Depending on the nature and duration of your work, you may be exempt from needing a work permit in Canada. This article will cover How to understand if you may be work permit-exempt; and Examples of work permit-exempt people in Canada. Consult with an experienced immigration representative Business visitors are a form of work-permit exempt […]
The post A newcomer’s guide to work permit-exempt individuals in Canada first appeared on CIC News.
Depending on the nature and duration of your work, you may be exempt from needing a work permit in Canada.
This article will cover
- How to understand if you may be work permit-exempt; and
- Examples of work permit-exempt people in Canada.
Consult with an experienced immigration representative
Business visitors are a form of work-permit exempt individuals with multiple sub-types, that are not covered in the article below. To find out if you qualify as a business visitor to Canada, read our first article in this series on work-permit individuals.
To gain a better understanding of what business visitors are permitted to do, and the specific conditions they need to meet to maintain their status while in Canada, read our second article in this series.
Foreign nationals who do not require a work permit
The following table covers other instances where foreign nationals will not require a work permit.
| Example | Definition | Summary of Conditions |
|---|---|---|
| Maintained status | Foreign nationals within Canada who previously held a valid work permit and applied for a new one before the expiry of their previous permit, and have remained in Canada. | May continue to work under the same conditions until a decision has been made on the application. |
| Study permit | Foreign nationals holding valid study permits. | Study permits generally authorize holders to work:
– Up to 24 hours per week off-campus, while classes are in session; – Unlimited hours on campus; and – Unlimited hours, during scheduled academic breaks. |
| Foreign representatives and their family members | Foreign representatives who are:
– Accredited by Global Affairs Canada; or – Diplomatic representatives to the United Nation’s offices (or to another international organization to which Canada is a member) |
Must be carrying out official duties as a:
– Diplomatic agent; – Consular office, – Representative of a country other than Canada; -Representative of the United Nations (or any of its agencies); or – Any international organization to which Canada is a member |
| Foreign government officers | Officers who are members of foreign governments who come to Canada (to work in a federal or provincial government body) as part of an international exchange of government employees. | Officers working in an executive capacity will require a contract from Canada’s Public Service Commission (PSC). |
| Military personnel | Military personnel visiting Canada under the Visiting Forces Act (VFA). | Must arrive in Canada on an official capacity, after having received orders to do so. |
| Convention organizers | Individuals organizing a convention or conference in Canada. | Examples of events include:
– Corporate meetings, – Trade shows, and – Exhibitions. |
| News reporters and media crews | News reporters and their associated crews. | Must be travelling to report on news in Canada.
The employers cannot be Canadian-owned. |
| Public speakers | Foreign nationals coming to present, for example as guest speakers, commercial speakers, or and seminar leaders. | Speaking event must be less than five days in duration |
Note: the above table is not an exhaustive accounting of all work-permit exempt individuals in Canada. For more information visit our dedicated webpage.
Additional information on work permit exemptions
Maintained status
Maintained status (formerly called implied status) allows foreign nationals to continue to work under the conditions of their expired permit, provided that they have submitted an application to extend their permit prior to their permit expiring, and that they continue to remain in Canada.
Maintained status begins when IRCC receives the application, and lasts until IRCC makes a decision on the application.
While maintained status does provide temporary residents the opportunity to continue their studies or work, it does so only so long as they remain in Canada.
Upon leaving Canada, a temporary resident will no longer benefit from maintained status.
If a temporary resident leaves Canada and seeks re-entry prior to the approval of their application, they may seek re-entry as a visitor.
They will need to show that they have financial means to support themselves, and must meet the usual requirements for entering Canada, for example being from a visa-exempt country and only requiring an electronic Travel Authorization (eTA) to enter Canada
- Having a valid temporary resident visa; or
- Being a citizen or permanent resident of the United States.
Foreign nationals do not require a visa or eTA to re-enter Canada if they have only travelled to the United States, or to Saint Pierre and Miquelon.
If a foreign national re-enters Canada as a visitor while their application is pending, they will not be legally authorized to work or study until their application has been approved.
Foreign nationals on maintained status may wish to remain in Canada while their application is being processed, so as to avoid losing their authorization to work or study.
International students
International students in Canada may work and unlimited number of hours on-campus, at any time of the year.
During regular school semesters, students are permitted to work a maximum of 24 hours a week off-campus, but may work an unlimited number of off-campus hours during scheduled academic breaks (like winter break).
