Immigrants :

Your rights and responsabilities at work

Who can hold paid employment?

key points

▶ The concept of a worker, particularly a foreign worker, can take many forms:
– Canadian citizens and permanent residents;
– Temporary foreign workers under the Temporary Foreign Worker Program (TFWP), which includes the Agricultural Stream, and the Seasonal Agricultural Worker Program (SAWP);
– Temporary foreign workers under the International Mobility Program (IMP);
– Foreign students;
– Eligible asylum seekers and recognized refugees.

▶ Each category of worker is governed by a specific regulatory framework that shapes the overall employment relationship.

Contents

Canadian citizens and permanent residents

Permanent residency in Canada grants its holder the right to live in Canada and to work freely for any employer across the country, like any Canadian citizen.

Permanent residents enjoy the same social benefits and legal protections as citizens, with the exception of the right to vote and stand for election, which remain privileges reserved for citizens.

Temporary foreign workers

A temporary foreign worker (TFW) is a foreign citizen who is in Quebec temporarily to work for a Quebec employer.

There are two main programs for temporary foreign workers:

  • The Temporary Foreign Worker Program (TFWP), designed to help employers meet their short-term labour needs when there are no Canadian citizens or permanent residents available to fill the positions on offer. The TFWP involves two phases; the first a joint federal and provincial process (Labour Market Impact Assessment and the Quebec Selection Certificate, and the other by the federal government only (the work permit application process);

  • The Federal International Mobility Program (IMP), aimed at enabling the international mobility of workers when their arrival is of significant economic or cultural benefit to Canada. The IMP category includes all work permits that are not subject to the LMIA, such as the Post-Graduation Work Permit (PGWP), International Experience Canada (IEC) programs, including the Working Holiday Visa (WHV), work permits subject to LMIA exemption codes, and permits issued to an eligible spouse or common-law partner accompanying the principal applicant (TFW or student).

Agricultural and seasonal workers

There are two ways for farm workers to take up employment in Quebec, both of which are under the Temporary Foreign Worker Program (TFWP):

International students

International students are people who come to Quebec for the primary purpose of studying.

However, the holder of a full-time study permit at a designated educational institution may work up to 24 hours per week during course and examination periods (and more than 24 hours per week during vacations provided by the educational institution).

Participants in one of the IEC programs

The International Experience Canada (IEC) initiative is aimed at young people aged 18 to 29, 30 or 35 (depending on their nationality) wishing to travel and gain work experience in Canada.

IEC comprises three streams:

The Working Holiday Visa (WHV) is an open work permit lasting one to two years, depending on agreements, and requires no action by the employer.

Young Professionals and International Co-op permits are closed work permits, linked to a specific employer. Their duration may not exceed 24 months and 12 months respectively. Their duration may not exceed 24 months and 12 months respectively.

People in a humanitarian immigration category

These are:

  • Asylum seekers authorized to work These are people whose claims have been deemed admissible by the Immigration and Refugee Board (IRB), who have passed their medical examination and who have thus been able to obtain an open work permit while a decision on their application is pending;

  • Recognized refugees, who have been granted protected person status following their IRB hearing. These people can apply for
    permanent residency in Canada.

Certain spouses and common-law partners of temporary residents

In some cases, the spouse or common-law partner accompanying the TFW or international student may be eligible for an open work permit (OWP).

  • Case of the spouse of a TFW who has validated a step in the permanent residency process: The principal applicant, whether currently in or outside Quebec, must hold at least a Quebec Selection Certificate to entitle accompanying family members (spouse or dependent children) to the OWP. In all other cases, refer to government websites to check their admissibility: Government of Quebec/Government of Canada

  • Spouse of a worker under a Post-Graduation Work Permit (PGWP): the spouse’s eligibility for the OWP is subject to the same conditions as if accompanying a worker in the frame of the TFWP.

  • Spouse of international student: only students enrolled full-time in a graduate program (master’s degree lasting more than 16 months, doctorate, or one of the 11 professional programs covered by an exception) are entitled to the OWP for their spouse.
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