Immigration Corner | Persons who can work in Canada without a work permit

Dear Miss Powell,

I have a visitor’s visa to Canada, and I was invited to work at a church convention. I was told that I do not need a work permit. Is this true? I also have a friend who wants to work in Canada. Are there persons who can work in Canada without a work permit? What do I tell the immigration officer when I go? I look forward to your urgent response.

ET

Dear ET,

If you only have a visitor’s visa and you intend to work in Canada, you most likely need a work permit. A work permit allows a foreign national to enter Canada, accept employment and receive compensation. It also authorises you to get a Social Insurance Number to pay taxes.

You must be truthful to the immigration officer and be prepared to provide supporting documents to explain the purpose of your trip to Canada. When you enter Canada, an immigration officer will evaluate if your activity falls under the category of work as defined in the policy handbook. ‘Work’ is defined in the regulations as ‘an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market’. Once they determine that you intend to indeed engage in ‘work’, they will evaluate if a work permit is required.

There are only a few circumstances in which an individual would be permitted to work on a short-term basis without needing a work permit. I will highlight a few of the circumstances below.

NO WORK PERMIT REQUIRED

If your job falls under the International Mobility Programme list of qualifying occupations and you can meet some additional requirements, then you could qualify for exemption. There is a list on the government’s website.

This list includes individuals such as an athlete, coach, aviation or civil aviation accident or incident investigator, business visitor, clergy, convention organiser, crew member, emergency service provider, healthcare student, public speaker, performing artist, news reporter, film, media crew, producer or staff working on advertisement, short-term researcher, short-term highly skilled worker, judge, referee, or similar official.

If you have official documents to prove that you fall in the above category, then you may be eligible for a work permit exemption.

CLERGY OR CONVENTION ORGANISER

Since you mentioned that you are affiliated with a church, you should note that if an ordained minister, or a member of a religious order, you may be able to qualify for a work permit exemption to do religious work in Canada. Your duties in Canada would be restricted to preaching doctrine, leading worship, and/or giving spiritual counselling.

If you are assisting in the organisation of a convention or plan to organise or managed an international convention or international meetings, you may qualify for a work permit exemption. This exemption will be only applicable to the organisers. Individuals who are providing hands-on services during the convention are required to have a work permit. Churches usually are not required to have a Labour Market Impact Assessment Report to employ a foreign national. So, if the work you are doing is not exempted, then you should talk with a Canadian immigration lawyer about applying for a work permit.

TRANSPORTATION WORKERS

This information is mainly for other readers. If you are entering Canada as a truck driver, bus driver, shipping or airline worker, you may qualify for a work permit exemption if you are working on vehicles owned and registered by enterprises outside of Canada that are used to transport cargo or passengers. The work you will be doing in Canada must be related to the operation of the vehicle or serving the passengers. If you wish to work for a Canadian employer, you must get a work permit.

STUDENTS

International students who are at a designated learning institution do not require a separate work permit. Also, if you are a healthcare student and wish to undertake employment as part of a training programme, you may be eligible for a work permit exemption. To qualify for the exemption, you must meet the four following conditions: you must be participating in clinical clerkships; the main goal of your employment is for training purposes; you must have written approval from the provincial regulatory body which regulates your profession (depending on the province); your training must last less than four months. Kindly note that if you can’t meet all the conditions, you must get a work permit.

ENTERTAINMENT PERSONNEL

If the main reason for entering Canada is to work on a foreign-financed commercial/advertising shoot for television, magazines, or other media, you may qualify for a work permit exemption. This only applies to a few select occupations, such as film producer, actor, director, technician, other essential personnel. This is only applicable to individuals who intend to be engaged in work for no more than two weeks.

A performing artist or public speaker may be exempted if you are the main artist or key support staff, you will be performing for a limited time, and you can meet other requirements.

I hope the above helps you to determine if you need a work permit to work in Canada. I strongly recommend that you seek the assistance of an experienced immigration lawyer to provide you with options based on your personal situation. The key is not to break the immigration laws in Canada and risk being refused entry, or face deportation.

Deidre S. Powell is a lawyer, mediator and notary public. You may connect with her via www.deidrepowell.com . You may also request a Zoom/tdaelephone consultation with her via her website.