Snapshot: long-term business visas in Canada

Long-term transfers

Categories

What are the main work and business permit categories used by companies to transfer skilled staff?

Companies can use two specific programmes to transfer skilled staff – the Temporary Foreign Worker Program and the International Mobility Program.

 

Temporary Foreign Worker ProgramLabour Market Impact Assessment

The default category for an employer to hire a foreign national is the Labour Market Impact Assessment (LMIA). This category is typically only used if no LMIA-exempt categories are available. An LMIA, subject to limited exceptions, involves a lengthy recruitment campaign using highly specific advertisements across multiple media. If no willing and able Canadian is located through this search, then the employer may apply for an LMIA. A positive LMIA will demonstrate a need for a foreign worker to fill the job and that no Canadian worker or permanent resident is available to do the job. Once a positive LMIA is received, the foreign national can apply for a work permit.

 

Global Talent Stream-LMIA

The Global Talent Stream (GTS)-LMIA programme allows innovative and technology-driven companies to access highly skilled global talent in a timely and predictable manner without a specific recruitment campaign. The GTS programme enables Canadian businesses to access specialised or unique talent referred by a designated partner (Category A). It also allows businesses to hire talent in specified occupations, including many technology roles recognised to be in shortage in the local labour market (Category B).

Although advertising the position is not required, employers must submit a Labour Market Benefits Plan that demonstrates how the foreign national’s employment will have a lasting, positive impact on Canada’s labour market. Processing times are significantly reduced in comparison to the regular LMIA stream. Current processing times for LMIAs under the GTS programme are approximately three weeks. 

Similarly, Quebec employers can access foreign nationals as temporary or permanent residents by obtaining an LMIA and a Quebec Certificate of Acceptance. Proof of recruitment efforts is not required where the offered position falls within the Targeted Occupations List. If an LMIA is approved, the foreign national must submit a work permit application at either the port of entry or a visa office abroad.

 

International Mobility Program

The International Mobility Program (IMP) allows employers to hire temporary foreign workers without an LMIA. Exemptions are available through various free trade agreements and typically apply to unique work situations. If LMIA-exempt, an employer must submit an offer of employment through the Employer Portal with the application for a work permit listing the terms of employment, such as wages, occupation and work conditions. This offer of employment document is the basis for any inspection carried out under the IMP. Below are some examples of common LMIA-exempt work permits used in corporate immigration.

 

Intra-company Transfer (C12)

The Intra-company Transfer (ICT) category allows for multinational companies to temporarily transfer eligible foreign nationals internationally to their Canadian organisation in either a senior managerial or specialised knowledge worker capacity.

Certain criteria must be met to apply under the ICT category:

• there must be a qualifying relationship between the foreign national’s home employer (outside Canada) and the prospective Canadian employer (ie, affiliate, parent, subsidiary or branch in Canada), both of which must maintain continuous and active operations;
• the employee must be transferred to a position in an executive, senior managerial, or specialised knowledge capacity;
• the employee must be currently employed and have been employed continuously, by the company that is transferring them, in a similar full-time position for at least one year in the three-year period immediately preceding their initial application date;
• the foreign worker must be entering Canada for a temporary period to occupy a similar position with the Canadian entity; and
• the Canadian entity must control and direct the day-to-day activities of the foreign worker while in Canada.

 

Salaries of specialised knowledge workers must meet the prevailing wages set by Employment and Social Development Canada for the intended specialised position and Canadian work location.

The criteria outlined above apply to all intra-company transferees applying under the Immigration and Refugee Protection Regulations (IRPR); however, entry requirements may vary if applying under the intra-company provisions of an international agreement to which Canada is a party. For example, the requirement to meet a prevailing wage, also known as the ‘mandatory wage floor', does not apply to specialised knowledge intra-company transferees entering Canada under the Canada–United States–Mexico Agreement (CUSMA). However, immigration officers still consider wages in their overall assessment of a foreign worker’s specialised knowledge.

 

Specialised knowledge workers

To have specialised knowledge, any intra-company transferee application must demonstrate a high degree of both proprietary knowledge and advanced expertise. Specialised knowledge workers generally possess:

• proprietary knowledge that is related to a company's products or services;
• abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another individual in the short term;
• knowledge or expertise that is highly unusual both within the industry and within the host firm;
• proprietary knowledge that should be critical to the business of the Canadian branch and significant disruption of business would occur without the applicant’s expertise; and
• proprietary knowledge of a particular business process or methods of operation that is unusual, not widespread across the organisation and not likely to be available in the Canadian labour market.

