In Canada, immigration policy is shaped by the distribution of legislative powers between the federal and provincial governments. The Constitution Act, 1867, the foundational document of Canada’s Constitution, outlines that immigration is a shared jurisdiction, allowing both levels of government to legislate on immigration matters. The federal government holds primary responsibility for immigration policy, but provinces can also influence immigration through agreements with the federal government. These agreements, such as the Canada–Québec Accord, allow provinces to select immigrants that meet their specific economic and demographic needs. This collaborative approach ensures that immigration policies are tailored to address regional priorities while maintaining national standards.

The primary legislation governing immigration in Canada is the Immigration and Refugee Protection Act (IRPA), which sets out the framework for the admission of immigrants and refugees. The IRPA is complemented by the Immigration and Refugee Protection Regulations, which provide detailed rules on various aspects of immigration, including the selection of skilled workers, family reunification and refugee protection. The Minister of Immigration, Refugees and Citizenship Canada (IRCC) develops policies based on these laws, ensuring they align with Canada’s economic, social and humanitarian objectives. Additionally, the Citizenship Act governs the acquisition of Canadian citizenship, further shaping the integration of immigrants into Canadian society.

Many changes to immigration policy can be made administratively without requiring legislative amendments. The federal government, specifically the Minister of IRCC, has the authority to issue ministerial instructions, which allow for flexible and responsive adjustments to immigration processes and priorities. These instructions can introduce pilot programmes, modify selection criteria or address urgent needs without the lengthy process of changing laws. Operational guidelines and manuals also play a crucial role in ensuring consistent application of policies across various immigration offices. This administrative power enables the government to adapt to evolving circumstances and efficiently manage immigration flows while maintaining compliance with existing legal frameworks.

The upcoming changes to immigration law in Canada, as outlined in the 2025–2027 Immigration Levels Plan, reflect a strategic shift towards reducing the number of temporary foreign workers and international students while controlling the influx of permanent immigrants. The federal government has introduced caps on study permits and tightened eligibility requirements for temporary foreign workers, particularly those in low-wage positions. These measures aim to alleviate pressure on housing, infrastructure and social services, ensuring sustainable growth and maintaining the integrity of immigration programmes. Additionally, the plan includes reduced targets for permanent residents, with a focus on selecting immigrants through provincial programmes that prioritise specific sectors such as healthcare, construction and technology.

These changes will significantly impact typical visa routes. For temporary residents, stricter caps and enhanced financial requirements will make obtaining study permits and temporary work visas more competitive. Employers in sectors heavily reliant on low-wage temporary foreign workers will face challenges in filling positions. The impact may vary by region, with more strain on regions with a low unemployment rate. Foreign students have also observed the paths to temporary work authorisation (post-grad work permits) and permanent residence becoming more and more challenging.

In selecting the new permanent residents, there is an increasing trend of selection through provincial programmes particularly favouring immigrants working in targeted sectors as determined by provincial governments. This shift, which is aimed at supporting balanced economic growth across the country, may negatively impact foreign executives, managers and highly qualified professionals who are not working in targeted sectors. We may anticipate further modifications to the immigration policies to retain this talent.

In Canada, sponsor-based work permits are primarily available through two programmes:

• The Temporary Foreign Worker Program (TFWP): The TFWP requires employers to obtain a Labour Market Impact Assessment (LMIA) to demonstrate that hiring a foreign worker will not negatively impact the Canadian labour market. This programme is administered by Employment and Social Development Canada (ESDC) and is based on evolving market needs. In Québec, these applications are treated jointly by ESDC and the Ministry of Immigration, Francisation and Integration (MIFI). This programme also includes the Global Talent Stream, which targets specific sectors such as information technology, engineering and scientific research. The Global Talent Stream offers expedited processing for highly skilled workers in these fields, addressing critical labour shortages and fostering innovation.
• The International Mobility Program (IMP): The IMP, conversely, does not require an LMIA. It is designed to address specific economic and labour needs, to facilitate international trade and investment, and to promote cultural diversity and exchange, enhancing Canada’s global competitiveness. Bilateral and free trade agreements fall under the IMP and facilitate the entry of professionals, intra-company transferees, specialists and investors without requiring an LMIA, thus expediting the process. While most categories under these agreements are employer-sponsored, they streamline the entry of foreign talent into Canada, enhancing international business relations and economic collaboration. The IMP also includes programmes benefiting Canadian society, such as the youth exchange programmes, exemptions for researchers and academics, and post-graduation work permits for international students. Additionally, the IMP includes open work permits for spouses of certain skilled workers and international students, facilitating family reunification and supporting the integration of foreign talent into the Canadian workforce. Finally, to facilitate the transition to permanent residence, the IMP allows for bridging work permits while the application for permanent residence is pending.

