Corporate Immigration 2026 Comparisons

In Canada, immigration policy is primarily shaped at the federal level by Immigration, Refugees and Citizenship Canada (IRCC), and is closely aligned with economic conditions, demographic needs and political considerations.

In the immediate post-pandemic period, IRCC pursued an expansive immigration strategy and admitted record numbers of both permanent and temporary residents (foreign workers, international students and asylum seekers) to address widespread labour shortages and to support Canada’s economic recovery.

As economic growth has slowed, however, public policy has shifted toward recalibration. There has been growing public concern about housing affordability, pressures on healthcare and demands on other public infrastructure. By way of response, the federal government has reduced permanent resident admission targets from 485,000 in 2024 to 395,000 in 2025 and further to 380,000 in 2026, as well as introducing measures aimed at reducing the temporary resident population from approximately 7.5% to 5% of the total population.

Efforts to curb immigration numbers have been implemented through a range of policy initiatives, including stricter eligibility criteria for study permits, caps on international student intake, more restrictive work permit eligibility criteria and targeted permanent residence programmes that prioritise high-demand sectors.

Public reception to these changes has been mixed. Immigration is generally recognised as being essential to Canada’s long-term economic growth and to addressing demographic challenges such as an ageing population. At the same time, there continues to be concern among some segments of the population about the pace of immigration and perceived impacts on affordability and infrastructure. As a result, current immigration policy reflects an effort to balance continued need for foreign talent to address skills shortages and fuel population growth while introducing constraints intended to address capacity challenges.

Express Entry

IRCC will be introducing significant changes to Express Entry, the federal government’s flagship permanent residence programme for economic (skilled) migrants as early as Summer 2026. IRCC is undertaking these changes in an effort to modernise the permanent residence application process and to better align permanent resident outcomes with labour market needs. These proposed amendments represent the biggest changes to the Express Entry system since this programme was established in 2015.

Background to Express Entry

To qualify for permanent residence under Express Entry, applicants must first meet the eligibility criteria under one of three permanent residence streams:

• the Canadian Experience Class (CEC);
• the Federal Skilled Worker Program (FSWP); or
• the Federal Skilled Trades Program (FSTP).

Assuming that a foreign national meets the basic criteria under one of these programmes, they can then proceed with the Express Entry process.

Foreign nationals start the Express Entry process by creating an electronic profile with their biographical information. They are then awarded points for age, education, work experience, language skills and other factors based on the Express Entry points matrix, called the Comprehensive Ranking System. Next, they are placed in a pool with all other Express Entry registrants. The Canadian government conducts periodic draws, with the highest scoring registrants being invited to move forward with the filing of a permanent residence application.

Proposed Express Entry changes

Recognising that there is significant overlap between the CEC, FSWP and FSTP, the Canadian government recently announced that it would be consolidating these programmes into a single High-Skilled programme under the Express Entry umbrella. Proposed eligibility criteria for the new High-Skilled programme include:

• minimum high school diploma or equivalent;
• moderate English or French language skills (Canadian Language Benchmark Level 6 or higher on all competencies); and
• minimum of one year of work experience in a skilled capacity.

Foreign nationals who meet the minimum criteria for the new High-Skilled permanent residence stream would then proceed with the Express Entry process, including creating an Express Entry profile, receiving a score based on the Comprehensive Ranking System and waiting for an invitation to apply for permanent residence.

Amendments to Express Entry Comprehensive Ranking System

IRCC has indicated that it is looking at modifications to the Express Entry Comprehensive Ranking System to make this criteria more responsive to labour market priorities. Recognising that wage is a strong predictor of labour market success, IRCC is considering awarding additional points to foreign nationals with past employment or a Canadian job offer in an occupation that pays more than the national median wage (physicians, professors, engineers, etc).

IRCC is also looking at other modifications to the Express Entry ranking system, including eliminating points for certain factors that do not correlate directly to labour market success. This includes phasing out points for spousal French language knowledge, for having a sibling in Canada and for having moderate French language skills.

In Canada, most work permit types require employer sponsorship. There are two primary categories of work permits:

• Labour Market Impact Assessment (LMIA)-based work permits; and
• LMIA-exempt work permits.

Service Canada is the government agency with oversight for LMIAs, while IRCC has responsibility for LMIA-exempt and other work permits.

LMIA-Based Work Permits

There are three primary streams of LMIA-based work permits.

High-wage LMIAs

This stream is open to foreign nationals who will be paid a wage that is equal to or higher than the provincial/territorial median wage. Employers must advertise the foreign worker’s proposed role in a minimum of three different advertising forums (one of which must be the federal government’s Job Bank site) for at least four weeks in the three-month period preceding the application. Assuming that no qualified Canadians apply for the position, the employer may then apply for a high-wage LMIA. If and when issued, the LMIA confirmation will allow the foreign worker to apply for a work permit authorising them to work for the employer in the occupation and location identified in their LMIA confirmation.

Low-wage LMIA

This stream is open to foreign nationals who will be paid less than their provincial/territorial median wage. The application requirements for low-wage LMIAs are more onerous than high-wage LMIAs, because low-wage LMIAs often involve lesser skilled roles, meaning that (from the perspective of the Canadian government) there should be a pool of Canadians with the right skill set to assume the position. Employers must advertise the foreign worker’s proposed role in a minimum of three different forums (one of which must be the federal government’s Job Bank site) for at least eight weeks in the three-month period preceding the application. Certain of these advertising efforts must be targeted at youth (eg, by posting advertisements in a youth employment centre). The employer must also agree to other requirements, such as paying for the foreign worker’s round-trip airfare to and from their home country.