 

Executives, senior managers and functional managers

Generally, executives and managers plan, organise, direct or control the activities of a business, or a division of a business. They are frequently responsible for implementing a business’s policies. More senior persons, either alone or with a board of directors, may also formulate policies that establish the direction to be taken by the business.

 

Significant benefit to Canada (C10)

This category allows for extraordinary foreign nationals to apply for a work permit based on their personal specifications and a proposed benefit to facilitate their request to work in Canada. The benefits should be significant and of social, cultural or economic value.

C10 applicants also generally require extensive experience, a distinguished track record of high levels of success and some form of urgency. Immigration officers have significant discretion to grant work permits under this category and will only do so where there are clear and compelling benefits to Canada.

 

Reciprocal employment: general (C20)

C20 work permits allow foreign workers to take up employment in Canada when Canadians have similar reciprocal opportunities abroad. Entry under reciprocal provisions should result in a neutral labour market impact.

There are formally recognised reciprocal programmes such as International Experience Canada. However, this provision also allows for the admission of workers in other cases where reciprocity is demonstrated by the Canadian employer (or specific programme administrator). Academic institutions may initiate exchanges as long as they are reciprocal and licensing and medical requirements (if applicable) are met.

 

Reciprocal employment: International Experience Canada (C21)

The International Experience Canada programme allows young foreign nationals (generally aged 18 to 35) who are citizens of countries with a bilateral youth mobility agreement with Canada to enter the Canadian workforce under different streams. Under the International Co-op Internship category, foreign students must have a job offer for work placement or internship in Canada that is necessary to complete their studies. The Young Professional category applies to young professionals who have a job offer in Canada classified as a NOC code skill level 0, A or B contributing to their professional development. The Working Holiday applies to young professionals who do not have a job offer, want to work for more than one employer in Canada, and want to work in more than one location. This category allows foreign nationals to receive an open work permit that authorises employment for any employer in any location in Canada, subject to limited exceptions. 

 

International free trade agreements: professional work permits (T23)

Work permits can be obtained under the provisions of various free trade agreements, as outlined above. The foreign national must be a citizen of a country that has signed a free trade agreement with Canada. The foreign national must work as a professional and meet certain eligibility criteria, such as possessing minimum educational credentials associated with a specific profession.

For example, under the provisions of CUSMA, there are various categories for temporary work including:

• professionals;
• intra-company transfers;
• traders; and
• investors.

 

Since citizens of the United States and Mexico do not require a temporary resident visa to enter Canada, applications for a CUSMA work permit may be done at a port of entry or a visa post abroad.

 

Significant benefit: emergency repair personnel or repair personnel for out-of-warranty equipment (C13)

Emergency repair personnel are required in Canada to carry out emergency repairs to industrial or commercial equipment to prevent disruption of employment, regardless of whether the equipment is under warranty. Applicants must demonstrate that they meet the requirements, such as having the proprietary or specialised knowledge required to repair equipment.

 

Student work permit: Post-Graduation Work Permit programme (C43)

International students who graduate from eligible Canadian post-secondary institutions can obtain open work permits to gain Canadian work experience through the Post-Graduation Work Permit programme (PGWP). The work permits may be issued for the length of the study programme and up to a maximum of three years. The academic programme must be for at least eight months to enable an international student to obtain a work permit. Due to the pandemic, Immigration, Refugees, and Citizenship Canada (IRCC) implemented a temporary policy that allows students to complete up to 100 per cent of their studies online from outside Canada until 31 August 2022. Time spent studying outside Canada after 31 August 2022 and time spent studying before a foreign worker applies for a study permit will not count towards the length of a PGWP. 

Work experience gained through the PGWP may help international students later qualify for permanent resident status through the Canadian Experience Class. To qualify, applicants must hold or have held a valid study permit within 180 days of the date of applying for the PGWP.

 

Mobilité Francophone (C16)

To encourage the development of Francophone minority communities in Canada and promote the social and cultural fabric of Canadian society, foreign nationals planning to work outside Quebec under National Occupation Classification (NOC) skill levels A, B or 0 may be eligible for an exemption from the LMIA if their language of daily use is French.

