Temporary foreign workers — Your

rights and the law

Canadian laws protect every worker in Canada. This includes temporary foreign workers
like you.

Your employer:

• must pay you for your work

• must make sure that your workplace is safe and
• cannot take your passport or work permit away from you.

Every province and territory has an office that deals with labour and employment laws. A
person at your local employment or labour standards office can talk to you about fair pay,
hours of work, rest periods, working conditions and provide other services.

You do not need your employer’s permission to call this office or visit its website.
They cannot punish you or have you deported for it.

See Provincial and territorial employment standards offices in the Related Links section
at the bottom of this page to find your local office.

Note: Federal labour and employment laws cover:

• the federal government

• banks
• companies that transport goods between provinces
• telecommunications companies and
• most businesses owned and run by the federal government.

Most other occupations are covered under provincial and territorial laws.

• Employment contracts
• If you lose your job
• Housing
• Health and safety
• Refusing dangerous work
• If you are hurt at work
• Is your work safe?
• Farm workers’ rights

Employment contracts
You may have signed an employment contract, depending on your job.
If you have a contract, it should include:

• details of your job and

• conditions of employment.

The conditions state the highest number of hours you will work each week and how much
you will be paid. Both you and your employer must follow the contract.

The laws on hours of work and overtime (extra time or time worked after regular hours)
are different depending on the province or territory you are in. Contact your local
employment or labour standards office if you need more information about contracts.

Keep a copy of your contract. If you and your employer disagree about work details in
the future, the contract may help you.

The contract also has information about the money that may be taken out of your pay (for
example, the amount paid to the Canada Pension Plan and Employment Insurance, which
you may be eligible to collect).

See Eligibility for Employment Insurance in the Related Links section at the bottom of
this page to find out if you are eligible for benefits.

If you lose your job

Usually, your employer must give you written notice or pay you instead (this is called
termination pay) before telling you to leave your job.

Your employer does not have to warn you when you are being let go for a “just cause”
(for example, serious misconduct or missing work without good reason).

If you have a contract for a specific period or a specific job, your employer does not have
to give you notice when your contract ends.

The rules about notice of termination are different in each province and territory.

If your employer does not follow the law when they dismiss you, you can complain to the
local employment or labour standards office.

If you are covered by a union contract, you may have to make a formal complaint
through the union.

Housing
Employers do not have to give you a place to live in Canada, unless you are:
 • a temporary farm worker in the Seasonal Agricultural Workers Program or
• a live-in caregiver under the Live-in Caregiver Program.

If you are given room and board, your employer may take part of the cost out of your
pay. In most provinces, the amount charged for meals and board is limited. The amount
must be noted in your contract.

Health and safety

All workers in Canada have the right to a safe and healthy workplace. There are laws to
protect workers from danger.

Provincial, territorial and federal governments each have their own laws and ways of
looking into health and safety matters.

Refusing dangerous work

Most of the time, you have the right to refuse to work if you believe that the work you are
doing or have been told to do is dangerous.

You must be paid until

• the danger is removed

• you feel the problem no longer exists or
• a government official tells you that it is safe to do the work.

Your employer cannot punish you for refusing dangerous work.

If you are hurt at work

Many provinces and territories provide workers’ compensation benefits. Workers’

compensation gives you help (medical or wage benefits) if you are hurt on the job or if
your job causes you to get sick.

In some provinces or territories, employers do not have to sign their employees up for the
plan.

If employers do not have to take part in the workers’ compensation plan in the province
or territory where you work, your employment contract must say this.

Your employer must not take any money from your pay for the plan. Contact your local
employment or labour standards office if you need more information about workers’
compensation benefits.
Note: If you have an accident at work, talk to your supervisor at once. See a doctor right
away if you need medical help.

Is your work safe?

Ask yourself questions such as:

• Have I been properly trained for the job I am doing?

• Have I been given the right safety equipment to do the job?
• Do I feel unsafe when doing my job?
• Do I work close to dangerous materials?

To report an unsafe workplace, contact your local employment or labour standards office.

Farm workers’ rights

Some farm workers in Canada have special rights. For more information, contact your
local employment or labour standards office. You can also visit Seasonal Agricultural
Worker Program in the Related Links section at the bottom of this page to find out more
about these rights.

Citizenship and Immigration Canada and Human Resources and Social Development
Canada (HRSDC) jointly manage the Temporary Foreign Worker Program.

E-Mail and Internet Scams

Don’t be the victim of a scam. If it sounds too good to be true, it probably is. The results
of these scams can include:

• identity theft
• fraud
• theft from your bank account or credit card
• computer viruses

Remember:

• No one can guarantee you a job or a visa to Canada.