These programmes collectively ensure that Canada can attract and retain skilled workers across diverse sectors, contributing to economic growth and development.

In Canada, there are no temporary work visas that directly lead to permanent residence; however, accumulating work experience in Canada can provide access to specific programmes that facilitate the transition to permanent residence. For example, the Programme de l’expérience québécoise in Québec and the Canadian Experience Class in other provinces are designed to help temporary workers and international graduates obtain permanent residence. These programmes recognise the value of Canadian work experience and education, making it easier for individuals to integrate into the Canadian labour market and society.

The requirements for permanent residence vary by province and programme. Generally, factors considered include the applicant’s work experience, education, language proficiency and adaptability. Provincial nominee programmes often target specific sectors such as healthcare, construction and technology, selecting immigrants based on regional labour market needs. Additionally, applicants must demonstrate their ability to contribute economically and socially to the province they wish to settle in. These criteria ensure that immigrants are well suited to meet the demands of the local economy and community. While permanent immigration is generally under the federal government’s purview, the province of Québec has the entire authority to select its permanent immigrants. If an applicant has the intent to settle in Québec, they must apply under one of Québec’s provincial programmes.

The primary options available for unsponsored work and investment in Canada include the following:

The Quebec Immigrant Investor Program (QIIP)

The QIIP is designed for individuals who can make a significant investment in Québec’s economy. Applicants must have legally acquired a net worth of at least CAD2 million, and they must invest CAD1.2 million through an approved financial intermediary. They must have qualified management experience, and they must have the intent to settle in Québec.

Entrepreneur Programmes

Entrepreneur programmes, developed and administered at the provincial level, aim to stimulate economic growth and job creation, foster innovation and support regional economic development. They target individuals who wish to establish or acquire a business in a given province. Each province operates its own entrepreneur programme, but common criteria include minimum investment and net worth, business experience, minimum language requirements and job creation.

The Start-up Visa Program

The federal Start-up Visa Program is open to entrepreneurs with the intent to settle across Canada, excluding Québec. This programme aims to attract innovative entrepreneurs who can build businesses in Canada that are competitive and innovative. Applicants must secure a commitment from a designated venture capital fund, angel investor group or business incubator. Up to five applicants may apply as owners, but each applicant must hold at least 10% of the voting rights, and together with the designated organisation, they must hold more than 50% of the voting rights. Applicants must also meet minimum language requirements in English or French.

Free Trade Agreements

Free trade agreements such as CUSMA, CETA, CCOFTA, CCFTA, CKFTA, CPFTA, CUKTCA and CPTPP also allow investors and essential employees of such investors to obtain a work permit without undergoing the LMIA process. Investors must make a significant investment and enter Canada to develop and direct the operations of the Canadian enterprise. The applicant must share the same “citizenship” as the Canadian enterprise. Citizenship is defined by the citizenship of the persons having controlling interests or, for public corporations, by the market where most of the shares are traded.

Business Visitors and Work Permit Exemptions

Business visitors may enter Canada to engage in business activities without needing a work permit. They are typically authorised to attend business meetings, negotiate contracts, meet clients or partners, attend trade fairs or conferences, and participate in training sessions and similar activities where they do not compete with the local labour market. Additional categories allow for the entry of certain foreigners under a work permit exemption such as for artists, researchers, film producers, speakers and specialised personnel performing after-sales services.

