Canada welcomes thousands of temporary foreign workers and professionals each year, to help grow its workforce and economy.

The rules to obtain Temporary Foreign Worker status can be complex. In most cases, foreign workers need a work permit to work in Canada. To be eligible for a work permit, workers are generally required to have a valid job offer from a Canadian employer, who has obtained a Labour Market Impact Assessment (LMIA). However, there are many exceptions. Some foreign nationals do not need a temporary work permit to work in Canada, and others only require a work permit, without an LMIA. Foreign workers may be accompanied by their spouse or partner, and dependent children. Fill in our free assessment and let Meridian advise you on your best options.

The Temporary Foreign Worker Program

The Temporary Foreign Worker Program (TFWP) allows employers in Canada to hire foreign nationals to fill temporary labour and skill shortages. In most cases the employer has to obtain a LMIA, which verifies that there is a need for a temporary worker and that no Canadians or Permanent Residents are available to do the job. In general, for a foreign national to qualify for a temporary work visa, you need a valid job offer (or contract) and a LMIA through the employer. Other requirements include proof of sufficient financial support, and possibly police certificates and a medical examination.

What is a Labour Market Impact Assessment (LMIA)?

Before a Temporary Work Permit can be issued, a Canadian employer who intends to hire a foreign worker may need to apply for a LMIA. Generally speaking, employers must provide evidence that they have attempted to find qualified Canadian citizens or permanent residents to fill job positions before turning to foreign workers. In addition, employers may be inspected for compliance to government regulations after their employee has begun working in Canada.

Post Graduation Work Permit

Students who have graduated from a Canadian college or university can obtain a Post Graduation Work Permit which allows them to work for any employer in Canada without the need for an LMIA.

Who does not need a Work Permit?

The list of persons who do not need a work permit to work temporarily in Canada includes, among others:

• news reporters
• public speakers
• NAFTA business visitors
• artists, athletes and coaches
• crew members
• foreign government officers

Who needs a Work Permit, but not an LMIA?

In other cases, foreign nationals do have to apply for a work permit, but do not need an LMIA from the employer because their job is in the interest of Canada or falls under an international trade agreement, such as NAFTA. This includes, among others:

• spouses/partners of skilled workers or full-time students
• workers nominated by a Province for Permanent Residence
• coop students
• people in exchange programs
• refugee claimants
• entrepreneurs and workers transferred within a company
• religious workers.

The International Mobility Program provides more information about who qualifies for an LMIA exemption.

NAFTA business people, professionals, traders and investors

The North American Free Trade Agreement (NAFTA – in the near future to be replaced by the USMCA) – facilitates processing for designated US and Mexican citizens who apply for a Temporary Work Visa. Work permits under NAFTA do not generally need an LMIA. Because US and Mexican citizens do not require a Temporary Residence Visa to enter Canada, applications for a NAFTA Work Permit can be made both at a Visa office abroad (online or in person), or at al Canadian Port of Entry (border crossing or airport).

Apart from NAFTA business visitors, who do not need a work permit or LMIA, the following categories of temporary work are covered under NAFTA:

• Professionals (based on a specific list of qualifying professions)
• Intra-Company Transfers
• Traders and Investors

US or Mexican citizens who fall under these three categories do require a work permit, but they don't need a LMIA. The Government of Canada provides further details on International Free Trade Agreements and Temporary Entry.

International Experience Canada

Young foreigners aged 18-35 years from selected countries can obtain an flexible Open Work Permit (no job offer or LMIA required) to travel and work in Canada for a period of 12 months under the Working Holiday stream of International Experience Canada (IEC).

IEC also has a stream for Young Professionals, who need a job offer first (but no LMIA required) to obtain an employer-specific work permit

The IEC stream for International Co-op Internships is designated for post-secondary students who have a job offer (no LMIA required) for a work placement or internship directly linked to their area of studies.