 • Only authorized officers at Canadian embassies, high commissions and consulates
can decide whether or not to issue a visa.
• Processing fees are the same at all Canadian visa offices around the world. Fees in
local currency are based on official exchange rates and correspond to the amount
in Canadian dollars.
• Fees for Canadian government services are usually paid to the “Receiver General
of Canada,” unless the visa office website specifies something different.
• Canadian visa offices will never:
o ask you to deposit money into an individual’s personal bank account
o ask you to transfer money through a specific private money transfer
company
o use free e-mail services such as Hotmail or Yahoo
• You will find free application forms and guides for all types of visas on CIC’s
website.
• Be careful if the salary of the job you’re applying for seems unbelievably high.

Top of Page

Fake websites and other Internet scams

It is easy for criminals to copy a real website or build one that looks professional.
Websites may claim to be official Government of Canada sites or affiliated with the
Government of Canada. Others may claim to offer special immigration deals or
guaranteed high-paying jobs to trick people into paying them money. Some of these sites
may try to get you to provide private information that could be used to steal your identity.

Some things to watch for:

• CIC’s website address is www.cic.gc.ca. Remember, if even one character is

different, that means it’s a different website. All Government of Canada websites
end in “.gc.ca” (for example, www.canadainternational.gc.ca).
• If the website claims to be for an immigration organization offering special deals
to potential immigrants, be careful. Do not pay for offers of guaranteed entry into
Canada or faster processing of your application. These claims are false.
• Check the address in your browser’s address bar after you arrive at a website to
make sure it matches the address you typed.

Other ways to protect yourself:

• Never enter private information unless there is a padlock in the browser window
or ”https://” at the beginning of the Web address to show it is secure.
 Examples:

• If you’re suspicious about a website, do a Web search to see if anyone has

reported any problems with that site.
• Make sure your browser is up to date. Browser filters can help detect fake
websites.
• Be wary of websites advertised in unsolicited e-mails from strangers.
• Don’t give out personal information unless you’re sure you know who you’re
dealing with.
• If in doubt, contact the website owner directly by telephone or e-mail before
doing anything.
• Find out more about who can legally represent you if you choose to hire an
immigration representative.

Top of Page

E-mail scams
You may get an e-mail that appears to be from a legitimate company, asking for private
information such as your date of birth, passwords or credit card information. Sometimes
you will be asked to do this by visiting a fake website like the ones mentioned above.

Some people have received e-mails that appear to be from CIC and that offer special
immigration deals in exchange for personal information. CIC will never send you an e-
mail asking for private information.

If you get this kind of e-mail, do not click on any links or provide any information about
yourself. If you have any doubts, contact the local Canadian embassy, consulate or high
commission directly.

Some things to watch for:

• The sender’s e-mail address doesn’t match the real website address. CIC’s
website address is www.cic.gc.ca. All Government of Canada websites end in
“.gc.ca” (for example, www.canadainternational.gc.ca).
• The website claims to be for an immigration organization offering special deals to
potential immigrants. Do not pay for offers of guaranteed entry to Canada or
faster processing of your application. These claims are false.
 • The address in your browser’s address bar after you arrive at a website is not the
address you typed. Make sure it matches.
• The e-mail is sent from a completely different address or a free Web mail address
(e.g., Yahoo mail, Hotmail, gmail, etc.).
• The e-mail uses a generic greeting like “dear customer” instead of your real name.
• The sender requests personal information like your date of birth, password or
bank details.
• The e-mail is unexpected.
• The message is an image instead of text.

Note: CIC does not send visas by e-mail.

Visiting Canada: Letter of invitation for

countries whose citizens require a
Temporary Resident Visa to enter
Canada
This is not a legal document. For legal information, consult the Immigration and Refugee
Protection Act and its Regulations.

Sometimes a person applying for a Temporary Resident Visa to visit Canada is asked to
provide a letter of invitation from someone in Canada. The following information will
help you prepare such a letter to send to a relative or friend abroad.

A letter of invitation does not guarantee that a visa will be issued. Visa officers assess the
applicant to determine whether they meet the requirements of the Immigration and
Refugee Protection Act.

Note
The following information is only a guide. You must write the letter of invitation
yourself. Some visa offices may require that your letter be notarized by a Notary Public.
Check with the visa office that is processing the application to find out if you need to do
this.
By writing a letter of invitation, you are not legally responsible for the visitor once they
get to Canada, but you should provide the letter in good faith. You must give truthful
information and intend to keep the promises you made in the letter.

Send your letter (notarized if necessary) to the person you are inviting to Canada. They
must then submit this letter to the Canadian Embassy or Consulate outside of Canada
when they apply for their Temporary Resident Visa.

