When to Apply

Before Entering Canada

According to IRPR 197 of the Immigration and Refugee Protection Regulations ("IRPR"), SOR/2002-227, a foreign national may apply for a work permit at any time before entering Canada (i.e. at a Canadian Consulate abroad).

When Entering Canada

According to IRPR 198 a foreign national may also apply for a work permit when entering Canada if the foreign national is exempt from the requirement to obtain a temporary resident visa. However, this is not permitted if:

1. The foreign national requires a determination from Human Resources Skills Development Canada ("HRSDC") under IRPR 203, unless:
1. HRSDC has provided an opinion in respect of an offer of employment (other than seasonal agricultural employment or employment as a live-in caregiver to the foreign national, or
2. The foreign national is a national or permanent resident of the United States or is a resident of Greenland or St. Pierre and Miquelon;
2. The foreign national does not hold a medical certificate that they are required to hold under subsection 30(4); or
3. The foreign national is a participant in an international youth exchange program, unless they are a national or permanent resident of the United States or their application for a work permit was approved before their entry into Canada.

After Entering Canada

According to IRPR 199, a foreign national may apply for a work permit after entering Canada if they

1. Hold a work permit;
2. Are working in Canada under the authority of IRPR 186 and are not a business visitor within the meaning of IRPR 187;
3. Hold a study permit;
4. Hold a temporary resident permit that is valid for at least six months;
5. Are a family member of a person described in any of paragraphs (a) to (d);
6. Are in a situation described in IRPR 206 [a foreign national who cannot support himself/herself without working and: (i) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined, or (ii) is subject to an unenforceable removal order] or IRPR 207 [a foreign national who: (a) is a member of the live-in caregiver class, (b) is a member of the spouse or common-law partner in Canada class, (c) is a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act ("IRPA"), (d) has applied to become a permanent resident and the Minister has granted them an exemption under section 25 of the IRPA (humanitarian and compassionate considerations), or (iv) is a family member of a person described in any of paragraphs (a) to (d)];
7. Applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit;
8. Are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship -- being a country party to that Agreement -- grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or
9. Hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.

Where to Apply

If you are required to apply for a work permit before entering Canada, you will need to apply at a Canadian consulate having jurisdiction over your place of residence. However, if you are temporarily in a third country in lawful status, you may also be able to apply at the Canadian consulate having jurisdiction over that area.

Process

Where HRSDC Confirmation Required

The general procedure for seeking a work permit is to: (a) obtain a job offer in Canada, (b) obtain a job offer confirmation from HRSDC (which assesses the effect of the foreign worker on the labour market), and (c) upon obtaining a confirmation from HRSDC, apply to Citizenship and Immigration Canada ("CIC") for a work permit. In practice, this is the least desirable method for obtaining a work permit. Wherever possible, foreign workers should try to fall within one of the available exemptions from HRSDC confirmation. However, assuming that this is not possible, the following procedures should be followed.

Where no exemption applies, the immigration officer must determine (on the basis of an opinion provided by HRSDC) if the job offer is genuine and if the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada. According to IRPR 203(3), the opinion provided by HRSDC must be based on the following factors:

1. Whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;
2. Whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;
3. Whether the employment of the foreign national is likely to fill a labour shortage;
4. Whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;
5. Whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and
6. Whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

According to IRPR 203(4), where the foreign national intends to work in the Province of Quebec, the opinion provided by HRSDC must be made in concert with the equivalent labour authority of that Province.

HRSDC has issued several national labour market opinions (i.e. blanket job confirmations) for foreign workers that will apply to any foreign workers who have been offered jobs in these specific areas. Currently, national confirmation letters exist for the following work situations:

1. Canada Research Chair Positions
2. IT Workers

There was previously a national confirmation letter available for exotic/erotic Dancers. However, on December 1, 2004, Deputy Prime Minister Anne McLellan announced an end to the national confirmation letter for such workers.

Exemptions from HRSDC Confirmation

International Agreements

Authorization for this exemption appears at IRPR 204(a) [agreements between Canada and a foreign country] and IRPR 204(b) [agreements between one of more provinces and a foreign country], the most important being:

1. Professionals, traders, investors, and intracompany transferees under the North American Free Trade Agreement ("NAFTA");
2. Professionals under the General Agreement on Trade in Services ("GATS") [intracompany transferees under GATS are admitted under IRPR 205, which is discussed below];
3. Airline personnel entering pursuant to bilateral air transport agreements;
4. Foreign workers entering under the Canada-Chile Free Trade Agreement; and
5. Temporary workers entering Canada to work pursuant to a film co-production agreement.

