immigration
Canadian Work
Permits 101
WHAT DO HR PROFESSIONALS NEED TO KNOW? By Evan Green, Partner,
There are really only two questions
that HR professionals have when
it comes to hiring foreign nation-als
in Canada:
1. Do I need to go to the trouble of get-ting
a work permit?
2. How long will it take to get a work
permit?
There are four common routes for
a foreign national to come to Canada:
as a business visitor; under the North
American Free Trade Agreement
(NAFTA) professional category work
permit; an intra-company transfer work
permit; and a work permit based on a pos-itive
Labour Market Opinion (LMO).
There are other options; however, they
are less frequently used and more complex
in terms of processing. It is important to
consider the qualifications of the foreign
national, the specific goals of a particular
project or assignment in Canada and the
broader goals of the employer.
BUSINESS VISITOR
A business visitor is not “a worker,” per se.
A business visitor is a foreign national who
enters Canada to conduct “international
business activities.” Canadian immigration
laws stipulate that acceptable internation-al
business activities include attending
meetings, seminars and/or conferences;
performing after-sales services pursu-ant
to an original purchase agreement;
or performing warranty-related work on
machinery purchases, as set out in the
original purchase agreement. The key dif-ference
between a business visitor and
a work permit holder is that the foreign
national entering Canada as a business
visitor cannot engage in employment that
will provide services, create competition
or remove opportunities from within the
Canadian labour market. Canadian im-migration
laws dictate that these types of
activities require work permits. Foreign
nationals who wish to enter Canada as
business visitors and who do not require
a Temporary Resident Visa (TRV) may
apply for their business visitor status at
the port of entry. However, if a TRV is
required, then the applicant must apply,
in advance, at a Canadian Consulate or
Embassy.
If the foreign national does not qualify for
business visitor status, then he/she must ob-tain
a work permit. The most popular ways
to process a Canadian work permit are the
Photo by Alex / Photos.com
Green and Spiegel LLP
HRPATODAY.CA ❚ MARCH/APRIL 2014 ❚ 31