Ontario has North America's 4th-largest regional concentration of biotechnology firms.

Ontario-based companies frequently look internationally to find top talent with specific skills and knowledge needed in their businesses. Similarly, multinational corporations with operations in Ontario often have a need to transfer key company personnel from an international office for a temporary period. In both of these cases, the foreign workers require work permits.

A Work Permit is a document issued by the federal Department of Citizenship and Immigration (CIC) that allows a foreign national who is not a permanent resident to work temporarily in Canada. Work permits specify the employer the foreign worker may work for, the length of time they are allowed to work in Canada, as well as any conditions or restrictions.

In general, representatives of foreign businesses wishing to visit Canada to explore investment opportunities or meet with Canadian companies do not require a work permit. If a temporary resident visa to enter Canada is required, it must be applied for at a Canadian visa office abroad. A business visitor is a foreign national who seeks to engage in international business activities in Canada without directly entering the Canadian labour market where the primary source of remuneration and place of business remain outside Canada.

Persons entering Canada to provide after-sales service, including supervising the installation of specialized equipment or machinery purchased or leased outside Canada, or to repair, service or provide familiarization services on such equipment do not require work permits. It is imperative that persons coming to Canada to perform this function have a copy of the original sales or lease agreement detailing the service required. One supervisor would normally be expected to supervise 5-10 workers. This exemption does not cover workers performing hands on building and construction work that would normally be done by a trades person.

Other work situations, described on the CIC web site, may also not require a work permit.

To work temporarily in Canada, persons who are not Canadian citizens or permanent residents require a work permit. Canadian immigration rules define work as an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market. It is Canadian government policy to ensure job opportunities for Canadian citizens and permanent residents. The federal Department of Human Resources and Skills Development Canada (HRSDC) is responsible for determining the effect on the Canadian labour market from the recruitment of foreign workers. HRSDC Foreign Worker Recruitment Counsellors process "confirmation" requests from companies to hire foreign workers.

Companies wishing to hire a foreign worker should contact their local HRSDC office to have the job offer "confirmed". If HRSDC determines that the recruitment of a foreign worker will have a neutral or positive impact on employment opportunities for Canadians, the confirmation may be approved. HRSDC approval is electronically transmitted to Immigration officials abroad (or in certain circumstances to a Canadian port-of-entry), and a confirmation approval notice is issued to the employer. Upon receipt of this notice, the prospective employee should be given a copy and instructed to contact the appropriate Canadian Visa office to apply for a work permit. The validity of the work permit is tied to the validity of the confirmation approval and may be renewed for a further period from within Canada. Processing fees are required for work permits.

Ontario companies wishing to hire a foreign worker should consult the Ontario HRSDC web site.

There are jobs, particularly in senior management categories, where labour market considerations do not apply. The following categories require a work permit, but grant exemption from the need to obtain a job confirmation:

• Intra-company Transferees including senior executives, managers, or employees with specialized knowledge. The employee must have been employed with a related company for at least one year and have a letter from the company explaining that the employee is being transferred temporarily to a permanent establishment of that company in Canada.
  
  
• Companies seeking to recruit computer software professionals can benefit from the Information Technology Worker Program. This collaborative project between Citizenship and Immigration Canada, Human Resources and Skills Development Canada, Industry Canada and the Software Human Resources Council of Canada was set up to assist the Canadian software industry to meet industry needs for skilled workers. The program allows for the recruitment of qualified foreign software workers in seven software development areas without obtaining a specific confirmation from HRSDC. Applicants must apply at a visa office abroad (US citizens and permanent residents may apply at a port of entry) and present a job offer letter detailing the specific duties of the position being offered, and have evidence of their education, training and work experience establishing their ability to meet the requirements of one of the seven job descriptions.
  
  
• Spouses of highly skilled work permit holders may apply for their own work permit without the need for a confirmation. In order to qualify, the applicant's spouse must have been approved for a work permit valid for six months or more in a management or high skill occupation as defined in the National Occupation Classification. The applicant does not need to have a written offer of employment from a Canadian employer in order to apply. Applications from spouses already admitted to Canada may be made by mail to the Case Processing Centre in Vegreville, Alberta. A spouse includes common-law or married partner.
  
  
• Canadian companies may be able to transfer foreign workers when it can be demonstrated that specific reciprocal employment opportunities exist for Canadians because of the recruitment of these individuals. For example, a Canadian company that maintains an exchange program whereby Canadian employees are relocated abroad to a subsidiary company may benefit from this provision to transfer international staff to its Canadian operations.
  
  
• Persons starting a business that will create a significant economic benefit through employment for Canadian residents or other economic activity may qualify for a self-employed work permit. Persons applying under this provision are strongly advised to research their business idea thoroughly and to prepare a comprehensive business plan.

Further details about the requirements for these, and other, work permit categories are available at CIC's Temporary Foreign Worker Manual.

If you wish to hire a foreign worker on a permanent basis, it is possible to obtain a permanent confirmation by applying to your local HRSDC office. If approved, the prospective employee would apply for permanent residence through a visa office abroad. In addition to demonstrating good health and character, applicants for permanent residence must meet the requirements for selection as a Skilled Worker immigrant.

Foreign workers in Canada on certain temporary work permits may receive extra points on their Skilled Worker immigration application without the need for an employer to obtain a permanent confirmation first. They must have at least one year left on their work permit and have an offer of permanent employment from a Canadian employer in order to be eligible for these arranged employment points.

Persons who have resided in Canada for at least three years as permanent residents are eligible, but not required, to apply for Canadian citizenship. Many permanent residents live for many years in Canada without becoming Canadian citizens.