Latest News & Events
Canada
The information provided is designed to give a summary of the immigration requirements. It is not offered as legal advice and should not be taken as such. The firm and the contributing authors expressly disclaim all liability to any person in respect of anything done or omitted in reliance upon the contents of this information sheet. Immigration rules and requirements frequently change without notice and you should contact our Global Immigration team for further information and advice.
Introduction
Business Visa
Work Authorization
Family
Penalties
Do's and Don't
Nationals of the following countries do not require a visa to travel to Canada for a business visit for a period up to 6 months:
Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, British National (Overseas) Passport, Brunei, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong SAR, Hungary, Iceland, Ireland, Israel (National Passport holders only), Italy, Japan, Korea (Republic of), Latvia (Republic of), Lithuania, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovakia, Solomon Islands, Spain, Swaziland, Sweden, Slovenia, Switzerland, United Kingdom, United States, Western Samoa
Nationals holding permanent residence in the USA and is in possession of their Alien Registration Card (also known as the Green card) do not require a visa to enter Canada. They may be permitted stay for a period up to 6 months.
Nationals not required to obtain a visa prior to entry, must have a machine-readable passport when arriving at the port of entry. The grant of the stay and the length of stay in Canada is completely at the discretion of the Immigration Officer are the port of entry.
Business visas are also known as Temporary Resident Visas.
Permitted activities whilst in Canada under a business visa include attending meetings, conferences and engaging in business activities which do not constitute employment.
US nationals are also permitted to conduct research and design, marketing, sales, distribution and after-sales service.
Processing time:
Processing times of business and training visas vary according to the country where the application is filed.
Business visa applications in the UK may be processed within 10 working days from the date of submission.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Validity:
Business visas are generally issued for a period of up to six months, and in limited situations may be extended for a further six months.
The foreign worker must submit an application for work authorization and an entry visa at the Canadian Consulate in their country of residence before entering Canada for the purpose of taking up employment.
Upon approval, the foreign worker should present the visa and work authorization approval letter at a port of entry. If the foreign worker applies for a work permit, they must complete the work authorization process in Canada after entry. If the foreign worker enters Canada as a Skilled Worker, they are not required to take further steps after entry.
Intra-Company Transfer Work Permit (ICT)
Requirements:
- The position in the Canadian company must be a Senior Managerial/Executive post or require specialised knowledge
- The applicant must have been employed at the originating company for at least 3 years and have been working in a similar position for at least 1 year
Procedure:
- The foreign worker must apply to the Citizen and Immigration Canada (CIC) office for a work permit
- If the foreign worker requires a visa to enter Canada, they must apply for a visa at the Canadian Consulate in their country of residence before entering Canada
Processing times:
Work permit applications may be processed in approximately six weeks.
Validity:
The ICT permit may be granted for a period up to three years, which can be extended.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Non-ICT Work Permits
Procedure:
- The Canadian company must submit an application for a Labour Market Opinion (LMO), together with a copy of the intended job offer to the Canadian authorities
- Once the Canadian authorities approve the application, the Canadian company must send a copy of the approval to the foreign worker
- The foreign worker must apply to the Citizen and Immigration Canada (CIC) office in Canada or their country of residence if they are not in Canada
- If the foreign worker is not in Canada and requires a visa to enter Canada, they must apply for a visa at the Canadian Consulate in their country of residence before entering Canada
Requirements for LMO approval:
- Evidence that the Company has made a genuine attempt to recruit Canadian residents i.e. advertised the position in local and national newspapers, hired a recruitment agency
- Salary offered are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region
- The working conditions meet the current provincial labour market standards
- Any potential benefits that the hiring of the foreign worker may have on the Canadian labour market
Processing time:
Processing times of applications submitted at the Canadian Consulate vary according to the country where the application is filed. Applications submitted at the Canadian High Commission in the UK may be processed within six weeks from the date of submission.
Validity:
The work permit may be granted for a period up to one year, which can be extended.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
General Agreement on Trade in Services (GATS)
Under the GATS, there is a concession for citizens of World Trade Organization (WTO) member states, and permanent residents of Australia and New Zealand to gain entry into Canada to work.
The regulations under the GATS apply to foreign nationals travelling to Canada for the purpose of working as professionals or intra-company transferees without obtaining a LMO from the Canadian authorities before travel.
The requirements for a professional include:
- be qualified to work in one of the listed professions in the agreement; and
- have the minimum education and/or professional qualifications listed for the profession; and
- there must be a contract between the foreign company and the Canadian company whereby the foreign worker is to provide a service the Canadian company
- be a citizen of a WTO member state or have permanent residence in Australia or New Zealand
An intra-company transferee must:
- be a citizen of a WTO member state or have permanent residence in Australia or New Zealand;
- have worked continuously for at least one year in the preceding three years for the same or affiliated employer in the country of residence;
- be transferred to Canada to work temporarily for the same or an affiliated employer; and
- work in a capacity that is managerial, executive or that involves specialized knowledge.
Procedure:
Applications to work under the GATS are processed at the port of entry. The foreign worker must present all supporting documents to the Immigration Officer when they arrive in Canada.
Validity:
Work authorization for professionals under the GATS is for a period of 3 months or 90 consecutive days within a 12-month period.
ICT work authorization under the GATS may be issued for a period up to three year
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
North American Free Trade Agreement (NAFTA)
Under the NAFTA, there is a concession for citizens of Canada, the United States and Mexico can gain temporary entry into each of the three countries to work.
The regulations under NAFTA apply to US and Mexican nationals travelling to Canada for the purpose of working as a professional or an intra-company transferees without obtaining a LMO from the Canadian authorities before travel.
