How can my international workers legally work in Canada?…

To keep away from working afoul of Canadian authorities, it is best to make sure that any international workers you require to work in Canada are legally licensed to take action.

Schedule a Free Work Allow Session with the Cohen Immigration Regulation Agency

You may have three principal choices:

• Work allow exemptions;
• The Worldwide Mobility Program (IMP); and
• The Momentary International Employee Program (TFWP).

Basically, you’ll first need to test if any of the work allow exemptions could apply to your state of affairs.

If no work allow exemption is relevant, you’ll need to take into account the Worldwide Mobility Program (IMP), to see whether or not certainly one of these work permits applies to your state of affairs.

Lastly, if neither the work allow exemption nor IMP can suffice, you’d subsequent take into account whether or not to maneuver ahead with pursuing a piece allow by means of the Momentary International Employee Program (TFWP).

Work allow exemption

In sure situations, international nationals don’t require work permits to legally work in Canada.

Sometimes, these are situations by which the international nationals don’t enter the Canadian labour market.

Listed below are two frequent examples:

• After-sales service settlement: A international producer sells specialised industrial tools to a Canadian consumer. International staff could be despatched in to carry out after-sales service on the tools, as long as the providers are associated to the unique gross sales contract.
  • For instance, a Canadian manufacturing facility purchases an industrial robotic from a US-based firm. Set up providers for the commercial robotic are included within the gross sales worth. The US-based entity sends a staff of technicians to Canada to put in the tools. The employees set up the tools on the plant in Canada over the course of two weeks, after which return to the Unites States.
• Movie and TV Manufacturing: A international manufacturing firm needs to movie its new mission, which is totally foreign-financed, on-site in Canadian places. Supplied all of the funds stay outdoors Canada, the corporate can ship in international staff and actors to movie on location in Canada.

There are a lot of work allow exemptions. Everytime you encounter a state of affairs the place you want to ship international staff into Canada for a short-term or short-term foundation for a particular goal, chances are you’ll take into account consulting with a authorized skilled to see if a piece allow exemption applies in your case.

For all work allow exemptions, the employees should not be coming into the Canadian labour market. Their pay and first work location should stay outdoors of Canada to qualify for a piece allow exemption.

Moreover, merely qualifying for a piece allow exemption doesn’t assure entry to Canada. International nationals should nonetheless search admission to Canada as enterprise guests, and might have to elucidate and proof why they qualify for the exemption on the border.

Lastly, except they’re eTA-exempt (e.g., US residents and lawful everlasting residents), they may also must receive a Momentary Resident Visa (TRV) or Digital Journey Authorization (eTA), relying on their nation of origin.

Communicate with an Immigration Lawyer about Work Allow Exemptions

Worldwide Mobility Program

The Worldwide Mobility Program is an umbrella work allow program that features a mandate to supply social, cultural, and financial advantages to Canada.

There are numerous work permits obtainable beneath the IMP, every of which has totally different necessities. Listed below are just a few examples:

Worldwide Mobility Program – Intra-Firm Transferees

There are two principal situations for ICTs:

• Nations coated by a free-trade settlement; and
• Nations not coated by a free commerce settlement.

In circumstances the place the nation is roofed by a free commerce settlement, the employer and worker may have extra situations by which they’ll qualify for ICTs, and will probably be simpler for them to fulfill the eligibility necessities.

Nations with out free commerce agreements can nonetheless reap the benefits of ICTs when eligible, however will face extra restricted situations and stricter necessities than these with free commerce agreements.

It is best to plan to make use of ICTs for key personnel solely, not as a basic technique of transferring your international workforce into Canada.

Worldwide Mobility Program – CUSMA Professionals

Residents of the USA or Mexico with organized employment for Canadian employers in eligible professions could qualify for a piece allow beneath the Canada-United States-Mexico Settlement (CUSMA).

There are 63 eligible occupations, throughout plenty of skilled occupations, together with managements consultants, scientists and scientific technicians, lecturers, and medical professionals.

The international nationwide should be offering skilled degree providers of their discipline of qualification.

If the occupation is a regulated occupation, the international nationwide could require the required licensing to apply their occupation in Canada.

Self-employment just isn’t allowed for this work allow, so the Canadian enterprise can’t be considerably managed by the work allow holder, and the work allow holder could not solicit enterprise in Canada.

If the skilled will probably be engaged on a couple of contract, they are going to require a number of work permits – one for every Canadian enterprise.

Which professions are eligible for CUSMA?

The next occupations are eligible for the CUSMA professionals work allow:

This can be a full checklist of occupations, as of November 1 2024. No different occupations are eligible.

Job titles could differ; these occupations check with these set out in Canada’s Nationwide Occupation Classification (NOC).

Worldwide Mobility Program – Worldwide Expertise Class

The Worldwide Expertise Class (IEC) is a piece allow program for youth from nations with bilateral youth mobility agreements with Canada.

To qualify, the work allow holder should be a international nationwide of a taking part nation. They need to even be between the ages of 18 and 35, or 30 for some nations.

Which nations have bilateral youth mobility agreements for the IEC?

The next nations have bilaterial youth mobility agreements with Canada:

Momentary International Employee Program

If a piece allow exemption doesn’t apply to your state of affairs, and your worker can’t qualify for an IMP work allow, you possibly can pursue a piece allow by means of the TFWP.

The TFWP is meant to supply Canadian employers entry to international labour within the case the place they don’t seem to be in a position to fill their wants with Canadian residents or everlasting residents.

The TFWP takes essentially the most effort of the employer-based work allow choices.

The TFWP has a number of streams, every of which has barely totally different necessities.

To acquire a piece allow by means of the Momentary International Employee Program (TFWP), you have to bear a Labour Market Affect Evaluation (LMIA) with a optimistic or impartial outcome.

IRCC and Employment and Social Growth Canada (ESCD) require LMIAs as a means for employers to show that no Canadian residents or everlasting residents can be found to fill the place.

Usually, previous to making use of for an LMIA, you have to promote the job and present recruitment efforts inside Canada.

There are some exceptions throughout the TFWP by which promoting just isn’t required.

TFWP work permits could also be issued for 1 – Three years, relying on the stream.

To resume a TFWP work allow, you have to bear the LMIA course of once more.

Schedule a Free Work Allow Session with the Cohen Immigration Regulation Agency