If no qualified Canadians apply for the position, the employer may then apply for a low-wage LMIA. If and when issued, the LMIA confirmation will allow the foreign worker to apply for a work permit authorising them to work for the employer in the occupation and location identified in their LMIA confirmation.

Global Talent Stream (GTS) LMIA

This LMIA category is intended to help Canadian employers recruit and retain the world’s top talent. There are two separate streams under the GTS LMIA application.

• Category A is for employers who are seeking to fill a unique and highly specialised (unicorn) role within the company. To be eligible for an GTS LMIA under Category A, the foreign worker must have both advanced industry knowledge and an advanced degree or a minimum of five years of relevant work experience.
• Category B is based on a list of eligible STEM and tech-related occupations. To qualify for a GTS LMIA under Category B, the employer must be looking to hire a foreign worker in an eligible occupation, and must also make a series of Labour Market Benefits Commitments to benefit the Canadian labour market. This might include establishing educational partnerships with local post-secondary institutions, hiring Canadian interns, supporting employee participation in conferences and other learning opportunities and/or implementing initiatives to support the employment of under-represented groups in the workplace. In exchange for these commitments, the employer may be authorised to hire one or more qualifying foreign workers (with the number of foreign workers that can be hired correlating to the scope of the Labour Market Benefits Commitments made).

LMIA-work permits are always employer-sponsored (closed) work permits.

LMIA-Exempt Work Permits

LMIA-exempt work permits include 50+ different work permit categories, each with their own eligibility criteria and application process. Assuming that a foreign national meets the criteria for an LMIA-exempt work permit category, they can bypass the LMIA application process entirely and proceed directly with filing their work permit application directly through IRCC.

LMIA-exempt work permits may be either open (non-sponsored) or employer-sponsored (closed), depending on the work permit type. Open work permits are only available in very limited circumstances. Key LMIA-exempt work permit categories include the following.

• Intra-Company Transfer (C62, C63, C64): this work permit category is open to foreign nationals who:
1. have been employed with a multinational company outside of Canada for a minimum of one year in the past three years;
2. are transferring to a related entity (parent, subsidiary, affiliate or branch office) in Canada; and
3. will be assuming a role requiring specialised knowledge of their company’s products or technologies, or will be assuming a functional/senior managerial role in Canada.
• Free Trade Agreement Work Permit (T36, F12, F22, F32, F42, F52, T43, T52, F60, F72): Canada has Free Trade Agreements with numerous countries, which allow qualifying foreign nationals to obtain work permits. While eligibility requirements vary depending on the Free Trade Agreement, foreign nationals must generally:
1. be a citizen of a Free Trade Agreement country;
2. be working in an eligible managerial, professional or trades role;
3. have relevant education; and
4. in certain instances, meet minimum work experience requirements.
• Francophone Mobility Work Permit (C16): the intent of this work permit type is to promote the use of the French language outside of the Province of Quebec. A foreign national may qualify for a work permit if they can demonstrate minimum French speaking and listening abilities (Canadian Language Benchmark level 5 minimum) through a French language exam, or if they can provide evidence of education in the French language and have a job offer in a non-agricultural role in a province other than Quebec.
• Reciprocal Employment Work Permit (C20): this work permit type is intended to support reciprocal exchanges of Canadian and foreign workers. Most commonly, this work permit category is used by companies that employ material numbers of Canadians abroad; in exchange for generating international employment opportunities for Canadians, the company may be eligible to hire a proportionate number of foreign workers in Canada. This work permit category is also frequently used in sporting and cultural contexts, where institutions bring foreign athletes or guest artists to Canada in exchange for sending Canadian talent abroad.
• Significant Benefits Work Permit (C10): this type of permit is intended for foreign nationals with distinguished academic and professional records, whose employment will generate notable and tangible benefits for the Canadian economy, society and/or culture. This work permit category is commonly used for senior executives and other individuals with truly niche skill sets, where clear contributions will be made to Canada.
• Open Spousal Work Permit (C41): certain spouses of skilled foreign workers in Canada are entitled to open work permits. To qualify, the spouse must be in a married or common law relationship with the primary foreign worker applicant. The primary foreign worker applicant must also be working in a managerial (TEER 0) or professional (TEER 1) occupation, or be working in an eligible occupation requiring some post-secondary (TEER 2 or TEER 3). Spouses of international students may also be eligible for an Open Spousal Work Permit if the student is enrolled in a doctoral, master’s or eligible professional/undergraduate programme in Canada.
• Post-Graduate Work Permits (C43): international students may be eligible for a post-graduate open work permit if they:
1. have completed a doctoral, master’s or bachelor’s programme or other university/college programme in a qualifying field in Canada, of at least eight months in duration;
2. attended a recognised post-secondary institution (Designated Learning Institution) in Canada;
3. maintained full-time student status throughout their studies; and
4. met certain language minimums as demonstrated through an English or French language test.
• International Experience Canada (IEC) Work Permits (C21): this work permit category is open to foreign nationals from countries that hold bilateral youth mobility agreements with Canada. While the eligibility requirements vary from country to country, IEC work permit applicants must generally be between the ages of 18 and 35, have citizenship in a participating country and have at least CAD2,500 in funds to support themselves in Canada. There are three separate IEC streams, not all of which are available to all nationalities:
1. the Youth Working Holiday Program (open work permit) for foreign nationals seeking to work while travelling in Canada;
2. the Young Professionals Program (employer-sponsored, closed work permit) for foreign nationals looking to acquire early career work experience in Canada; and
3. Co-op work permits (employer-sponsored, closed work permit) for youth who are looking to acquire work experience as part of their programme of study.

