Are you a Business Professional? Have you considered temporary work in Canada as part of your profession? Do you work in the Arts? Are you a student looking for short-term experience in the Canadian labour market? You may be eligible for Canada’s International Mobility Program (IMP).
Canada operates two labour migration programs: the IMP and the Temporary Foreign Worker Program (TFWP). The IMP was created to streamline applications for foreign nationals who can add to Canada’s economy and general culture. In other words, it simplifies obtaining work authorization in Canada. This program is a second branch of the TFWP, created to promote economic growth by filling labour shortages in Canada. That said, this article will review the general processes of the IMP.
Please note: approval through the IMP generally means you have been authorized to work in Canada. However, authorization to work does not always guarantee entry into Canada. An applicant may need a second application for a Visitor Visa or Electronic Travel Authorization (eTA) in select cases. For further information and assistance, please get in touch with us at Cohen Brosh Law Offices.
Background & History
A primary objective of Canadian immigration policy is to benefit the economy and fill labour shortages. Historically, this began with a variety of dispersed immigration programs that were designed to recruit foreign workers to become domestic caregivers and farm laborers in Canada. For example, as early as the 1890s, Scottish and English women were invited to serve as long-term domestic caregivers for Canadian families. Farm workers from Mexico and the Caribbean were granted short-term work permits through bilateral trade agreements. Various programs were subsequently added, such as free trade agreements, youth mobility programs, live-in caregiver programs, agricultural programs, etc. The history of Canadian immigration policy for temporary foreign workers was not always fair or inclusive, and migrant workers did not have the added legal protections they do now. Yet, these programs paved the way for the temporary worker programs and protective policies Canada has in place today. As time progressed, Canadian immigration policy grew more inclusive and allowed applicants to be evaluated primarily on merit rather than country of origin alone. Eventually, all of the dispersed programs that were in place, such as youth mobility programs, agricultural programs, international trade agreements, caregiver programs, etc., all evolved to fit under the umbrella of the TFWP. 2014, the Temporary Foreign Worker Program was restructured to simplify the process. A streamlined second branch was created called the International Mobility Program (IMP). This new branch was a way to encourage faster entry for higher-skilled workers.
Who are high-skilled workers? Administration of the IMP is handled by Employment and Social Development Canada (ESDC), and according to the ESDC, high-skilled workers hold the following main job groups:
- Management jobs, e.g., restaurant managers, mine managers, shore captains
- Professional jobs requiring university degrees, e.g., doctors, dentists, architects
- Technical jobs and skilled trades require college diplomas or apprenticeship training, e.g., chefs, plumbers, and electricians.
As mentioned above, the IMP favors those who can progress Canada’s overall economy and culture – examples of such workers will be provided throughout this article.
In short, foreign nationals have entered Canada under the different pathways that make up the IMP long before it was in place. The IMP was more of a restructuring of the TFWP that adopted existing entry methods. Some program categories that the IMP now governs can be found listed below.
International Mobility Program Categories:
- LMIA- exempt work permits
- LMIA and work permit exempt authorization
- Free Trade Agreements
- International Experience Canada
- Permits for spouses of temporary skilled workers or international students
- Post-Graduate Work Permits
LMIA Exemption: An advantage of the IMP
Foreign Nationals can receive permission to work temporarily in Canada in 3 ways:
- A Work Permit that requires an LMIA, i.e., Temporary Foreign Worker Program (TFWP)
- A Work Permit application that does NOT require an LMIA, i.e., IMP
- The authorization to work without a work permit or LMIA, i.e., IMP
The IMP simplifies the process of obtaining work authorization in Canada. In many ways, this shortens the processing time for most applicants. The TFWP still exists as a sister stream to the IMP, with a few differences. Most positions under the TFWP require a Labor Market Impact Assessment (LMIA). An LMIA report allows ESDC to directly assess the impact on each position’s Canadian culture and economy. Canadian employers are generally required to get an LMIA before hiring a foreign national. A negative report can cause your application to be rejected. You may recall from the introduction that the TFWP was created to fill labour shortages in Canada. A positive LMIA confirms a skill shortage and that Canadians or permanent residents are unavailable to fill the need for temporary labour. This report indicates that hiring an employee abroad will not negatively impact the Canadian labour market. Many people who come to work in Canada will need their Canadian employer to obtain a positive LMIA before they can proceed with a work permit application. With some exceptions, positions under the IMP are free from this requirement. Workers under the IMP can bypass the bureaucracy and costs involved in this step because they are exempt from the LMIA requirement.