According to IRPR 204(c), where a province has entered into a provincial nominee agreement, a person who has been nominated by the province for permanent residence and has a job offer from an employer based in that province, may be issued a work permit without a job confirmation from HRSDC. The work permit application must be accompanied by a letter from the provincial government confirming that the person has been nominated and that the nominated individual is urgently required by the provincial-based employer who has made the job offer.

Canadian Interests

According to IRPR 205(a), an exemption from HRSDC confirmation exists for a foreign national who intends to perform work that:

1. Would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;
2. Would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;
3. Is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,
1. The work is related to a research, educational or training program, or
2. Limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy; or
4. Is of a religious or charitable nature.

Significant Benefit

General Significant Benefit

According to the Immigration Manual, generally speaking officers should be reluctant to issue a work permit without an HRSDC confirmation that the foreign worker's impact on the Canadian labour market will be either neutral or positive. However, there are instances where a confirmation is not available, a specific exemption is not applicable, but the balance of practical considerations argues for the issuance of a work permit in a time frame shorter than would be necessary to obtain an HRSDC opinion. This exemption is intended to give the immigration officer flexibility to respond in these situations.

Officers will look at the social/cultural benefit of admitting persons of international renown, examining whether a person's presence in Canada is crucial to a high-profile event, and whether circumstances have created urgency to the person's entry. Where entry into the labour market is contemplated, all practical efforts to obtain an HRSDC confirmation should be made before issuing a work permit until this general exemption. Clearly, this general exemption for significant benefit will not be available in most cases.

Entrepreneurs and Self-Employed Candidates Seeking to Operate a Business

If a permanent resident applicant has met the definition of entrepreneur or self-employed and has already been approved under one of these permanent residence categories, he or she may be issued a work permit if there are compelling and urgent reasons to admit the person before permanent resident processing is completed. They must demonstrate that their admission to begin establishing or operating their business would generate significant economic, social, or cultural benefits or opportunities for Canadian citizens or permanent residents.

Where a person has applied for a work permit to operate a business or be self-employed simultaneously with an application for permanent residence, they must meet the significant benefit requirements described in IRPR 205(a) . According to the Immigration Manual, it is expected that it would be a rare applicant who could satisfy an officer that his or her entry would provide a significant benefit before his or her eligibility for permanent residence has been assessed. Similarly, where the applicant does not intend to reside permanently in Canada, it may be difficult to show significant benefit to Canada if profits and economic spin-offs generated by the enterprise do not remain in Canada.

However, special considerations apply when the applicant is being considered by a provincial government for nomination as a permanent resident. Many provinces have indicated a growing interest in having potential provincial nominees be issued work permits to undertake entrepreneurial activities prior to their actual nomination. A letter from the provincial government confirming that there would be a benefit to the province (and therefore Canada) by permitting the foreign national to carry out business activity is sufficient to establish significant benefit. Such a work permit would be issued for two years and would not be renewable. It is presumed that within that period the provincial government will decide whether to nominate the individual and the foreign national's subsequent renewal application could be supported by the fact of the nomination.

Intracompany Transferees

An exemption for intracompany transferees appears in IRPR 205(a) . This exemption provides for the transfer of an employee from the foreign to the Canadian office of an international company. It closely tracks the L-1 classification in the United States. It is also virtually identical to the intracompany transferee provisions that appear in the NAFTA and in the Canada-Chile Free Trade Agreement, which are covered by IRPR 204 .

Although this exemption was previously only available to executives and managers, it has since been modified to include specialized knowledge workers. Previously, only NAFTA and the Canada-Chile Free Trade Agreement permitted specialized knowledge workers to enter as intracompany transferees. In order to qualify, the foreign national must:

1. Be coming to Canada to work for a parent/subsidiary/affiliate/branch of an international company (i.e. the organization either is or will be doing business in Canada and the foreign country);
2. Have been continuously employed by the international company outside of Canada for at least one year within the last three years;
3. Have been employed abroad during the above period in an executive, managerial, or specialized knowledge capacity;
and
4. Be seeking admission to Canada to work for a parent/subsidiary/affiliate/branch of the same international company in a similar position as the position abroad.

