Visa Time Immigration - Temp Work - Work without a Permit

There are a number of occupations and circumstances where a foreigner is permitted to work in the absence of a work permit.

Please note that a person who is able to work without a work permit may still need a Temporary Resident Visa or an eTA (Electronic Travel Authorization) to enter the country on a temporary basis.

Furthermore, one must be ready to show immigration officials with documentation that attests to their desired status in the country. This documentation will vary on a case-by-case basis. Usually, to bolster one’s likelihood of acceptance into the country, items such as a letter of support from a parent company or letter of invitation from a Canadian company could help.

Below are the occupations that do not need a work permit:

Athletes and Team Members

Interestingly, amateur athletes or professional may travel to Canada to take part in sports activities or events in the country either independently or as part of a team. Additionally, foreign coaches and trainers of foreign athletes, as well as other necessary team members, could travel to Canada to partake in events.

IRCC (Immigration, Refugees, and Citizenship Canada) provides the following examples of individuals who might be eligible under this exemption:

To add, the spouses of professional athletes are qualified for a LMIA exempt work permit for their time in the country.

Aviation Accident or Incident Inspector

Advisors and accredited representatives who are helping in the investigation of an aviation accident or incident could do so without needing a work permit. The investigation must be managed under the authority of the Canadian Transportation Accident Investigation and Safety Board Act.

Business Visitors

Civil Aviation Inspectors

Without needing a work permit, flight operations and cabin safety inspectors may inspect commercial international flights. Inspectors must be hired by a recognized aeronautical authority and have valid documentation attesting to this fact.

Clergy

Without a work permit, an individual who oversees religious services, preaches or gives spiritual counselling as a profession may work in the country. Individuals may be laypeople, members of a religious order, or ordained ministers. It is not required that the temporary worker be part of or share the beliefs of the particular religious community in which they will work. The dominant responsibilities of the temporary worker should mirror a specific religious objective. For example: giving religious instruction or promoting a specific faith.

Under this exemption, individuals pursuing entry to Canada must provide documentation attesting to the following:

Individuals need a work permit who will be conducting charitable or religious work in the country; although, that permit is exempt from the LMIA (Labour Market impact Assessment) process.

Convention Organizers

This particular category covers individuals who come to Canada to arrange a convention or conference, also as the administrative support staff of the organizing committee. These events could be exhibitions, trade shows, corporate meetings etc. Those that are not included in this category are hands-on service providers (e.g. audio-visual specialists).

Convention organizers are not able to work without a work permit if they have been employed to perform work for a Canadian event. IRCC (Immigration, Refugees and Citizenship Canada) defines a ‘Canadian event’ as one that is held by an organization situated and actively doing business in the country.

Those that are exempt from the requirement for a work permit are individuals attending conferences and meetings because they are considered business visitors.

Crew

Crew members that are working on a means of transportation that is engaged primarily in international transportation, foreign-owned and not registered in the country, do not require a work permit. They could work in a maintenance, operation, or passenger service capacity.

To add, laws governing work conducted by crews on distinct modes of transportation differ significantly. Before coming to Canada, it is very significant to ensure that one’s work will in fact be able for a work permit exemption.

Emergency Service Providers

Positively, workers who will enter the country to give services in times of emergency could do so in the absence of a work permit. The main point of their work must be preserving life and property in the face of natural disasters or commercial accidents.

Specifically, Canada has entered into agreements with the United States in order to facilitate the movement of emergency aid workers across the border (between the 2 countries). These workers could be doctors or medical teams, in addition to foreign insurance adjusters and appraisers.

Examiners and Evaluators

Researchers and foreign professors may need to enter the country in order to assess theses and projects conducted by their students. In this case, they could do so without acquiring a work permit.

Expert Witnesses or Investigators

Experts who need to enter the country in order to conduct surveys/analyses that will be used as proof, or who will testify as expert witnesses before a court of law or regulatory body, could do so without acquiring a work permit.