Each category of business visitor that allows individuals to enter Canada is subject to specific conditions and limitations. These restrictions vary depending on the nature of the visitor category.

A business visitor cannot exceed the permitted activities. For example, a business visitor entering Canada to attend meetings is permitted only to participate in such meetings or conferences. The same applies to performers entering Canada to participate in a specific concert. Once the performance is executed, they are required to depart the country. This also applies to film producers, who must leave Canada once the production has concluded.

Short-Term Work Permit Exemption

Canada also allows for certain executives, managers and highly skilled professionals to enter Canada to perform work that would usually require a work permit; however, this short-term exemption is limited to 15 consecutive calendar days once every six months or 30 consecutive calendar days in a period of 12 months. The visitor must work in an occupation that is listed under Training, Education, Experience and Responsibilities (TEER) 0 and 1. Individuals entering under a short-term work permit exemption must leave Canada upon the expiry of the authorised period.

Visa Requirement

Applicants who require a visa must submit an online application from abroad for IRCC to assess their eligibility. If approved, a Temporary Resident Visa will be affixed to the applicant’s passport. Upon arrival in Canada, the individual must reconfirm the purpose of their visit, at which point a border services officer will determine whether entry is permitted based on the stated purpose.

Applicants who are visa-exempt may present themselves directly at the border and submit their request for entry. A border services officer will then assess whether their presence in Canada is justified as permitted under a designated business visitor category or work permit exemption recognised by the current regulatory provisions.

Visa-exempt travellers (except for US citizens) must obtain an electronic travel authorization (eTA) to be allowed entry into Canada by air. Introduced in 2016, the eTA enhances Canada’s border security by pre-screening travellers before they enter Canada. An eTA may be issued for a period of up to five years or until the passport expires, whichever comes first.

Digital Nomads

Canada recognises remote working and has adapted its immigration policies to accommodate the growing trend of global remote work. Canada welcomes digital nomads and remote workers as visitors for up to six months at a time through its Tech Talent Strategy, allowing them to stay in the country for up to six months on visitor visas while working remotely for foreign employers. Although Canada does not offer specific digital nomad visas, this policy allows them to enter as visitors and work remotely without a work permit, provided that they do not work for a Canadian employer, enter the Canadian labour market or serve Canadian clients. This approach allows remote workers to enjoy the benefits of living in Canada without violating immigration regulations.

Remote Work in Canada

Conversely, if a position offered in Canada under an employer-sponsored programme is entirely remote, the work permit application may be denied on the grounds that physical presence in Canada is not required. The rationale is that work permits are intended for roles that necessitate the worker’s presence in Canada to perform their duties effectively; therefore, positions that can be executed remotely from outside Canada may not qualify for a work permit, ensuring that the immigration system aligns with the practical needs of the labour market.

Except for the Francophone Mobility Stream (LMIA exemption code C16), which requires demonstrated proficiency in French as a condition of eligibility, there are no specific language requirements for work permits, provided that the applicant is able to perform the duties of the position in one of Canada’s two official languages, either English or French.

However, Québec has presented a draft regulation by which foreign workers who have been present in the province for three years would require a certain level of oral French in order to be issued a new work permit under the TFWP. Primary agriculture sector would be exempted from this new requirement.

In cases where the applicant does not possess proficiency in either official language, the prospective employer must be able to justify how the duties of the position can be effectively carried out. Moreover, if a language other than English or French is deemed essential for the role, the employer must provide a clear rationale for this specific language requirement.

To obtain temporary resident status in Canada for a period of six months or more, a medical examination is required only if the applicant has resided for at least six consecutive months during the year preceding their arrival in Canada in one of the countries or territories specifically designated by IRCC. Please refer here.

Work permits are typically issued with a restriction on employment in sectors such as childcare, primary/secondary school teaching and health services. To qualify for an unrestricted open work permit, a medical examination is also mandatory, even if the applicant has not resided in one of the designated countries.

Nevertheless, temporary residents are not subject to any mandatory vaccination provisions under current regulations.

