Applying to change conditions or extend your stay in Canada — Worker (IMM 5553)

Working in Canada

What is work?

Work is an activity for which wages or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian Labour Market.

What is a work permit?

A written authorization to work in Canada issued by an officer to a person who is not a Canadian citizen or a permanent resident of Canada. It is required whether or not the employer is in Canada. Usually, it is valid only for a specified job and length of time. A work permit may be issued based on labour market opinion (HRSDC confirmation) or may be issued on the basis of other requirements.

What is a Human Resources and Social Development Canada (HRSDC) confirmation?

An HRSDC confirmation may be required for a work permit to be issued.

An HRSDC confirmation is the opinion provided by Human Resources and Social Development Canada (HRSDC) to the officer which enables them to determine whether the employment of the foreign worker is likely to have a positive or negative impact on the labour market in Canada. An HRSDC confirmation may be required in order for a work permit to be issued.

The HRSDC confirmation process is started by the prospective employer who contacts HRSDC to get a job offer form. When the form is completed and submitted, HRSDC considers several factors, including the availability of Canadians and the offered wages as well as the benefit the foreign worker would bring. HRSDC then provides advice to the officer.

The HRSDC confirmation is typically given for a specific period of time, and the work permit will be issued to coincide with this period. Renewal of a work permit beyond the specified period will therefore likely require a new opinion from HRSDC.

Who may apply for a work permit from within Canada?

Important: The ability to apply in Canada does not guarantee acceptance. Eligibility criteria for the category of work permit must be met.

The following persons may apply for a work permit from within Canada:

• Holders of work or study permits and their family members;
  Note: Spouses or common-law partners of highly skilled temporary foreign workers, may themselves be authorized to work without first having a confirmed job offer by Human Resources and Social Development Canada (HRSDC confirmation). In the case of workers destined for Quebec, without having to obtain a CAQ from the Ministère de l’Immigration et des communautés culturelles (MICC). The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels O, A or B in order for them to qualify for a work permit. These skill levels include management and professional occupations and technical or skilled tradespersons. For further information on the program and a list of the skill levels in the NOC, refer to our website.
• Successful graduates from a program at a Canadian university, community, college, CÉGEP, or publicly funded trade/technical school (or from a Canadian private institution authorized by provincial statute to confer degrees) who wish to work for a maximum of one or two years in employment related to their course of study. The maximum length will depend on the length and location of their studies, and the location of their employer. Graduates must submit an application for a work permit within 90 days of the issuance of your final marks. Their study permit must be valid upon submission of their application for a work permit. For further details refer to the Foreign Workers Manual (see post-graduation employment) located on our Web site or contact the Call Centre;
• Persons who don’t require a work permit who are applying for secondary employment in Canada, who have been working for at least three consecutive months in Canada and are not business visitors. Family members of these persons may apply before three months have passed if they satisfy an officer that the principal worker will work for at least three months;
• Holders of temporary resident permits (TRPs) valid for a minimum of 6 months and their family members;
• Refugee claimants and persons subject to an unenforceable removal order;
• In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent resident (PR) status: live-in-caregiver, spouse or common-law partner, protected persons, and humanitarian and compassionate considerations (H&C);
• Persons whose work permits were authorized by a visa office abroad, where the permit was not issued at a port of entry;
• Mexican citizens who have been admitted to Canada as visitors may apply for a work permit under any North American Free Trade Agreement (NAFTA) category. U.S. citizens admitted as visitors may apply in Canada under the Professional or Intra-company Transferee NAFTA categories only. These provisions are in accordance with reciprocal arrangements.

What information/documentation do I require?

In addition to the requirements for all temporary residents, you must provide:

• Your job offer letter or contract from your prospective employer, and the file number provided by Human Resources and Social Development Canada (HRSDC) to locate the HRSDC confirmation (your employer should be able to provide you with this file identifier);
• evidence that you meet the requirements of the job, possibly including specific educational requirements;
• a copy of the Certificat d’acceptation du Québec (CAQ) issued by the Ministère de l’Immigration et des communautés culturelles (MICC) if you work in Québec or will be working in Québec. If you do not need an HRSDC confirmation you will usually not need a CAQ;
• If you are a live-in caregiver, you will require an employment contract between you and your employer in order to renew your work permit. If you are a live-in caregiver and you wish to change your employer, you must sign an employment contract with your new employer and submit a copy with your application for renewal of your work permit. Your employer must send you a copy of the contract to be included with your application for renewal. An employment contract should provide a detailed job description and indicate the working conditions, wages, etc., which must all conform to provincial labour standards;
• If you are a refugee claimant you will need to prove that you cannot support yourself without recourse to social assistance (welfare). For example, if you are currently receiving social assistance, attach a letter from the provincial social services department indicating you are receiving money or attach a cheque stub if it indicates clearly that is was issued by the provincial social services department.

Are there any conditions on my work permit?

An officer may impose, vary or cancel conditions when issuing a work permit. These may include one or more of the following:

• the type of employment in which you may work;
• the employer for whom you may work;
• where you may work;
• how long you may continue to work.

When is a medical examination required?

If you are requesting a work permit to allow you to work in the field of health services or with children, you must complete and pass an immigration medical before you submit your application for a work permit. Examples of occupations in health services include hospital staff, clinical laboratory workers, patient attendants in nursing and geriatric homes, and medical students admitted to attend Canadian universities.

If you want to work in agricultural occupations, a medical examination will be needed if you have visited more than six months or resided for six months, in a designated country. A list of designated countries can be obtained on our website.

For a complete list of occupations requiring immigration medical examinations, refer to our website.

You must make your appointment with a Designated Medical Practitioner (DMP). Visit our website for the list of DMPs or contact the Call Centre Agent to find the DMP nearest to you.

Note: After you have your medical examination it may take up to four weeks for the DMP to provide Citizenship and Immigration with your results. Therefore, you should allow a month to pass before submitting your application to ensure your results have been received. Medical exams should be done at least two months before the current expiry of your permit and intended future employment, to avoid processing delays and/or the return or refusal of your application due to incomplete information.

You must submit proof that you underwent a medical examination (copy of fees paid receipt) with your application. Failure to do so may result in processing delays or your application being returned or refused.

A medical examination and assessment will require some time and may add over three months to the processing of your application, if not submitted up front. The officer’s decision is based on the type of job you will have and where you lived in the past year.

About the medical examination

The examination includes a chest x-ray and radiologist’s report for everyone aged 11 years and over.

Bring the following items with you when you go for your examination:

• passports for yourself and your dependent children, plus a photocopy of the bio-data page of each passport (this is the page that shows your birth date, country of origin, etc.);
• immigration client identification numbers, if known;
• eye glasses or contact lenses, if you or your dependent children wear them;
• previous medical reports, if any; and
• four recent photos for yourself and your dependent children.

Tell the doctor about all past and present medical problems and conditions and provide any available documentation, such as physician’s reports, treatment or prescriptions.

The doctor is responsible only for conducting the medical examination; he or she cannot answer questions or provide advice about the immigration process. The doctor cannot provide you with the results of the medical examination; however, he or she will tell you if you have a health-related problem.

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