                    (1004k)
                    Milorad Borota,
                    Jun 14, 2012, 6:26 PM
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                    fw01-eng.pdf
                    (1308k)
                    Milorad Borota,
                    Oct 15, 2014, 12:28 PM
                    Ċ
                    Milorad Borota,
                    Oct 15, 2014, 12:33 PM
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