Do you need a work permit to work in

Canada?
You usually need a work permit to work in Canada. In some cases, you can work without a
permit.

Answer this question to find out if you can work in Canada without a permit.

What type of work will you do in Canada? (required)

Athlete or coach
Aviation accident or incident investigator
Business visitor
Civil aviation inspector
Clergy
Convention organizer
Crew member
Emergency service provider
Examiner and evaluator
Expert witness or investigator
Family member of foreign representative
Foreign government officer or representative
Health care student
Judge, referee or similar official
Military personnel
News reporter or film and media crew
Producer or staff member working on advertisements
Performing artist
Public speaker
Short-term highly-skilled worker
Short-term researcher
Student working off-campus
Student working on-campus
My job isn't on the list
If your job is not on the list (other job)

You need a work permit. Find out if you’re eligible for a work permit.

Find out if you’re eligible to work in

Canada
Whether or not you’re eligible for a work permit depends on a few things, including where
you plan to apply for your work permit.

General eligibility requirements

No matter where you apply, you must:

 prove to an officer that you will leave Canada when your work permit expires,
 show that you have enough money to take care of yourself and your family members
during your stay in Canada and to return home,
 obey the law and have no record of criminal activity (we may ask you to give us a police
clearance certificate),
 not be a danger to Canada’s security,
 be in good health and have a medical exam, if needed,
 not plan to work for an employer listed with the status “ineligible” on the list of employers
who failed to comply with the conditions,
 not plan to work for an employer who, on a regular basis, offers striptease, erotic dance,
escort services or erotic massages, and
 give the officer any other documents they ask for to prove you can enter the country.

Global Skills Strategy applicants: You can only benefit from two-week application
processing if you apply from outside of Canada.

Eligibility requirements if you apply from outside Canada

Anyone may apply for a work permit before they enter Canada. In some cases, you must
apply to a visa office outside Canada. This is usually true if you need a visa to enter Canada
or if you need to have a medical exam before you come here.

Find out what type of work permit you can apply for and if you can benefit from the Global
Skills Strategy’s two-week application processing. If you are applying for an open work
permit, leave the employer section of the application blank.

Eligibility requirements if you apply from inside Canada

You can only apply for a work permit from inside Canada if you:
  are currently in Canada and have a valid study or work permit, or your spouse or parents
have a study or work permit,
 have graduated from a program at a
o Canadian university,
o community college,
o CÉGEP,
o publicly funded trade/technical school, or
o other eligible school.
 have a temporary resident permit that is valid for six months or more,
 have applied or been included in an application for permanent residence from inside
Canada (you will have to pass certain stages in the main application process to be eligible
for a work permit),
 have asked for refugee status in Canada and are waiting for a decision from the Refugee
Protection Division (RPD) of the Immigration and Refugee Board of Canada,
 have been recognized by the RPD as a convention refugee or protected person,
 have had your refugee claim turned down by the RPD but you cannot be removed from
Canada for reasons beyond your control, or
 are allowed to work in Canada without a work permit but you need a work permit to work
in a different job.

Find out what type of work permit you can apply for. If you are applying for an open work
permit, leave the employer section of the application blank.

Eligibility requirements if you apply when you enter Canada

You can ask to be allowed to work in Canada when you enter Canada but only if:

 you are from a visa-exempt country,

 you already hold a valid medical certificate, if you need it for your job, or are from a
designated country, and either
 your employer has completed all of the steps for your type of work permit, or
 you are applying for an open work permit.

If you’re a citizen of an eTA-required country, you’ll need to get an eTA if you plan to fly
into Canada. To avoid additional costs, we recommend that you apply for your work permit
before you travel to Canada.

Find out what type of work permit you can apply for. If you are applying for an open work
permit, leave the employer section of the application blank.

Temporary resident permits – Eligibility

and assessment
This section contains policy, procedures and guidance used by Immigration, Refugees and
Citizenship Canada staff. It is posted on the Department’s website as a courtesy to
stakeholders.

Who is eligible for a temporary resident permit (TRP)

A TRP can be issued to a foreign national who, in the opinion of an officer, is inadmissible
or does not meet the requirements of the Immigration and Refugee Protection Act (IRPA)
[A24(1)].

The TRP is always issued at the discretion of the delegated authority and may be cancelled
at any time. The delegated authority will determine whether

 the need for the foreign national to enter or remain in Canada is compelling; and
 the need for the foreign national’s presence in Canada outweighs any risk to Canadians or
Canadian society.

Who is not eligible for a TRP

A person is not eligible for a TRP if less than 12 months have passed since their claim for
refugee protection was last rejected [or determined to be withdrawn or abandoned as
described under subsection A24(4)].

Exception: The one-year ban on accessing a TRP under subsection A24(4) does not bar an
officer, on their own initiative, from considering a TRP for a victim of human trafficking.

Assessing an application for a TRP

Evaluating compelling reasons vs. risks

Officers must consider the factors that make the person’s presence in Canada necessary and
the intent of the legislation to maintain program integrity and protect public health and
safety.

Economic interest to Canada

An urgent need for the foreign national’s presence in Canada should normally relate to
economic or employment security of Canadian citizens or permanent residents. The officer
should confirm such need with appropriate officials of the national employment service or
provincial government. Establish the bona fides of the individual as well as the employer or
business proposal and the urgency of the case before making a decision to issue a TRP.

