Pivot Legal

Canadian immigration policy has established itself as an important mechanism to address the needs of the economy. As recent news articles illustrate, the fallout from such programs has not always been positive. Nevertheless, when properly implemented, temporary immigration initiatives possess great potential to benefit all parties involved - employee, employer, and the Canadian economy included.

At its most basic level, Canadian immigration law requires that the majority of (non permanent resident) foreign nationals have a valid work permit in order to be able to work in Canada. Barring very specific exemptions, even individuals in Canada with legal status of another type (visitor, student, etc), will require this type of authorization in order to be able to work.

When compounded with the general requirement that an application for a work permit must be made 'outside of Canada' (again, except where limited exemptions apply), individuals with temporary status in Canada can face substantial difficulties, even where they have have secured potential offers of work.

Indeed, even individuals that might not consider themselves to be "working" in the strictest sense may nevertheless be required to have a work permit in order to engage in certain activities in Canada. This broader definition of 'work' can even encompass some entirely 'volunteer' (unpaid) occupations.

An individual that arrives in Canada with a work permit visa, therefore, can avoid a lot of the complications that other foreign nationals in Canada can face. However, even an individual with a valid work permit can face serious challenges. One common scenario, for example, is where an individual needs to change his or her employer: this is because most work permits, with some exceptions, are NOT 'open' - that is, they are specifically keyed to a particular set of conditions (usually employer, occupation, location, etc). Options often exist for individuals in these circumstances, but, due to processing delays, such measures are often extremely time sensitive.

These - and many other restrictions and exemptions - can create real potential pitfalls for a foreign national considering temporary work prospects in Canada. Given the serious potential consequences to employers and employees of contravening the Immigration and Refugee Protection Act, it is critical for individuals to carefully review the existing body of statute, policy, and case law in this area as early in the process as possible. As always, however, the above comments relate to the general policy in this area, and should not be used as a substitute for legal advise concerning the specific circumstances of your case.

Disclaimer

The information contained in this article is intended to provide general information only. It does not constitute formal legal advice or give rise to any solicitor-client relationship. The author and Pivot Legal LLP disclaim any and all liability resulting from reliance upon this general information. The author and Pivot Legal LLP strongly recommend seeking formal legal advice from a competent solicitor before acting upon any information that may appear in this article.