Generally speaking, there are no work permit types that lead directly to permanent residence in Canada. However, accruing Canadian work experience on the basis of a valid work permit can make a foreign national more competitive in the permanent resident application process. Express Entry, Canada’s flagship permanent residence route for economic class immigrants (see 1.2 Upcoming Policy Changes), works on a points-based system, with points being awarded to applicants for biographical factors such as education, work experience and language skills. The highest scoring applicants may then be invited to submit an application for permanent residence. Applicants are eligible for points for their work experience in Canada, ultimately making them more competitive in the Express Entry application process.

Eligibility for Permanent Residence Under Express Entry

To be eligible for permanent residence under Express Entry, applicants must meet the basic eligibility criteria under one of three streams.

• Canadian Experience Class: applicants must have a minimum of one year of full-time work experience in a skilled occupation in Canada within the past three years, coupled with moderate English or French language skills (Canadian Language Benchmark 7 for TEER 0 managerial/TEER 1 professional occupations and Canadian Language Benchmark 5 for TEER 2 and 3 occupations requiring a college diploma/trades certificate or equivalent).
• Federal Skilled Worker Program: applicants must have at least one year of continuous and paid work experience in a skilled occupation, along with moderate English or French language skills (Canadian Language Benchmark 7). Applicants must also score a minimum of 67 points on a points-based matrix, with points being awarded for factors such as education, language skills and work experience.
• Federal Skills Trades Program: applicants must have a minimum of two years of full-time paid work experience within the past five years in an eligible trade occupation. Applicants must also have a full-time job offer or a Canadian certificate of qualification in the trade. In addition, applicants must have moderate English or French language skills (Canadian Language Benchmark 5 in speaking and listening, and Canadian Language Benchmark 4 in reading and writing).

Assuming that an applicant meets the basic eligibility criteria for one of the above permanent residence streams, they can proceed to create an electronic Express Entry profile and will then be awarded points based on the Express Entry Comprehensive Ranking System. If the applicant scores highly enough on this points matrix, they may be invited to proceed with an application for permanent residence.

Canada offers relatively few pathways for unsponsored work permits, as most work permits require a Canadian employer sponsor. That being said, several important categories do allow foreign nationals to work in Canada without an employer sponsor, particularly international graduates, spouses, entrepreneurs and youth mobility participants.

Open Work Permit Options

An open work permit authorises a foreign national to work for their employer of choice in Canada. Key open work permit categories include the following.

• Open Spousal Work Permits (C41) are available to eligible spouses or common law partners of certain high-skilled foreign workers and international students.
• Post-Graduation Work Permits (C43) are issued to international graduates of qualifying Canadian post-secondary institutions, allowing graduates to obtain Canadian work experience after completing their studies.
• Bridging Open Work Permits (A75) may be available to foreign nationals who are already in Canada, who have submitted an eligible permanent residence application and who are awaiting a final decision. Such permit will allow them to continue living and working in Canada until they transition to permanent resident status.
• International Experience Canada (C21): foreign nationals may obtain open or employer-specific work permits issued under bilateral youth mobility agreements with participating countries.

Entrepreneur and Investment-Based Work Permit Options

Canada does not have a dedicated “golden visa” or passive investment residency programme, but there are several pathways for entrepreneurs and business owners seeking to establish or acquire businesses in Canada.

The principal federal option is the Business Owners Significant Benefits (C11) work permit, which allows entrepreneurs and self-employed individuals to obtain a work permit where they can demonstrate that their business activities will provide significant economic, social or cultural benefit to Canada. This category is commonly used by founders establishing start-ups, purchasing Canadian businesses, or operating specialised consulting or service companies.

In addition, most Canadian provinces and territories operate entrepreneur-focused streams through their Provincial Nominee Programs (PNPs), which generally require applicants to:

• establish or acquire a business in the province;
• make a minimum investment;
• actively manage the business; and
• create an economic benefit or local employment.

Successful applicants are typically first issued a temporary work permit and may later become eligible for permanent residence after meeting certain business performance conditions.

Bilateral and International Agreement-Based Work Authorisation

Canada participates in a number of bilateral and multilateral agreements that allow qualifying foreign nationals to obtain work permits to establish, operate and support a business. Key Free Trade Agreements include:

• the Canada–United States–Mexico Agreement (CUSMA);
• the Comprehensive Economic and Trade Agreement (CETA);
• the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP); and
• the Canada–United Kingdom Trade Continuity Agreement (CUKTA).

These agreements permit certain professionals, intra-company transferees, investors and traders from member countries to obtain LMIA-exempt work permits, although most still require a Canadian job offer.

Business visitors to Canada are permitted to engage in a limited range of commercial and professional activities without obtaining a work permit, provided that they do not enter the Canadian labour market. In general, business visitors must not perform “hands-on” work for a Canadian entity nor receive remuneration from a Canadian source.

Examples of acceptable business visitor activities might include:

• attending discussion-based meetings with Canadian colleagues or clients;
• touring facilities or participating in site visits;
• giving or receiving intra-company training;
• attending conferences, seminars or trade shows;
• negotiating contracts on behalf of a foreign employer; and
• engaging in after-sales service or warranty repair work in certain circumstances.

