How to Legally Hire Foreign Employees in Canada: A Guide to Work Permits
Are you planning to hire foreign employees for your business in Canada? Whether you’re a small business owner or a large corporation, ensuring your foreign workers are legally authorized to work in Canada is critical to avoid issues with immigration authorities. Fortunately, there are several work permit options available depending on your specific needs and the circumstances of the job. Here’s everything you need to know to make sure your foreign employees can legally work in Canada.
- Work Permit Exemptions
In some cases, foreign workers don’t need a work permit at all! Canada has certain exemptions where foreign nationals can work without a formal work permit. These exemptions apply when the foreign worker is not entering the Canadian labor market or replacing a Canadian worker.
Common Exemptions:
- After-Sales Service Agreements: Foreign companies selling equipment to Canadian clients can send workers to install or service the equipment without requiring a work permit. For example, if a Canadian manufacturing facility purchases specialized equipment from a foreign company, workers can be sent to install the equipment as part of the sales contract.
- Film and TV Production: Foreign workers involved in film or TV productions that are entirely financed outside Canada may be exempt from needing a work permit if they are filming on location in Canada.
These exemptions are generally for short-term work (less than 6 months) and do not involve entering the Canadian labor market. However, workers still need to enter Canada as business visitors and may need to explain and prove their eligibility for exemption at the border.
- International Mobility Program (IMP)
If your foreign employee does not qualify for a work permit exemption, the International Mobility Program (IMP) is the next option to explore. The IMP includes work permits for workers in specific categories that benefit Canada’s economy, culture, or society.
Who Qualifies for the IMP?
- Intra-Company Transferees (ICTs): If you’re transferring an employee from an overseas branch of your company to a related Canadian branch, they may qualify for an ICT work permit. This is ideal for executives, senior managers, or employees with specialized knowledge.
- CUSMA Professionals: If your employee is a US or Mexican citizen with arranged employment in one of Canada’s eligible professions, they may qualify for a work permit under the Canada-United States-Mexico Agreement (CUSMA).
- International Experience Class (IEC): This program allows young workers from countries with youth mobility agreements with Canada to work in Canada for a limited time.
Duration and Effort:
- Work permits under the IMP are typically valid for 1-3 years and may be renewable depending on the specific category.
- The eligibility requirements for the IMP tend to be medium-effort compared to other programs.
- Temporary Foreign Worker Program (TFWP)
For roles that do not qualify under work permit exemptions or the IMP, the Temporary Foreign Worker Program (TFWP) is the most common pathway. This program allows Canadian employers to hire foreign workers when there are no qualified Canadian citizens or permanent residents available to fill the role.
How Does the TFWP Work?
- Labour Market Impact Assessment (LMIA): Employers must apply for an LMIA from Employment and Social Development Canada (ESDC). The LMIA proves that hiring a foreign worker will not negatively impact the Canadian labor market, i.e., there are no Canadians available to do the job.
- Job Advertising: Before applying for an LMIA, employers are generally required to advertise the position in Canada to prove their recruitment efforts. However, there are some exceptions to this requirement.
Streams under the TFWP:
- Global Talent Stream: For employers looking to fill high-skill, in-demand positions on Canada’s Global Talent Occupations list.
- Permanent Residence Stream: For employees you wish to hire while also supporting their application for Canadian permanent residence.
- High-Wage and Low-Wage Streams: Depending on whether the position offers wages above or below the median wage in the province, these streams allow employers to hire foreign workers for specific job categories.
- Agricultural and Caregiver Streams: For positions such as farm workers or full-time in-home caregivers.
Duration and Effort:
- Work permits issued under the TFWP are typically valid for 1-3 years depending on the specific job stream.
- The TFWP requires the most effort from employers due to the LMIA process and job advertising requirements.
Important Considerations for Employers
- Work Permit Exemptions First: Before applying for any work permit, always check if your foreign employee qualifies for one of the work permit exemptions. If they do, this will save time and reduce the paperwork involved.
- IMP Options: If your employee falls under one of the specific categories in the International Mobility Program, such as intra-company transferee or CUSMA professional, this may be the best option for a smoother application process.
- TFWP for Flexibility: If your employee doesn’t qualify for exemptions or IMP, the TFWP will likely be your go-to option, but be prepared for a more detailed process, including LMIA approval and job advertising.
Get Expert Guidance
Navigating the world of work permits in Canada can be complex. Whether you’re considering work permit exemptions, the International Mobility Program, or the Temporary Foreign Worker Program, the right approach will depend on your specific needs and the type of position you’re hiring for.
Contact us today to schedule a consultation with an experienced immigration lawyer. We’ll help you ensure your foreign employees are legally authorized to work in Canada, so you can focus on growing your business.
Contact Us:
📍 Saskatoon: 535 20th St W, Saskatoon, SK
📍 Regina: Unit 170 – 2410 Dewdney Ave, Regina, SK
📞 Phone: +1 306-700-7440
📧 Email: support@guidemeimmigration.com
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