Work Permit Exemptions for 15 or 30 Days
In June 2017, Immigration, Refugees and Citizenship Canada (IRCC), in coordination with Employment and Social Development Canada, launched the Global Skills Strategy and introduced, among other changes, new work permit exemptions for certain high-skilled work of a short duration. These changes include short term work permit exemptions.
Under the changes of the Global Skill Strategy, bringing highly skilled foreign workers to work in Canada for short term assignments or projects is as simple as hiring a Canadian. All your foreign workers need are valid passports and airline tickets, and depending on the time of the year…… winter clothes. The immigration lawyers at Kahane Law Office in Calgary can help you with short term work permit exemptions when bringing in workers across Canada.
What Is A Short Term (15 or 30 days) Work Permit Exemption?
Short term work permit exemptions are a right to work without work permit in Canada. It is important to note that the exemption applies to the foreign worker and not to the employer. Foreign workers will be authorized to work without a permit under the public policy for 15-day period every 6 months or for 30-day period every 12 months. Without meeting an exemption, your worker will need a work permit to enter Canada to work.
Who Can Get Short Term Work Permit Exemptions?
Short term work permit exemptions were conceived for highly skilled foreign workers coming into Canada to work for short term work assignments. It is not permissible for these assignments to exceed the noted 15 or 30 days.
What Are The Conditions To Get A Work Permit Exemption?
To benefit from the short term work permit exemptions, the work must meet two key requirements or conditions:
- be a work of short duration (15 consecutive calendar days or 30 consecutive calendar days);
- the short term work falls into an occupation listed in skill type 0 (management occupations). In the alternative, they fall under a skill level A in the matrix of the National Occupational Classification (NOC).
For How Long Can A Foreign Worker Work In Canada?
The exemption allows foreign worker to work 15 consecutive days or 30 days in Canada without obtaining a work permit.
The following cases provide guidance for when foreign nationals can benefit from short term work permit exemptions if they have already used another short term exemption.
If foreign nationals once benefited from the 15-day exemption in the past, the following applies:
- a subsequent 15-day exemption if not granted a short term work permit exemption in the last 6 months;
- a 30-day or 120-day exemption once 12 months have elapsed since the granting of a 15-day exemption.
If a foreign national benefited from the 30-day exemption in the past, the granting of an additional one requires the following:
- a subsequent 30-day exemption if not previously granted a short term work permit exemption in the last 12 months;
- a 15-day exemption once 6 months have elapsed since the granting of a 30-day exemption. (They may be granted a 120-day exemption once 12 months have elapsed since the 30-day exemption was granted).
The law requires adhering to these limits. If your foreign employee has a regular Canadian work permit, then they are able to extend their permit with a work permit renewal or extension.
What Do Employers Need To Do To Get A Short Term Work Permit Exemption?
For employer, it is important to pay attention to the nature of the job for which you are hiring the foreign worker. They must fall under skill type 0 or A. In addition, the duration of the work assignment must not exceed 30 days. These two requirements are key to benefit from this work permit exemption.
Required Documents For Exemptions?
You must provide evidence to satisfy an officer that a short term exemption applies. Evidence may include documents such as a job offer or contract from the employer attesting to the details of the work, descriptions of the duties, the NOC code of the occupation and the period of employment (start date and end date).
Offer Of Employment Requirements?
No requirement exists for you to submit an offer of employment through the Employer Portal.
Getting Help From Immigration Lawyers For Exemptions
In today’s globalized and highly competitive world, businesses cannot afford to wait weeks or months for work permits to be approved, especially when there are pressing needs or the foreign worker is just needed to complete a short term project.
Consequently, if you are an employer hiring highly skilled foreign workers for short term assignments, our immigration lawyers help. We assist your business in making work permit exemptions a reality in a few days. Schedule a consultation to determine if your business is eligible to bring a foreign worker to Canada without obtaining a work permit. Reach out to the two locations for Kahane Law Office. We provide help when needed. Phone us in Edmonton at (780) 571-8463 or in Calgary at 403-225-8810. You can also reach us anywhere on our too-free line at 1-877-225-8817. Email frequently reaches us faster and allows you to share some of your details so you can email us directly here.