It is expected that business visitors will continue to maintain their employment and place of residence outside of Canada and will be paid outside of Canada.

The question of whether a foreign national requires a work authorisation depends primarily on the nature of the activities being performed rather than the duration of their stay. As a result, even short-term activities in Canada may require a work permit if they constitute work under Canadian immigration legislation.

Short-Term Work Permit Exemption

Canada offers a short-term work permit exemption to certain high-skilled workers coming to Canada for a time-limited period. Foreign nationals working in a managerial or professional capacity (TEER 0 or TEER 1) may qualify for a work permit exemption if:

• they will be working in Canada for 15 consecutive days or less in a six-month period; or
• they will be working in Canada for 30 consecutive days or less in a calendar year.

Entry Requirements

Canada’s entry requirements depend on a foreign national’s citizenship. Citizens of visa-exempt countries do not need a Temporary Resident Visa (TRV) to travel to Canada, although they will require an electronic Travel Authorization (eTA) if travelling to Canada by air. Citizens of visa-required countries must apply for a Temporary Resident Visa in advance through a Canadian visa office abroad in order to travel to Canada for any purpose.

Citizens of visa-exempt countries must apply for and obtain a Canadian eTA before boarding a plane to Canada. In addition to passport and personal information, eTA applicants are asked for details about criminal convictions and serious health conditions for admissibility screening purposes. An eTA is not required for entry to Canada by land or sea.

Citizens of visa-required countries must always apply for a TRV in advance of their travel through their local Canadian visa office.

Remote work is an acceptable business visitor activity, provided that the foreign national continues to be employed and paid outside of Canada, and is not doing any work for the benefit of a Canadian company or Canadian clients. Foreign nationals may enter Canada for remote work purposes for up to six months per entry. Visa-exempt foreign nationals may request to be admitted to Canada as business visitors for remote work purposes at a Canadian port-of-entry, and visa-required foreign nationals must apply for a TRV in advance through a visa office abroad.

Language test results are not required for TRV or other visitor entry requests, but may be required for specific work permit categories.

Francophone Mobility Work Permit

Under Canada’s Francophone Mobility (C16) work permit category, foreign nationals may be eligible for a work permit if they complete a recognised French language exam and demonstrate moderate French language speaking and listening skills (Canadian Language Benchmark level 5) or, alternatively, can provide evidence of education in the French language. Applicants must also have a job offer outside of the Province of Quebec, and must be working in a non-agricultural role.

Post-Graduate Work Permits

International graduates applying for a Post-Graduate Work Permit (C43) must provide English or French language test results from a recognised testing agency to show that they meet certain language benchmarks, with the benchmarks being tied to their programme of study. Graduates of doctorate, master’s, bachelor’s and other university programmes must achieve Canadian Language Benchmark level 7 on all competencies, and graduates of college and polytechnical institutions must achieve Canadian Language Benchmark level 5 on all competencies.

Other Work Permit Types

While language test results are not generally required for most other work permit types, it may be advisable for applicants to provide language test results, particularly in support of LMIA-based work permit applications filed through a visa office abroad. Officers may want to see evidence that the applicant can function in the workplace language (English and/or French) listed on their LMIA confirmation, and may request language test results and/or reject the application if the applicant does not appear to have prior work or education in the workplace language.

A medical examination is generally required for foreign nationals who are seeking entry to Canada for six or more months and who have resided in a designated country (eg, a country with a higher-than-average rate of certain communicable diseases) for more than six consecutive months in the past year. The medical examination requirement is triggered by country of residence rather than country of citizenship.

A medical examination is also required for foreign nationals who will be working in healthcare, childcare, education and other settings where they will be coming into close contact with members of the Canadian public. This requirement applies regardless of the applicant’s country of residence.

Finally, all applicants for permanent residence must complete a medical examination as part of the permanent residence application process.

All immigration medical examinations must be completed by a designated physician who has been authorised by IRCC to administer these examinations. There are IRCC-designated physicians in most global jurisdictions.

Sponsor requirements in Canada vary depending on work permit type.

Wage Floor

Certain Canadian work permit types have a mandatory wage floor, notably LMIA-based work permits. To qualify for an LMIA-based work permit of any type (including the High-Wage Stream LMIA, the Low-Wage Stream LMIA and the GTS LMIA), employers must offer the foreign worker at least the median wage for their occupation and region. The median wage is based on data gathered by Statistics Canada regarding the average wage that is paid to a mid-career Canadian employed in a particular occupation in a particular region. Additionally, for certain Category B occupations under the Global Talent Stream LMIA programme, employers are required to pay the foreign worker a premium above and beyond the median wage.

The other key work permit category with a mandatory wage floor is the Intra-Company Transfer (C61, C62 and C63) work permit category for foreign nationals who are transferring from a global office to a related Canadian entity. Employers must pay applicants under this category at least the median wage for their occupation and region.

Other LMIA-exempt work permit categories do not have a mandatory wage floor. However, adjudicating officers may take the foreign worker’s proposed wage into account if an assessment of the applicant’s potential benefits to Canada or unique knowledge is required for the work permit type. For example, if a foreign national seeking a Significant Benefits to Canada (C10) work permit is being paid significantly less than the median wage for their proposed occupation and region, this may raise questions as to whether the applicant truly has a critical skill set.

