Canadian Legal FAQS- Temporary Foreign Workers/International Mobility Exchange
 
 

Temporary Foreign Workers/International Mobility Exchange



 
 
   
 


< Temporary Foreign Workers

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What are international mobility programs?

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International mobility programs stem from international agreements that allow Canadian employers to hire certain kinds of foreign workers. Some of these agreements make moving workers easier, as they exclude certain occupations from the labour market opinion process. Examples include the North American Free Trade Agreement (NAFTA), the Canada–Chile Free Trade Agreement, and the General Agreement on Trade in Services (GATS).

These agreements can be accessed through the International Mobility Programs links on our page of External Resources.

How can the North American Free Trade Agreement help me hire a foreign worker?

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The North American Free Trade Agreement (NAFTA) makes temporary entry into Canada from the USA and Mexico easier for four categories of business people: business visitors, professionals, intra-company transferees, and traders and investors.

Under this agreement:

  • Labour market opinions are not required.
  • In some cases, work permits may not be required.
  • In some cases work permits, if required, may be issued at the Canadian port of entry.

Business people covered by NAFTA must, however, meet all other general requirements for temporary entry to Canada.

Employers who are interested in hiring professionals from the USA and Mexico can request assessment of eligibility for LMO exemption for those workers by contacting the CIC Temporary Foreign Service Worker unit in Calgary at:

  • Telephone: 403-292-4183
  • Fax: 403-292-6843
  • E-mail: TFWU-Calgary-UTET@cic.gc.ca

What are the requirements of the various categories under the North American Free Trade Agreement?

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A professional must:

  • be qualified to work in one of the more than 60 listed professions (for example, accountants, architects, IT systems analysts, engineers, economists, foresters, hotel managers, scientists, management consultants, technical publications writers, and a variety of medical and health care professionals); and
  • have pre-arranged employment with a Canadian employer 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.

A trader or an investor must:

  • be seeking to carry out substantial trade in goods or services, mainly between Canada and her or his country of citizenship, or conduct substantial investment activities in Canada, in a supervisory or an executive capacity or in a capacity that involves essential skills;
  • meet additional requirements under NAFTA; and
  • have a work permit.

The business visitor is a separate category with separate requirements. Business visitors do not require a work permit. For more information, see the Work Permit links on our page of External Resources.

I’ve been recruiting in both the US and Mexico for temporary foreign workers with professional qualifications. What is the process to bring these professionals into Alberta?

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  1. Verify citizenship
    When hiring foreign workers from the United States and Mexico, make sure they can prove that they are citizens of one of these countries.
  2. Check NAFTA professional occupation list
    Determine if the occupation you are recruiting for is included in the NAFTA. There are over 60 professional occupations listed under the NAFTA.
    You can also contact a Temporary Foreign Worker Unit to determine if your prospective worker is LMO exempt.
  3. Check education and qualifications
    Ensure that the temporary foreign worker you want to hire has the qualifications to work in that profession. They must provide evidence that they meet at least the minimum educational requirements or have alternative credentials. Evidence includes copies of academic degrees, diplomas, professional licenses and accreditation, or registration with professional associations. Also keep in mind that the worker may have to meet the requirements of professional associations and/or licensing bodies in Alberta.
  4. Make an offer of employment
    • Provide a temporary foreign worker with the following:
      • signed contract or written offer of employment;
      • name of your company/business; and
      • details of the position including the job title, duties, duration of employment, salary or wage, and educational requirements.
  5. Foreign worker obtains a work permit (if required)
    In most cases NAFTA professionals have an option to apply for a work permit at the port of entry. If they apply at a port of entry, they need to present the following documents:
    • job offer or contract and other documents received from the employer;
    • proof of their credentials and/or educational qualifications;
    • professional licenses (if applicable);
    • proof of work experience (for example, reference letters from previous employers);
    • identification document (passport or birth certificate); and
    • proof of US or Mexican citizenship.

How can the Canada–Chile Free Trade Agreement help me hire a foreign worker?

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The Canada–Chile Free Trade Agreement (CCFTA) is modelled on the North American Free Trade Agreement (NAFTA). It makes it easier for Canadian and Chilean citizens to temporarily enter the other country.

The rules and requirements are similar to those under NAFTA and cover the four categories of business people: business visitors, professionals, intra-company transferees, and traders and investors.

For more information, refer to the booklet “Temporary entry to Canada under the Canada–Chile Free Trade Agreement—A guide for Chilean business persons,” accessible through the International Mobility Programs links on our page of External Resources.

How can the General Agreement on Trade in Services help me hire a foreign worker?

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Under the General Agreement on Trade in Services (GATS), Canada has committed to making it easier for certain business people who are foreign service providers in certain sectors to access the Canadian market. The commitments apply to service providers from more than 140 World Trade Organization member countries.

Three categories of business people are covered: business visitors, professionals, and intra-company transferees. Qualified business people can enter Canada more easily because they do not need a labour market opinion or, in the case of business visitors, a work permit.