Only certain officers are authorized by the Minister to determine whether the reasons
or benefits for an individual to enter or remain in Canada outweigh the risks,
resulting in the issuance of a TRP. The general principle is that serious inadmissibility
can be overcome only with the decision of a senior officer.
General factors to consider

 The issuance of a TRP confers temporary resident status on the holder [A24].
 Officers should issue TRPs only in special circumstances and after careful consideration of
all assessment factors before granting an initial TRP or issuing a subsequent TRP.
 A TRP can carry privileges greater than those accorded to other visitors, students and
workers with temporary resident status. Foreign nationals who have been issued a TRP for
a validity period of at least six months can apply in Canada for a work or study permit and
may be given access to health or other social services.
 As there is no discretion involved in granting permanent residence to persons who meet
the requirements of the permit holder class, officers should consider alternatives before
issuing a TRP, such as rehabilitation.
 Under paragraph 65(b)(i) of the Immigration and Refugee Protection Regulations (IRPR),
TRP holders with medical inadmissibility [A38(1)] are eligible for permanent residence
after three continuous years in Canada.
 Under paragraph R65(b)(i), TRP holders inadmissible under paragraph A42(1)(a) on
grounds of an accompanying family member who is inadmissible under subsection A38(1)
or paragraph A42(1)(a) are eligible for permanent residence after three continuous years
in Canada.
 Under paragraph R65(b)(ii), TRP holders with inadmissibilities other than security [A34],
violation of human or international rights [A35], serious criminality [A36(1)] and organized
criminality [A37] are eligible for permanent residence after five years of continuous
residence in Canada.
 For subsequent TRPs, if the situation has changed, officers should reassess all the factors
and determine the best course of action, including rehabilitation or a record of
suspension, especially before the TRP holder is eligible for permanent residence under the
permit holder class.

Note: A TRP holder cannot have temporary resident status restored under section R182.

In the absence of compelling need, TRPs should not be issued, even if the
inadmissibility and the risks are minor. The following are some examples of cases
where a TRP should not be considered:

 for reasons of administrative convenience; only compelling reasons justifying the presence
of a foreign national in Canada should guide the decision maker;
 when other legal or regulatory mechanisms are accessible, such as restoration of status or
rehabilitation provisions;
 for persons under a removal order without prior consultations with the Case Management
Branch or the Canada Border Services Agency;
 when the presence of a foreign national in Canada would contravene to the objectives of
the law, particularly those intended to protect the health and security of Canadians, and
to promote international justice and security.

Note: If a student, worker or visitor with valid temporary resident status is reported under
subsection A44(1) but a decision is made not to hold an admissibility hearing or issue a
removal order, that person remains a temporary resident, and a TRP should not be issued.
See ENF 5, section 8, for more information on making a decision to write a
subsection A44(1) report.

Risk assessment factors

 History: Is there a pattern of non-compliance [A41] with the Act or Regulations? Is the
violation inadvertent and accidental or the result of careless or flagrant disregard for the
law?
 Credibility: Credibility should be assessed during an interview. The task is to weigh the
facts in a fair and impartial manner, considering both positive and negative elements.
Officers must determine which facts are most important, which evidence is the most
persuasive and which argument is the most compelling or convincing, and explain why.
 Previous removal: Have the original grounds for removal been overcome or diminished?
Are there any statutory bars remaining against the person, other than the removal order?
 Controversy: Are there high-profile, complex or sensitive elements to the case that
warrant referral or consultation with the Case Management Branch?
 Social assistance: If there is a possibility that the foreign national intends to become a
permanent resident, is there any risk that the person will require social assistance?

The following considerations and examples are not exhaustive but illustrate the scope and
spirit in which discretion to issue a TRP should be applied:

 the reason for the person’s presence in Canada and the factors that make their presence
in Canada necessary (e.g., family ties, job qualifications, economic contribution,
attendance at an event);
 the intention of the legislation (e.g., protecting public health or the health care system);
 the type/class of application and family composition, both in the home country and in
Canada;
 if medical treatment is involved, whether the treatment is reasonably available in Canada
or elsewhere (comments on the relative costs and accessibility may be helpful), and the
anticipated effectiveness of treatment;
 the benefits to the person concerned and to others;
 the identity of the sponsor, host or employer.

Person raises refugee protection-related risks (section A96 or section A97)

When the foreign national has already had a final determination on a refugee claim or a pre-
removal risk assessment (PRRA), the officer should assess the TRP without consideration
of any section A96 or section A97 risks identified by the foreign national, as these have
already been assessed.

The officer should advise the client that their risk was not assessed, as it was already
assessed through their refugee claim and/or PRRA application. If applicable, the officer
should advise the client that they may apply for a subsequent PRRA or for permanent
residence (if they are a protected person).
If the applicant has not had a refugee claim or PRRA, the officer should assess the TRP
without consideration of any section A96 or section A97 risks identified by the foreign
national. The officer may advise the client that they may be able to have this risk assessed
through the refugee claim process.

Fee exemption for certain TRPs

Some TRPs are fee-exempt in specific circumstances.

Before issuing the TRP, officers must

 check immigration systems (e.g., GCMS) to ensure the one-time fee-exempt TRP has not
already been granted;
 inform the foreign national that
o they are inadmissible to Canada;
o they are being facilitated with a one-time-only fee-exempt TRP;
o a TRP is issued only in exceptional circumstances; and
o they should go to a mission outside Canada to either apply for another TRP if they
wish to return to Canada in the future or apply for individual rehabilitation if they
meet the requirements to do so.