Temporary workers

A work permit or authorization to work without a permit is required in order for a foreign national to be allowed to work in Canada under either of the following programs:

• the Temporary Foreign Worker Program
  • Employers must obtain a Labour Market Impact Assessment (LMIA) to hire foreign workers to fill temporary labour and skill shortages. The LMIA verifies that there is a need for a temporary worker and that no Canadians or permanent residents are available to do the job.
• the International Mobility Program (IMP)
  • The IMP lets employers hire temporary workers without an LMIA. Exemptions from the LMIA process are based on both of the following:
    • the broader economic, cultural or other competitive advantages for Canada
    • the reciprocal benefits enjoyed by Canadians and permanent residents

A complete list of all instructions related to temporary residence is available.

• See the table of contents.

For additional information, see the following:

• the transition table for information on where previous manual content can now be found in the new format
• the officer quick reference guide to occupations

Intake

• Steps to determine work and assessment of work permit applications
• Step 1: What is work?
  • Assessing farm work
• Step 2: Authorization to work without a work permit
• Place of application
  • Applying at a visa office before entry
  • Persons who may apply at a port of entry
  • Persons who may apply from within Canada
• Refusal to process applications: Protecting workers from abuse and exploitation

Processing

• Step 3: Employer reviews and procedures
  • Assessing the genuineness of the offer of employment on a work permit application
  • Review of wages, occupation and working conditions provided to previous temporary workers
  • Assessing employer eligibility to access the Temporary Foreign Worker Program (TFWP) or the International Mobility program (IMP) – Public list of employers who have been non-compliant
  • Employer name changes and corporate restructurings
• Step 4: Temporary workers: Eligibility and admissibility (conditions, medical requirements, urgent referrals and more)
  • Assessing medical requirements
  • Assessing a temporary foreign worker’s eligibility to work in Alberta in a compulsory certification trade position
  • Assessing in the event of a strike situation
  • Assessing language requirements
  • Assessing individuals subject to immigration warrants
• Step 5: Work permit issuance prohibitions
• Work permit issuance
  • Open work permits
  • Employer-specific work permits with Labour Market Impact Assessment exemptions
  • Conditions and validity period on work permits
  • Urgent referrals process for work permits
  • Quebec cases (Temporary Foreign Worker Program and International Mobility Program)
• Priority processing (14 days) of work permits under the Global Skills Strategy

Labour Market Impact Assessments (LMIA)

• Overview
• Labour Market Impact Assessment validity and suspension, and duration of employment
• Limited validity period for LMIAs
• Occupations requiring lower levels of formal training
• Caregivers
  • Refusal to process LMIA-required work permit applications for caregivers received on or after June 18, 2019

Labour Market Impact Assessment exemptions (LMIA)

• LMIA exemption codes list
• Agreements [R204]
  • Applying the North American Free Trade Agreement and other international free trade agreements
  • Canada-International non-trade agreements
  • Provincial nominees
• Canadian interests [R205] (see LMIA codes)
• Applicants with no other means of support [R206]
• Permanent residence applicants in Canada [R207]
• Vulnerable workers [R207.1]
• Humanitarian reasons [R208]
• Unique work situations or Officer quick reference guide to occupations

Special initiatives and pilot projects

• Special initiatives and pilot projects

Provincial and territorial

• Atlantic Immigration Pilot Program (C18)
• Assessing a temporary foreign worker’s eligibility to work in Alberta in a compulsory certification trade position
• International Mobility Program: Yukon Community Pilot (YCP) – Open work permits (LMIA exemption code A75)

Federal

• Open work permits for applicants under the Interim Pathway for Caregivers
• Open work permit pilot for permanent residence applicants in the spouse or common-law partner in Canada (SCLPC) class
• Stream for lower-skilled occupations
• Work permits issued to seafood-processing workers
• Rural and Northern Immigration Pilot (C15)
• Rural and Northern Immigration Pilot spouses (C17)
• Agri-Food Pilot Program

Employer compliance regime

• Employer compliance inspections
  • Employer compliance inspections related to COVID-19 conditions
• Revocation of work permit due to public policy consideration
• Application of consequences where an employer is found non-compliant with the conditions
  • Assessing the severity of violation
• Public list of employers who have been non-compliant
  • Employers who have been non-compliant
• Collecting administrative monetary penalties and determining when employers are in default of payment
• Exemption from the employer compliance regime for the International Mobility Program