What is considered “work”?

Work is generally defined as any activity in Canada for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market. Generally this means as performing the activity that you would be ordinarily paid for whether you in fact receive payment. If the activity is one that a Canadian or permanent resident should really have an opportunity to do so, or performing a business activity that is competitive in the marketplace, these activities would generally be defined as work.

Examples of activities that would be considered work include a foreign technician coming in to repair equipment, self employment, and unpaid employment for work experience.

Examples of what is not considered work include what would ordinarily be described as volunteer work for a known volunteer organization, unremunerated services to a friend or family member, long distance work done for an out of Canada employer, who then pays the worker from outside of Canada, self employment that would have no impact on the labour market.

It is important to understand that working in Canada without proper authorization is a violation of law and can result in punishments that include removal from Canada, a fine, or even a term of imprisonment.

Before you engage in any activity for which you could receive remuneration for, or compete in the Canadian labour market, seek proper advice on whether you should do so.

We can help you seek the proper authorization, or help you determine whether the activity that you are about to embark upon you are legally able to do so.

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Can I work without a work permit?

In a very limited set of circumstances, you may be able to work without a work permit. Some examples include: athletes and coaches, business visitors, airline crew members, expert witnesses in Court, military personnel, public speakers, religious leaders, short-term highly-skilled workers, and students on valid study permits.

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What kinds of work permits are there?

There are two types of work permits: open and closed. An open work permit is virtually unrestricted. It allows you to work anywhere in Canada, in almost any occupation, for any employer. A closed work permit is employer-specific and has other restrictions such as the occupation and location of work.

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How can I get an “open” work permit?

An open work permit has no restrictions relating to the employer, occupation or location. Eligibility for an open work permit is very limited. Common scenarios where open work permits are granted include:

• Post-graduation work permits for students who have graduated from a post-secondary program in Canada;

• Vulnerable workers in abusive situations;

• Economic PR applicants whose PR applications have reached a certain stage of processing (Bridging Open Work Permit);

• The spouse or common-law partner of a foreign student or foreign worker;

• Those who have approval in principle on their PR applications;

• A foreign spouse who is legally in Canada and awaiting the outcome of an in-Canada sponsorship application;

• International Experience Canada (IEC) applicants, including working holiday visas;

• Refugee claimants and those subject to unenforceable removal orders;

• Those granted a Temporary Resident Permit (TRP) of 6 months or longer

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How do I find a job in Canada?

There is no single way to find a job in Canada. Here are some suggestions:

• Having family or friends in Canada help you make connections with a company in your industry;

• Searching recruitment websites, including the Canada Job Bank; or

• Reaching out directly to a company in your industry; or

• Reach out to a recruiter/head hunter in your industry

We do not provide assistance for individuals to find jobs. Many provinces also require that recruiters be licensed. It is illegal to pay unlicensed recruiters in those Provinces.

PAYING FOR A JOB IS ILLEGAL - There can be very serious consequences for doing so.

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What is a Labour Market Impact Assessment (LMIA)?

An LMIA is permission for a Canadian company to give a job to a foreign national. With a few exceptions, the Canadian employer will need to undertake recruitment and advertising efforts to first find Canadians or permanent residents to fill that role. The extent of those recruitment requirements will depend on skill level and wage of the position. If they are unable to find suitable Canadians or PRs, then they can make an LMIA application to offer the job to a foreign worker.

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Can I get a work permit without an LMIA?

It may be possible to get an LMIA-exempt work permit. Examples include:

• Intra-company transferees;

• Those who benefit from international agreements, such as NAFTA;

• Significant benefit work permits;

• Francophone mobility;

• Certain International Experience Class work permits, such as Young Professionals;

• Work permit extensions for those with PNP Nominations;

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Can I apply for a work permit from inside Canada?

The vast majority of initial work permit applications must be made outside of Canada. That means you cannot apply within Canada if you are here as a visitor. There are a few exceptions, including:

• Those eligible under NAFTA;

• Spouses of skilled workers or students in Canada;

• Refugees;

• Foreign spouses legally in Canada and subject to a sponsorship application

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Can I extend my work permit in Canada?

You may be able to extend your work permit in Canada. If you needed an LMIA to support your initial work permit, you may need another to extend.

Some work permits cannot be extended, such as an IEC (International Experience Canada) work permit and post-graduation work permits (if granted the full amount at the outset).

You must make your extension application before the expiry of your work permit. You do not have to leave Canada while you wait for a decision on your extension application.

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What if I missed my deadline for extending my visitors status?

You should seek legal advice as soon as you realize you have fallen out of status - which happens if you do not extend your status before the expiry date. It may be possible to restore your status if you apply to do so within 90 days of your original expiry date. You are not considered to be in legal status while your restoration application is in process.

A restoration application should include a clear explanation of why the extension was not filed in time, and include any documentation to support the stated reasons.  It is very important to provide a credible explanation to support the application.  The correct restoration fees must also be paid.

If your request is compelling and you are eligible for a work permit, the restoration application will be approved, at which point you will again have legal status to work in Canada.

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If I missed the deadline to extend my status in Canada in 2019 as a result of COVID-19 or was unable to leave Canada prior to the expiration of my status, will there be any extensions to the 90 day restoration period?

Normally, Temporary Foreign Workers in Canada have 90 days after their work permit expired to apply to restore their status. Although Temporary Foreign Worker have been encouraged to renew their status to maintain legal status in Canada throughout the COVID-19 Pandemic, IRCC has recognized that the Pandemic has impacted the Temporary Foreign Worker’s ability to provide complete applications and IRCC’s ability to process them. Therefore, IRCC has implemented a new public policy for Temporary Foreign Workers whose status expired after January 30, 2020 and remained in Canada to submit an application on or before December 31, 2020 to restore their status.

Former work-permit holders who are applying for an employer-specific work permit may work while their restoration application is being processed if they have a valid job offer and submit an application for a work permit that is supported by a LMIA or have an LMIA exempt job offer.

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Can I move or change jobs once I am in Canada?

If you have an open work permit, you can move or change jobs without issue. However, if you have a closed work permit, you must apply to change the conditions of your work permit before you can work elsewhere.

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Can I bring my family with me to Canada?

If you are working in a skilled occupation, your spouse can apply for an open work permit and your minor children can study in Canada. If you are not working in a skilled occupation, your family may be able to accompany you to Canada as visitors.

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What options do I have to get Permanent Residence?

Your options for permanent residence depend on a number of factors, including the skill level of your work experience. Categories of economic permanent residence include:

1. Federal Skilled Worker (FSW) Class;

2. Canadian Experience Class (CEC);

3. Federal Skilled Trades (FST) Class; and

4. Provincial Nominee Class

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