When assessing the median wage, IRCC will consider base salaries and guaranteed compensation only; discretionary compensation, such as non-guaranteed bonuses or overtime pay, cannot be factored into median wage calculations.

Qualifications

Canada has established a National Occupational Classification (NOC) system, which is intended to capture all possible occupations and job titles. A NOC profile associated with each occupation sets out key job titles and duties associated with that NOC, along with required education, professional licensures and work experience.

As part of any LMIA-based or LMIA-exempt work permit application, the employer must identify the NOC code that is best aligned with the foreign worker’s proposed occupation. IRCC will compare the foreign worker’s proposed NOC against the educational and licensing requirements set out in the associated NOC code to confirm that the applicant meets the minimum NOC requirements. If a foreign national does not have the education and/or professional licence identified in their NOC code, this can be a basis for refusing the work permit application.

Resident Labour Market Test/Quotas

As part of the High-Wage and Low-Wage LMIA streams, employers are required to test the Canadian labour market to show that there are no qualified Canadians who are willing and able to assume a foreign worker’s proposed role before they can proceed with an LMIA application. This labour market test involves advertising the foreign worker’s proposed role for a minimum of four weeks in at least three different forums (High-Wage LMIA stream) or eight weeks in at least three different forums with one or more activities targeting Canadian youth (Low-Wage LMIA stream). To the extent that qualified Canadians apply for the position, the employer will be ineligible for an LMIA.

In addition to the above, there is a cap on the number of foreign workers under the Low-Wage LMIA programme that can be employed with a particular employer in a particular work location. With limited exceptions, foreign workers on Low-Wage LMIA-based work permits cannot account for more than 10% of the employer’s total workers at that workplace location.

A further work permit category with quotas is the International Experience Canada Program. This work permit category is based on reciprocity; participating countries must make work permits available to Canadian youth in order for their own country’s youth to have access to Canadian work permits. Citizens of each participating country are eligible for a fixed number of work permits each year based on the agreement between Canada and the participating country.

Employer Size/Structure/Turnover

Strictly speaking, there are no minimum requirements relating to revenue, capitalisation, employee headcount or size that must be met in order for an employer to sponsor a foreign worker in Canada. However, adjudicating officers may take these factors into account to assess whether a business has a genuine need for a foreign worker along with the ability to meet salary and other related commitments. The genuineness of the employer’s need for a foreign worker along with the legitimacy of the business play a key role in LMIA determinations in particular.

Most Provincial Nomination Programs do have minimum requirements for an employer to sponsor a foreign national for permanent residence. While these requirements vary by province, they may include minimum headcount numbers and years of operation.

Employer-sponsored (closed) work permits are tied to one particular employer in Canada. If the foreign worker separates from the Canadian employer due to a resignation or termination, they will generally be required to restart the work permit application process and secure a new work permit before accepting work with a new employer in Canada.

In the past, IRCC has discussed the possibility of issuing sector-specific work permits for industries with highly vulnerable workers, such as agriculture and food processing, which would enable these workers to leave abusive workplaces and take another position within the same industry. However, as of today’s date, there are no firm commitments on IRCC’s part to launch any sort of sector-specific work permit.

Work Permit Applicants

Visa-required foreign nationals must always file a work permit application in advance through a visa office abroad. Visa-exempt foreign nationals have the option of applying in advance through their local visa office or requesting their work permit on arrival at a Canadian port-of-entry, depending on their preference.

Applicants applying for a work permit through a visa office abroad will undergo a background and security check as part of the application process to verify that they have no inadmissibility issues. Depending on the visa office, applicants may also be required to submit police clearance certificates from all jurisdictions where they have lived for six or more months since the age of 18. However, this is not a standard requirement across all visa offices.

Applicants who intend to apply for their work permit on arrival in Canada will undergo a background check as part of the eTA application process, and Canada Border Services officers may also review available databases to confirm whether a port-of-entry applicant has any criminal or other potential inadmissibility issues. Applicants are generally not expected to present police clearance certificates at the port-of-entry unless they have an admissibility concern.

Permanent Residence

All applicants for permanent residence aged 18 or older must submit police clearance certificates from every jurisdiction where they have lived for six or more consecutive months within the last ten years or since the age of 18 (whichever period of time is longer). The Canadian government also conducts in-depth criminal, security and other background checks as part of the permanent residence application process.

Criminal Inadmissibility

Sections 36(1) and (2) of Canada’s Immigration and Refugee Protection Act establish that foreign nationals may be inadmissible to Canada if they have committed or been convicted of a crime abroad which, if committed in Canada, would constitute an indictable offence.

To assess inadmissibility, applicants must identify the Canadian crime (and associated penalty) that is equivalent to the offence that was committed abroad.

Canadian immigration law distinguishes between serious criminality and criminality, which have different implications for inadmissibility. Serious criminality refer to crimes that, if committed in Canada, would be punishable by maximum prison terms of ten years of more. Criminality refers to all indictable offences with lesser maximum prison terms.

Foreign nationals who are inadmissible to Canada due to non-serious criminality can apply for a Temporary Resident Permit to enter Canada if it has been less than five years since they completed the sentence associated with the offence and have a compelling reason to enter Canada. If more than five years have passed since the foreign national completed their sentence and they have not been involved in any further criminal incidents in the interim, they have the additional option of applying for criminal rehabilitation, a process which requires applicants to show that they are unlikely to re-offend and do not pose a danger to society. If successful, the foreign national will be recognised as criminally rehabilitated and can enter Canada and remain in Canada without further impediments.

