Frequently asked questions: Working temporarily in Canada

Work permits

How do I find out about jobs in Canada?

You can find out about jobs in Canada through the link to Labour market information and job banks in the Related Links section at the bottom of this page.

How do I get a copy of a lost work permit?

If you lose any immigration document issued by the Government of Canada, you can get it replaced. To do that, you must apply for a certified true copy, correction or replacement of the document.

The form you need can be found under the Related Links section at the bottom of this page.

There is a fee for replacing immigration documents that have been lost, stolen or destroyed.

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What is a Human Resources and Skills Development Canada confirmation?

The confirmation is a letter from Human Resources and Skills Development Canada (HRSDC) to your employer stating that having a foreign worker do the job you are going to do will not have a negative impact on the labour market in Canada. The HRSDC confirmation is also called a positive labour market opinion.

Your employer has to apply to get an HRSDC confirmation. HRSDC looks at several factors, including the availability of Canadians, wages and the economic benefit you as a foreign worker might bring to Canada. Once HRSDC has formed an opinion, it then provides advice to Citizenship and Immigration Canada.

The HRSDC confirmation is usually given for a specific period of time. The work permit will be issued for the same period. To extend your work permit beyond the specified period, your employer will usually have to get a new confirmation from HRSDC.

What if my work permit application was refused but the labour market opinion was changed afterward?

If Human Resources and Skills Development Canada changes the conditions of an opinion after your work permit application has been refused, you must submit a new work permit application and pay the fees again.

Are there any conditions on my work permit?

Your work permit may include the following conditions:

  • the type of work you can do
  • the employer you can work for
  • where you can work and
  • how long you can work.

Regulation 185 of Immigration and Refugee Protection Regulations has a complete list of conditions that may be put on your work permit.

Can my spouse or common-law partner and dependent children come with me to Canada?

Your spouse or common-law partner and children can come with you to Canada or visit you in Canada, but they must meet all the requirements for temporary residents to Canada: they must satisfy an officer that they will only stay in Canada temporarily, and they may have to prove that they have no criminal record. If your spouse or common-law partner and children need temporary resident visas, they must also meet all the conditions for obtaining those visas.

All applicants must complete and sign their own individual form, including persons travelling as a family.  Applicants who are under the age of 18 must have their form signed by a parent or guardian.

If your spouse or common-law partner and children all apply separately, they must each fill out an application form.

If your family members want to follow you to Canada later, they must each fill out a separate application form.

Important: You may have to provide a marriage certificate and birth certificates for any accompanying family members. If you are in a common-law relationship and your common-law partner will be accompanying you to Canada, you may have to complete the form, Statutory Declaration of Common-Law Union, and provide the evidence listed in it to support your relationship.

Can my spouse or common-law partner work in Canada?

If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including obtaining (if needed) a labour market opinion from Human Resources and Skills Development Canada.

However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if you meet the conditions outlined below.

A. You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B in the National Occupational Classification.

Note: If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including:

  • A letter from your current employer confirming employment or a copy of your employment offer or contract; AND
  • A copy of one of your pay slips.

Or

B. You are authorized to work in Canada and your spouse or common-law partner is eligible for a work permit through an active pilot project. Find out more.

In each of the above cases, your spouse’s permit will be valid for the same period as yours.

If you meet these requirements, your spouse may apply for an open work permit. Your spouse’s permit will be valid for the same period as your authorization to work in Canada. If your job does not fall within the categories listed above, your spouse may still apply for a work permit, but it will have to be for a specific job and in most cases, the employer will have to obtain a labour market opinion (the normal authorization required for the employer to hire you) from Human Resources and Skills Development Canada.

In some cases, your spouse or partner will need a medical examination.

If they have not already applied overseas, spouses and partners may apply for their work permit from within Canada.

Can my dependent children work in Canada?

If your dependent children want to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including (if needed) a labour market opinion (LMO) from Human Resources and Skills Development Canada.

However, your dependent children may qualify for a work permit that does not require an LMO through a pilot project that may be active in the province you are working in. An “open” work permit will allow them to accept any job with any employer. Find out more.

In some cases your dependent children will need a medical examination. See Will I need a medical exam?.

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Can I find out why the application of my friend, relative or business contact has been refused?

Under Canada’s Privacy Act, we cannot discuss the details of a case with anyone except the applicant and certain authorized people.

Before we can give you any information, the applicant must give us specific written permission to do so. In many cases, because of the volume of work (we process nearly one million applications a year), even if we can tell you the reason for the refusal, we might not be able to give you many details. For example, we might only tell you that “based on the information available, the visa officer was not satisfied that the applicant was a genuine visitor who would leave Canada when required.”

To authorize us to release personal information to a third party, applicants must fill out the form Authority to Release Personal Information to a Designated Individual. The form is available under Find an application form or guide in the I Need To… section on the right-hand side of the page.

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Can a potential employer in Canada or an applicant outside Canada appeal the decision on a work permit application?

Under Canada’s Immigration and Refugee Protection Act, there is no formal right of appeal on temporary resident visa decisions. Instead, applicants can reapply and, whenever possible, a different visa officer will examine the application.

Applicants can also ask for a judicial review through the Federal Court of Canada, if they think the process was not legally or procedurally fair. A lawyer in Canada would act on their behalf.

Will I need a medical exam?

