Work in Canada Without a Work Permit
Work in Canada Without a Work Permit
If you want to work in Canada, you will most likely need a work permit. A work permit is a legal document issued by the Department of Immigration, Refugee and Citizenship of Canada. It is a document for the temporary employment of foreign nationals in Canada as employees. Working in Canada without proper authorization can have serious consequences. To obtain this permission, the employer first needs to prove that the specialist invited from abroad is really in demand in the Canadian labour market, and it is very difficult to find the same specialist among Canadians. There may be several situations where a person can work in Canada without the need for a work visa. Persons eligible to work without this permit can apply for a temporary resident visa to enter Canada temporarily. Let’s discuss the ways to work in Canada without a work visa.
The first case to work without a work visa is if you are a business visitor. A business visitor is a foreign national individual who arrives to the country to take part in international business activities but is not entering a labour market of Canada. Canada is one of the largest economies in the world, attracting thousands of short-term business visitors annually. With an international market economy and a member of the Organization for Economic Cooperation (OECD) and the Big 7 (G7), as well as signing the North American Free Trade Agreement (NAFTA), Canada is committed to providing international business people with the opportunity to travel to Canada on business trips. Depending on the nature of the work, as well as the citizenship of individuals, some businessmen may enter the country to do business or trade without a work permit. However, there are some general requirements. Business visitors must demonstrate a plan to stay for less than six months and do not plan to enter the Canadian job market as they have documents to support their application. The foreign workers may decide not to apply for a work permit if they travel to Canada to: fulfill individual repairs and maintenance, supervise installers, and test commercial or industrial equipment (including computer software). The installation does not include the practical installation usually performed by construction jobs such as electricians or pipefitters. For guarantee or service agreements, the official arrangements must be negotiated as part of the original sale or lease agreements or must rollover the original contracts for the foreign individual to be considered a business visitor. Service contracts agreed with third parties after the signing of the sales contract or lease / rental agreement are not covered by this provision. If work performed in Canada is not covered by the warranty, a work permit and a Labor Market Impact Assessment (LMIA) are usually required.
In situations where a Canadian employer has directly contracted services from a non-Canadian company, an employee of the foreign company performing services for the Canadian company requires a work permit in Canada.
The representatives of foreign countries and their family members may also work in Canada without a work visa. The only thing these people will need is to obtain a “no objection letter” issued by the Department of Foreign Affairs and International Trade (DFAIT).
Another category that does not need a work permit is military personnel. Members of the armed forces of countries that are on the Visiting Forces Act can work without a permit to study in Canada. Also, this category does not need a temporary resident visa or national medical examinations but their family members must obtain a passport, TRV and a medical report.
Besides, foreign nationals who have diplomatic status, consular appointment, or official recognition issued by the Chief of Protocol for Global Affairs Canada are allowed to work in Canada without a work permit. They must be accredited diplomats, consular officers, representatives or officials of a foreign country, the United Nations or any of its agencies, or any international organization of which Canada is a member. Depending on their job position, officers may require Canada’s Public Service Commission (PSC). Family members of foreign government workers are usually issued with an open work permit or do not need a work permit at all. International students also have the right to work without a work permit in Canada. Students are eligible to work on campus if they have a valid student visa - Student Permit.
A student has the right to work on the campus of the university or college where he or she is studying. In this case, an additional work permit is not required. He or she can work on campus either if an individual is a full-time student of a public higher education institution such as a college or university, or Collège d'Enseignement Général et Professionnel (CEGEP) in the province of Quebec, or is a student of a private higher education institution that operates under the same rules as a public institution and which receives 50% of the total income from the government for the development of education; or is a student at a provincial accredited private educational institution.
Students who study at colleges and universities in Canada based on a Student Permit are allowed to work 20 hours a week during off-campus studies and full-time during vacation periods. They do not need to apply for an additional work permit following the new rules for international students from June 1, 2014.
The artists coming to perform in Canada also may not need a work visa but depending on the details of performances, LMIA and obtaining a permit may be applied. The performing bands or groups may enter the country without a work permit if their activities take part in bars, restaurants or outdoors. Also, if the artists come to perform solely to private events (e.g. weddings, parties) or to participate in workshops, competitions or any activity where their skills are judged, a work permit is not required. Nevertheless, there are cases when a performer needs a work permit and LMIA examination. If an individual comes to Canada to perform and signs a contract with a Canadian organization or company by providing his or her services, then this is a business situation where one party employs another. Also, people who come to work in Canada-produced projects need a work permit (e.g. crew involved in film, TV program or radio production). Please note that film producers and studios users are considered as business visitors, while guests on Canadian radio stations or TV are considered as guest speakers and they can stay in the country without a work permit. If a public speaker comes to Canada to take part in seminars or conferences that are not lasting more than 5 days, there is no need for a work permit. Nonetheless, if a public speaker is commercially driven, has an interest in the engagement of the audience and signs a contract with a Canadian entity, the work permit is necessary.
Athletes and members of sports teams have similar situations as the performing artists. Amateur and professional sportsmen may come to the country to participate in competitions without a work visa. The supporting team of an athlete does not need any permits too, so coaches, grooms and others do not need LMIA examination. When it comes to judges and referees in amateur events, they have not required a work permit but if the competition is international, then they must obtain a positive LMIA and a work permit.
Journalists and media crews are allowed to come to Canada to report and broadcast from the country doing their job without a work permit. However, they have to be representative of foreign companies and cannot work for a Canadian enterprise. Unlike the case with athletes, media crews’ personnel cannot come to Canada without a work permit unless they are reporting on events with a duration of six months or less. In general, media specialists who create documentaries or other content may need to secure work permits but this decision is usually made by the Canadian Visa Officer.
Healthcare students from other countries may come to Canada to take part in seminars and practicums, the general requirements for this category are that they should not be paid, i.e. coming with studying purposes or participating voluntarily.
The representatives of religious work can work without a work permit temporarily only and must express his or her objective and provide the authentic offer of employment by a community and present the documents with his or their work history and credentials. Usually, religious workers are required to obtain a work permit but this group is also an exception to LMIA examinations.
Transport crew members, emergency service providers, incident inspectors, marines on the duty of the USA, Foreign In-Flight Security Officers, expert witnesses and inspectors can work without a work permit if they come to Canada to provide their services for a limited time. Therefore, it is quite possible to come to Canada to work without a work permit but only on a time-limited basis and in most cases an individual cannot be hired by a Canadian company or be paid a salary in the country. The cases in the article mostly relate to the people who work in foreign companies and have a chance to come to Canada for business purposes.
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