Salary Thresholds

For sponsor-based work permits in Canada, applicants must meet specific thresholds in salary and qualifications. They must possess the minimum educational qualifications and experience for the National Occupational Classification (NOC) code associated with their job. Additionally, for LMIA-based work permits and certain LMIA-exempt categories under the IMP, they must be offered a wage that meets or exceeds the prevailing wage for their occupation and region and the wage offered to other workers employed in the same occupation at the same level of experience. The prevailing wage is determined using data from the Job Bank, which is managed by ESDC and Statistics Canada. The prevailing wage is typically identified as the median wage for a specific occupation in a particular geographic region and reflects the middle point of the wage distribution paid to workers in similar positions. Québec has a slightly different approach, using quartiles instead of merely the median wage. Québec publishes wage data in quartiles, which enables a determination of minimum salary based on the level of experience required for the position offered.

Labour Market Test

The TFWP requires an LMIA to confirm that hiring a foreign worker will not negatively impact the Canadian labour market. To obtain a positive LMIA, employers must generally advertise the job for at least four weeks in multiple locations including the national Job Bank and other recruitment channels such as newspapers, online job sites and professional associations based on the specific stream (high-wage or low-wage). Employers must submit a comprehensive recruitment report demonstrating that no qualified and available Canadian or permanent resident of Canada could be identified for the job offered. In some cases, the advertising requirement may be waived, including work permits presented under the Global Talent Stream or under the LMIA simplified process in the province of Québec. The exemption from the posting requirement is granted due to a recognised shortage of qualified workers.

Quotas

There are no official caps on the number of foreign workers, except for low-wage positions, where employers are limited to hiring up to 10% or 20% of their workforce as temporary foreign workers. A position is determined to be classified as low-wage or high-wage by comparing the wage offered to the median hourly wage for the province or territory where the job is located.

Sponsor Requirements

Concerning the criteria for size and structure of the sponsor, the sponsoring employer must be a legitimate, active and operational entity in Canada. The business must demonstrate financial stability and the ability to pay the wages offered to the foreign worker. The business must also comply with all federal and provincial laws, including labour and employment standards. Non-compliant employers may be banned from participating in the TFWP.

Most work permits issued in Canada are closed permits, meaning they are tied to a single employer. Not only are they employer-specific, but both the employer and the employee are required, for the entire duration of employment, to adhere strictly to the terms and conditions outlined in the job offer or employment contract approved by ESDC, MIFI (if applicable) and IRCC to ensure they are compliant. These conditions include, but are not limited to, the wage rate, employment benefits, job title, duties and responsibilities, and work location, all of which must remain consistent throughout the validity of the permit, except for standard annual wage adjustments.

Should any modification to the initial employment terms that alters the original employment conditions be contemplated, a new work permit must be obtained prior to implementing any change. The same applies for a change of position with the same employer. Alternatively, the worker may secure an interim work authorisation for a change of position/employer issued by IRCC, allowing them to begin the new role while awaiting the issuance of a new permit reflecting the updated employment terms.

In certain exceptional cases, individuals may be eligible for an open work permit, which is not tied to a specific employer or set of employment conditions. In such cases, holders of such permits may change employers or positions without applying for a new permit or obtaining prior interim authorisation from IRCC; however, they remain subject to the general conditions of stay as stipulated on their open work permit.

Criminal record certificates are occasionally required for temporary visa or permit applications and are mandatory for all permanent residence applications. These certificates, in combination with routine background checks, help Canadian immigration authorities assess an applicant’s criminal history and determine their admissibility to Canada. An applicant can be deemed inadmissible to Canada due to criminality if they have been convicted of certain offences either outside or within Canada, as well as in some cases where they committed a criminal offence in another country but were not subject to legal proceedings.

For convictions within Canada, criminal inadmissibility can arise where an individual was convicted of an indictable or hybrid offence under the Canadian Criminal Code or any other act of Parliament and can lead to the initiation of removal proceedings. Less serious offenders may benefit from a right of appeal before being removed; however, those who were convicted of serious crimes (ie, crimes punishable by a maximum sentence of at least ten years, or which resulted in a prison term of at least six months) lose their right of appeal.

