Work permit at a port of entry: Temporary Foreign Worker and International Mobility Programs

For foreign nationals, the process of obtaining a work permit at a port of entry in Canada involves having knowledge of the regulations for refugees and immigrants, this may seem a bit complex because it involves several sections and subsections contemplated in the law, so it is very timely that, if this is your case, read carefully the following article that we have prepared in Immiland Canada, so that you know with legal grounds the main details regarding the eligibility criteria for making the application for such permit at a port of entry (POE) to Canada. In this publication, we focus specifically on the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). Below is an explanation of the process and links to government regulations for a better understanding of the process.

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Applying for a work permit from outside Canada

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Generally, most foreign workers must apply for a work permit from outside Canada. Section 197 of the Immigration and Refugee Protection Regulations (IRPR) sets out this requirement. Ministerial Instructions (MI) 62 further specifies that work permit applications must be submitted online for foreign nationals outside Canada.

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Application at a port of entry to Canada

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A port of entry (commonly known as a POE) is an officially designated place where people legally enter a country. Now, going back to the previous paragraph, there are exceptions for certain foreign nationals who may apply for a work permit at the time of entry into Canada. Under subsection R198(1), individuals may apply at the port of entry if they meet specific criteria. These criteria include being exempt from the Temporary Resident Visa (TRV) under section R190 and falling within the categories of the International Mobility and Temporary Foreign Worker programs.

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Eligibility criteria for application at port of entry

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To file an application at the port of entry, foreign nationals must meet the following criteria:

1. Be exempt from a temporary residence visa, according to section R190.
2. The work you perform must be under the International Mobility Program with no labour market impact assessment required(LMIA exempt) or under the Temporary Foreign Worker Program with a positive or neutral labour impact assessment prior to your arrival in Canada(positive LMIA required).
3. Be a national or permanent resident of the United States, Greenland or Saint-Pierre and Miquelon.
4. Not be within the restricted category applications (e.g., live-in caregiver or seasonal farm worker).
5. Comply with the entry requirements according to sections R198 and R200.

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Additional requirements

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Prior to arrival, applicants must have passed an immigration medical examination(IME) if required, providing valid results.

So far we have covered the criteria and requirements for people who can apply for a work permit at a Canadian port of entry, but it is important that you also know who cannot apply because they are ineligible.

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Persons Not Eligible to Apply at Port of Entry

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There are certain individuals who cannot apply at the Canadian government's port of entry regulations (R198); these include those who require a temporary resident visa (TRV), those who submit an immigration medical examination without valid results, participants in international youth exchange programs (except U.S. citizens or permanent residents), seasonal agricultural workers, and nationals of countries with an expanded Electronic Travel Authorization (eTA).

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Renewals and changes to work permits

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According to Canadian regulations, persons with a valid work permit or those seeking to change conditions must apply in Canada in accordance with section R199.

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Eligibility of an expired work permit

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Persons whose work permits expire outside Canada may apply at the port of entry if they are eligible under section R198 by providing sufficient documentation.

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eTA requirement for air travel

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Individuals who do not require a Temporary Resident Visa (TRV) and who submit a work permit application at a port of entry must also obtain an Electronic Travel Authorization (eTA) for air travel to Canada, and this will be issued automatically with the work permit at the air port of entry.

However, there are also restrictions for countries with eTA expansion, let's see what they are.

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Specific restrictions for nationals of eTA expansion countries

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Certain countries require citizens seeking entry by air to obtain a temporary resident visa or an eTA, according to the conditions detailed in subsection 7.01(1). These countries are:

• Antigua and Barbuda 
• Argentina 
• Brazil 
• Costa Rica 
• Morocco 
• Panama
• Philippines 
• Seychelles 
• St. Kitts and Nevis 
• St. Lucia 
• St. Vincent and the Grenadines
• Thailand 
• Trinidad and Tobago
•  Uruguay

The countries on this list are part of the eTA expansion program and are not eligible to apply for a work permit at the port of entry.

So much for sharing this crucial information for those who need to process their work permit at a Canadian port of entry because they come with the intention of working. We know that understanding the complexities of this process can be overwhelming for some, but constantly informing yourself about government regulations and navigating the guidelines of economic migration programs such as TFWP and IMP will allow you to ensure a smoother application process, making informed decisions about your work opportunities in the country.

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At Immiland Canada, we are here to inform and advise you on your immigration path to this charming country. We can help you with any type of process related to your arrival, in these links you can explore each one of our services in immigration, recruitment, education, translation and recruitment. If you would like an Immiland regulated consultant to review your case, please contact us at Info@immilandcanada.com.

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With love,

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Immiland