The requirements for a professional include:
- be qualified to work in one of the more than 60 professions listed in the NAFTA; and
- have pre-arranged employment with a Canadian company in an occupation that matches the qualification
An intra-company transferee must:
- have worked continuously for at least one year in the preceding three years for the same or affiliated employer in the United States or Mexico;
- be transferred to Canada to work temporarily for the same or an affiliated employer; and
- work in a capacity that is managerial, executive or that involves specialized knowledge.
Procedure:
Applications to work under the NAFTA are processed at the port of entry. The foreign worker must present all supporting documents to the Immigration Officer when they arrive in Canada.
Validity:
Work authorization for professionals under the NAFTA may be issued for a period up to one year.
ICT work authorization under the NAFTA may be issued for a period up to three years.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Canada Chile Free Trade Agreement (CCFTA)
Under the CCFTA, there is a concession for citizens of Canada and Chile can gain temporary entry into either country to work.
CCFTA applies to Chile nationals travelling to Canada for the purpose of working as a professional or an intra-company transferees without obtaining a LMO from the Canadian authorities before travel.
The requirements for a professional include:
- be qualified to work in one of the more than 60 professions listed in the CCFTA; and
- have pre-arranged employment with a Canadian company in an occupation that matches the qualification
An intra-company transferee must:
- have worked continuously for at least one year in the preceding three years for the same or affiliated employer in Chile;
- be transferred to Canada to work temporarily for the same or an affiliated employer; and
- work in a capacity that is managerial, executive or that involves specialized knowledge.
Procedure:
Applications to work under the CCFTA are processed at the port of entry. The foreign worker must present all supporting documents to the Immigration Officer when they arrive in Canada.
Validity:
Work authorization for professionals under the CCFTA may be issued for a period up to one year.
ICT work authorization under the CCFTA may be issued for a period up to three years.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Skilled Worker
Foreign nationals who successfully obtain a skilled migrant permit will be granted permanent resident status in Canada.
A skilled worker application must meet the following criteria:
1. The application must be eligible for processing
The foreign national's application will be eligible for processing if one the below requirements are met:
- The foreign national has an offer of arranged employment; or
- The foreign national has been living in Canada for a minimum of one year as a temporary foreign worker or as an international student; or
- The foreign national is a skilled worker with at least one year experience in one or more of the Canadian authority's Occupation list
2. Assuming that the application is eligible for processing, the foreign national will still have to meet the minimum requirements.
The minimum requirements include:
- The foreign national has at least one year full-time paid work experience or the equivalent in part-time continuous employment; and
- The foreign national's work experience must be listed in certain skill levels on the Canadian authority's Occupation list; and
- The experience relied upon must have occurred in the last ten years
3. Once it has been established that the application is eligible for processing and the applicant meets the minim requirements, the application is then processed according to the 6 selection factors in the skilled workers grid.
The foreign national must score a minimum of 67 points on the selection factors grid. Marks can be scored from categories including:
- Educational qualifications
- English and/or French language ability
- Work experience
- Age
- Pre-arranged employment in Canada - the offer of employment must be approved by the Canadian Human Resources and Social Development authorities
- Adaptability
Applications may be submitted at the Canadian Consulate in the foreign national's country of residence or at the Citizenship and Immigration Canada Office.
After reviewing the application, the foreign national will be contacted by the relevant authorities and instructed to undergo a medical examination. The foreign national cannot undergo a medical examination before the application is submitted.
Like the medical examination, the foreign national may be required to submit a police clearance certificate for each country where the foreign national has resided for over 6 months since the age of 18. The police clearance certificate must have been issued no more than 3 months before the date of submission of the application.
Procedure:
- The foreign national is required to submit the application for a skilled worker permit at the Centralized Intake Office for Federal Skilled Worker Applications in Canada
- Once approved, the approval is sent to the CIC office in the foreign national's country of residence
- The foreign national will then be required to submit their original passport for endorsement
Validity:
If approved, the foreign national will be granted permanent residence in Canada.
Processing time:
Processing times of applications submitted at the Canadian Consulate vary according to the country where the application is filed. Applications submitted at the Canadian High Commission in the UK may be processed within 48 months from the date of submission.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Dependants
The spouse and unmarried children aged 22 and under may accompany foreign workers to Canada.
Dependants must apply for a work permit in their own right before taking commencing any employment in Canada.
Processing time:
Processing times of applications submitted at the Canadian Consulate vary according to the country where the application is filed. Applications submitted at the Canadian High Commission in the UK may be processed within six weeks from the date of submission.
Validity:
Dependant permits may be issued in line with the foreign worker's permit.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Unmarried / Same Sex Partners
Unmarried and same-sex partners are recognised by the Canadian authorities.
Unmarried and same-sex partners must apply for a work permit in their own right before taking commencing any employment in Canada.
Processing time:
Processing times of applications submitted at the Canadian Consulate vary according to the country where the application is filed. Applications submitted at the Canadian High Commission in the UK may be processed within six weeks from the date of submission.
Validity:
Permits for Unmarried/Same-sex partners may be issued in line with the foreign worker's permit.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Employer:
Employing a foreign worker who does not have the requisite work authorisation is an offence. If convicted the company may be fined.
Employee:
Foreign workers who do not comply with the immigration laws of Canada may be fined.
Do:
- Contact our global immigration team as soon as possible regarding any potential application as we may be able to assist with preparing documents
- Provide all requested information and documents promptly to enable us to prepare your application efficiently
Don't:
- Perform any duties that may be construed as work whilst in Canada as a business visitor
The information provided is designed to give a summary of the immigration requirements. Please note that the information was correct at the time of writing, however the immigration rules and regulations of Canada, like many other countries, frequently change without notice and you should contact our Global Immigration team for further information and advice.