 

Certificat de sélection du Québec (T13)

Students or workers who intend to settle permanently in Quebec may apply for a Certificat de sélection du Québec, a document issued by the Ministère de l’immigration, de la francisation et de l’intégration.

 

Significance of NOC codes

Individuals receiving a Canadian work permit are often required to know their NOC code, which correlates with their occupation. NOC is a nationally recognised and standardised system that assigns a four-digit code and job description to every occupation in the Canadian labour market. NOC codes can be searched to find where an occupation is classified or to learn about its main duties, educational requirements or other useful information.

Procedures

What are the procedures for obtaining these permissions? At what stage can work begin?

Subject to a few exceptions, a work permit is generally needed in hand before the commencement of any work.

 

Procedures – Temporary Foreign Worker Program

Applications filed under the Temporary Foreign Worker Program are subject to a two-step process before the foreign national is eligible to begin work in Canada. The first step is to file an LMIA application to the Employment Social Development Canada (ESDC) office responsible for the worker’s geography. A case analyst will discuss the application with the employer and if satisfied, issue a positive LMIA.

The second step is filing a work permit application supported by the positive LMIA. The work permit application itself can be filed directly at any Canadian port of entry if visa-exempt or a Canadian visa office abroad if a Temporary Resident Visa is required.

 

Procedures – International Mobility Program

Applications filed under the International Mobility Program (IMP) qualify for an LMIA exemption and are filed either upon arrival at a port of entry or with a Canadian visa post abroad.

At the port of entry, the foreign national must carry appropriate documentation that demonstrates that they qualify for the exemption being requested. If the officer is not satisfied that the exemption is met, they can refuse entry or instruct the traveller to return for a further examination.

When applying through a visa office, the foreign national must submit a variety of supporting documentation to ensure that they are eligible for the LMIA exemption. If approved, the visa office will request the foreign national’s passport for visa stamping and then issue a letter of introduction, which can be presented at any Canadian port of entry for a physical copy of their work permit.

 

Short-term work permit exemptions

Introduced as part of the Global Skills Strategy in 2017, Canada offers a 15- and 30-day exemption from the requirement to obtain a work permit in certain circumstances. This exemption can be obtained at a Canadian visa office, outside Canada, if the traveller requires a visa to transit to Canada, or directly at the port of entry if the traveller is visa-exempt.

Eligibility for this exemption includes work that qualifies as a NOC A or O occupation and the foreign national must not have used the exemption previously within the restricted period. A foreign national can access the 15-day work permit exemption once every six months and can access the 30-day exemption once every 12 months. The eligibility period begins on the first day of entry and runs consecutively for 15 or 30 days, regardless of the length of stay of the foreign national.

Period of stay

What are the general maximum (and minimum) periods of stay granted under the main categories for company transfers?

For intra-company transfers, the maximum durations for which a work permit may be granted are:

• specialised knowledge workers: up to five years; and
• senior managers: up to seven years.

 

Under the intra-company transfer category, initial work permits are granted for three years and extensions may be granted for up to two years. After intra-company transferees reach the maximum allowable duration, they must complete one year of full-time employment in the company outside Canada before reapplying under this category. Time spent outside Canada for 30 days or longer can be recaptured and added to the end of the eligibility period.

Certain free trade agreement-based permits have no maximum duration and can be renewed indefinitely.

There is no minimum duration of stay required to obtain a work permit.

Processing time

How long does it typically take to process the main categories?

LMIA

LMIA processing times vary by region and stream. The table below demonstrates current processing times for the respective streams.

 

Global Talent Stream: LMIA	12 business days
Seasonal Agricultural Worker Program	19 business days
LMIA – Regular Stream	48 business days
Start-up Visa Program	31 months

 

IMP work permits

Work permit processing times depend heavily on the type of application and where it was filed. A sample list of average application review periods for work permits filed online is set out below.

 

In-Canada work permit extensions	159 days
Outside Canada – GTS work permit	10 business days (pre-covid)
Outside Canada – Non-GTS work permit	2 to 20 weeks
International Experience Canada	Up to 56 days

 

Although there are still delays due to covid-19, processing times are improving versus the same period in the previous year. Processing times continue to be subject to change without notice. 