The term "doing business" means regularly, systematically, and continuously providing goods and services and/or services by a parent, branch, subsidiary, or affiliate in Canada and the foreign country. It does not include the mere presence of an agent or office in Canada; a company with no employees, which exists in name only, and is established for the express purpose of facilitating the entry of intracompany transferees would not qualify. Also, associations between companies based on ownership of a small amount of stock in another company, an exchange of products and services, licensing and franchise agreements, membership on boards of directors, or the formation of consortiums or cartels do not create an affiliate relationship.

All persons included in the Senior Executive and Manager category should be in National Occupational Classification ("NOC") Group 0 applying to management occupations. Only those persons whose positions are defined as Senior Managers who plan, organize, direct and control a business should be included. This exemption is not available to persons whose positions are more accurately defined as middle managers. As a result:

1. NOC Groups 0013 to 0016 should be included;
2. NOC Groups 01 to 09 may be included depending upon the responsibility of the position and the impact on employment opportunities for Canadians.

Typically, Senior Managers:

1. Supervise and control the work of:
1. Other managers and supervisors;
2. Professional employees, or
2. Manage an essential function within the organization;
3. Have the authority to hire and fire, or recommend these or other personnel actions.

Excluded are persons who spend the majority of their time in the production of a product or the delivery of a service even though they may have some managerial responsibilities. The foreign national's responsibilities should be primarily managerial.

Specialized knowledge workers must demonstrate "specialized knowledge". This is special knowledge an individual has of a company's product or service and its application in international markets or an advanced level of knowledge or expertise in the organization's processes and procedures (product, processes, and procedures can include research, equipment, techniques, management, or other interests). This is not the same thing as a test of the labour market; it is possible to establish specialized knowledge even where there are similarly situated Canadian workers available. However, it must not be general knowledge held commonly throughout the industry. Specialized knowledge need not be proprietary or unique, but it should be uncommon.

Emergency Repair Personnel

Emergency repair personnel are persons whose admission is required in Canada to carry out emergency repairs to industrial equipment in order to prevent disruption of employment. They should be in possession of a letter, telex, or fax indicating that the nature of their work is an emergency.

Reciprocal Employment

Section 205(b) allows foreign workers to take up employment when reciprocal opportunities are provided for Canadian citizens to take up temporary employment abroad. Entry under reciprocal programs should result in a neutral labour market impact.

1. General Provisions - Although there are formally recognized reciprocal programs such as the DFAIT-administered International Youth Exchange Programs (described below), the general provision permits the admission of foreign workers in other cases where reciprocity can be demonstrated by the Canadian employer (or specific program administrator). Academic institutions may initiate exchanges as long as they are reciprocal, and licensing and medical requirements (if applicable) are met. The onus is on the institutions and/or individuals to demonstrate that reciprocity exists.
2. International Youth Exchange Programs - International youth exchange programs allow students and young workers to work temporarily in another country where they acquire new skills, gain exposure to the values of the host country, and develop a better understanding of other cultures. The programs are managed by ACEE/DFAIT, who negotiate the terms of individual agreements and determine the annual numerical limits for the admission of individuals. All foreign nationals participating in these programs, except citizens of the United States, should apply outside Canada for their work permits. Applicants must be citizens of countries with which Canada holds these reciprocal agreements and must apply at the consulate responsible for their country (i.e. Australians must apply in Sydney, Australia). Citizens of the United States may apply for their work permits at any consulate or port of entry. Inland offices may not issue an initial work permit but may extend a valid work permit provided the applicant is still within the allowable duration period.
3. Academic Exchanges - CIC recognizes that opportunities exist for Canadians to take similar positions in foreign educational institutions and therefore allows work permits in the situations described below:
1. Guest Lecturers;
2. Elementary and Secondary School Teachers; and
3. Visiting Professors.
4. Canadian World Youth Program - This is an international exchange involving young people from a number of foreign countries whose brief living and working experience in Canada provides them and their Canadian hosts with a better appreciation of different cultures. Participants normally spend between 89 and 110 days in Canada and "work" full-time for the entire period at a variety of jobs, including farm work and social/community services (i.e. institutions for the aged or handicapped). The "work" performed is strictly voluntary. Participants receive unrestricted work permits and therefore require a medical examination.
5. Cultural Agreements - Persons entering Canada to take employment under the terms of cultural agreements between Canada and the following countries: Belgium, Brazil, Germany, Italy, Japan, Mexico, France, and China.