Foreign Government Officers

Interestingly, Canada is party to agreements with other countries in which call for international exchange of government employees. According to such agreements, foreign workers could be brought to Canada to work for an agency or department in either the provincial or federal government(s). These individuals do not work for an organization or foreign mission, and are not accredited by the DFAIT (Department of Foreign Affairs and International Trade).

A contract from PSC (Canada’s Public Service Commission) is needed by officers working in this capacity at an executive level. A contract is not require for those officers working below an executive capacity, however assignments lasting 3 months or longer should include a formal letter of agreement (between the officer and their Canadian employer).

Furthermore, family members of officers covered under this exemption will generally be exempted from the requirement for a permit while in the country, or otherwise be issued an open work permit.

Foreign Representatives and their Family Members

Foreign representatives (as well as their personal staff and family members) could work in the country without a work permit. Foreign representatives must be accredited by the DFAIT (Department of Foreign Affairs and International Trade). Diplomatic representatives to United Nations offices in the country are as well covered by this exception.

In order to work without a work permit, family members of foreign representatives need to get a ‘no objection letter’ by the Protocol Department of DFAIT.

Positively, foreign health care students studying at foreign institutions could take part in clinical clerkships or short-term practicums in the country without acquiring work permits. Students could be studying in fields such as nursing, medicine, occupational and physical therapy, and medical technology. Such practicums must be unpaid and last no longer than 4 months.

Health Care Students

However, foreign health care students will require a work permit who will be remunerated for their work, or who will spend longer than 4 months in the country.

Judges, Referees, and Similar Officials

Referees, judges, etc. could come to Canada to take part in international amateur sports, agricultural, artistic, or competitions and cultural events.

An international amateur sport organization must host amateur sports competitions and also must be hosted by a Canadian organization. In this case, amateur is defined as a competition where athletes are not given money to compete. A positive LMIA and work permit must be obtained by referees, Judges, and similar officials who will take part in professional sports competitions.

Military Personnel

Surprisingly, military and civilian personnel in the country under the auspices of the Visiting Forces Act could work and study in the absence of permits. The families of these individuals are as well covered by these exemptions.

Furthermore, military personnel are exempt from requirements from foreign national medical examinations, for a passport, and from a temporary resident visa. If necessary, civilians and family members need to still acquire these documents.

News Reporters, Media Crews

Those who come to Canada in order to report on events in the country such as news reporters and their crews, may do so without a work permit. These could include journalists (provided the company they work for is not Canadian). Although, this does not incorporate managerial or clerical personnel except if these individuals are covering special events that will last for less than 6 months.

Briefly speaking, media crews who come to Canada need to secure work permits in order to make travelogues, documentaries, etc. Although, these decisions are left to the discretion of the Canadian Visa Officer evaluating their application.

Performing Artists

Numerous foreign performing artists could work in the country in the absence of a work permit. Although, some types of performers/performances need a work permit and LMIA (Labour Market Impact Assessment).

IRCC, formerly CIC (Immigration, Refugees and Citizenship Canada) has outlined here some familiar performers/performances and their immigration requirements:

Furthermore to the aforementioned scenarios, particular performers may work in the country in the absence of a work permit under distinct sub-categories. They are:

Additionally, guest artists who have been invited to perform with a Canadian group are covered under this exception as long as their invitation is for a ‘time-limited engagement’. This time limit is usually no more than 2 weeks (though flexibility is permitted), for the purposes of immigration. A guest artist will need a LMIA and work permit who is invited to rehearse and perform for a longer duration of time, such as a performance season.

Note that a performing artist shouldn’t enter into an employment situation in the country in order to work without a work permit. In other words, they should not be the long-term employee of a Canadian organization, establishment, or individual.

Public Speakers

Without needing a work permit, guest speakers at events, seminar leaders and commercial speakers can present in the country. The word ‘seminar’ is defined as a small class or intensive course of study no longer than 5 days (for the purposes of this exemption).

In this category, commercial speakers will have a vested curiosity in the event in which they are speaking. Usually, this means that they will rent a commercial space, advertise for the event, charge admission, etc. For their time in the country, commercial speakers who are employed by a Canadian entity need to secure a LMIA and work permit.