Staff benefits

Is it necessary to obtain any benefits or facilities for staff to secure a work permit?

High-Skill Program

Under the High-Skill Program, employers are not required to provide benefits such as health insurance or living accommodations to secure a work permit. Employers are required to disclose the terms of the offer of employment in the work permit application and may be subject to a compliance inspection to ensure appropriate wages, duties and working conditions are provided to the foreign worker.

 

Low-Skill Program

Under the Low-Skill Program, employers have varying obligations that can include:

• paying for the transportation costs for the foreign workers to arrive at their work location in Canada and returning to their country of residence;
• ensuring that the foreign worker has suitable and affordable accommodation available;
• ensuring that the foreign worker is covered by private, provincial or territorial health insurance upon arriving in Canada. If health care cannot be provided, employers must pay for the equivalent private health insurance until the foreign worker is eligible for a provincial or territorial plan; and
• covering the costs of the foreign worker’s workplace safety coverage.

Assessment criteria

Do the immigration authorities follow objective criteria, or do they exercise discretion according to subjective criteria?

Immigration authorities can exercise a high level of discretion in interpreting Canadian immigration laws under the Immigration and Refugee Protection Act (IRPA) and the IRPR. The immigration minister also holds substantial discretion to issue ministerial instructions and grant citizenship or another immigration status to individuals.

Certain immigration categories have distinct requirements that must be met for a foreign worker to qualify for entry, while other categories have a mix of objective and subjective requirements.

For example, the intra-company transfer specialised knowledge category imposes a prevailing wage requirement based on the NOC code of the role and the foreign worker’s primary work location. The employer must pay at or above the stated hourly wage for that location. If this requirement is not met, the application will not succeed.

The specialised knowledge category also requires that the foreign national possess both specialised knowledge and advanced expertise. Although the IRCC provides general guidance for immigration officers in assessing specialised knowledge and advanced expertise criteria, there is still a substantial degree of discretion that rests with the adjudicating officer in reviewing the particular experience of the foreign worker, including the intended activities related to the company’s services or products.

High net worth individuals and investors

Is there a special route for high net worth individuals or investors?

Currently, Canada has no federal programme that is geared towards high net worth individuals or investors. Through the Provincial Nominee Program, each province is responsible for enabling pathways for immigrants to live and work permanently in a designated province. Each province has specific selection criteria and programme policies, and many provinces have an entrepreneur stream to recruit qualified business investors. The income and net worth requirements vary per province and can also depend on the industry in which the applicant is looking to establish their business.

The Quebec Immigrant Investor Program is currently suspended until April 2023 and may be relaunched with different application criteria next year. It normally permits applicants to submit a permanent selection application in Quebec. To be eligible, an applicant would have to accrue net assets of at least C$2 million, have two years of management experience, intend to settle in Quebec and make a five-year term investment of C$1.2 million in addition to learning about Quebec values. Applicants are also assessed on other factors, including age, education and language skills.

The Start-up Visa Program targets immigrant entrepreneurs who can support innovation and economic growth in Canada. To qualify, applicants must meet the language requirements, have a qualifying business, get a letter of support from a designated organisation and bring enough money to settle in Canada.

Is there a special route (including fast track) for high net worth individuals for a residence permission route into your jurisdiction?

Currently, Canada has no federal programme that is geared towards high net worth individuals or investors. However, the Start-Up Visa, Provincial Nominee Program and the Quebec Investor Program may provide for special routes.

Highly skilled individuals

Is there a special route for highly skilled individuals?

Canada has several programmes that cater to highly skilled foreign nationals from both a work permit perspective and a permanent residence perspective.

 

Highly skilled individuals – work permit

The GTS-LMIA facilitates quick access to both LMIA approvals and work permits to highly skilled foreign nationals who intend working in certain specified occupations. Under normal circumstances, the processing time for a GTS-LMIA is 12 business days and for a GTS work permit is also 12 days.

Highly skilled foreign nationals in managerial and professional occupations applying for an LMIA-exempt work permit at a visa post are entitled to 12 business-day processing as part of Canada’s Global Skills Strategy. These processing times may be impacted due to covid-19. 