Charitable or Religious Work

According to IRPR 205(d), persons undertaking charitable or religious work do not need a confirmation from HRSDC. This exemption applies to charitable or religious workers who are carrying out duties for a Canadian religious or charitable organization. It does not apply to religious workers who are entering to preach doctrine or minister to a congregation, as these people may be admitted without work permits pursuant to IRPR 186(l)

A non-profit organization is not necessarily a charitable one for the purpose of this exemption. A charitable organization has a mandate to relieve poverty, or benefit the community, educational, or religious institutions. The following conditions must be met:

1. The individual will not receive remuneration, other than a small stipend for living expenses;
2. The organization or institution that is sponsoring the foreign worker will not, itself, receive direct remuneration from any source on behalf of, or for, the services rendered by the foreign worker; and
3. The worker goes above and beyond normal work in the labour market, whether remunerated in some manner or not, for example:
1. Organizations that gather volunteer workers to paint or repair houses of the poor may qualify, provided that the work would not otherwise be done (i.e. if the recipients of this work are not able to hire a professional or do the work themselves).
2. L'Arche, which relies on people to live full-time in a group home with people who have developmental disabilities (workers in these homes are remunerated but they are committed to taking care of the disabled people almost on a 24-hour basis).
3. Persons who are giving their time to the community or religious organizations in a position that would not represent a real employment opportunity for Canadians or permanent residents (such work would entail a requirement to be part of, or share the beliefs of, a particular religious community in which they are working.)

Work Related to Research, Educational, or Training Program

Overview

The following programs are included under this provision:

1. Foreign students, excluding medical interns and externs and resident physicians (but not those in the field of veterinary medicine), whose intended employment forms an essential and integral part of a course of study in Canada and this employment has been certified as such by a responsible academic official of the training institution and where the employment practicum does not form more than 50% of the total program of study;
2. Special program students under the sponsorship of the Canadian International Development Agency ("CIDA") when the intended employment is part of the student's program arranged by CIDA;
3. Persons coming to Canada to work temporarily for the International Development Research Centre of Canada;
4. Persons sponsored by Atomic Energy of Canada Ltd, as distinguished scientists or post-doctoral fellows;
5. Persons sponsored by the National Research Council of Canada ("NRC") and the Natural Sciences and Engineering Research Council of Canada ("NSERC") as distinguished scientists or scholars coming to participate in research for the NRC and the NSERC; and
6. Persons coming from Commonwealth Caribbean Countries for training under the terms of the Official Development Assistance Program administered by the Canadian International Development Agency.

Foreign Students, Excluding Medical Interns and Externs and Resident Physicians

This provision applies to both publicly- and privately-funded institutions. However, it is limited to persons who hold study permits, except for the case of minors in high school who do not require study permits but who require work experience in order to graduate. The provision only applies for course requirements of Canadian institutions. A foreign student who comes to Canada for a year or a term may qualify under this exemption if the employment forms an essential and integral part of their course of study in Canada. If the employment is only a requirement of the foreign institution, this provision does not apply.

Public Policy, Competitiveness, and Economy

Authorization for this exemption appears at IRPR 205(c) . The following situations fall under this exemption:

1. Spouses or Common-Law Partners of Skilled Workers
   Spouses or common law partners of skilled workers coming to Canada as temporary foreign workers may be granted unrestricted work permits without first having a confirmed job offer. In order to qualify, the following requirements apply:
1. The principal foreign worker must be doing work that is at a level that falls within NOC Groups 0, A, or B (these skill levels include management and professional occupations and technical or skilled tradespersons); and
2. The principal foreign worker must either hold a work permit that is valid for a period of at least six month's duration or, if working under the authority of IRPR 186 without a work permit, must present evidence that they will be working for at least six months.
Spouses or common-law partners who have been nominated for permanent residence by a province will be entitled to unrestricted work permits for the duration of the provincial nominee principal applicant, irrespective of the skill level of the principal applicant's occupation.
The spouse's or common-law partner's work permit may be issued for a period that ends no later than the work permit of the principal foreign worker, or for the duration of employment of the principal worker. The spouse or common-law partner may be issued an "open" permit (i.e. not job-specific).
2. Spouses or Common Law Partners of Foreign Students
Spouses or common-law partners of certain foreign students are allowed to accept employment in the general labour market without the need for HRSDC confirmation. This exemption is intended for spouses who are not themselves full-time students. These provisions apply only to students engaged in full-time studies at a university, community college, CEGEP, publicly-funded trade/technical school, or at a private institution authorized by provincial statute to confer degrees. Applicants must provide evidence that they are:
1. The spouse or common-law partner of a holder of a study permit who is attending (on a full-time basis) a post-secondary institution, which is also a publicly-funded degree or diploma granting institution; or
2. The spouse or common-law partner of a person who has a valid work permit to work at a job related to their course of study, after graduation.
Spouses or common-law partners are eligible for open or open/restricted work permits, depending upon whether they have passed a medical examination. There is no need for an offer of employment. Work permits may be issued for the validity date to coincide with the spouse's study permit, or the period of time the spouse is entitled to work after graduation.
3. Post-Graduate Employment
The Post-Graduation Work Permit Program ("PGWPP") allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work experience. Students may accept employment related to their education for a maximum of three years, with no geographical restrictions, following successful completion of their studies, without the need for an LMO.
If the program of study is two years or more, the student would be eligible for a three year work permit. However, if the program of study is less than two years but at least eight months, the student would be eligible for a work permit lasting for a period equal to the duration of their studies. The validity period of the work permit must not be longer than this period.
The general requirements of the PGWPP are as follows:
1. The student must have studied full-time at a Canadian university, community college, CEGEP (a post-secondary institution in the Province of Quebec), publicly-funded trade/technical school, or at a private institution authorized by provincial/territorial statute to confer degrees (but only if the applicant received the credential in a program of study leading to a degree as authorized by the province and not in all programs of study offered by the private institution).
2. Studies must have taken place at a Canadian institution in Canada. Distance learning from outside or inside Canada does not qualify a student for this program.
3. The student must have completed and passed a full-time course of study or program lasting at least eight months. Whether they received a "degree," "diploma" or "certificate" is not an issue.
4. The work permit application should include evidence that the student has completed the program or course of study. This may include a final transcript, letter from the institution or the formal notification of graduation.
5. The application must be submitted within 90 days of formal written notification by the institution that they have met the requirements of the course of study or program. Students who have evidence of program completion may apply for the work permit before the formal notification. Calculation of the 90 days begins the day when the student's final marks are issued or when formal written notification of program completion is received, whichever comes first.
6. The student must still be in possession of a valid study permit at the time of application.
4. Post-Doctoral Fellows
Post-doctoral fellows hold a Doctorate degree (Ph.D.) or its equivalent. They would be appointed for a time-limited position granting a stipend or a salary to compensate for periods of teaching, advanced study and/or research. It is work designed to obtain the highest expertise possible in a particular discipline and candidates are chosen on the basis of academic excellence.
The foreign national must have completed his or her Doctorate and be working in a related field to that in which they earned their Ph.D. to be exempt from HRSDC confirmation. The foreign national must have graduated but there is no restriction regarding the date of graduation.
Physicians conducting post-graduate research, and who have no patient contact, may be included in this exemption. Also eligible are holders of academic research awards involving work and remuneration by Canadian institutions where the award is granted strictly on the basis of academic excellence. The candidate must be the direct recipient of the award (i.e. the candidate must have a significant role to play or value to add) and not just be a member of a research team.