An exemption from the LMIA will likely happen in cases where:
- There are cultural/ economic benefits to Canada, i.e., Entertainment, sports, business
- Mutual benefits between countries, i.e., Free Trade Agreements
- Refugee claimants
- Humanitarian reasons
Overview
Work Permits under the IMP
The International Mobility Program (IMP) accommodates those seeking work authorization in Canada, often by issuing open work permits. (An Open Work permit does not restrict you to one specific location or employer.) As noted above, the IMP does not require an LMIA, simplifying obtaining work authorization in Canada. It also saves the Canadian employer the time and money involved in the TFWP application process. Those accepted into this stream tend to be well-educated or highly trained individuals in higher-skilled professions.
Positions Where Work Permit is NOT Required:
| Athlete or Coach | Civil Aviation Inspector |
|---|---|
| Foreign Diplomat | News reporter or film and media crew |
| Aviation accident or incident investigator | Convention Organizer |
| Judge or Referee for sports, music/ dance festival, animal show or agricultural contest | Performing artist |
| Short-term Researcher (with some parameters) | Business Visitor |
| Expert Witness or Investigator | Military Personnel |
| Emergency Service Provider | Short-term highly-skilled worker (With some parameters) |
| Religious Leader | Examiner and Evaluator |
| Public speaker (less than 5 days) | Crew Member |
This list is not exhaustive; many positions have specific parameters and conditions. For instance, business visitors do not need a work permit; most can stay in Canada for up to six months. The Government of Canada’s website lists positions eligible under the IMP without a work permit and offers a tool to help foreign nationals determine if they can work in Canada without a work permit.
An intra-company transferee falls under the IMP. This is a person working in a Canadian location for the same employer. The intra-company transferee is an example of a foreign worker who does not require an LMIA but DOES require a work permit.
To qualify as a transferee:
- The employee must work as a manager or in a specialized position
- Worked for at least one year in the past three years on an ongoing basis for the same or similar
- Employer is already doing business in Canada (be a parent/subsidiary or have a branch in Canada)
- Application for Temporary Work Permit
Please note the importance of obtaining proper work authorization to work in Canada. If you are uncertain whether you can work in Canada without an LMIA or a work permit, please access the Government of Canada site using the link above or contact our office for guidance.
Free Trade Agreements
Canada currently holds free trade agreements with several countries. The IMP is the part of Immigration, Refugee, and Citizenship Canada (IRCC) that honors them. It manages the entry of business people under those programs. Most of CanCanada’s trade agreements occurred before the IMP existed. NAFTA, for example, came into being in 1994.
Current Canadian Free Trade Agreements in Force
| Trade Agreement | Countries involved | Date enforced |
|---|---|---|
| Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) | Australia, Japan, Mexico, New Zealand, Peru, Singapore, Vietnam | 2018-12-30 |
| Canada- Ukraine Free Trade Agreement (CUFTA) | Ukraine | 2017-08-01 |
| Canada-European Union: Comprehensive Economic and Trade Agreement (CETA) | European Union | 2017-09-21 |
| Canada-Korea Free Trade Agreement (CKFTA) | Korea | 2015-01-01 |
| Canada-Honduras Free Trade Agreement | Honduras | 2014-10-01 |
| Canada-Panama Free Trade Agreement | Panama | 2013-04-01 |
| Canada-Jordan Free Trade Agreement | Jordan | 2012-12-01 |
| Canada-Colombia Free Trade Agreement | Colombia | 2011-08-15 |
| Canada-European Free Trade Association (EFTA) Free Trade Agreement | European Free Trade Association (EFTA): Iceland, Liechtenstein, Norway, Switzerland | 2009-07-01 |
| Canada-Peru Free Trade Agreement | Peru | 2009-08-01 |
| Canada-Costa Rica Free Trade Agreement | Costa Rica | 2002-11-01 |
| Canada-Israel Free Trade Agreement (CIFTA) | Israel | 1997-01-01 |
| Canada-Chile Free Trade Agreement | Chile | 1997-07-05 |
| North American Free Trade Agreement (NAFTA) | Mexico, Unites States of America | 1994-01-01 |
Those entering the country and working under the Free Trade Agreements umbrella are called Business People. Free Trade Agreements such as the North American Free Trade Agreement (NAFTA), recently renegotiated to the United States-Mexico-Canada Agreement (CUSMA), allow citizens of the US, Canada, and Mexico to gain access to each other’s countries for short periods for work or investments. Employers can hire foreign nationals of any country in the trade agreement without specific government approval. Positions between trade agreement countries are assumed to benefit each other’s overall economy and culture.