Your letter must include the following information about the person being invited:

• Complete name.
• Date of birth.
• The person’s address and telephone number.
• Your relationship to the person being invited.
• The purpose of the trip.
• How long the person you are inviting intends to stay in Canada.
• Details on accommodation and living expenses.
• The date the person you are inviting intends to leave Canada.

Your letter must also include the following information about yourself:

• Complete name.
• Date of birth.
• Address and telephone number in Canada.
• Occupation.
• Whether you are a Canadian citizen or Permanent Resident
• A photocopy of a document proving your status in Canada. For instance, a
Canadian birth certificate if you were born in Canada or a Canadian citizenship
card if you are a naturalized citizen. If you are Permanent Resident, you must
send proof of your permanent resident status (a copy of your PR card or your
IMM 1000 proof of landing).

See a complete list of countries and territories whose citizens require a Temporary
Resident Visa to enter Canada.
Visiting Canada: Temporary Resident
Visas – How to apply
Before you plan your visit, you should find out if you need a visa to enter Canada. If you
don’t know, see Do you need a Visa? in the Related Links section at the bottom of this
page to find out if you need to apply for one.

Check the website of the visa office responsible for the country or region where you live
for more information on fees, including how to pay them. See List of Canadian visa
offices in the Related Links section at the bottom of this page to find the correct office for
your country.

How to apply for your Temporary Resident Visa

1. Obtain a Temporary Resident Visa application package.
2. Read the guide.
3. Complete the application form and attach the necessary documents.
4. Pay the fee and get the necessary receipt.
5. Mail the application form and necessary documents.

1. Obtain a Temporary Resident Visa application package.

The package includes the application guide and all the forms you need to fill out.
Download and print the application package.

2. Read the guide.

Read the guide carefully before you complete the application form. The fee for
processing your form is not refundable, so make sure you are eligible to get a Temporary
Resident Visa before you apply.

3. Complete the application form and attach the necessary documents.

The application form contains instructions. Read the instructions and be sure to provide
the required documents. If you do not provide all the requested information or
documents, your application may be delayed.

You can use the same application form for your spouse or common-law partner, and for
dependent children under 18 if they will be travelling with you.

All required documents must be included with your application:

 • You must have a valid travel document (such as a passport) for each family
member on the application.
• Two recent passport photos of each family member are required. Make sure these
photos meet the requirements. For more information on specifications for
photographs, see the Related Links section at the bottom of this page.
• Enclose the application fee. Your fee will not be refunded, even if your
application is not accepted.
• You must provide proof that you have enough money for your visit to Canada.
The amount of money may vary, depending on the circumstances for your visit,
how long you will stay and whether you will stay in a hotel, or with friends or
relatives. You can get more information from the Canadian visa office in your
country or region.
• You may need to include other documents. These documents could be
identification cards, proof of employment, a letter of invitation from relatives or
friends in Canada, or a proposed itinerary. Check the website of the visa office
responsible for the country or region where you live for more information.

4. Pay the fee and get the necessary receipt.

The fee per person is $75 for a single entry visa, $150 for a multiple entry visa or $400
for a family (multiple or single entry).

Check the website of the visa office responsible for the country or region where you live
for more information on fees, including how to pay them.

5. Mail the application form and necessary documents.

When you have completed the application form, make sure you sign and date it, and that
all required documents and fees are included in the envelope. In most countries,
application fees must be paid in Canadian dollars. You must send your application to the
Canadian visa office in the country or region where you live. Check the guide in your
application package for instructions.

Processing time
How long it takes to process your application varies depending on the visa office where
you applied. You can find out more about application processing times in the I Need
To… section on the right-hand side of this page.

An interview with a visa officer

You may need to go for an interview with a visa officer. See more information about an
interview in After Applying on the right-hand side of this page.

A medical examination
You might need a medical examination to be allowed to enter Canada. If you do, a
Canadian immigration officer will tell you and will send you instructions about what to
do. A medical examination can add more than three months to the processing time of
your application. You can find more information on medical examinations in the I Need
To… section on the right-hand side of this page.

Using a representative
You do not need a representative to help you apply to visit or immigrate to Canada.
Whether you use a representative is a personal choice. Find out more about using a
representative.

Learn about:

• Visiting Canada – After applying for a visa

Visiting Canada: Temporary Resident

Visas – After applying
Most applications for Temporary Resident Visas are processed within a month or less.
Processing times vary depending on the visa office. You can check processing times in
the I Need To… section on the right-hand side of this page.

Note: If you need a visa to travel to Canada, you must also have a valid travel document,
such as a valid passport, titre de voyage or Certificate of Identity. For specific
information on passport requirements for your country please see the List of Canadian
embassies in the Related Links section at the bottom of this page.

