Embedded Files
HIRING A FOREIGN WORKER IN CANADA
Employers wishing to hire a foreign worker need to ensure they are compliant with immigration laws and employ workers who have a work permit. Depending on the type and scope of work, duration of work, country of citizenship, and other factors of the foreign worker, different rules and requirements apply.
Most job positions and foreigners require an LMIA and a Work Permit, others only require a work permit, and some do not require a work permit at all.
To find out if an LMIA and/or Work Permit is required, refer to the categories below.
Jobs that require a positive LMIA (Labour Market Impact Assessment) in addition to a Work Permit
Jobs that require a positive LMIA (Labour Market Impact Assessment) in addition to a Work Permit
In most cases, a Canadian employer wishing to hire a foreign worker must first receive government approval before the hiring can take place. This is to ensure that no qualified Canadians were passed up in favor of the foreign worker and that the foreign worker will be given a salary and benefits that meet federal and provincial standards. The government approval comes in the form of a positive Labour Market Impact Assessment (LMIA).
Generally speaking, all Canadian employers must provide evidence that they have attempted to find qualified Canadian citizens or permanent residents to fill job positions before turning to foreign workers. In addition, employers may be inspected for compliance with government regulations after their employee has begun working in Canada.
LMIA Exempt Jobs & Foreigners
LMIA Exempt Jobs & Foreigners
There are cases where a positive LMIA is not required in order to be eligible to apply for a work permit.
The following categories are exempt from requiring a positive LMIA- a work permit can be obtained without one.
International Agreements (NAFTA, CETA, GATS, Canada-Columbia FTA, Canada-Peru FTA)
Global Talent Stream
Entrepreneurs/Self-Employed Candidates
Intra-Company Transferees
International Exchange Programs
Spouse and Dependents Of Foreign Workers
Religious Workers
Academics
Provincial LMIA Exemptions
Note: Being exempt from obtaining an LMIA does not mean the individual is exempt from obtaining a work permit. All streams on the LMIA exemption list still require the individual to obtain a work permit to work in Canada legally.
Global Talent Stream
Employers who are experiencing high growth or wish to hire IT professionals can apply for work permits under Global Talent Stream and benefit by 2-week expedited processing times. This program was introduced to ensure companies can bring foreign workers to Canada quickly, to meet the needs of their growing business.
Work without a permit
There are several occupations and situations where a foreigner is allowed to work without a work permit. which are:
Athletes and team members
Aviation accident or incident inspector
Business visitor
Civil aviation inspector
Clergy
Convention organizers
Crew
Emergency service providers
Examiners and evaluators
Expert witnesses or investigators
Foreign government officers
Foreign representatives and Family members of foreign representatives
Health care students
Implied status
Judges, referees and similar officials
Military personnel
News reporters, media crews
On-campus employment and some Off-campus work
Performing artists
Public speakers
Open Work Permit (OWP)
An Open Work Permit allows a foreign national to work in any job, without restriction. An LMIA or confirmed offer of employment is not needed to apply for an Open Work Permit.
Foreign spouses/common-law partners of temporary foreign workers, foreign students, and Spouses/common-law partners being sponsored through the Inland Spousal/Common-law Sponsorship category are eligible to apply for an Open Work Permit.
Graduating international students are also eligible to apply for an Open Work Permit under the Post-Graduation Work Permit Program.
International Experience Canada (IEC) Candidates under the Working Holiday category as also eligible for an Open Work Permit.
International Experience Class (IEC)
The IEC is a program designed to bring younger adults and youth to Canada on a temporary basis to work for temporary periods.
Citizens in countries with a bilateral youth mobility arrangement with Canada who is between 18 and 35 years old may be eligible for IEC work permits.
The IEC program is composed of three categories:
Work while Studying
Full-time students who are enrolled at an institution may work at that institution's campus in any job without a work permit. Students may work at more than one campus of an institution, provided that they are in the same municipality. Students may be enrolled in any course to be eligible.
The permitted institutions are
Universities.
Community Colleges.
CEGEPs.
Publicly Funded trade/technical schools.
Private Institutions authorized by provincial statute to confer degrees.
Students working as graduate, research, or teaching assistants may work off-campus locations related to their research grants. These locations must have a formal association or affiliation with the learning institution. This may include hospitals, clinics, and research institutes.
Have any questions? feel free to contact us:
Page updated
Google Sites
Report abuse