Holders of academic research awards of a foreign country and invited by Canadian institutions to conduct their activities in Canada, but who are supported by their own country, are also eligible. Note: Persons who are doing self-funded research may meet the definition of business visitor and thus be eligible to perform such activities without a work permit. There should be no displacement of Canadian or permanent resident workers, nor should there be any employer-employee relationship. In addition, the individual or Canadian institution must not receive remuneration for the research.
5. Off-Campus Employment
In order to enhance Canada's competitiveness in attracting foreign students, the Off-Campus Work Permit Program ("OCWPP") was established. The OCWPP allows foreign students to apply for a work permit to work off-campus without an LMO. This program is available in provinces that have signed a Memorandum of Understanding with CIC. Students need not have an offer of employment at the time of the application, nor does the work performed need to be related to the field of study.
Students are eligible under the OCWPP if they:
1. Have been a full-time student for at least one year (i.e. two consecutive terms) at a participating post-secondary institution and are currently enrolled in full-time studies at this institution (ESL/FSL studies are not eligible);
2. Possess a valid study permit;
3. Receive a verification form from a participating public post-secondary institution;
4. Maintain acceptable academic standing and continue to make satisfactory progress in their specific program of study;
5. Continue to fulfil the terms and conditions of their study permit and their work permit throughout the course of their studies in Canada; and
6. Sign a consent form authorizing the exchange of personal information between the institution where they are registered full-time, the participating province, and CIC.
Off-campus work permits are valid for the same period as the study permit. A study permit is usually issued for the duration of study, plus 90 days. Therefore, the work permit will also be valid for duration of study plus 90 days.
Self-Support
Section 206 allows persons who are in Canada in order to seek status as a refugee or protected person to seek work permits. A work permit may be issued to a foreign national in Canada who cannot support themselves without working, if the foreign national:
1. Has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or
2. Is subject to an unenforceable removal order
They must demonstrate that they cannot otherwise support themselves, but are otherwise eligible for work permits. The onus is on the foreign national to prove that he or she is unable to subsist without public assistance. Officers may consider this particular criterion to have been met if there is any likelihood that the claimant might require public assistance.
The phrase "unenforceable removal order" includes the following:
1. Persons who have been issued a removal order that is not in force or that has been stayed; and
2. Persons whose removal orders cannot be enforced as soon as reasonably practicable because they are persons to whom notification to apply for Pre-Removal Risk Assessment ("PRRA") under IRPR 160 (application for protection from removal).
With the exception of persons who are not entitled to apply for protection from removal [described in IRPR 112(a)], this includes persons who have demonstrated full and timely cooperation, but the department has been unable to enforce their removal for reasons beyond the control of the Applicant (i.e. difficulty in obtaining a passport from the government of the foreign national).
Refugee claimants are given medical instructions upon making their claim. A work permit may not be issued until the officer has received the results of the medical exam of the claimant. Open work permits may be issued for a period of 18 months from the date of the applicant's claim was forwarded to the Immigration Review Board ("IRB"). Subsequent renewals may be for periods of 12 months or less, depending upon the circumstances of the applicant.
Applicants in Canada
According to IRPR 207, a work permit may be issued to a foreign national in Canada who:
1. Is a member of the live-in caregiver class who have met the requirements for permanent residence outlined in IRPR 113 ;
2. Is a member of the spouse or common-law partner in Canada class, who have satisfied the officer that they meet the requirements of IRPR 124 ;
3. Is a protected person within the meaning of subsection 95(2) of the IRPA [a person granted refugee protection - convention refugees, PRRA applicants, etc.];
4. Has applied to become a permanent resident and the Minister has granted them an exemption under section 25 [persons for whom eligibility or admissibility requirements have been waived on humanitarian and compassionate grounds]; or
5. Is a family member of a person described in any of paragraphs (a) to (d).
Humanitarian Reasons
According to IRPR 208, a work permit may be issued to a foreign national in Canada who cannot support himself or herself without working, if the foreign national:
1. Holds a study permit and has become temporarily destitute through circumstances beyond his or her control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study; or
2. Holds a temporary resident permit that is valid for at least six months.
Each case submitted by destitute students should be considered on its own merit. Some cases will be self-evident such as cases of war, upheaval in the home country, collapse of the banking system, etc. while others will require further explanation by the applicant, usually at an interview by an immigration officer. An open permit may be issued to coincide with the duration of the current term of study, not for the duration of the entire program nor for the duration of the study permit.
With regard to temporary resident permit holders, if the temporary resident permit holder will be in Canada for six months or longer, and has no other means of support (meaning no family support or other means of meeting his or her needs), they may be issued a work permit. In the case of temporary resident permit holders who were refused AFL, and who are waiting to become eligible for permanent residence, officers need not be too rigorous in determining whether applicants need to work because they have no other means of support. The integration of future permanent residents will be assisted by allowing them to work. An open work permit may be issued that coincides with the validity period of the temporary resident permit.