Canada warns visitors: Visa or eTA does not give you the right to work

Canada has issued a fresh reminder to foreign nationals, including Nigerians planning to travel to the country, that having a visitor visa or electronic travel authorisation (eTA) does not give them permission to take up employment.

Immigration, Refugees and Citizenship Canada (IRCC) says most foreign nationals need a valid work permit before they can legally work in Canada, although limited exemptions exist for specific categories of workers.

The clarification is particularly important for visitors who may assume that entering Canada legally also gives them the right to accept a job once they arrive.

It does not.

Canada’s immigration authorities state explicitly that a valid eTA or visitor visa “does not give you the right to work in Canada.” In most cases, a work permit is required. The government also warns that most visitors are not eligible to apply for a work permit from inside Canada.

Two routes to a Canadian work permit

For foreign nationals who are eligible to work, Canada generally has two major categories of work permits: employer-specific work permits and open work permits.

An employer-specific permit ties a worker to the conditions specified on the document, including the employer, location and occupation. A job offer is normally required, and in many cases the employer must obtain a Labour Market Impact Assessment (LMIA) before the worker can apply.

An open work permit is different. It allows an eligible foreign national to work for an employer without being tied to one specific employer, although restrictions can still apply. Importantly, an open work permit is not available to everyone; applicants must fall into one of the categories recognised by IRCC.

IRCC therefore advises prospective workers to establish which permit they qualify for rather than assuming they can simply choose whichever option they prefer.

Where can applicants apply?

Depending on their circumstances, eligible applicants may apply for a work permit from outside Canada, inside Canada or, in limited situations, at a port of entry.

The rules are not identical for every applicant. For example, people from visa-required countries cannot generally apply for a work permit at a Canadian port of entry.

Applicants applying from outside Canada can submit their applications online, provide the required documents and biometrics where applicable, pay the relevant fees and track the application through their IRCC account.

For those still searching for employment, Canada's official Job Bank also provides information on available jobs and opportunities for foreign candidates.

Some people can work without a permit

There are exceptions to the general requirement.

IRCC says certain foreign nationals can work without a work permit when their occupation or circumstances fall within a specific exemption. These can include some business visitors, foreign representatives, military personnel and certain short-term professionals or researchers. However, meeting the conditions of an exemption is essential; simply travelling to Canada as a visitor does not create one.

There are also separate rules for international students, graduates, family members of foreign workers, participants in International Experience Canada programmes and people in other special categories. Some eligible graduates, for example, may qualify for a post-graduation work permit, while certain spouses and partners may qualify for an open work permit.

What happens after approval?

Getting permission to work is only part of the process.

Foreign workers may need a Social Insurance Number (SIN) and must understand the restrictions attached to their permits. An employer-specific permit, for instance, can restrict the worker to a particular employer, occupation or location.

Workers are also protected by Canadian labour laws. Employers must pay workers for their work, maintain safe workplaces and cannot take away a worker’s passport or work permit.

Depending on the circumstances, workers may later be able to extend their permits, change employers or seek another immigration pathway. Holders of employer-specific permits who want to change jobs generally need to apply for a new permit, while open-work-permit holders have greater flexibility.

Canada warns against illegal work

The warning becomes more serious where someone decides to start working without authorisation.

IRCC says unauthorised employment is illegal and can have significant immigration consequences, including removal from Canada, a five-year ban on returning, a permanent record of fraud with IRCC and problems with future applications, including applications for permanent residence.

The government is also warning prospective migrants about scams. Anyone promising a Canadian job or work permit in exchange for money, or claiming that employment automatically guarantees permanent residence, should be treated with caution.

What Nigerians planning to work in Canada should know

For Nigerians hoping to travel to Canada for employment, the distinction is straightforward:

A visitor visa gets you permission to travel as a visitor; it is not a work permit. An eTA is likewise a travel authorisation, not employment authorisation.

Anyone intending to work should first determine whether they need a work permit, identify the appropriate category, satisfy the eligibility requirements and obtain the necessary authorisation before starting work.

The official Canadian immigration guidance is available through Canada’s work-permit information portal, while prospective workers can use IRCC’s official work-permit application guidance to check the route applicable to their circumstances.