Military personnel [R186(d)] – Authorization to work without a work permit: International Mobility Program

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

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

Military personnel and civilian components coming to Canada from a designated country for the purposes of the Visiting Forces Act (VFA) as staff or to attend any school or training unit are considered on active duty and are exempt from the work permit requirement [paragraph R186(d)].

Note: Military personnel and civilian components should not be confused with “military attachés,” who are diplomatic agents on diplomatic missions. The accreditation of military personnel is coordinated by the Department of National Defence.

Only military personnel designated under the VFA are also exempt from the requirements of a

Civilian components are not exempt from these requirements, even when travelling under military orders.

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Eligibility for authority to work without a permit

Paragraph 186(d) of the Immigration and Refugee Protection Regulations (IRPR) authorizes foreign nationals to work without a work permit if they are

Note: NATO nations are covered by the Status of Forces Agreement , which sets out the terms under which the armed forces of a NATO member state are allowed to operate and live within another NATO member state. Military personnel coming to Canada under NATO movement orders, including the civilian component, are considered included under paragraph R186(d).

Eligibility for a work permit

Military members or civilian components entering Canada to take employment at certain facilities may be in Canada for many years. While these military members or civilian components are work permit exempt, when requested, long-term work permits may be issued to facilitate their ability to receive federal and provincial services.

To be eligible for a work permit under paragraph R204(a), administrative code T11, the military member or civilian component must hold

  • an acceptance letter from the Department of National Defence
  • military movement or travel orders

Documentary evidence

Officers should be satisfied that the application to enter or remain in Canada has the following documentary evidence needed to make an assessment:

  • an acceptable identity document
  • movement or travel orders (for example, a NATO travel order)
    • Officers can use the contact information in the movement or travel order if verification is needed.

In addition, for a work permit, an acceptance letter issued by the Department of National Defence indicating the following is mandatory:

  • rank
  • surname, initials
  • hosting section/organization/location
  • Canadian Armed Forces service number
  • start and end date of the tour of duty
  • province of residence

Important: An offer of employment (A#) in the International Mobility Program is not required for military members and civilian components under military movement orders.

Assessment

If the processing officer is satisfied that the foreign national is a member of the foreign armed forces and is travelling on orders from the armed forces or NATO, the officer may authorize them to enter Canada and issue either a visitor record for those authorized to work without a permit or, on request, a work permit.

Visitor record

The foreign national should be documented on a visitor record when seeking entry to Canada to perform official duties under the VFA, as this facilitates the member to obtain federal or provincial services as needed.

he following coding should be used:

  • Case type:12
  • Special program code: VFA
  • Conditions of entry should not be imposed on VFA nationals
  • Validity to date should be the duration specified in the movement orders
  • User remark: Authorized to work as per paragraph R186(d)

Work permit

Work permits are issued under the authority of paragraph R204(a).

If the applicant has their acceptance letter and has requested a work permit, on the Application screen, officers should enter the following information in the specified fields:

Field Selection or input

Case type

22 Official status

Province of destination

To match the location of the military base or location of work specified in the acceptance letter from the Department of National Defence

Exemption code

T11 Canada–International Non-Trade Agreements

NOC and Intended occupation

40042 – Commissioned officers of the Canadian Armed Forces
42102 – Specialized members of the Canadian Armed Forces
43204 – Operations Members of the Canadian Armed Forces
44200 – Primary combat members of the Canadian Armed Forces

Employer

Department of National Defence

Duration

To match the tour of duty, as specified in the acceptance letter

Medical exam

Military members are exempt from an immigration medical examination as per paragraph R30(1)(d), but only for military duties. If they intend to work outside of their military duties, they must complete a medical examination.
Civilian components are not exempt from immigration medical examination requirements.

Fees

Work permit fee exempt: E03 [R299(2)(g)(ii)]
Biometric fee exempt: B18 [R315.1(2)(d)(iv)]

Biometrics

Required for work permit issuance

Canadian military training

For information on military members or civilian components entering Canada for the purpose of receiving training, including under the Military Training Cooperation program, please see: Members of the armed forces of a country designated for the purposes of the Visiting Forces Act [R188(1)(b)].

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