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Overview

If you are looking for work in Canada, and the activity is not exempt, then you need a Work Permit, which is issued by Canada Immigration. There are 2 kinds of Work Permits: those requiring approval by Human Resources and Social Development Canada (“HRSDC” Validation), and those which can be issued without HRSDC Validation.

HRSDC Validation

Human Resources and Social Development Canada’s role is to determine whether a job offered to a foreign worker would have a positive or neutral effect on Canada’s labour market. They will consider:

  • job creation or retention for Canadians;
  • any knowledge or skills transfer to Canadians by the foreign worker;
  • whether there is a labour shortage for that kind of worker;
  • whether the wages offered are competitive;
  • what recruitment efforts the employer has made; and
  • whether there is a labour dispute in progress which could be affected.

HRSDC does not issue Work Permits.

Role of the Immigration Office

Work Permits are issued by Canada Immigration. They will review an application and determine whether HRSDC Validation is necessary; if so, then you must first obtain this, after which the Work Permit is usually approved.

Validation Exempt Activities

If the position is exempt from HRSDC Validation, you can apply directly to Canada Immigration. Some examples of exempt positions include:

  • Intra-Corporate transferees;
  • Applicants under NAFTA or the Canada Chile Free Trade Agreements;
  • Religious or charitable workers (doing non-spiritual activities);
  • Spouses of skilled workers holding a Work Permit;
  • Spouses of foreign students holding a Student Permit.

There are also special programs, like the one for Software Professionals, which do not require you to apply for HRSDC Validation.

As noted above, all of these are subject to certain restrictions.