|
Business Visitor |
Intra-Company Transfer (Executive or Manager) |
Intra-Company Transfer (Specialized Knowledge) |
NAFTA Professional |
Temporary Foreign Worker (High Wage) |
Temporary Foreign Worker (Low Wage) |
|
|
Who? |
Temporary visitors to Canada who engages in international business activities without entering the Canadian labour market |
Executives and Managers currently employed outside Canada transferred to parent, branch, subsidiary or affiliate inside canada |
Professionals with 'specialized knowledge' currently employed outside Canada for transfer to parent, branch, subsidiary or affiliate inside Canada |
For U.S. or Mexican citizens who qualify as professionals in a NAFTA identified profession |
Temporary workers in high-wage occupations where employer is unable to find qualified Canadians or Permanent Residents |
Temporary workers in low-wage occpuations where employer is unable to find qulaified Canadians or Permanent Residents |
|
Quota or Cap? |
No |
No |
Limits per company by occupation |
No |
No |
Yes - there is a cap on the number of temporary foreign workers, as a percentage of the total workforce, at any given worksite |
|
Must employer have a legal presence in Canada? |
No |
Yes |
Yes |
No |
No |
No |
|
Is there a minimum wage requirement? |
N/A |
Should be prevailing wage |
Should be above prevailing wage |
Should be prevailing wage |
Must be prevailing wage |
Must be prevailing wage |
|
What is the maximum period of the initial permit? |
up to 6 months* |
3 years |
3 years |
3 years |
2 years |
1 year |
|
What is the maximum total stay after renewals and extensions? |
N/A |
7 years |
5 years |
No limit |
4 years for certain occupations |
2 years |
|
Is the permit subject to any geographical limitations? |
N/A |
limitations as stated on work permit |
limitations as stated on work permit |
limitations as stated on work permit |
limitations as stated on work permit |
limitations as stated on work permit |
|
Are there academic qualifications? |
No |
Yes |
Yes |
Yes |
Yes |
No |
|
Are there language qualifications? |
No |
Proportional in nature to occupation |
Proportional in nature to occupation |
Proporational in nature to occupation |
Proportional in nature to occupation |
Proportional in nature to occupation |
|
Are there previous employment or work experience requirements? |
No |
Yes - must be continuously employed by foreign parent, subsidiary, branch of affiliate for one year in three years before entry |
Yes - must be continuously employed by foreign parent, subsidiary, branch or affiliate for one year in three years before entry |
Yes |
No |
No |
|
Is there a labour market test? |
No |
No |
No |
No |
Yes - a Labour Market Impact Assessment is required |
Yes - a Labour Market Impact Assessment is required |
|
Can this permit lead to Permanent Residence? |
No |
Yes |
Yes |
Yes |
Yes |
In most cases, no |
|
Are dependents eligible to work or study? |
No |
Spouse, Common law spouse, same sex spouse and dependent children under 19 |
Spouse, Common law spouse, same sex spouse and dependent children under 19 |
Spouse, Common law spouse, same sex spouse and dependent children under 19 |
Spouse, Common law spouse, same sex spouse and dependent children under 19 |
Dependent children can study; Spouse may not work |
|
Who administers the program? |
Citizenship and Immigration Canada |
Citizenship and Immigration Canada |
Citizenship and Immigration Canada |
Citizenship and Immigration Canada |
Labour Market Impact Assessment: Employment and Social Development Canada; Work Permit: Citizenship and Immigration Canada |
Labour Market Impact Assessment: Employment and Social Development Canada; Work Permit:Citizenship and Immigration Canada |
|
What is the processing time? |
Visa Exempt Countries - Apply at Port of Entry |
Visa Exempt Countires - Apply at Port of Entry |
Visa Exempt Countires - Apply at Port of Entry |
USA Nationals apply at Port of Entry |
3 to 6 months, varies by region |
3 to 6 months, varies by region |
|
Grounds for Inadmissibility: |
Canada has many grounds that render a person inadmissible and/or ineligible for permits and visas. Applicants with criminal and/or adverse immigation histories or with medical conditions that might reasonbly be expected to cause excessive demand on health and social services should seek advice from a Canadian lawyer. |
|||||
|
Waivers: |
Yes, some grounds of ineligibility may be overcome by applications for humanitarian and compassionate considerations on permanent resident applicaitons. Applicants with criminal histories may also be able to apply for criminal rehabilitation or record suspension. |
|||||
|
Timing of Waivers: |
Applications for humanitarian and compassionate considerations form part of the assessment of the underlying application. Assessment of these applications varies on a case by case basis. Applications for criminal rehabilitation vary widely depending on the consulate or embassy to which the application is submitted. |
|||||
* This table is presented for informational purposes only and does not constitute legal advice. Eligiblity, program requirements and restrictions will vary based on the facts and circumstances of your situation, including professional background, occupation, family and health background.
