Foreign Employees Work In Canada Without a Work Permit

Canada welcomes many thousands of temporary foreign workers annually. A variety of situations may occur when a private can perform add Canada without having to secure short-lived working papers. Foreign workers tend to wish for Canadian work permits, but there are exceptions. a private who is eligible to figure without a work permit should require a short-lived Resident Visa to enter Canada on a short-lived basis.

The following scenarios are identified as instances where foreign nationals may perform add Canada without a work permit:

  1. Business Visitors

This broad category facilitates entry for people who engage in business or trade activities in Canada but won’t enter the Canadian market. There are a variety of subdivisions under this category, but all business visitors must meet the subsequent general criteria:

  • There must be no intent to enter the Canadian market (there is going to be no gainful employment within the country);
  • The worker’s activity in Canada must be international in scope (it is assumed that a business visitor will engage in cross-border activity of some sort);
  • For business visitors in Canada working for a far-off employer, the subsequent criteria are assumed:

The primary source of the worker’s compensation is outside of Canada

The principal place of employment is found outside of Canada

The employer’s profits are accrued outside of Canada

When traveling to Canada, business visitors should be prepared to present immigration officials with documentation that attests to their desired status in Canada. This documentation will vary on a case-by-case basis. Often, items like a letter of support from a parent company or a letter of invitation from a Canadian company can help to bolster one’s likelihood of acceptance as a business visitor.

Business visitors may fall under the subsequent sub-categories:

  1. After Sales Service

After-sales service providers may come to Canada to repair, service, supervise installers, and find out and test commercial or industrial equipment. Such services must be detailed within the contract of sale for the equipment in Canada. Individuals coming to Canada to coach prospective users or service staff within the operation of specialized equipment can also fall into this category.

  1. Board of Directors Meetings

Members of a board of directors who must enter Canada to attend a gathering are eligible to try to do so as business visitors. 

iii. Employees of Short-Term Temporary Residents

Individuals who are employed in a personal capacity, on a full-time basis, by temporary residents in Canada could also be considered business visitors. An example of professions that will be eligible under this category includes domestic servants, personal assistants, or live-in caregivers. 

If the short-term temporary resident, and subsequently their employee(s), extends their stay past 6 months, a Labour Market Impact Assessment and working papers may have to be secured for the employee(s).

  1. Employees of Foreign Companies Contracting Canadian Companies

Situations arise during which foreign companies contract Canadian companies to supply services in Canada. In such a situation, the foreign company might need to send one or more employees to Canada to make sure that the work is being administered in a way that pleases the foreign company.

If an employee of a far-off company is shipped to Canada for this purpose, they’ll be considered a business visitor provided they fulfill the subsequent criteria:

  • They remain an employee of the foreign company;
  • They remain on the payroll of the foreign company;
  • The foreign company remains the beneficiary of the employee’s efforts; and
  • The foreign company’s principal place of business remains outside of Canada.

Business visitors during this category may remain in Canada for up to 2 years. 

  1. Foreign Representatives and their relations

Foreign representatives, also as their staff and relations, may go to Canada without a work permit. Foreign representatives should be accredited by the Department of Foreign Affairs and International Trade (DFAIT). 

Diplomatic representatives to United Nations offices in Canada also are covered by this exception. Family members of foreign representatives must receive a ‘no objection letter’ from the Protocol Department of DFAIT to figure without a work permit. 

  1. Military Personnel

Military and civilian personnel in Canada under the auspices of the Visiting Forces Act may go and study without permits. The families of those individuals also are covered by these exemptions.

  1. In-Flight Security Officers (IFSOs)

Foreign IFSOs are designated by foreign governments to enforce safety on foreign aircraft. Because they’re designated by a far-off government, they’ll add Canada without a piece permit as long as their duties don’t extend beyond providing security onboard a far-off aircraft.IFSOs from countries that need a short-lived Resident Visa (TRV) to enter Canada must secure this visa to perform their duties in Canadian airspace. 

  1. Performing Artists

Many foreign performing artists may go to Canada without a piece permit. However, some sorts of performers/performances require a Labour Market Impact Assessment (LMIA) and working papers.

  1. Athletes and Team Members

Professional or amateur athletes may visit Canada to participate in sports activities or events in Canada either individually or as a part of a team. Likewise, foreign coaches and trainers of foreign athletes, as well as other essential team members, may visit Canada to participate in events.

Immigration, Refugees, and Citizenship Canada (IRCC) give the subsequent samples of individuals who could also be eligible under this exemption:

  • Amateur players on Canadian teams
  • Foreign pet owners entering their animals during a show
  • Jockeys racing horses from foreign-based stables
  • Race car drivers
  • Individuals attending professional team tryouts
  • Foreign team members participating during a competition in Canada
  • Grooms or team support members
  • Full or part-time coaches and trainers

The spouses of professional athletes are eligible for a Labour Market Impact Assessment-exempt working papers for his or her time in Canada. 

  1. News Reporters, Media Crews

News reporters and their crews who come to Canada to report on events within the country may do so without a piece permit. These can include journalists, provided the corporation they work for isn’t Canadian. However, this doesn’t include managerial or clerical personnel unless these individuals are covering special events that will last for 6 months or less.

Generally speaking, media crews who come to Canada to supply travelogs, documentaries, etc are required to secure work permits. However, such decisions are left to the discretion of the Canadian Visa Officer reviewing their application. 

  1. Public Speakers

Guest speakers at events, commercial speakers, and seminar leaders can present in Canada without having a piece permit. For the needs of this exemption, ‘seminar’ is defined as a little class or intensive course of study not more than five days.

Commercial speakers in this category will have a vested interest in the event during which they’re speaking. Usually, this suggests that they’re going to rent a billboard space, advertise for the event, charge admission, etc. Commercial speakers who are hired by a Canadian entity must secure a Labour Market Impact Assessment (LMIA) and working papers for his or her time in Canada. 

  1. Clergy

An individual who preaches, oversees religious services, or provides spiritual counseling as a profession may go to Canada without a work permit. Individuals could also be ordained ministers, laypeople, or members of a spiritual order.

The temp doesn’t need to be a part of or share the beliefs of the actual religious community where they’re going to work. The first duties of the temp should reflect a specific religious objective, like providing religious instruction or promoting a specific faith.

Individuals seeking entry to Canada under this exemption should provide documentation attesting to the following:

  • The genuineness of the offer of employment; and
  • Their ability to minister to a congregation (credentials, past employment, etc)
  • Persons who are going to be conducting charitable or religious activities in Canada require a work permit; however, that is exempt from the Labour Market Impact Assessment (LMIA) process. 
  1. Examiners and Evaluators

Foreign professors and researchers may have to enter Canada to gauge theses and projects conducted by their students. during this case, they’ll do so without obtaining a piece permit. 

Expert Witnesses or Investigators

Experts who must enter Canada to conduct surveys or analyses which will be used as evidence, or who will testify as expert witnesses before a regulatory body or court of law, may do so without requiring a work permit. 

  1. Health Care Students

Foreign healthcare students studying at foreign institutions may participate in clinical clerkships or short-term practicums in Canada without obtaining work permits. Students could also be studying in fields like medicine, nursing, medical technology, and occupational and physiotherapy. 

Such practicums should be unpaid and last not quite four months. Foreign healthcare students who are going to be remunerated for his or her work, or who will spend quite four months in Canada, would require a work permit.

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