If the foreign national was only involved in a single indictable-equivalent offence, they may become deemed rehabilitated after ten years have passed since completion of the sentence. No formal application is required for this status, although foreign nationals do have the option of providing police records and other relevant documents to a Canadian visa office abroad to obtain confirmation of their deemed rehabilitation status. As with criminal rehabilitation, deemed rehabilitation is a permanent resolution to inadmissibility, and foreign nationals who are deemed rehabilitated should be able to enter Canada without further issues.

Foreign nationals who are inadmissible due to serious criminality are only eligible for a Temporary Resident Permit or criminal rehabilitation (if more than five years have passed since they completed the sentence associated with the offence). The processing of a Temporary Resident Permit or criminal rehabilitation application for an applicant who has committed a serious criminal offence can take a year or longer, and must be approved by the Minister of Immigration or their delegate.

Foreign nationals who are applying for a TRV or work permit through a Canadian visa office abroad may be required to provide proof of funds to support themselves while in Canada. The proof of funds requirement varies from visa office to visa office. There is generally no fixed minimum amount of funds that temporary resident applicants must show, but immigration officers will assess whether the applicant’s financial resources are reasonable in light of the purpose and duration of the stay. The one exception to this is International Experience Canada work permit applicants; these foreign nationals must demonstrate access to minimum funds of CAD2,500 to support themselves while in Canada.

Permanent resident applicants may be required to show evidence of settlement funds meeting specific thresholds based on their family, with the size depending on which PR stream they qualified under (Canadian Experience Class, Federal Skilled Worker Program or Federal Skilled Trades Program).

The method of submission varies depending on the work permit type and the location of filing.

LMIA-Based Work Permits Versus LMIA-Exempt Work Permit

LMIA applications must be submitted electronically through Service Canada’s LMIA Online portal. All submission materials are uploaded in electronic form, including the legal representative’s submission letter, the company support letter and other company support materials. No hard copy documents are required. Once an LMIA confirmation has been issued, the foreign worker will then file the associated work permit through the local Canadian visa office (electronically) or upon arrival at a Canadian port-of-entry (by hard copy), depending on their nationality and preference.

Foreign nationals who are eligible for LMIA-exempt work permits can bypass the LMIA application process entirely and proceed with filing their work permit application at their local visa office (electronically) or at a Canadian port-of-entry (by hard copy), depending on their eligibility and preference. However, as part of the LMIA-exempt work permit application process, employers must make an electronic filing called an Offer of Employment, which records the foreign worker’s occupation, duties, wages and other working conditions for future government audit purposes.

Visa Office Applications

Foreign nationals who are applying for a work permit through a Canadian visa office abroad must submit their applications electronically. All supporting materials – including the legal representative’s submission letter, the company support letter, required forms and the foreign national’s biographical documents (passport identification page, resume, copies of educational credentials, etc) – must be uploaded and filed via IRCC’s online system. No hard copy submissions are required.

Port-of-Entry Applications

Visa-exempt foreign nationals who are applying for a work permit on arrival at a Canadian port-of-entry must submit their applications in hard copy.

For foreign nationals who are filing for a visa or a work permit through a Canadian visa office abroad, the application will generally be processed by the visa office responsible for their country of residence (as opposed to their country of citizenship).

Historically, IRCC has been willing to modify or relax certain application requirements on a situation-by-situation basis, recognising that war, civil strife, natural disasters and other circumstances can make it challenging or impossible for local residents to complete the visa/work permit application process. For example, recognising that most Venezuelans cannot currently obtain new passports due to domestic unrest, IRCC is allowing Venezuelans to apply for visas/work permits with expired passports, provided that the passports have not been expired for more than five years. Similarly, following the outbreak of war in the Ukraine, IRCC introduced a special pathway that allowed Ukrainians to obtain three-year work permits in Canada without a job offer and on a fee-exempt basis.

Visa and work permit application processing times vary depending on the responsible Canadian visa office, ranging from a few weeks to six or more months depending on the locale. Citizens of countries with ongoing conflicts or countries that are deemed to be a security concern for Canada may face longer processing times due to more intensive security and other background checks.

Certain work permit types – including Global Talent Stream-based work permit applications and LMIA-exempt work permit applications for managerial and professional occupations – are eligible for expedited two-week processing (excluding the time it takes to provide biometrics and to submit passports for visa issuance). IRCC aims to meet this two-week processing standard in 80% of eligible cases.

For foreign nationals who are applying for their work permits at a Canadian port-of-entry, the work permit will be processed on the spot. Barring unforeseen complications, the foreign national should be issued their work permit as soon as the reviewing officer has reviewed their application package and rendered a positive decision.

Generally speaking, there are no travel restrictions once a foreign national has filed a visa or work permit application through a Canadian visa office abroad.

While applicants are required to provide biometrics at a Canadian Visa Application Centre (VAC) post-filing, they can provide biometrics at a VAC in any country if they have departed from their country of residence in the interim. Similarly, once an applicant’s visa or work permit application has been approved, they can submit their passport to a VAC anywhere in the world for the issuance of their TRV.

The only potential travel restriction is when a foreign national has to submit their passport to a Canadian VAC for visa issuance. Typically, the VAC and IRCC will have custody of the applicant’s passport for a total of five to ten business days while the visa stamp is being issued. During this period, the foreign national will be without their passport and may not be able to travel internationally unless they have a second passport.

In Canada, there is no formal avenue for requesting expedited visa or work permit processing. Similarly, there is no option to pay for premium or expedited processing.

