The following programs are designated as work that can be performed by a foreign national based on the criteria listed in subparagraph R205(c)(ii) of the Immigration and Refugee Protection Regulations.
Spouses or common-law partners of skilled workers [C41]
Spouses or common-law partners of skilled people coming to Canada as foreign workers may themselves be authorized to work without first having an offer of employment. A dependent spouse is eligible to apply for an open work permit if the principal foreign worker
- holds a work permit that is valid for a period of at least six months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of six months;
- is employed in an occupation that falls within National Occupational Classification (NOC) skill levels 0, A or B (which generally include management and professional occupations and technical or skilled trades [see the NOC website]);
- physically resides or plans to physically reside in Canada while working.
Eligibility for specific spousal situations
Spouse of bridging open work permit (BOWP) holder
If the principal foreign worker has obtained a BOWP, the following eligibility requirements apply:
- All principal foreign workers’ work permits must be valid for six months or longer.
- For spouses or common‑law partners of federal skilled worker class (FSWC) applicants, the BOWP holder must be performing work that is at a level that falls within NOC skill levels 0, A or B.
- For spouses or common‑law partners of provincial nominee class (PNC) applicants, the spouse or common‑law partner is eligible for an open work permit for the duration of the work permit held by the principal PNC applicant, irrespective of the skill level of the principal PNC applicant’s occupation.
- For spouses or common-law partners of federal skilled trades class (FSTC) applicants, the BOWP holder must be performing work that is within one of the skilled trade occupations in NOC skill level B.
- For spouses or common-law partners of Canadian experience class (CEC) applicants, there are no set preconditions to be met by the principal CEC applicant.
- For spouses or common-law partners of caregiver applicants (caring for children class or caring for people with high medical needs class), the BOWP holder must be performing work within one of the qualifying occupations in NOC skill level 0, A or B.
Spouses of open work permit holders
If the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permit, working holiday work permit), Citizenship and Immigration Canada (CIC) cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.
The spousal applicant should submit all the supporting documents, including
- a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract; and
- a copy of the principal foreign worker’s last three pay slips.
Spouses of provincial nominee work permit holders
Note: Spouses or common‑law partners of work permit holders who have been nominated for permanent residence by a province are entitled to open work permits for the duration of the work permit of the provincial nominee principal applicant, irrespective of the skill level of the principal applicant’s occupation.
The Labour Market Impact Assessment (LMIA) exemption code is T13 (or C10 for spouses or common-law partners of Quebec Selection Certificate [CSQ] holders selected under its Programme régulier des travailleurs qualifiés [PRTQ] and its Programme de l’expérience québécoise [PEQ] who are holders of a valid work permit and who currently reside in the province of Quebec—see LMIA-exempt work permit renewals/extensions for certain CSQ holders currently in Quebec for more information).
Work permit processing
Mandatory association to the principal foreign worker: The spouse or common‑law partner must be associated with the principal applicant in the Global Case Management System (GCMS) using the standard steps for associating a client to another client. This is required to ensure the ability to revoke a spouse work permit under public policy considerations.
Duration: The spouse’s or common-law partner’s work permit may be issued for a period that ends no later than the work permit of the principal foreign worker, or for the duration of employment of the principal worker, authorized as per section R186.
Occupation: The NOC code should be 9999.
Fees: The open work permit holder fee should be collected in addition to the work permit processing fee.
Spouses or common-law partners of full-time students [C42]
Note: The provisions outlined for C42 apply only to spouses of students engaged in full-time studies at a Canadian university, community college, CEGEP, publicly funded trade or technical school, or private institution authorized by provincial statute to confer degrees.
Spouses or common-law partners of certain foreign students are allowed to accept employment in the general labour market without the need for an LMIA. This exemption is intended for spouses who are not, themselves, full-time students.
Applicants must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at
- a public post-secondary institution, such as a college, university, or CEGEP in Quebec,
- a private post-secondary institution that operates under the same rules and regulations as a public institution and receives at least 50 percent of its financing for its overall operations from government grants (currently, only private college-level educational institutions in Quebec qualify), or
- a Canadian private institution authorized by provincial statute to confer degrees.
Spouses or common-law partners of full-time students are eligible for open or open/restricted work permits, depending on whether a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.
Work permits may be issued with a validity date to coincide with the spouse’s study permit.
Post-graduation employment [C43]
See the instructions concerning students.
