Can a Visitor Work in Canada?

Canada is a popular destination for travellers, students, and professionals alike. With its diverse culture, beautiful landscapes, and robust economy, it's no wonder that many people who visit Canada eventually want to stay and work. But what if you are already in Canada on a Canadian tourist visa? Can you work in Canada legally?

You Are Allowed to Come and Stay in Canada

Most visitors to Canada are allowed to stay for up to six months. This period usually starts from the day you enter the country. However, the length of your stay can be adjusted by the border services officer at the port of entry. If the officer determines that your stay should be shorter or longer than six months, they will indicate the date by which you must leave in your passport. In some cases, they may also issue a document known as a visitor record, which specifies the exact date you need to depart.

If you don’t receive a stamp in your passport when you enter Canada, the default duration of your stay is six months from your entry date or until your passport expires, whichever comes first. If you need a stamp to confirm your entry date or have questions about your allowed stay duration, you can request one from a border services officer. This is especially relevant if you arrive at an airport using primary inspection kiosks, where you’ll need to ask the border officer for a stamp after completing the kiosk process.

Entry Requirements: Visitor Visa or Electronic Travel Authorization (eTA)

Depending on your nationality, you may need to apply for a visitor visa, also known as a Temporary Resident Visa (TRV), or an Electronic Travel Authorization (eTA) before entering Canada. Individuals from visa-required countries must apply for a visitor visa before arriving in Canada. This visa is issued after a thorough examination by an immigration officer to ensure that you meet all the criteria for entering Canada as a temporary resident.

A visitor visa will be issued to you if the officer is satisfied that:

1. You have applied according to the regulations for a temporary resident visa as a visitor, worker, or student.

2. You will leave Canada by the end of your authorized stay.

3. You hold a valid passport or travel document that allows re-entry to your home country or another country.

4. You meet all the necessary requirements for your visitor class.

5. You are not inadmissible to Canada based on health, security, or other factors.

6. If required, you have undergone a medical examination and met health requirements.

7. You are not subject to any exclusion orders under Canadian law.

Even after receiving a visitor visa, it does not automatically grant you entry into Canada. At the time of your entry, you and your accompanying family members must still meet all the entry requirements. The border services officer will reassess your eligibility and authorize your stay in Canada based on the examination conducted upon arrival.

For those from visa-exempt countries, an eTA is required to enter Canada by air. This electronic document is linked to your passport and is valid for up to five years or until your passport expires, whichever comes first. Like the visitor visa, the eTA allows you to visit Canada for short stays, typically up to six months, but does not permit you to work or study without the appropriate permits.

Visitor Status and Legal Limitations

Visitors in Canada are under a specific legal status that permits them to remain in the country temporarily but does not grant them the ability to obtain a work permit in Canada or engage in employment activities. To work legally, a visitor must obtain a valid work permit.

You Can Search for a Job

While on a Canada visitor visa, you can search for a job in Canada. Engaging in job search activities, such as networking, attending interviews, and connecting with Canadian employers, is allowed. However, it's important to note that while you can look for a job, you cannot start working until you have a valid work permit.

Labour Market Impact Assessment (LMIA) and Valid Job Offer

If you find a Canadian employer willing to hire you, the next step typically involves obtaining a Labour Market Impact Assessment (LMIA), an employer specific work permit. An LMIA is a document that a Canadian employer must usually obtain before hiring a foreign national. The LMIA demonstrates that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job. You can find more information on LMIA's here.

Once an LMIA is approved, the employer can provide you with a valid job offer. With this offer, you can apply for a work permit, which, if granted, allows you to work for that specific employer in Canada.

Get an LMIA Offer Letter Approved

The LMIA process is crucial for foreign nationals looking to work in Canada. Once an employer secures a positive LMIA, you can use the approved offer letter to apply for a work permit. This step is essential in transitioning from a visitor status to a legal work status in Canada.

Public Policy Allowing Visitors to Apply for Work Permits from Inside Canada

Due to the ongoing labour shortages and the impact of COVID-19 on the Canadian economy, a temporary public policy was introduced that significantly benefits visitors in Canada who receive a valid job offer. This policy allows foreign nationals in Canada on visitor status to apply for and receive a work permit without having to leave the country. Set to expire on February 28, 2023, this policy has been extended by two years and will now remain in effect until February 28, 2025.

Before this policy was implemented, foreign nationals who were in Canada as visitors would typically have to apply for their initial work permit from outside Canada. Even if they received approval while in Canada, they would have to leave the country and re-enter to be issued their work permit. However, with this temporary public policy in place, leaving Canada is no longer necessary.

Join a Short-Term Course

While in Canada on a visitor visa, you are allowed to enroll in short-term courses that do not exceed six months in duration. These courses do not require a study permit and can be an excellent way to improve your skills and enhance your employability. For example, language courses, professional development programs, or certification courses could make you more competitive in the Canadian job market. The completion of these courses do no make you eligible for a post graduate work permit.

Apply to Extend Your Stay in Canada

If your visitor visa is nearing its expiry and you need more time to secure a job offer or complete a short-term course, you can apply to extend your stay in Canada. It’s essential to apply for an extension before your current status expires to maintain your legal status in the country. An extension allows you to remain in Canada legally while you explore further opportunities.

Start Business Activities

As a visitor, you can engage in certain business activities in Canada, such as attending conferences, meetings, or negotiations. However, these activities should not be confused with actual employment. Conducting commercial activity that involves hands-on work or providing services without a valid work permit is prohibited.

Foreign Business and Commercial Activities

If you own a business in your home country, you can manage it remotely while in Canada, provided your activities do not involve direct employment within Canada. Similarly, if you’re exploring opportunities to start a business in Canada, you can engage in preliminary discussions, but actual business operations would require proper immigration status and possibly an entrepreneur or start-up visa.

Apply for a Work Permit

Open Work Permit

An open work permit is not job-specific and allows you to work for almost any employer in Canada. However, these permits are usually granted under specific circumstances, for example your spouse is on a specific temporary resident visa.

Spousal Sponsorship and Permanent Residency

If you are married to a Canadian citizen or permanent resident, you may be eligible for spousal sponsorship, which can lead to permanent residency. This pathway allows you to stay in Canada while your application is being processed, and you may even be eligible for an open work permit during this period.

Flagpoling and Other Options

Flagpoling refers to the process where a foreign national leaves Canada and immediately re-enters to activate a new immigration status, such as transitioning from a visitor visa to a work permit.

This process is commonly used by those who receive their work permit approval while inside Canada but prefer to activate it quickly rather than waiting for processing within the country.

Re-Entering Canada

When re-entering Canada, you must present all necessary documentation to the immigration officer, including your LMIA, job offer, and any other relevant documents. The officer will assess your eligibility and may issue your work permit at the border.

Things a Visitor Is Not Allowed to Do

As a visitor in Canada, there are several restrictions to keep in mind:

• Engage in Employment Without a Work Permit: Working without a valid work permit is illegal and can result in serious consequences, including removal from Canada.

• Enroll in Long-Term Courses Without a Study Permit: If you wish to study in Canada for more than six months, you must obtain a study permit from a designated learning institution (DLI).

• Overstay Your Visa: Staying in Canada beyond the validity period of your visitor visa without applying for an extension is a violation of immigration laws and can negatively impact future visa applications.

Get Professional Help with AKM Law as Your Immigration Lawyers

While a visitor visa does not grant the right to work in Canada, there are pathways for visitors to transition to a work permit, provided they follow the correct procedures and meet the eligibility requirements. AKM Law legal professional may help you, whether through securing an LMIA-backed job offer, applying for an open work permit, or exploring temporary public policies, there are options available for those who wish to work in Canada.

For those interested in working in Canada, staying informed about the latest immigration policies and maintaining valid status throughout your stay is essential. If you have any questions or need further assistance, consider seeking professional help to make the most of your Canadian journey.

Legal Disclaimer: This article provides general information only and does not constitute legal advice. For legal advice, consult the relevant legislation or regulations, or contact our immigration lawyers directly.