An applicant may also be deemed criminally inadmissible to Canada if they have been convicted of (or, in some cases, committed) certain offences outside Canada. Non-serious criminal inadmissibility results from a conviction for an offence outside Canada that, if committed in Canada, would be punishable by way of indictment, or for having been convicted of two or more summary offences not arising from a single occurrence. Inadmissibility can also arise from serious criminality, which occurs when there is a conviction for an offence committed outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more.

If an applicant is inadmissible due to criminality or other matters but has a valid reason to be in Canada, they may nonetheless be eligible to apply for a Temporary Resident Permit (TRP), which, if granted, would allow them to temporarily enter or remain in Canada despite being inadmissible. To succeed with a TRP, individuals must generally demonstrate that their need to enter Canada outweighs any potential risk to Canadian society.

Applicants who are criminally inadmissible can also seek to overcome their inadmissibility permanently through criminal rehabilitation. Rehabilitation can occur in two ways: deemed rehabilitation and individual rehabilitation. Deemed rehabilitation occurs automatically by passage of time; it applies to individuals who have one non-serious conviction (or were found to have committed one non-serious offence) and who completed all terms of their sentence ten or more years before seeking entry to Canada. For serious criminality, individuals must instead submit an application for rehabilitation for review by immigration officials, who, in deciding whether to grant rehabilitation, consider factors such as the nature of the crime, the behaviour since the offence and the likelihood of reoffending. Those required to apply for criminal rehabilitation may do so five years after completing the sentence.

Temporary Residents

As a general principle, in the context of temporary residence permit applications, the requirements pertaining to proof of financial means are established by each visa office responsible for processing the application. When proof of funds is required, no specific monetary threshold is imposed, as the evaluation is conducted on a case-by-case basis at the discretion of the immigration officer. The officer retains the authority to assess the adequacy of financial documentation and to determine its acceptability in light of the circumstances of the case. An employer may also provide additional financial evidence to meet the criteria.

There are, however, certain exceptions where specific financial thresholds must be met to obtain a temporary residence permit. These include applications submitted under Young Professionals Stream, which requires a minimum of CAD2,500 in available funds. Similarly, applicants under investor or business start-up categories must demonstrate a minimal net worth as further detailed in 2.3 Unsponsored Work and Investment Visas.

Permanent Residents

In the context of permanent residence applications, applicants must meet defined financial thresholds based mainly on the number of accompanying dependants. These thresholds are established according to standardised scales and are periodically revised by immigration authorities (IRCC, MIFI, etc). In most cases, applicants are exempt from this requirement if they hold ongoing and indeterminate employment in Canada. Below we describe the different thresholds for settlement funds depending on the programme(s) or province through which an application is processed.

IRCC uses the Low-Income Cut-Off (LICO) figures for federal immigration programmes (Express Entry, excluding Québec) to determine the amount of settlement funds required if applicants are not currently in Canada or do not have a valid offer of employment. The precise amount, updated annually, is calculated by IRCC based on the amount of funds required to support an applicant and their family for a period of six months in Canada at the recognised poverty line that LICO establishes. As it stands in 2025, the requirement for a single applicant with no children is currently set at CAD14,690 and increases by approximately CAD3,000–$4,000 for each additional dependant included in an application.

Provinces also have the right to establish nomination programmes and set the minimum requirements for these programmes. They also have the discretion to implement settlement fund requirements that differ from those established by IRCC. In most cases, provinces will exempt applicants with an offer of employment in the respective province. Provinces with programmes that align with the federal Express Entry system, such as Saskatchewan, Ontario and Nova Scotia, will follow the settlement fund requirements established by IRCC. As provinces often have multiple programmes, however, they may establish separate requirements based on the location of the offer. These requirements may not be as high as the LICO and will vary depending on whether the offer is in a rural community where the cost of living may be lower than in a large city.