Traders and investors entering Canada under NAFTA must apply for a work permit and meet the requirements of NAFTA. Traders/investors or their companies must come with a significant investment to the Canadian branch of the business. Applicants under this category must be essential to planning, building, or managing the business.
General Agreement on Trade in Services (GATS)
The General Agreement on Trade in Services (GATS) is a program implemented to accommodate business people coming into Canada. It applies to applicants from more than 140 World Trade Organization (WTO) countries. This program covers business visitors, professionals, and intra-company transferees. GATS simplifies the process of entering and working in Canada for these groups. For business visitors, it eliminates the need for a work permit. For business people, GATS eliminates the need for an LMIA. This makes the process of working in Canada simpler and cheaper.
International Experience Program
Canada has participated in youth mobility agreements since 1956. The International Experience Canada (IEC) program allows international youth to experience work and travel within Canada. The applicant’s country of origin must be a participant in the program. This program has three categories:
- Working Holiday
- Young Professionals
- International Co-op (internship).
Participating Countries
| Australia | Germany | Mexico | Sweden |
|---|---|---|---|
| Austria | Greece | Netherlands | Switzerland |
| Belgium | Hong Kong | New Zealand | Taiwan |
| Chile | Ireland | Norway | Ukraine |
| Costa Rica | Italy | Poland | United Kingdom |
| Croatia | Japan | Portugal | |
| Czech Republic | Republic of Korea | San Marino | |
| Denmark | Republic of Latvia | Slovakia | |
| Estonia | Lithuania | Slovenia | |
| France | Luxembourg | Spain |
The working holiday category allows applicants to apply without a job offer. Applicants can apply for an open work permit. This gives them the freedom to work with multiple employers in more than one location. 86% of permits approved by the IEC are from this category.
Young Professionals must already have a job offer when applying. The Offer must contribute to their professional development. This position must also contribute to the improvement of the global economy. Applicants in this category must have an offer at the time of application. There is no option to later work for other employers or in other locations within Canada in this stream. Please note that you cannot be self-employed in this category.
The International co-op (internship) stream accepts students with a job offer for school credit. This means post-secondary students will receive school credit for completing the internship. Job offers must be directly linked to the applicant’s field of study.
Applying Under International Experience Canada
This stream is unique because the applicants must first receive an invitation to apply before they can begin the application. This feature helps determine your eligibility before you begin the application process. Potential applicants can refer to the Government of Canada website and complete the Come to Canada Questionnaire to receive a personal reference code. By creating an Immigration Refugee and Citizenship Canada (IRCC) account online, applicants can use their code to apply for the Apply to Come to Canada program. Approved parties will receive an invitation to apply via the IRCC account. There is a limit of 10 days to begin the application. Once it is begun, the applicant has 20 days to complete it. At this stage, employers must pay the $250 employer compliance fee if applicable. All supporting documents and biometrics can be submitted through the online portal. According to the Government of Canada website, applications can take roughly 56 days. Please refer to the overview below, which is available on the Government of Canada website.
Immigration officers can request financial information at any time during the application process. You must prove you have some financial support when you are in Canada. Approved applicants can be turned away at a port of entry due to lack of funds or financial support. Remember, as mentioned above, approval under the IEC grants authorization to work or intern in Canada but does not guarantee entry. To enter, you must always meet the visa or eTA requirements applicable.
Note: Applicants must also carefully examine the work permit issued to them. Some permits will specify that they do not authorize re-entry. If the applicant leaves Canada expecting to return before their permit expires, they will not be permitted to re-enter the country.