If a foreign national needs to travel to Canada urgently for work, personal or other purposes, the only option is to reach out to IRCC to highlight the urgent nature of the travel (usually via webform). IRCC will typically only action such requests in the event of a family emergency (eg, death of a family member in Canada) or for critical business reasons. Urgent processing requests are considered on a case-by-case basis; if the reviewing officer deems the request to be appropriate, the application may be processed on an expedited basis.

Upon arrival in Canada, work permit holders must apply for a Social Insurance Number (SIN) through a government agency called Service Canada. A SIN is required for payroll and other tax purposes. Foreign workers must provide their employer with their SIN within three days of the date when they first start work in Canada.

On or before their first day of employment, work permit holders must also provide their Canadian employer with a copy of their work permit, so that the employer can verify their eligibility to assume their proposed role.

Work permit holders are eligible for publicly funded healthcare coverage, although most Canadian jurisdictions have a three-month waiting period before coverage begins. A foreign national’s employer will generally provide them with the forms that are required to enrol for healthcare coverage.

There are no local or provincial registration requirements in Canada.

Temporary resident visa and work permit costs are modest in Canada compared to many other jurisdictions. The fee for a work permit and associated visa is CAD155. There is also a fee of CAD85 if the applicant is required to provide biometrics, and the employer must pay the LMIA processing fee of CAD1,000 if the foreign national is applying for an LMIA-based work permit or the Offer of Employment filing fee of CAD230 if the foreign national is applying for an LMIA-exempt work permit. In recent years, IRCC has introduced small fee increases across various work permit types in an effort to recoup costs. However, Canadian visa and work permit fees are not generally a deterrent to potential applicants.

In Canada, employers are accountable for paying certain costs associated with the work permit application process. The employer’s responsibility pivots on whether an immigration application is considered to be employer-driven or personal to the foreign worker.

For foreign nationals who are seeking LMIA-based work permits, the employer is responsible for paying the CAD1,000 LMIA application fee, as well as any ancillary costs associated with the LMIA application process, such as advertising and recruitment fees. The LMIA application is an employer-driven process.

For foreign nationals who are seeking an LMIA-exempt work permits, the employer is responsible for the CAD230 Offer of Employment fee, as this is an employer-driven submission.

Employers are not generally required to pay for work permit, visa, biometrics and related fees, as these applications are seen as being personal to the foreign worker.

Foreign Worker

In Canada, enforcement action in an employment context is generally targeted at the employer rather than the foreign worker. However, a foreign worker may face government enforcement action if they are found to be working without a valid work permit or for an employer that is not listed on their work permit. Similarly, they may be the target of enforcement action if they have engaged in misrepresentation, which might include providing false information in a work permit or other immigration application, or collaborating with an employer in a scheme to fraudulently obtain a work permit for a job that does not exist.

A foreign worker who works without proper authorisation or is found to have engaged in misrepresentation may face a removal order and/or ban from returning to Canada for a period of time.

Employer

Immigration audits are the main vehicle used by the Canadian government to identify instances of immigration non-compliance. Employers may be selected at random for an audit or, alternatively, an audit may be triggered in response to a tip from a member of the public or other suspected non-compliant practice.

Most audits are paper-based and are focused on one or more specific foreign workers. Employers will be asked to provide a series of documents to prove that they have provided the foreign worker with the same occupation and substantially the same wages and working conditions as were set out in their LMIA confirmation (for LMIA-based work permit holders) or Offer of Employment (for LMIA-exempt work permit holders), and have otherwise met their immigration obligations.

The Canadian government also has the latitude to conduct unannounced site visits if there is suspected immigration non-compliance. Officers have broad powers in the context of site visits, including the right to review any relevant documents (payroll records, employment contracts, etc), make copies of these documents, interview the company’s Canadian and foreign workers, and inspect the physical workplace.

To the extent that an employer is found to be non-compliant with one or more immigration obligations, they may face a range of penalties, including fines, bans on hiring foreign workers for a period of time and inclusion on a publicly available list of non-compliant employers.

“Substantially the Same”

The “substantially the same” principle is the central immigration obligation imposed on Canadian employers. Companies that employ foreign workers in Canada must provide foreign workers with the same occupation and substantially the same wages and working conditions as were set out in the foreign worker’s LMIA confirmation (for LMIA-based work permits) or Offer of Employment (for LMIA exempt work permits).

“Substantially the same” – occupation

Occupation is tied to the NOC code associated with the foreign worker’s role, as identified in their LMIA confirmation or Offer of Employment. While a foreign worker can assume expanded or amended duties that continue to fall under the same occupational classification, they cannot assume a role falling under a new NOC without first applying for a work permit amendment. This principle applies to both LMIA-based and employer-sponsored LMIA-exempt work permit holders. There are generally no restrictions on changes of occupation for open work permit holders.

“Substantially the same” – wage

Employers must provide foreign workers with the wage that was identified in their LMIA confirmation or Offer of Employment. There is limited latitude to grant wage increases to LMIA-based work permit holders; under Service Canada policy, salary increases are limited to:

• 2% per year;
• the rate of inflation; or
• any increase for the median wage for that occupation.

Employers have more flexibility to grant wage increases to foreign nationals on employer-sponsored LMIA-exempt work permits. Raises for employer-sponsored LMIA-exempt work permit holders are usually acceptable, provided that such salary increases are not indicative of a change in occupation. There are generally no restrictions on wage increases for open work permit holders.