To immigrate to the province of Québec, applicants must first apply for a Certificat de sélection du Québec, which includes a minimum threshold for settlement funds. Specifically, all applicants, regardless of their job prospects in Québec, are required to commit to their financial self-sufficiency. As of 2025, the amount, updated annually, starts at CAD3,877 for a single applicant with no children and increases depending on the composition of the family, including the age of each child.

IRCC allows for Canadian citizens and permanent residents (referred to in this section as the “Sponsor”) to sponsor family members, and the requirements will differ depending on the family member being sponsored for permanent residence. If the sponsored person is a spouse or child, there is no explicit settlement fund requirement; however, the Sponsor must commit to financially supporting their family member for a set period – three years for a spouse or ten years for a child – known as the undertaking period. While there is no set documentation required to prove that a Sponsor will be able to financially support their spouse or child, IRCC generally accepts proof of ongoing employment from the Canadian citizen or permanent resident sponsoring their family member. If a different eligible family member (sibling, parent, aunt/uncle, etc) is sponsored, IRCC will follow the LICO to determine whether a Sponsor outside of Québec has sufficient funds to support their family member. Sponsors in Québec must meet separate requirements set by MIFI based on their family size and that of the family member they are sponsoring.

Apart from specific cases explicitly identified by IRCC, most applications may be submitted electronically, whether from within Canada or from abroad. In such cases, all required documents must be uploaded through the designated online submission platforms.

For certain exceptional cases that must be submitted by mail, original documents (hard copies) must be included in the paper application package.

Furthermore, visa-exempt foreign nationals who are entering or re-entering Canada may submit their application directly at a designated land or air entry point provided their application falls within a category authorised for submission at the port of entry. In such cases, paper application packages must be printed and presented to the Canadian Border Services Agency. The applications are then processed immediately, and the permits are issued on the same day as entry.

Generally, applications submitted online from outside Canada are processed electronically by the visa office designated for the applicant’s country or territory of residence; however, under certain circumstances an applicant may specifically request that the application be processed in the country of citizenship.

Conversely, applications submitted online from within Canada are processed electronically by one of IRCC’s internal processing centres, namely those located in Edmonton, Mississauga or Sydney.

The current visa processing times in Canada vary depending on the type of application and where it is filed. For LMIA-based work permits, the delay for the LMIA process can vary significantly from province to province. For example, the processing time for the Global Talent Stream is around ten business days, while the high-wage and low-wage streams can take approximately 60–90 business days.

Once the LMIA is approved, or if an application is made under the IMP, if a visa is required, the processing times can vary depending on whether the application is filed inside or outside Canada. Applications filed outside Canada can take anywhere from a few weeks to several months, depending on the applicant’s country of residence and the volume of applications received. For applications filed within Canada, the current delays are unusually long, often exceeding 240 days.

To check the most up-to-date visa processing times, you can visit the official IRCC website here.

Once an application is filed, there are specific restrictions on an individual’s travel according to Canadian immigration rules. For applications to extend a work permit from within Canada, the applicant benefits from maintained status until a decision is rendered. This means that the applicant can continue working under the conditions of their expired work permit while awaiting the decision.

However, if the applicant leaves Canada after the expiry date of their current work permit, they lose this benefit and may not be able to re-enter Canada until a new work permit is issued. Maintained status allows applicants to remain in Canada legally and continue their activities without interruption. Travelling outside Canada during this period can jeopardise their status and complicate the re-entry process.

For work permit applications filed outside Canada, it is not recommended to travel to Canada until a decision is made. This precaution helps avoid suspicion of illegal work while the application is pending. Entering Canada before the work permit is approved may lead to complications, as immigration officers might question the applicant’s intentions and compliance with immigration laws.

In summary, while applicants with maintained status can stay and work in Canada until a decision is made, they should avoid leaving the country after their current permit expires. Similarly, those applying for work permits from outside Canada should wait for approval before travelling to Canada to prevent any issues related to their application.