Change of address
If you move or change your address, telephone number or any other contact information
after you send your application to the Canadian visa office in your country or region, you
must notify the visa office.

How your application is processed

After you send your application, it will be reviewed at the visa office to ensure it has been
completed correctly and that it contains all the required documents. A visa officer will
decide if an interview with you is necessary. If an interview is required, you will be
notified of the time and place.

If your application is refused, your passport and other documents will be returned to you.
You will also receive an explanation why your application was refused. If you sent
fraudulent documents, they will not be returned.

If your application is approved, your passport and documents will be returned to you with
your visa.

For more information about Canada and places to visit during your stay, see the
Government of Canada website in the Related Links at the bottom of this page.

Note: a valid temporary resident visa and valid travel document do not guarantee you
automatic entry into Canada. If you arrive in Canada and a Canadian official finds that
you are no longer admissible because

• your circumstances changed, or

• new information on you came to light (such as false information on your
application for a temporary resident visa)

you may not be allowed to enter Canada.

Visiting Canada: Extending your stay

Changing your status after coming to Canada as a
visitor
After you arrive in Canada, you may want to change the conditions of your visit. This is
possible in special cases.

Most visitors are allowed to stay in Canada for no more than six months but, in some
cases, visitors can stay longer. The date that you must leave Canada will be stamped in
your passport. If you have a study permit or a work permit, the same expiry date will also
be stamped in it.
If you decide you want to stay longer, you can apply for an extension. You must send
your application to extend your stay at least 30 days before your Temporary Resident
Visa expires. If you stay longer than you are allowed by your visa, you will lose your
temporary resident status and you could be asked to leave Canada.

You must apply to extend your stay if you want to:

• visit, study or work longer in Canada

• change the type of your permit (for example, from studying to working in
Canada) or
• change the conditions of your stay (for example, if you are studying or working in
Canada, and you want to change schools or jobs).

How to apply to extend your stay

Did you know that you can now apply online to extend your stay as a visitor?

If you prefer to continue with the paper forms, there are five steps to apply to extend your
stay:

1. Obtain an application package.

2. Read the guide.
3. Complete the application form and attach the necessary documents.
4. Pay the fee and get the necessary receipt.
5. Mail the application form and documents.

1. Obtain an application package.

The package includes the application guide and all the forms you need to fill out.
Download and print the application package.

2. Read the guide.

Read the guide carefully before you complete the application form. The fee for
processing your form is not refundable, so make sure you are eligible to extend your stay
before you apply.

3. Complete the application form and attach the necessary documents.

The application form contains instructions. Read those instructions, and be sure to
provide the required documents. If information or documents are missing, your
application may be delayed.

Make sure you explain why you want to extend your visit to Canada. Collect all the
documents you need. See the Application Guide for more information.
4. Pay the fee and get the necessary receipt.

The fee is $75.

The fee is payable in Canadian funds only.

To pay your fees on the internet, you must:

• Have a PDF Reader.

• Have a printer.
• Have a valid email address.
• Pay with a Visa®, MasterCard® or American Express® credit card.
• Print the “receipt of payment” page and include it with your application.
• Pay your fees on the Internet when you are ready.

To pay your fees at a financial institution in Canada, you must:

• Obtain an original payment receipt form (IMM 5401). Order it online or contact
the Call Centre.
• Fill the receipt form and bring it with you when you go to pay your fees.
• Include the completed payment receipt form (IMM 5401) with your application.

For more detailed instructions, read the “Paying the Fees” section of the application
guide.

5. Mail the application and the necessary documents.

Mail your completed application to the address given in the application package. Make
sure you include the fee receipt and all the necessary documents.

You can find information on how long it will take to process your application. You can
also check the status of your application by contacting the CIC Call Centre.

Becoming a permanent resident of Canada

If you wish to stay in Canada as a permanent resident, you must leave the country and
apply from outside Canada. To become a permanent resident, you must meet the
requirements for immigration to Canada.

You can apply to become a permanent resident from inside Canada if you are:

• a refugee or a protected person

• a spouse or common-law partner of a Canadian citizen or permanent resident
• a live-in caregiver or
• you hold a valid Temporary Residence Permit (formerly called a Minister’s
Permit).
Find more information about becoming a permanent resident.

Working or studying in Canada

Most visitors to Canada are not allowed to work or study in Canada without permission.

You must apply for a work permit or a study permit before coming to Canada. If you are
visiting Canada and you want to apply to work or study, you must leave Canada and
apply from your home country. However, in some cases, working without a permit or
studying without a permit is allowed. For more information, see:

• Studying in Canada
• Working in Canada