 

Highly skilled individuals – permanent residency

The three main categories of economic applications that are filed under the Express Entry System that manages the intake of applications from highly skilled immigrants include:

• the Federal Skilled Worker Program (FSWP);
• the Federal Skilled Trades Program (FSTP); and
• the CEC.

 

FSWP

Among other requirements, applicants must demonstrate at least one year of continuous work in the past 10 years from the date of application in the same type of job that they are planning to pursue in Canada, and meet the criteria of skilled work experience in the following NOC job groups:

• managerial jobs (skill type 0);
• professional jobs (skill level A); and
• technical jobs and skilled trades (skill level B).

 

FSWP candidates may also show proof of settlement funds and will be required to submit proof of education. Also, they must satisfy a language proficiency requirement and meet a threshold of at least 67 points based on a combination of several factors such as age, adaptability, education and arranged employment.

 

FSTP

A foreign national must meet the following minimum criteria:

• have at least two years of full-time work experience in a skilled trade within the five years before applying;
• meet the required language levels;
• have a valid job offer for full-time employment for at least one year or a certificate of qualification in that skilled trade issued by a provincial or territorial body;
• demonstrate skill under one of six main groups of the NOC, including industrial trades, equipment operation, manufacturing and baking;
• plan to live outside Quebec;
• apply within a specific skilled trade identified by the IRCC; and
• sufficient funds, if not otherwise exempt.

 

CEC

A foreign national must meet the following minimum criteria:

• have at least one year of full-time (or part-time equivalent) of skilled work experience in Canada within the previous three years in NOC 0, A, or B jobs;
• the skilled work experience must not be self-employment;
• gained the work experience in Canada with proper authorisation to work and while they were not studying on a full-time basis in Canada;
• plan to live outside Quebec; and
• meet minimum language proficiency thresholds based on occupation level.

 

Once in the Express Entry pool of candidates, CEC, FSWP and FSTP candidates are not able to move through the application process for permanent resident status unless invited to apply. The IRCC holds Express Entry draws and issues invitations to apply throughout the year, based on a combination of factors such as eligibility under an economic immigration class as described above, the date that the profile was submitted into the Express Entry pool of candidates and an overall Comprehensive Ranking System score.

Ancestry and descent

Is there a special route for foreign nationals based on ancestry or descent?

There are currently no ancestry or descent categories for a permanent resident or temporary work permit. However, certain children of Canadian citizens are considered Canadian citizens by descent if the child was born outside Canada and at least one parent was either born in Canada or became a naturalised citizen before the child was born. This type of Canadian citizenship is not automatically documented by the IRCC. Parents of Canadian children born abroad can apply for their child’s Canadian citizenship certificate via a proof-of-citizenship process.

Minimum salary

Is there a minimum salary requirement for the main categories for company transfers?

In the context of intra-company transfers, employers are generally expected to meet or exceed the listed prevailing wages for certain occupations within the geographic location of their workplace. The overall salary or wage must include monetary allowances but cannot include non-cash per diems.

Resident labour market test

Is there a quota system or resident labour market test?

Currently, no quotas are limiting the number of temporary work permits that may be issued in Canada.

 

LMIA

LMIA applications, which support temporary work permits and permanent resident applications, with few exceptions, require the labour market to be tested before applying.

An LMIA approval is a confirmation letter issued by the ESDC and is required for an employer to hire a temporary foreign worker in Canada. Typically, most employers seek an LMIA-based work permit only if there is an absence of an LMIA-exempt alternative based on the onerous advertisement requirements and lengthy processing times.

 

Recruitment and advertising

Before applying for an LMIA, employers must advertise the vacant position in the Canadian job market for at least four weeks and review all applications collected at this time. Employers must show that they have posted the advertisement on the Canadian Job Bank website and at least two other recruitment methods. Employers must ensure that the job advertisement has occurred in the past three months before submitting the LMIA application. At least one of the three recruitment activities to seek qualified Canadians or permanent residents must be ongoing until a positive or negative LMIA has been issued.

Acceptable methods of recruitment for a job advertisement may include:

• general employment websites;
• local newspapers;
• participation at job fairs;
• professional recruitment agencies;
• specialised websites dedicated to specific occupational profiles; and
• other forms of media.

 

Employers are also highly encouraged (and for low-wage positions, required) to focus advertising efforts on Canadians who are underrepresented in the labour market, such as persons with disabilities or indigenous peoples.