Generally, visa processing times in Canada cannot be expedited; however, the Global Skills Strategy (GSS) provides for expedited treatment of both LMIAs and work permits in two weeks. Under the GSS, eligible high-skilled workers, including executives and professionals in specific sectors such as information technology, engineering and scientific research, can benefit from two-week processing times for their applications. This expedited process is designed to help employers quickly attract top global talent to meet critical labour market needs. Additionally, the GSS facilitates faster entry for intra-company transferees and investors, ensuring that these individuals can contribute to Canada’s economic growth without unnecessary delays.

To be eligible under this initiative, the applicant must submit their application from outside Canada and hold a position classified under TEER 0 or 1 of the NOC, indicating a highly specialised role; moreover, the employer must have either submitted a job offer and paid the associated compliance fee through the Employer Portal (in the case of an LMIA-exempt application) or obtained a positive LMIA under the Global Talent Stream.

In Canada, unlike many other jurisdictions, there is no requirement for additional registration upon arrival; however, foreign workers must take certain steps to ensure they are properly integrated into the system. Firstly, they must apply for a social insurance number from Service Canada, which is essential for working and accessing government services. Additionally, they need to apply for provincial health insurance. Most provinces have a waiting period of up to three months before new residents are covered by the provincial healthcare system, unless they are covered by a bilateral agreement.

For employer-specific work permit applications under the TFWP, the processing fee for an LMIA is CAD1,000. In addition, for applications submitted for the province of Québec, a CAD456 fee applies for the processing of the Québec Acceptance Certificate (CAQ). Finally, a CAD155 fee is required for processing the work permit by IRCC following the LMIA. Biometric fees of CAD85 may also apply if the applicant has not provided biometric data within the past ten years.

For employer-specific work permit applications under the IMP, a compliance fee of CAD230 is required, in addition to the CAD155 work permit processing fee and CAD85 biometric fee, if applicable.

Considering that government processing fees have remained relatively stable and competitive under both the TFWP and the IMP, these fees alone do not constitute a determining factor in the fluctuation of the number of applications that are submitted.

Among the fees listed in the previous section, under the TFWP, only the amount of CAD228 corresponding to the portion of the CAQ fee related solely to the employee, as well as the CAD155 work permit processing fee and the CAD85 biometric fee, may be recharged to or disbursed by the temporary foreign workers. The employer must assume all other government fees.

Under the IMP, the employer must assume the compliance fee of CAD230. As for the TFWP, the CAD155 work permit processing fee and the CAD85 biometric fee may be charged to the temporary foreign worker.

In addition to the above, under no circumstances may recruitment-related costs, job posting expenses or fees paid by a foreign national to assist in finding or securing employment be recharged to or disbursed by the temporary foreign worker.

Canadian immigration authorities, including Service Canada and IRCC, can conduct inspections to ensure compliance with immigration regulations. Several factors can trigger an audit by IRCC or ESDC. If there are concerns about an employer’s compliance with immigration laws and regulations whether by denunciation or otherwise, an audit can be initiated. Similarly, high-risk factors such as high volume of applications and inconsistencies in application data can trigger an audit. Previous violations, complaints and reports are also considered to initiate audits. Random audits can also be conducted to ensure overall compliance and integrity within the immigration system.

For individuals, enforcement actions are typically taken for illegal presence or unauthorised work in Canada. Reports and complaints, routine inspections or investigations can lead to arrest warrants, detention and removal orders. Additionally, discrepancies or inaccuracies in the application data can lead to the conclusion of illegal work or misrepresentations. Consequences of misrepresentation can include application refusal, an entry ban, status revocation or deportation.

Employers sponsoring an employment-based visa under the IMP must adhere to several obligations. These include ensuring that the work conditions, location and occupation specified in the offer of employment and declaration submitted through the Employer Portal are met. Employers must provide temporary foreign workers with a copy of the signed employment agreement, which includes details on wages, working conditions and occupation. They must also ensure that the workers have their work permits and follow the conditions and time limits outlined on these permits. Additionally, employers must comply with provincial, territorial or federal employment laws, provide a workplace free of abuse, and ensure access to healthcare services when the worker is injured or falls ill in the workplace.