During their work, students must meet all of the following conditions:
- They hold a valid study permit; and
- They are a full-time student at either:
- A public post-secondary institution, a collège d’enseignement général et professionnel (CEGEP);
- A college-level private institution in Quebec; or
- A Canadian private institution authorized to confer degrees.
Students who have co-op (work term) placements as part of their study program must apply for a co-op work permit.
Foreign representatives and their family members
Foreign representatives accredited by the GAC or who are representatives of the United Nations in Canada may work in the country without a work permit. These foreign agents must be accredited as a member of a diplomatic mission to Canada. This includes persons holding the following ranks:
- High Commissioner;
- Deputy High Commissioner;
- Ambassador;
- Chargé d’Affaires;
- Minister;
- Minister-Counsellor;
- First, Second or Third Counsellor;
- Counsellor;
- First Secretary;
- Second Secretary;
- Third Secretary;
- Attaché; and
- Assistant Attaché.
In addition, non-accredited staff of an international organization who come to Canada to attend meetings and/or specialty conferences can also be exempt from the need for a work permit.
Family members of these foreign representatives can also receive an authorization to work in Canada without a work permit, should they receive a “no objection letter” from the Protocol Department of the Department of Foreign Affairs, Trade and Development (DFATT).
Foreign government officers
Canada has reciprocal agreements with some foreign governments to facilitate the working of foreign officials for Canadian provincial or federal bodies.
Officers working below the executive level in this capacity do not require a contract, though employment arrangements longer than three months should include a formal letter of agreement between the foreign officer and their Canadian employer.
Spouses of government officers may qualify for an OWP if they have Public Service Commission contracts which are reciprocal. Fees for OWP processing may also be waived in these situations.
Military personnel
To be eligible for a work permit exemption in these cases, the foreign national would have to be:
- Military or designated civilians (not members of the military, but travelling with the military under the Visiting Forces Act (VFA)) personnel in the armed forces of a country in the North Atlantic Treaty Organization (NATO);
- In possession of military movement or travel orders; and
- Coming to Canada from countries that are designated under the terms of the VFA.
While foreign military personnel can remain in Canada and continue working for years, where requested IRCC may issue a work permit to allow the foreign national to receive federal and provincial services.
To be eligible for this work permit, the military personnel must hold
- An acceptance letter from the Department of National Defense; and
- Military movement or travel orders.
Convention organizers
Organizers of the following events may be eligible for a work permit exemption in Canada:
- Association and corporate meetings and congresses;
- Incentive meetings;
- Trade shows; and
- Exhibitions and consumer exhibitions and shows.
To qualify for this work permit exemption, the foreign national must not be entering the Canadian labour market.
If the foreign national has been hired by a Canadian company, they cannot qualify for this work permit exemption.
Event service providers are not exempt. Service providers will require a work permit to attend and work at the event. This includes
- Audio-visual service providers;
- Workers installing and dismantling event materials;
- Show decorators; and
- Exhibit builders.
Individuals attending the conference and/or meetings are considered business visitors and may also be exempt from needing a work permit.
News reporters and crews
News reporters and crews coming to Canada for the purposes of reporting on events in Canada do not require work permits.
This includes journalists working for non-Canadian news service providers in:
- Print;
- Broadcast; and
- Internet.
This exemption also applies to managerial and clerical personnel for special events that are six months or less in duration.
Media crews on promotional tours producing travelogues, documentaries, or other promotional material will require work permits, though the issuance of these work permits is often up to the discretion of the reviewing immigration officer.
Public speakers
The work permit exemption for public speakers applies both to academic speakers (such as university or college speakers) and commercial speakers or seminar leaders. If the speaker is speaking for longer than five days in Canada, they will require a work permit.
By the definition of this exemption, seminars are classified as small classes or intensive courses of study no longer than five days.
The five-day limit on presenting does not include the speaker’s time spent travelling in Canada (for example, when speaking at multiple engagements).
To qualify for this work permit exemption, the speaker cannot have been hired by a Canadian entity.
Entering Canada
Being work permit exempt does not automatically allow a foreign national to enter Canada.
The foreign national must still meet all the usual requirement for entering Canada, including being admissible, and having an eTA or visa (if applicable).
They will also have to satisfy immigration officials that they qualify for the work permit exemption.
An experienced immigration lawyer can assist in
- Advising whether you or your employee(s) qualify for a work permit exemption; and
- Drafting a letter to provide a strong case to border officials.
Consult with an experienced immigration representative