For more information, refer to the booklet “Temporary entry to Canada under the General Agreement on Trade in Services,” accessible through the International Mobility Programs links on our page of External Resources.

I brought in a foreign worker under one of these international mobility agreements. What do I do if I want to extend the foreign worker’s contract?

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If you want to extend your foreign worker’s contract for another term, you need to give a copy of the signed extended job offer to the foreign worker so that she or he can apply for an extension of a work permit.

I brought in a foreign worker under one of these international mobility agreements. What do I do if I want to keep my temporary foreign worker permanently?

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Please note: As of August 23, 2010 the Alberta Immigrant Nominee Program has been temporarily suspended. This means the AINP is currently not accepting applications under the AINP U.S. Visa Holder Category and the AINP Family Stream. Applications postmarked after August 23, 2010 will be returned. Applications postmarked on or before August 23, 2010 will be accepted for processing. For more information, see the Government of Alberta’s Alberta Immigrant Nominee Program website.

After an international worker has worked for you for a period of time (usually a probationary period), you can decide to make an offer of permanent employment and nominate him or her through the Alberta Immigrant Nominee Program (AINP) for permanent resident status.

This Canada–Alberta program facilitates a fast-tracked process in obtaining permanent resident status in Canada.

Where can I find more information?

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For more information, see our page of External Resources.

What is the International Student and Young Worker Employment Program?

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Countries such as France, Germany, India, South Africa, the United Kingdom, the USA, Venezuela and others have signed agreements with Canada under the International Student and Young Worker Employment Program. For example, Germany offers a Youth Mobility Program.

These programs allow Canadian companies to hire foreign workers without a labour market opinion. Young workers or students from abroad are not required to secure employment in Canada in advance. In most cases, these programs allow workers from 18 to 35 years of age to obtain a permit to work in Canada for 12 months or less. Such work permits cannot be extended in Canada.

This program is for young professionals and university graduates with professional qualifications gained through apprenticeship, vocational training, or graduation from a university or technical college.

Who qualifies for the International Student and Young Worker Employment Program?

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This program is for young professionals and university graduates with professional qualifications gained through apprenticeship, vocational training, or graduation from a university or technical college in their countries.

These youth come here to gain Canadian work experience.

What is the process under the International Student and Young Worker Employment Program?

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Under most of the agreements in this program, applicants must be between 18 and 35 years.

Applicants must submit their application for a work permit and other required documents to the Canadian visa office in their home country.

When they arrive in Alberta, they can look for any job for which they qualify.

Under the International Student and Young Worker Employment Program, how long can youth work in Canada?

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Under most of the agreements in this program, applicants usually only obtain a work permit for up to 12 months.

These work permits cannot be extended beyond the specified period.

How can workers who come here under the International Student and Young Worker Employment Program extend their work period?

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Please note: As of August 23, 2010 the Alberta Immigrant Nominee Program has been temporarily suspended. This means the AINP is currently not accepting applications under the AINP U.S. Visa Holder Category and the AINP Family Stream. Applications postmarked after August 23, 2010 will be returned. Applications postmarked on or before August 23, 2010 will be accepted for processing. For more information, see the Government of Alberta’s Alberta Immigrant Nominee Program website.

If a worker who is already here wishes to remain in Alberta and continue working, the worker and the employer can use the Temporary Foreign Worker Program (which could only result in another temporary stay) or the Alberta Immigrant Nominee Program (which has the ultimate goal of immigration to Canada).

What is the Post-Graduation Work Permit Program?

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Under the Post-Graduation Work Permit Program (PGWPP), employers may hire international students who have graduated from participating Canadian post-secondary institutions to work for up to two years in a job related to their field of studies. The employer does not need to obtain a labour market opinion from Human Resources and Social Development Canada (HRSDC).

For more information, see the PGWPP links on our page of External Resources.

Can I hire an international student who has graduated from a post-secondary institution in Alberta to work as a temporary foreign worker?

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Yes, you can hire an international student as a temporary worker if the student studied in a full-time program for at least eight months prior to graduating.

To be eligible for a post-graduation work permit, international students must have graduated from public or certain private post-secondary institutions and have a job offer related to their field of study.

Work permits for students graduating from a four-year program can be issued for a maximum of two years. Students graduating from an eight-month program can get work permits valid for a maximum of eight months. A work permit under the Post-Graduation Work Permit Program cannot be valid for a period longer than the length of their studies.

Graduates from institutions located outside of Montreal, Toronto, and Vancouver with job offers outside these three cities can apply for a two-year work permit. Graduates from Montreal, Toronto, and Vancouver can apply for a one-year work permit.

Where can I find more information about international student and young worker employment programs?

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For more information, see the PGWPP and Students and Youth links on our page of External Resources.

See Also

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Other FAQs in this section
General Temporary Foreign Workers Program Alberta Immigrant Nominee Program International Mobility Exchange Recognition of Credentials Resources


This page was last updated in June, 2009.



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Content last reviewed 17:21, 24 August 2010.
 
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