Work permit exemptions for high skilled workers and researchers entering Canada on a short-term basis

Henry J Chang
Dentons, Toronto
henry.chang@dentons.com

Introduction

Foreign nationals sometimes need to enter Canada on short notice, in order to perform gainful employment in Canada. In such cases, there may be insufficient time to apply for a formal work permit. Fortunately, it is possible for some foreign nationals to work in Canada for short periods of time, without the need for a formal work permit.

On 12 June 2017, the Government of Canada introduced the Global Skills Strategy to make it easier for Canadian businesses to attract the talent that they need to succeed in the global marketplace. As part of the strategy, new work permit exemptions for short-duration work in Canada were introduced by public policy under Section 25.2 of the Immigration and Refugee Protection Act.

There are two work permit exemptions available under the Global Skills Strategy: (1) a work permit exemption for high skilled workers (15 or 30 days), and (2) a work permit exemption for researchers (120 days). Each of these work permit exemptions are described in greater detail below.

Short-term work permit exemption (STWPE) for high skilled workers

Based on public policy considerations, Canada Border Services Agency (CBSA) officers may grant a work permit exemption to a foreign national who is entering Canada, if that foreign national intends to perform work:

• in a Training, Education, Experience and Responsibilities (TEER) category 0 (managerial) or 1 (professional) occupation in the National Occupational Classification (NOC); and
• for one of the following periods up to:

• 15 consecutive days where the foreign national has not been granted an exemption under this public policy in the last six months; or
• 30 consecutive days where the foreign national has not been granted an exemption under this public in the last 12 months.

The NOC, which is published by Employment and Social Development Canada, is a directory of known occupations; each occupation listed in the NOC is assigned a TEER category. The STWPE is only available for occupations that are considered TEER 0 (managerial) or TEER 1 (professional).

If the foreign national’s occupation is listed in the NOC under either TEER 0 (managerial) or TEER 1 (professional), they may request a STWPE at the time of entry, if otherwise eligible. However, applicants already in Canada are not eligible to apply inland for a STWPE.

The duration that may be requested will depend on the period of time that has passed since the foreign national last received a STWPE.

• A STWPE may be issued for up to 15 consecutive days if the foreign national has not previously received one within the preceding six months.
• A STWPE may be issued for up to 30 consecutive days if the foreign national has not previously received one within the last 12 months.

Foreign nationals must provide evidence to satisfy an officer that they are eligible for this work permit exemption. This evidence may include documents such as a job offer or contract from the employer with:

• details of the work;
• the NOC code and job title of the intended occupation; and
• the period of employment (start date and end date).

Work permit exemption for researchers

Based on public policy considerations, CBSA officers may grant a work permit exemption to a foreign national seeking to enter Canada, if the foreign national:

• has an offer from a publicly funded degree-granting institution (at the college or university level) or its affiliated research institution (the offer must be for a research position, attest to the details of the work as being primarily research, and state the duration of the work);
• will be working for 120 consecutive days or less;
• has not been granted a work permit exemption under the public policy in the last 12 months (they may be able to seek a STWPE sooner, if otherwise eligible); and
• will be contributing significantly to the value of the research project.

When assessing whether the foreign national will make a significant contribution or add value to the research project, officers may consider whether:

• the applicant has demonstrated academic excellence or expertise in a field related to the particular work to be undertaken; and
• the position reflects the experience and expertise of the applicant and the role they will play in the project.

Terms of admission

Foreign nationals who enter Canada under the above work permit exemptions are essentially admitted as business visitors, even though they may perform tasks that go beyond those of a business visitor (that is, gainful employment) during the period that the work permit exemption is valid. Once a CBSA officer has determined that a foreign national is eligible under one of the above work permit exemptions, they should issue a visitor record (IMM 1097) to that foreign national, annotated to reflect the issuance of the work permit exemption.

Foreign nationals who receive one of the above work permit exemptions may travel abroad and re-enter Canada as many times as they wish, until it expires. The authorised work period begins on the date the exemption is granted and is counted consecutively, regardless of whether the person is actually working in Canada. Any travel outside Canada after the date the exemption was granted will not extend the length of the exemption period.

The above work permit exemptions apply to the foreign national and not to the employer.

• If the foreign national enters Canada under STWPE and intends to work for more than one employer during that period, they are required to demonstrate that the work they will perform for both employers during that period is in a TEER 0 or TEER 1 occupation.
• If the foreign national enters Canada under the work permit exemption for researchers and intends to work for more than one employer during that period, they must provide documentary evidence that they meet the eligibility criteria for both institutions.

Please note that the STWPE does not exempt a foreign national from the requirement of a temporary resident visa, if that person is not visa-exempt to enter Canada. It also does not exempt a visa-exempt foreign national from the requirement to possess a valid electronic travel authorisation.