A work permit is a written authorization to work in Canada issued by an officer to a foreign national under the Temporary Foreign Worker Program (LMIA-Required Work Permits) or the International Mobility program (LMIA-Exempt or Open Work Permits) to address labour shortages and to fulfil a wider economic need. As a general rule, foreign nationals are required to apply for work permits from outside Canada, with a few excepted class of persons.

The decision to issue a TRP is highly discretionary. The objective for permitting the issuance of TRPs is to soften the sometimes-harsh consequences of the strict application of the Act which surfaces in cases where there may be compelling reasons to allow a foreign national to enter or remain in Canada despite inadmissibility or non-compliance with the Act. The Federal Court has repeatedly confirmed that a TRP is considered an ‘exceptional regime’, and as such, should only be sought when compelling reasons for its issuance exists.

 

Applying for Permanent Residence

TRP holders may be eligible to apply for permanent residence as members of the permit holder class if they have not become inadmissible on any other grounds than those for which the original TRP was issued, they currently hold a valid TRP, and they have resided continuously in Canada as a permit holder for three to five years, depending on the nature of their original inadmissibility.

 

Where the reason for the TRP issuance was on health grounds, i.e., based on the grounds of a family member being inadmissible on health grounds or for being a family member who is inadmissible on health grounds, they may be able to apply for permanent residence where they have held a TRP for at least 3 continuous years. Moreover, where a person has held a TRP for five (5) continuous years, they may be able to apply for permanent residence where they are inadmissible by virtue of any ground under the Act except on grounds of security, violation of human and international rights, serious criminality, and organized criminality.

 

Those who wish to ultimately apply for permanent residence must ensure there is no break in continuity, meaning, one must not leave Canada without authorization for re-entry or neglect their responsibility to seek an extension of their status prior to the expiration of the permit.  At times, prolonged visits from Canada may be deemed a break in continuity. If this happens, one’s eligibility for permanent residence may be affected.