International Mobility Program Process
Applicants must review Temporary Foreign Work Permit and International Mobility Program guidelines to determine their appropriate stream. Foreign nationals can review section 186 of the Immigration and Refugee Protection Regulations (IRPR). If your position is not part of the list but is still considered work, you must check if an LMIA is required. Work is an activity for which the applicant will be paid. Work does not include the following:
– Volunteer work
– Helping a friend or family member
– Working for yourself
If an LMIA is not required, the employer must complete an LMIA-exempt offer and pay the employer compliance fee to the IRCC. This must be completed before an applicant begins their application process.
You will need an exemption code if you are applying for an unrestricted work permit. Once you submit the code, the offer of employment will be reviewed in the system. The genuineness of the offer must be assessed. The list of non-compliant employers will also be cross-referenced. There must be confidence that the employer has provided acceptable working conditions. Applicants can review the government-made list of non-compliant employers based on compliance inspections. The processing officer can reject the application if they have concerns about anything that happened in the past 6 years.
Basic Applicant Requirements
At this stage, the application process will focus on the applicant. You can be barred from entering Canada for any reason during the application process. Candidates can be inadmissible for criminal reasons or misrepresentation. If medical or criminal history might affect your application, you still have other options. Some of these barriers can be overcome in some cases. We recommend an assessment of your case by a Canadian Immigration professional. The help of an authorized representative, such as an RCIC or Canadian lawyer, can benefit any applicant. An experienced representative can help any applicant to navigate the forms and process. The application process has many forms, requirements, and exceptions. For example, applicants from visa-exempt countries do not need to apply for a visa with a work permit. But if you are applying from a visa-exempt country, you need an Electronic Travel Authorization, as described below. Another applicant for a similar work permit who is not from a visa-exempt country will require a second application for a visa unless for one of the visa-exempt positions listed above. An experienced professional can help you navigate the specifics of your unique case.
Applicants who do not need a visitor’s visa can apply for a work permit from a port-of-entry, i.e., an airport. This is an added advantage, especially for applicants with time constraints. However, an application like this must be very well-prepared. All required and relevant documents must be presented to the Immigration Officer. We recommend consulting an RCIC or Canadian lawyer to determine if this is an option for you and how to approach it best.
Note: Canadian employers can benefit from an RCIC as much as any foreign national professional. Employers attempting to hire a foreign national must be part of the process. An experienced professional can offer advice and save time for the employer, especially if hiring multiple people with different backgrounds.
Anyone entering Canada under the IMP can intend to apply for permanent residence status later. Still, the officer must be confident that the applicant will return to their home country after completing the temporary work stint in Canada. The border officer must be convinced that the applicants’ connection to their home country is more substantial than their connection to Canada.
Note: One of the most common reasons applicants are denied is failing to meet this requirement at the port of entry.
Proof of Home Country Connections:
- Financial Statements
- Family Connections
- Proof of Assets
- Community commitments
- Business Obligations
- Commitments in the home country
- Future Obligation
- School/ Education commitments
The officer must also confirm if the applicant meets the job offer requirements even though the employer may have already done this. For example, if the position is a professional one requiring academic qualifications, border officers will check the applicant’s academic history to make sure they are qualified. The applicant must also meet all language, medical, and other requirements. If the application is approved, a letter of invitation will be sent. This letter should be brought to the port of entry upon arrival but does not guarantee entry into Canada.
Remember, getting an approved application under the IMP doesn’t mean you have permission to enter Canada yet. Receiving a permit means that you are allowed to work in Canada. Getting approval to enter Canada can sometimes be an entirely other process.
If you receive a temporary work permit, you must also meet the requirements for entry into Canada. This may not be required for countries with current free trade agreements with Canada (see list above). Many approved applications for temporary work will have Visitor Visas or Electronic Travel Authorization (eTA) automatically issued with the permit. An eTA is an electronic link to your passport that some travelers to Canada from visa-exempt countries might need. It allows you to fly to or through Canada. This is a requirement for those traveling to Canada by air from visa-exempt countries except for the United States. The application is available online. A valid passport is needed to obtain an eTA.