Post-doctoral fellows awarded a Doctorate of Philosophy (Ph.D.) and research award recipients [C44]
Post-doctoral fellows holding a Doctorate of Philosophy (Ph.D.) or its equivalent are appointed to a time-limited position granting a stipend or a salary to compensate for periods of teaching, advanced study and/or research. It is work designed to obtain the highest expertise possible in a particular discipline and candidates are chosen on the basis of academic excellence.
To be exempt from an LMIA, the applicant must have completed, or be expecting to shortly complete, their doctorate and be working in a related field to that in which they earned, or are earning, their Ph.D.—as long as the Canadian university has accepted the person as a post-doctorate fellow.
Post-doctoral fellows can either be the direct recipients of an award or be offered a time-limited position to undertake research on behalf of or as part of a team of researchers. Universities vary in their methods and criteria used in assessing candidates and offering post-doctoral fellowships. Officers should assess the written offer from a responsible academic official (professor or higher), which will state the amount of remuneration and the location, nature and expected duration of the term of employment, and will not be concerned with the source of remuneration.
For post-doctoral fellows who are employed by a Canadian university or educational institution, the 2011 NOC code should be 4011.
For post-doctoral fellows who are employed by a Canadian entity that is not an educational institution, their field of specialty should be used. For example, a geologist with a doctorate may work as a geologist and not as a post-doctoral fellow, in which case the 2011 NOC code would be 2113.
Research award recipients paid by Canadian institutions
Foreign nationals who have received an academic research award involving work and remuneration by Canadian academic institutions where the award is granted strictly on the basis of academic excellence are eligible. The candidate must be the direct recipient of the award (i.e., have a significant role to play or value to add to a particular research project, and not just be a member of a research team [doing data collection or principally involved in the more mundane aspects of the research being conducted]).
Foreign nationals doing work for a research agency (other than an academic institution) are also eligible for this exemption, provided that the agency is associated with the academic institution that awarded the fellowship.
Research award recipients paid by foreign institutions
Holders of academic research awards of a foreign country who are invited by Canadian institutions to conduct their activities in Canada but who are supported by their own country are also eligible.
Note: Persons who are doing self-funded research may meet the definition of business visitor and thus be eligible to work without having to obtain a work permit. There should be no displacement of Canadian or permanent resident workers, nor should there be any employer-employee relationship. In addition, the individual or the Canadian institution must not receive remuneration for the research.
Off-campus employment [formerly C25] now work permit-exempt
As of June 1, 2014, off-campus employment for eligible students is work permit-exempt pursuant to paragraphs R186(v) and (w). The exemption code C25 is no longer in use.
See the instructions concerning students for guidance.
Foreign medical (or dental) residents and medical research fellows [C45]
Foreign medical (or dental) residents are holders of a medical degree equivalent to that of a Canadian Medical Doctorate (e.g., MD, Doctor of Dental Surgery, Doctor of Dental Medicine) who are coming to Canada to complete a residency at a Canadian hospital or in a clinical setting as part of their medical training. The positions have a duration of approximately two to seven years, or more, depending on the area of medical specialization.
Medical fellowship holders
Foreign medical (or dental) fellows are holders of a medical degree equivalent to that of a Canadian Medical Doctorate (e.g., MD, Doctor of Dental Surgery, Doctor of Dental Medicine), and recognized medical specialists who have completed residency training and accept to continue specializing in some highly specific field of study to advance clinical or medical research. Fellowships typically have a duration of one to two years.
Work permit issuance
Officers at a Canadian mission abroad, inland, or at a port of entry, shall be presented with an official letter of employment from the university written on university letterhead and signed by a senior administrator (e.g., the program manager) from the Postgraduate Medical Office, detailing the following:
- the position being offered, including the area of specialty, if applicable;
- the length of the residency training or fellowship period (number of months), including the beginning and end dates of the residency or fellowship period;
- the work location(s) for the duration of residency or fellowship;
- the annual income offered to the foreign national, with an attestation that the wage is commensurate with that of a Canadian performing the same duties in the same location of work and that the income offered to the foreign worker is not Canadian-publicly-funded;
- whether the position is covered by a collective agreement; and
- whether the physician must be licensed by the provincial College of Physicians and Surgeons in order to undergo their residency or fellowship in that province.
Officers may also receive a copy of the letter of eligibility for licensure from the relevant provincial College of Physicians and Surgeons, where applicable. If the foreign medical resident or fellow does not require licensure from the regulatory body, the university should indicate this in their letter of employment.
Note: In some provinces, fellows, particularly research fellows, have no patient contact. Regardless of whether contact with patients occurs, fellows, like all residents, are required to pass an immigration medical exam according to R30.
- Date Modified: