Work Without a Permit
There are many occupations where a Work Permit is not required. The below listing of occupations do not require a Work Permit;
- Athletes and Team Members
- Aviation Accident or incident inspectors
- Business Visitor
- Clergy
- Convention Organizers
- Crew
- Emergency Service Providers
- Examiners and Evaluators
- Expert Witnesses or Investigators
- Foreign Government Officers
- Foreign Representatives and Family Members of Foreign Representatives
- Health Care Students
- Implied Status
- Judges, Referees and similar officials
- Military Personnel
- News Reporters and Media Crew
- On Campus Employment and Some Off Campus Work
- Performing Artists
- Public Speakers
Business Visitors
This category provides entry for those who engage in business or trade activities in Canada and who will not enter into the Canadian Labour Market. There are many subdivisions under this category however all Business Visitors must meet the below general criteria;
Business visitors may fall into the following Sub categories;
- There must be no intent to enter the Canadian labour market
- The workers activities in Canada must be international in nature meaning that some sort of cross boarder activity will ensue
- For Business Visitors in Canada working for a foreign employer, the below criteria are assumed;
- The primary source of the worker's compensation is from outside of Canada
- The Principal place of employment is located outside of Canada
- The employers profits are accrued outside of Canada
Business visitors may fall into the following Sub categories;
Business Visitors - After Sales Service
These Service providers may enter into Canada to repair, supervise, service, supervise installers, and set up and test commercial or industrial equipment. These services to be provided must be indicated in the contract of the sale for the equipment in Canada.
Business Visitors - Board of Director Meetings
Members of board of directors who must enter Canada to attend a meeting are eligible to do so as a business visitor.
Business Visitors - Employees of Short Term Temporary Residents
This includes those that are employed in a personal capacity and on a full time basis by Temporary Residents in Canada may be considered Business Visitors. Some examples may include the following; Personal Assistants, Chef's, Live In Care Givers and other domestic servants.
Business Visitors - Employees of Foreign Companies Contracting Canadian Companies
Where Foreign companies contract Canadian companies to provide services in Canada. The foreign company may want to send one or more employees to Canada to monitor that the work is being carried out in such a way that is acceptable to the foreign company.
If an employee of a foreign company is sent to Canada for this reason then they may be considered a Business Visitor as long as they meet the below criteria;
If an employee of a foreign company is sent to Canada for this reason then they may be considered a Business Visitor as long as they meet the below 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 employees efforts
- The foreign company's principal place of business remains outside of Canada
Military Personnel
Military and civilian personnel in Canada under the Visiting Forces Act are permitted to work and study in Canada without permits. The families of Military and civilian personnel are also allowed to work and study without permits. Military Personnel are exempt from requirements for a passport, from a Temporary Resident Visa, and from foreign national medical exams however civilians and family members are still required to obtain these documents.
In Flight Security Officers (IFSO'S)
In flight security officers who are designated by foreign governments to enforce safety on foreign aircrafts are allowed to work in Canada without a permit as long as their job duties do not extend beyond providing security onboard a foreign aircraft. IFSO's from countries that require a Temporary Resident Visa (TRV) to enter Canada must secure this in order to perform their job duties in Canadian airspace.
On Campus Employment
A student is able to work on campus at their institution os study if they meet one of the following criteria;
- They must hold a valid study permit; AND
- They must be a full time student at one of the following types of schools;
- A public post secondary institution such as College or University
- A College level private institution in Quebec
- A Canadian private institution authorized to confer degrees
- Be recommend by their academic department
- Perform work as directed by a department head or faculty member; AND
- The work must take place in a research institute or program in an affiliate hospital or other research location.
Performing Artists
Foreign Performing Artists may work in Canada without a Work Permit, however some types of performers do require a Labour Market Impact Assessment LMIA and Work Permit. Those that do not require a Work Permit include the below
In addition to those indicated above, certain performers may work in Canada without a Work Permit under different sub categories and these include the below;
Guest artists who have been invited to perform with a Canadian group fall under this category as long as their invitation is for a limited time. This time limit is usually not to exceed 2 weeks however this can be flexible pending special circumstances. In order to work without a Work Permit, a performing artist should not engage into an employment contract in Canada. They should not be the long term employee of a Canadian organization, individual or establishment.
