Difference between revisions of "Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)"

A foreign national who wishes to work in Canada must apply for authorization under the Worker Class, and a work permit '''from outside''' Canada at a visa office. There are several exceptions to this general rule: in some circumstances a foreign national can work in Canada without a permit (see ''IRP Regulations'' ss 186 to 187); and in some circumstances a foreign national can apply for a work permit at a Port of Entry (see ''IRP Regulations'' s 198), or from within Canada (see s 199).

There are several categories of work permit, and the most common type is one based on a successful application by an employer in Canada to obtain a Labour Market Impact Assessment (LMIA), or “validation,” from Service Canada (Employment and Skills Development Canada). Obtaining an LMIA is often difficult. There are several criteria the employer must meet, including evidence of efforts to hire Canadians or permanent residents; that a government-determined minimum wage (not the same as the provincial minimum wage) will be paid; and that the employer is able to demonstrate it can pay the wages offered. There are additional rules associated with whether the position pays less than or more than the provincial average wage (again, not the same as the provincial minimum wage).  

Information on the LMIA process (currently called the “Temporary Foreign Worker Program”) can be found at the [http://www.esdc.gc.ca/eng/jobs/foreign_workers/index.shtml Employment and Social Development Canada website].  

There are other, less common kinds of work permit such as a professional pursuant to NAFTA; inter-company transfers; and “significant benefit” permits where the foreign national can demonstrate that they will contribute significantly to Canadian culture or the economy. Work permits authorizing self-employment are technically possible, but rarely granted. Please see sections 204 and 205 of the ''IRP Regulations''.

In some instances, no work permit is required in the first place (see sections 186 and 187 of the ''IRP Regulations'').