For LMIA-based work permits, the obligations are similar to those under the IMP. Employers must pay temporary foreign workers at least the prevailing wage for the position being filled for the entire period of employment. In the high-wage stream, employers offer wages at or above the provincial or territorial wage threshold, which is designed for positions requiring higher skill levels. Employers must also ensure that the employment is for a full-time position, meaning a minimum of 30 hours of work per week. Additionally, employers must pay for health insurance coverage until the workers are eligible for provincial health insurance. Employers are prohibited from charging recruitment or hiring fees to the workers and can be held responsible if a third party, such as a recruitment agency, charges these fees.

In the low-wage stream, employers have additional requirements. They must assume transportation fees for the temporary foreign workers to and from Canada, assist in securing suitable housing and ensure that the workers have access to health insurance coverage. Employers must also comply with the cap on the proportion of low-wage positions within their workforce and ensure that the employment conditions meet the standards set out in the LMIA approval.

Non-compliance with these obligations can lead to significant penalties. The severity of the penalties depends on the nature and extent of the non-compliance and whether it is repeated or not. Possible penalties include warning letters, fines ranging from CAD500 to CAD100,000 per violation, and bans from hiring temporary foreign workers through the TFWP for periods ranging from one year to permanent. Employers found non-compliant may also have their business added to a public list of non-compliant employers. Additionally, non-compliance can result in the revocation of previously issued LMIAs and restrictions on future hiring of temporary foreign workers.

Employers must take their due diligence seriously and always verify that foreign workers have valid work authorisation before hiring them. Compliance with these rules is crucial for avoiding legal, financial and reputational risks.

In Canada, employers must adhere to non-discrimination principles during the hiring process. They can enquire whether candidates are authorised to work in Canada but cannot discriminate based on nationality or immigration status. Once hired, employers have the right and duty to verify the employee’s authorisation to work by requesting a copy of their immigration documents. Employers must also keep track of the expiry dates of these documents to ensure continued compliance with immigration laws. There is no specific process mandated for these checks, but maintaining accurate records is essential for avoiding employing unauthorised workers and facing potential penalties.

All categories of temporary work permit recognise the dependant status of minor children and of the principal applicant’s spouse or common-law partner.

Specifically, children are considered dependants if they are under 22 years of age and do not have a spouse or partner, or if they are 22 years of age or older and have been financially dependent on their parents since before the age of 22 due to a physical or mental condition that prevents them from being financially self-sufficient. These children may be dependants of the principal applicant or of their spouse or common-law partner.

Spouses are recognised as dependants if they are legally married and if the marriage is valid both under the laws of the jurisdiction where it was contracted and under Canadian law. As for common-law partners, the relationship is recognised as dependent if the individuals have been cohabiting in a conjugal relationship for at least one continuous year at the time the application is submitted. A conjugal relationship is characterised by a significant degree of mutual commitment between the partners.

Depending on applicable policies for each category, which may be subject to change, dependants will not always be granted the same benefits. They may be eligible to obtain visitor records, study permits or open work permits, provided they meet the regulatory requirements specific to each category in effect at the time the temporary status applications are submitted.

Dependent spouses and common-law partners may qualify to obtain an open work permit. Since 21 January 2025, to qualify for this benefit, the principal foreign national must be authorised to work in TEER 0 or 1 occupations or in select TEER 2 or 3 occupations as determined by IRCC. Qualifying dependants may also obtain an open work permit if the principal work permit holder is an economic class permanent resident applicant or nominated or selected by a province.

If the spouse or common-law partner qualifies for an open work permit as a dependant, they may work for any employer, except for employment in businesses related to the sex trade, such as strip clubs, massage parlours or escort services. In addition, unless the dependant has undergone a medical examination to remove restrictions, they will also be limited from working in sectors involving healthcare or childcare.

Children who qualify as dependants are not eligible for open work permits; however, children who hold a study permit authorising part-time employment shall also be entitled to work, subject to the number of hours permitted under the applicable regulations (24 hours as of time of writing) and in accordance with the specific conditions outlined on their study permit, which may vary on a case-by-case basis.