- Bands performing at bars, pubs and restaurants
- Foreign based musical and theatrical individuals and groups and their essential crew working outside of bars and restaurants
- Street performers such as the Buskers and DJ's working outside of a bar or restaurant
- A foreign or traveling circus
- Guest Artists that are not employed with a Canadian performance group
- Those performing at a private event such as a wedding
- Artists attending or working at a showcase, workshop; which may include competing, judging or demonstrating their skill
- Wrestlers from the WWE and similar groups
In addition to those indicated above, certain performers may work in Canada without a Work Permit under different sub categories and these include the below;
- Film Producers - Business Visitors
- Film and Recording Studio Users - Business Visitors
- Individuals doing guest appearances on Canadian TV and radio broadcasts including guest speakers
Guest artists who have been invited to perform with a Canadian group fall under this category as long as their invitation is for a limited time. This time limit is usually not to exceed 2 weeks however this can be flexible pending special circumstances. In order to work without a Work Permit, a performing artist should not engage into an employment contract in Canada. They should not be the long term employee of a Canadian organization, individual or establishment.
Athletes and Team Members
Professional or amateur athletes may travel to Canada to participate in sports activities or events in Canada individually or as a team. Foreign coaches and trainers of foreign athletes as well as other members essential to the players may also travel to Canada.
Some examples of individuals who may be eligible under this exemption include the following;
Some examples of individuals who may be eligible under this exemption include the following;
- Amateur players on Canadian teams
- Foreign pet owners entering their pets into shows
- Jockey's racing horses from foreign based stables
- Race car drivers
- Individuals attending professional team try outs
- Foreign team members participating in a competition in Canada
- Full or part time coaches and trainers
News Reporters and Media Crew
News reporters and their crews who come to Canada to report on events in the country can do so without a Work Permit. These may include journalists as long as the company they work for is not a Canadian based company. This however does not include managerial or clerical personnel unless these support workers are covering special events that will last for 6 months or less.
Public Speakers
Guest speakers at events, commercial speakers and seminar leaders may present in Canada without needing a Work Permit. Commercial speakers will need to have a vested interest in the event in which they are speaking. This usually involves renting commercial space, advertising for the event and charging admissions for the event. Commercial speakers who are hired by a Canadian must secure a Labour Market Impact Assessment LMIA and Work Permit.
Convention Organizers
These are individuals that come to Canada to organize a convention or conference, as well as the administrative support staff of the organization. These events may consist of trade shows, corporate meetings and hands on service providers such as audio visual professionals. These are not included in this category.
Clergy
An individual who preaches, oversees religious services or provides spiritual counselling as a profession may work without a Work Permit . These individuals may be ordained ministers, laypeople, or members of a religious order. It not mandatory thatches worker share the beliefs of the specific religious affiliation that they will work at, however the primary duties of the worker should reflect a particular religious objective. Those seeking entry to Canada under this exemption should be prepared to provide documentation attesting to;
- The genuineness of the offer of employment and
- Their ability to minister to a congregation
Examiners and Evaluators
Foreign professors and researchers may need to enter into Canada to evaluate theses and projects completed by their students. In this situation they may do so without a Work Permit.
Expert Witnesses or Investigators
Experts who need to enter into Canada to complete surveys or analysis 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 a Work Permit.
Health Care Students
Foreign Health Care Students studying at foreign institutions may take part in clinical or short term practicums in Canada without the need for a Work Permit. Students may be studying in fields such as medicine, nursing, medical technology and occupational and physical therapy. These practicums should be unpaid and last no longer than 4 months. Foreign Health Care Students who will be paid for their work or who will spend more than 4 months in Canada will require a Work Permit.
Emergency Service Providers
Workers who will enter into Canada to provide emergency services in times of emergency can do so without a Work Permit. The purpose of their work should be preserving life and property in times of natural disasters or commercial accidents. Canada has entered into an agreement with the United States to facilitate the movement of emergency aid workers across the boarder and between the two countries.
Implied Status
This means that individuals may continue working under the conditions of an expired work permit without an interim work permit provided that they have applied for a new Work Permit before the original Work Permit expired. While waiting for a response on their application they must remain in Canada to ensure implied status. Once a decision has been made, the applicant may either continue working under the conditions of their new permit or they must leave Canada.