“Substantially the same” – working conditions

Employers must provide foreign workers with substantially the same working conditions (location of employment, hours of employment, benefits, etc) that were initially represented to them. For LMIA-based work permit holders, employers generally cannot modify their hours of work per week (LMIA-based work permit holders must be employed for a minimum of 30 hours per week) or their location of work (the foreign worker can only work in locations identified in their LMIA confirmation and work permit). Changes to benefits may be permissible if these changes are in the foreign worker’s interest, but must be considered on a case-by-case basis.

For employer-sponsored LMIA-exempt work permit holders, changes to working hours and benefits may be permissible if such changes are favourable to the foreign worker. However, as with LMIA-based work permit holders, the foreign worker can only work in the location listed in their Offer of Employment and work permit. There are generally no restrictions on working condition changes for open work permit holders.

Other Immigration Compliance Obligations

Other key immigration obligations imposed on Canadian employers include that:

• employers must ensure all foreign workers are properly work authorised;
• employers of foreign workers must comply with all relevant employment, workplace safety and human right laws;
• employers must make reasonable efforts to provide foreign workers with a workplace that is free of abuse;
• employers must retain records pertaining to the foreign worker’s employment (copy of work permit, copy of LMIA confirmation/Offer of Employment, copies of payroll records, copy of position description, etc) for a period of six years from the date when the foreign worker first started work; and
• employers must co-operate with government inspectors.

Penalties for Non-Compliance

Employers who are found to be immigration non-compliant in the course of a government audit face a range of penalties, which correlate with the seriousness of the offence. Employers may face fines of up to CAD100,000 per instance of immigration non-compliance, with a total maximum cap of CAD1 million per year. Employers may also be banned from hiring a foreign worker for a period of one, two, five or ten years, and in egregious circumstances may be banned from hiring foreign workers permanently. In addition, employers who receive a fine or a ban will be included on a publicly available list of non-compliant employers.

While Canada does not have a formal Right to Work check requirement as in the United Kingdom or the United States, Canadian employers do have a legal obligation to ensure that all foreign nationals are employed only in authorised capacities, pursuant to Section 124(1)(c) of the Immigration and Refugee Protection Act.

Practically speaking, this means that employers in Canada have a due diligence obligation to request and review a foreign worker’s work permit on or before their first day of work to verify that the foreign worker is authorised to work for the company in that particular occupation and in that particular location. The employer is required to retain a copy of the foreign worker’s work permit along with other key immigration documentation (eg, a copy of LMIA confirmation or Offer of Employment) for a period of six years starting on the foreign worker’s first day of employment.

Work permit applicants are entitled to bring eligible family members with them to Canada.

Married and Common Law Spouses

Under Canadian immigration law, a foreign national is entitled to bring their spouse with them to Canada. Both married and common law couples qualify as spouses. A couple is generally considered to be common law once they have cohabitated for a minimum of one year. Canada recognises same-sex relationships; foreign nationals in married or common law relationships with a same-sex partner may bring their spouse to Canada.

Dependants

Dependant children may also accompany their foreign worker parent to Canada. To qualify as a dependant child, the child must be under the age of 22 years old and not be married or in a common law relationship. Both biological and adopted children meet the definition of dependant child. Step-children may also qualify, provided that they are the biological or adopted children of the primary work permit holder’s spouse.

Where a dependant child will not be accompanied in Canada by one of their biological parents, the foreign worker will need to provide a copy of a custody agreement, consent letter or other legal authorisation to take the child to Canada.

Dependant children are authorised to attend primary and secondary school while in Canada, and may be eligible for a study permit or a visitor record as follows:

• visa-required dependant children must apply for a study permit through a Canadian visa office abroad in advance of their travel to Canada; and
• visa-exempt dependant children may apply for a visitor record upon arrival at a Canadian port-of-entry or apply for study permit through a Canadian visa office abroad in advance of their travel to Canada, depending on their preference.

Both a study permit and a visitor record authorise a foreign national dependant to attend primary and secondary school in Canada. Dependant children will be issued study permits/visitor records valid for a period concurrent with the principal work permit holder’s status.

Dependant children who wish to study at the post-secondary level must apply to and be accepted to a Canadian post-secondary institution and then apply for a separate study permit.

Children aged 22 years old and above may still qualify as dependants if they have a mental or physical condition that requires substantial parental support. To be eligible, the child must have depended substantially on parental financial support since before the age of 22 years old.

In certain circumstances, an accompanying spouse may be eligible for an Open Spousal Work Permit. Dependant children are not generally eligible to work in Canada.

Spouses of certain foreign workers are entitled to Open Spousal Work Permits, which allow the holder to work for their employer of choice in Canada. To qualify for an Open Spousal Work Permit, the primary work permit holder must have a job offer to work in a NOC 0 (managerial) or NOC 1 (professional occupation). Select NOC 2 and 3 occupations are also entitled to Open Spousal Work Permits (with eligible NOC 2 and 3 occupations being concentrated in STEM, healthcare and the trades). Spouses who are ineligible for Open Spousal Work Permits may instead apply for a visitor record, which allows the holder to reside in Canada but does not authorise work. Alternatively, ineligible spouses may qualify for a work permit in their own right.

Dependant children are not eligible for a work permit on the basis of a foreign worker parent’s status. In limited circumstances, a dependant child might qualify for a work permit in their own right (eg, an International Experience Canada youth working holiday work permit), which might allow them to take up employment.