To ensure compliance with Canadian immigration laws, it is crucial to confirm that any foreign employees working in Canada have the appropriate legal authorization. There are three main options for employers to consider when hiring foreign workers:
- Work Permit Exemptions
In certain situations, foreign employees may not need a work permit to work in Canada. These exemptions typically apply to short-term work where the employee is not entering the Canadian labor market. For example, workers involved in after-sales services for specialized equipment or foreign actors filming in Canada for a project financed outside the country may be eligible for these exemptions. However, even in these cases, workers must still be granted entry as business visitors and may need to show proof of their eligibility at the border. - International Mobility Program (IMP)
The IMP offers work permits for specific situations that benefit Canada economically, socially, or culturally. These permits apply to employees such as intra-company transferees (ICTs) who are being transferred from a foreign multinational to a related Canadian company. ICT permits are available for executives, senior managers, and employees with specialized knowledge, provided they meet the specific eligibility requirements. Work permits under the IMP can last between 1 to 3 years and may be renewed. - Temporary Foreign Worker Program (TFWP)
For situations where neither a work permit exemption nor the IMP applies, employers can consider the TFWP. This program allows foreign workers to fill roles in Canada with a valid work permit, but it requires a labor market impact assessment (LMIA) to show that no Canadian worker is available for the position. In addition, employers must often advertise the job to Canadian citizens. The work permits under the TFWP are typically issued for 1 to 3 years and may be renewed depending on the stream.
When hiring foreign workers, it’s important to first assess if any work permit exemptions apply. If not, exploring options under the IMP or TFWP will be the next step. Given the complexities of Canadian immigration regulations, consulting an immigration lawyer can help ensure that employers comply with all legal requirements and avoid unnecessary complications.