Visa-Exempt Countries
| Andorra | Falkland Islands | Denmark | Japan | Papua New Guinea | Switzerland |
|---|---|---|---|---|---|
| Australia | Gibraltar | Estonia | Republic of Korea | Poland | Taiwan |
| Austria | Montserrat | Finland | Latvia | Portugal | United Arab Emirates |
| Bahamas | Pitcairn Island | France | Liechtenstein | Romania | United States |
| Belgium | Saint Helena | Germany | Lithuania | Samoa | Vatican City State |
| British citizens | Turks and Caicos | Greece | Luxembourg | San Marino | |
| British Nationals (overseas) | Brunei Darussalam | Hong Kong | Malta | Singapore | |
| British overseas citizens | Bulgaria | Hungary | Mexico | Slovakia | |
| Anguilla | Chile | Iceland | Monaco | Slovenia | |
| Bermuda | Croatia | Ireland | Netherlands | Solomon Islands | |
| British Virgin Islands | Cyprus | Israel (national Israeli passport) | New Zealand | Spain | |
| Cayman Islands | Czech Republic | Italy | Norway | Sweden |
Reminder: Even with an approved work permit, valid passport, and eTA, everyone entering Canada must pass the Border check screening at the ports of entry. Border officers have complete discretion even if applicants have already been approved.
Note: Applying for a work permit or visa can be difficult for many applicants. The steps and requirements vary depending on the type of permit requested.
Rejected Applications
What can applicants do if their application is refused?
All rejected applicants will receive a letter explaining the reasons for the decision. If your application has been refused, you are not out of options. You can constantly re-apply. You can re-apply with this information if you have evidence or documentation that can refute why you were rejected. Sometimes, the circumstances that caused the refusal can change, i.e., saving funds after being rejected for insufficient assets or finances. In such cases, the most straightforward route is to apply again, showing the Immigration Officer that your circumstances have changed.
Challenging a Refusal:
If you have reason to believe that there was an issue with the decision of your application, you can contest it. The Federal Court of Canada can review applications that may have been unfairly rejected. Before you request a judicial review, consult with a Canadian lawyer. The lawyer can review the case and determine if a review is appropriate. This process is costly and comes with time constraints. There is a lot to consider before going down this path. Also, a judicial review does not guarantee that the Visa Officer will be found at fault. It does not guarantee that the rejection will be reversed. If the Federal Court finds fault with the refusal, your case is re-assessed by a different visa officer. This visa officer will decide on your case based on their independent assessment.
Note: When applying for a judicial review, you do not have the option to submit new evidence. The Federal Court of Canada will only review the decision of the visa officer based on the documents and information that the officer had at the time. If you have new information to provide, it might be better for you to re-apply.
International Mobility Worker Unit
Applicants and their potential employers under the IMP have a unique advantage called the International Mobility Worker Unit (IMWU). This network of professionals can provide advice during the application process. They can advise if the foreign national will need an LMIA and/or if they need a work permit at all. The applicant must be from a visa-exempt country and living outside of Canada. The request for information must be submitted 30 days before the foreign national arrives in Canada. Border services will take the IMWU opinion into account. The Toronto IMWU services all provinces west of Ontario. The Montreal IMWU services the provinces east of Quebec.
Documents
IRCC offers a Document Checklist for each application category on the Government of Canada website. Applicants can use it to ensure that they are sending a complete application.
The following documents must be completed, signed, and dated with each application:
- Application for Work Permit made Outside of Canada (IMM 1295)
- The Family Information form, Statutory Declaration of Common-law Union (IMM 5409)
- Use of a Representative (IMM 5476) must also be completed, signed, and dated if applicable.
Biometric Documents Required:
- Photocopy of Information page of Passport
- 2 identical photos of the applicant
- Proof of current immigration status, if applicable
Applicants must prove that they meet the requirements for the position. This includes degrees, diplomas, or records of employment. The document requirements for your specific category should be thoroughly reviewed before submission of your IMP application.
Family
Canada allows eligible family members to come with the applicant. Those who qualify are spouses, common-law partners, or dependent children. Spouses or common-law partners who intend to work in Canada must apply for work permits. They will often qualify for an open work permit, which is not restrictive by employer or location. Children are permitted to enroll in school with a study permit. Proof of family relationship will sometimes be required, and these applications can be processed together. Children can apply for a study permit after arrival, although not all will require one.
Processing Time
The Global Skills Strategy (GSS) program allows IMP applicants to begin working faster. Most applications that do not need an LMIA are eligible for two-week processing.