Employers must also demonstrate that they have met the advertising requirements by providing proof of their recruitment and advertising efforts to find qualified Canadians or permanent residents for the role. They must keep records of recruitment and advertising efforts for a minimum of six years and provide results from the recruitment efforts. If, following the search, there is an absence of qualified, willing and able Canadian citizens or permanent residents to fill the role, an employer can apply for an LMIA.

 

Determining an LMIA application

Employers will be required to provide information about the position for which they want to hire a foreign worker, including the number of Canadians who applied for the position, the number of Canadians who were interviewed, and detailed explanations for why the Canadian workers considered were not hired. When analysing the offer of employment, an immigration officer will consider:

• the prevailing wage;
• working conditions;
• recruitment efforts;
• whether there is a labour shortage for the specific occupation;
• whether the foreign worker will be able to transfer unique skills or expertise to Canadians; and
• whether hiring the foreign worker will help create or retain jobs; and other criteria.

 

This criterion may also be reviewed in future inspections to determine whether an employer is compliant with immigration requirements.

 

GTS

The GTS facilitates the entry of highly skilled foreign workers by eliminating the recruitment requirement and improving processing times for a qualifying LMIA application. Employers under the GTS can access unique and specialised talent if referred by a designated partner to the ESDC (Category A), or can access in-demand occupations listed by the ESDC (Category B), such as tech occupations. The employer must also submit a labour market benefits plan, outlining specific commitments that the employer will make to benefit the Canadian labour market, such as skill development, training and job creation.

Shortage occupations

Is there a special route for shortage occupations?

Category B of the GTS recognises certain shortage occupations for expedited processing and entry, such as:

• computer and information systems managers;
• computer engineers (except software engineers and designers);
• mathematicians and statisticians;
• information systems analysts and consultants;
• database analysts and data administrators;
• software engineers and designers;
• computer programmers and interactive media developers;
• web designers and developers;
• computer network technicians;
• information systems testing technicians;
• producer, technical, creative and artistic director and project manager – visual effects and video games, subject to certain specifications; and
• digital media designers, subject to certain specifications.

 

Many provinces, through their respective provincial nominee programmes, have specified occupation categories to address regional labour shortages through which eligible applicants can generally obtain both a work permit and permanent residence. Quebec has a facilitated LMIA process that identifies in-demand occupations for fast track service.

Other eligibility requirements

Are there any other main eligibility requirements to qualify for work permission in your jurisdiction?

Each immigration category has distinct requirements that a foreign national must satisfy before obtaining work authorisation.

All foreign nationals applying to enter Canada must be found admissible before being granted entry. A person may be found inadmissible to Canada for:

• security reasons;
• human or international rights violations;
• committing a crime;
• medical reasons;
• financial reasons;
• misrepresentation;
• a previous IRPA violation; or
• having an inadmissible family member.

Foreign nationals must also continue to meet covid-19 related entry requirements. 

Third-party contractors

What is the process for third-party contractors to obtain work permission?

This question must often be answered on a case-by-case basis because of the varying relationships between parties. Generally, a foreign worker must have a work permit that authorises them to perform the work they are qualified for in a specific location. Where a third party is involved, the client hiring the third party should ensure that their contract clearly outlines all immigration-related obligations.

Determining the appropriate employer of record for immigration is the main consideration for third-party contractors.

To determine the employer of record, the following will be considered:

• who pays the salary of the foreign worker while they are in Canada;
• who has direction and control over the day-to-day activities of the foreign worker while in Canada; and
• who is the end beneficiary of the third-party contractor’s work in Canada?

 

After this assessment, the organisation that controls the balance of these factors will be held out as the employer of record for immigration purposes. If circumstances lead to more than one employer qualifying as the employer on record, preference is given to the employer with a legal business entity in Canada.

Recognition of foreign qualifications

Is an equivalency assessment or recognition of skills and qualifications required to obtain immigration permission?

For temporary foreign workers, generally, the only requirement to recognise skills or qualifications is to ensure that the relevant documentation is translated into French or English. Some professionals who are subject to licensing requirements (ie, engineers) may be required to provide proof of licensing, either in Canada or abroad.

Some permanent residence streams require sending foreign credentials to a third party to assess that the education received is valid and equal to what would have been received if they had completed the training in Canada.