You may need a satisfactory medical assessment to obtain a work permit if:

  • you wish to work in facilities where it is important to protect public health, such as:
    • health services;
    • child care;
    • primary or secondary education; OR
  • you are coming to work in an agricultural occupation and you have lived in a designated country or territory; OR
  • you are seeking to enter Canada to work for a period greater than six months, and you have lived in a designated country or territory for six consecutive months during the one-year period immediately preceding the date of your seeking entry.

If a medical examination is required, you will be informed by an officer who will send you instructions on how to proceed. The officer’s decision is based on the type of job you will have and where you lived in the past year.

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Can I fill out one form for my entire family if we are traveling together?

No. Each individual applicant must complete and sign the appropriate form for the purpose of their trip to Canada,  including any other supplementary forms as required. For example, you may require a visitor, student permit or work permit application form. Each applicant aged 18 and over must also complete the Family Information (IMM 5645) form.

You can submit all family member application forms in the same envelope with one payment receipt for the total amount of all your applications.

Do my children need to complete the new application form?

Parents or guardians can assist children in filling out their forms. Parents or guardians must sign the forms on behalf of any children under the age of 18. 

However, if your child is aged 18 and over, they must complete and sign their own application forms as well as any other required forms.

If I submitted an older application form, do I need to resubmit my application using the form that is currently on the CIC Web site?

There is no need to resubmit applications. Applications previously received on older forms will continue to be processed in the queue in which they were received. For questions regarding processing times, please check our processing times.

Live-In Caregiver Program

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Canadian employers

Can I fire an incompetent employee?

Yes. If an employee does not carry out the duties agreed to in the contract, you can give the employee the required notice or pay in lieu of notice.

Am I responsible if my employee becomes sick, has an accident, is hospitalized or needs home recovery

Your employee is entitled to sick leave as specified in provincial or territorial legislation. Do not force your employee to work if he or she is ill. Your employee should be covered under the required health or workers’ compensation plan of the province or territory of work. Your responsibility depends on the coverage provided under these plans. Your employee may also be eligible to collect Employment Insurance sickness benefits.

What do the Temporary Foreign Worker Units do?

Temporary Foreign Worker Units (TFWUs) help to ease the entry of temporary foreign workers into Canada. The units offer guidance to employers and human resources agencies that want to employ foreign workers who are exempt from the labour market opinion/confirmation process, but still require a work permit. The TFWUs also provide advice on work permit exemptions. They pre-screen supporting documents from employers to streamline the application process and provide an opinion for the use of officers at the point of entry. As well, staff at the units pre-screen some documents submitted by foreign workers, such as academic or professional qualifications. These units also assist in individual cases with Canadian employers.

What is the confirmation-exempt category? What types of temporary foreign workers are exempted from labour market opinion confirmations?

Workers in the confirmation-exempt category are not required to obtain a labour market opinion from Human Resources and Skills Development Canada, but only need to obtain a work permit. A labour market opinion ensures that temporary foreign workers have a positive impact on the Canadian labour market and are not competing with Canadians for the same jobs. There is more information about exempt categories in the Related Links section at the bottom of this page.

Related Links

Pilot Project for Occupations Requiring Lower Levels of Formal Training

My work permit is valid for a specific length of time. Can I get an extension to work in Canada longer?

You may get an extension if:

  • your employer gets a new Labour Market Opinion for your job;
  • you both sign a new employer–employee contract; and
  • you apply for your new work permit before your current work permit expires.

My work permit expired less than 90 days ago. Can I apply for another work permit?

Yes, you can apply to restore your temporary status. You can only do this if your permit expired within 90 days of the date you apply. You must also apply for a work permit, and pay fees for both services. Include a new LMO and contract with the application. You can not work while your application is in process if your permit has expired. Check box D for “restoration” and box C for “work permit” on the application form.

Why does my employer need another LMO if he just got one 12 months ago?

Service Canada will check if there has been a wage increase for your job. If so, you should be paid the higher wage. This will be included in the new LMO and employer-employee contract. Service Canada also makes sure there are no Canadian citizens or permanent residents to do your job.

I have a work permit under an International Youth Exchange Program. Can I apply for a work permit extension under the Pilot Project?

Yes, if your employer has an approved LMO for the job offer. You can work for another 24 months under the Low Skill Pilot before you must leave Canada.

I am a temporary foreign worker in the Seasonal Agricultural Worker Program (SAWP). Do I need to return to my home country for four months when my current work permit expires or can I apply to renew it and extend my stay?

You must leave Canada when your work permit expires. Different rules apply to the Seasonal Agricultural Worker Program. You must request a new LMO each season. For more information see Human Resources and Skills Development Canada in the Related Links section at the bottom of the page.

If your employer wants to rehire you, you must have returned to your home country for at least four months before you can apply for another work permit under this Pilot.

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If I have a 24-month work permit and switch employers just before it expires, can I get another 24-month work permit if my new employer has the LMO?

Yes. You can also apply to renew your permit with your current employer.

I work in Quebec and I want to extend how long I can work under my work permit. What should I do?

Your employer must apply for a LMO renewal from Service Canada and a Certificate of Acceptance (CAQ) from the Quebec government for your job. (See Immigrate and settle in Quebec — Temporary workers in the Related Links section at the bottom of the page.) Include a copy of the LMO, CAQ and a new signed employee-employer contract with your application to extend your work permit to the CIC processing centre in Vegreville, Alberta.

For more information on the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C&D) see Human Resources and Skills Development Canada in the Related Links section at the bottom of the page.

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