Short-term high skilled work of 15 or 30 days – Public policy: International Mobility Program

In these instructions, “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC), in coordination with Employment and Social Development Canada, launched the Global Skills Strategy and introduced new work permit exemptions for certain high-skilled work of a short duration.

The minister of IRCC has established a public policy under section A25.2 of the Immigration and Refugee Protection Act that justifies the granting of a work permit exemption to certain highly skilled foreign nationals coming to Canada for 15 or 30 days to perform work in an occupation that meets the eligibility requirements.

On this page

• Eligibility
• Documentary evidence
• Assessment
  • Departure and re-entry
  • Multiple employers
  • Subsequent exemptions
• Document issuance
  • Port of entry
  • Visitor record coding

Eligibility

Based on public policy considerations, delegated officers may grant foreign nationals seeking to enter Canada a work permit exemption from the requirement in paragraph R183(1)(b) and section R196 of the Immigration and Refugee Protection Regulations (IRPR) if the foreign national is intending to perform work

• in a TEER category 0 or 1 occupation in the National Occupational Classification
• for one of the following periods up to
  • 15 consecutive days where the foreign national has not been granted an exemption under this public policy in the last 6 months
  • 30 consecutive days where the foreign national has not been granted an exemption under this public in the last 12 months

Persons eligible may also need a temporary resident visa (TRV) or an electronic travel authorization (eTA) to come to Canada.

Upon receipt of an application for this exemption at the port of entry, officers should verify in the system whether the foreign national has previously used this exemption. For more information, see departure and re-entry.

Applicants already in Canada are not eligible to make an initial application within Canada for this exemption.

Documentary evidence

Foreign nationals must provide evidence to satisfy an officer that they are eligible for this exemption.

Evidence may include documents such as a job offer or contract from the employer with

• details of the work
• the NOC code and job title of the intended occupation
• the period of employment (start date and end date)

Assessment

When the officer reviews the application for a short-term work permit exemption, additional factors that must be considered are as follows.

Departure and re-entry

Foreign nationals are allowed to exit and re-enter Canada within the prescribed time frame (15 or 30 consecutive days) of work under the exemption. However, the authorized work period begins on the date the exemption is granted and is counted consecutively, regardless of whether the person is actually working in Canada.

Any travel outside Canada after the date the exemption was granted will not extend the length of the exemption period.

Entry/Exit information is available in the GCMS by conducting a query through the application screen.

Example of travelling during the exemption period: The foreign national was granted a 15-day exemption on August 1, 2017. If they travel outside Canada for two days within that 15-day period (August 6 to August 7, 2017), they may resume work activities on August 8 under this exemption until August 15, 2017, only.

Officers at the port of entry should be satisfied that the 15 or 30 consecutive days under the short-term work permit exemption have not elapsed and that the foreign national is admissible to Canada.

Applicants already in Canada are not eligible to make an initial application within Canada for this exemption.

Example of how to count the 6-month waiting period: If the foreign national was granted the exemption on January 1, 2017, the 15 consecutive days of work are from January 1, 2017, to January 15, 2017, and the 6-month period is from January 1 to July 1, 2017. The new period of eligibility starts on July 2, 2017.

Multiple employers

This work permit exemption applies to the foreign national and not to the employer. Each foreign national is authorized to work without a permit under the public policy for a 15-day period every 6 months or for a 30-day period every 12 months.

If the foreign national enters Canada under the 15-day or 30-day work permit exemption and intends to work for more than one employer during that period, the foreign national is required to demonstrate that the work they intend to perform during that period is in a TEER 0 or 1 occupation under the NOC.

They may demonstrate this with evidence such as a job offer and/or a letter from each employer attesting to the details of the work and outlining the period of employment (start date and end date). For more information, see Documentary evidence.

Subsequent exemptions

The following cases provide guidance for when foreign nationals can benefit from short-term work permit exemptions if they have already used another short-term exemption.

If foreign nationals have benefitted from the 15-day exemption in the past, they may be granted the following:

• a subsequent 15-day exemption if they have not been granted a short-term work permit exemption in the last 6 months
• a 30-day or 120-day exemption once 12 months have elapsed since the 15-day exemption was granted

If foreign nationals have benefitted from the 30-day exemption in the past, they may be granted the following:

• a subsequent 30-day exemption if they have not been granted a short-term work permit exemption in the last 12 months
• a 15-day exemption once 6 months have elapsed since the 30-day exemption was granted (they may be granted a 120-day exemption once 12 months have elapsed since the 30-day exemption was granted)

Document issuance

Port of entry

Where the border services officer has determined that the foreign national is work permit exempt, they are requested to document the foreign national’s entry by the issuance of a visitor record [IMM 1097].

The visitor record with a notation that the holder is authorized to work without a work permit helps Service Canada issue a social insurance number (SIN).

In cases where the officer has not proactively issued a visitor record, it may be issued on request of the foreign national. The foreign national may require a visitor record with a condition authorizing work in order to apply for a SIN and be paid by their employer.

Where applicable, officers should document the work permit exemption in the case notes in the GCMS and check the system to determine whether the worker has been granted an exemption for a total of 30 days under the public policy in the last 12 months.

If the officer has concerns over the past use of this exemption, the onus will be on the foreign national to demonstrate they meet the requirements of this exemption.

Visitor record coding

The following conditions must be added in the User Remarks field in the GCMS so they are printed on the visitor record:

These conditions are necessary for the client in their application for a SIN.

Related links

• 120-day work permit exemption for researchers
• Authorized to work without a work permit under section R186 or exempt from the requirement to obtain a work permit pursuant to the Public Policy facilitating entry into Canada for short term work