General GSS Requirements:
- Applicants must be outside of Canada at the time of applying
- Position must be managerial or professional (doctors, dentists, etc.)
- The employer must have already submitted the offer of employment and compliance fee
Those applying for IEC are not eligible. Family members applying with the principal applicant are eligible for the two-week processing. Incomplete applications or those requiring further questions, reviews, or information will take longer.
The Government of Canada estimates the processing times for applications not qualifying for GSS. Applications submitted outside of Canada can take approximately 10 weeks. Applications submitted within Canada will take an estimated 85 days. The applications can take much longer or shorter; this is simply an estimate. Processing times also depend on where the applicant is applying from. The position’s nature and the employer’s standing will also affect this.
Summary of Processing Time Estimates:
Applications submitted within Canada | 85 days |
Applications Submitted Outside of Canada | 10 weeks |
GSS Program | 2 weeks |
Compliance
The Canadian government has instituted several changes better to regulate foreign nationals’ employers under temporary work permits. As you know, in 2014, the Canadian government split Canada’s Temporary Foreign Worker Program (TFWP) into two different programs, the TFWP and the International Mobility Program (IMP). The TFWP requires an LMIA, but the IMP does not. In the 2014 restructuring, more stringent requirements have been introduced to both programs. Employers of applicants to the IMP must now submit information even though an LMIA is unnecessary. As of February 2015, all employment information, including the offer of employment, must be sent directly to the IRCC. This requirement is one of the many regulatory changes the Canadian government has implemented to deter and eliminate the exploitation and abuse of foreign workers by Canadian employers.
A $230 CDN compliance fee was also introduced in February 2015 for most employers hiring foreign nationals under the IMP. This fee supports the increased employer inspections and the new employer compliance regime. The employer must submit this fee before the foreign national submits their application. Otherwise, the application will be refused. If the parties involved deny or cancel an application, the fee can be returned to the employer. Increased inspections of employer compliance were introduced in 2015. Employers are required by law to provide an adequately safe environment for employers. Work environments must be free of physical and mental abuse. An inspection can be done anytime from the foreign national’s first day of work until six years after. The employer must attend the inspection to answer questions and provide necessary documents. The Inspecting officer can request any documents, including proof that the employer has registered for private health insurance for the temporary worker and workplace safety insurance. The inspecting officer can photograph or make audio or video recordings of anything they see on sight. Investigating officers do not need permission to do such. They can keep photocopies of any paperwork found on-site or inspect any area they choose. Part of the reason for these inspections is to ensure that the actual work position and environment are similar to the offer of employment. These are an attempt to avoid employers taking advantage of unknowing foreign nationals.
Non-Compliant Employers
As of December 2015, more punishments have been placed on non-compliant employers. Warning letters are generally sent first. These will follow the inspection, and the employer will be notified of the issues and possible penalties. Employers have the right to reply with explanations to defend themselves. Employers are being inspected against the Immigration and Refugee Protection Regulations. The employer has 30 days to respond and can request a 30-day extension. Fines of any amount can be applied. Employers can even be banned from hiring temporary foreign workers. The federal government also has the right to publicize the employers’ non-compliance. These employers get added to a public list of non-compliant employers. The concern here is to maintain an honest standard for the quality of the temporary foreign worker program. The employers’ job offers must be genuine and similar to what was initially told to the applicant.
If you have already received a job offer in Canada, we recommend checking if the employer is on the non-compliant list. If your potential employer is on the list, it likely means they have been banned from hiring foreign nationals, at least temporarily. They may be attempting to hire illegally. Employers ‘ compliance with the IMP is monitored by Citizenship and Immigration Canada according to IRPR guidelines.
Conclusion
The International Mobility Program is a more straightforward system of allowing foreign nationals who are valuable to the Canadian economy and culture as a whole authorization to work in the country. The Canadian government allows foreign citizens who qualify under the IMP guidelines to receive a temporary work permit. This status is given to people who can benefit the Canadian financial system and way of life overall. Again, be reminded that some of those approved for a temporary work permit may also be required to apply for a visa. Approval of a temporary work permit does not guarantee entry into Canada. As shown above, the IMP is growing in Canada. Many foreign nationals benefit from the Canadian economy and society while contributing. Contact us at Cohen Brosh Law Offices for further info about the IMP or assistance with your application process. We would be happy to help you.