Inviting non-Canadians to uWaterloo

Please contact Elisabeth Esson (eesson@uwaterloo.ca) before starting the process of inviting non-Canadians to uWaterloo.

uWaterloo’s obligation

ANY invitations, offers, or appointments made by any employee member of uWaterloo, legally binds uWaterloo under the Employment Standards Act & Regulations.

If the invitee is a non-Canadian/PR, it further legally binds uWaterloo under the Immigration & Refugee Protection Act & Regulations.

Tourist (a.k.a. visitor) versus worker

Under the Canadian Immigration & Refugee Protection Act & Regulations (IRPA & IRPR), there is a distinct difference between who is here to visit as a "tourist" (a.k.a. "visitor") or as a "worker."

Visit is defined as a non-Canadian entering Canada to temporarily stay for a particular purpose.

Tourist is defined as someone who is here to observe activities, places, or events only.

Worker is defined as someone who is here to perform a duty or activities with or without remuneration.

Inviting a visitor or worker to uWaterloo

Every non-Canadian requires some kind of immigration documentation in order to legally enter Canada.

Invitations must be formalized – especially if your visitor will be here for more than 5 days – in order for your invitee to obtain the appropriate immigration documentation to enter Canada.

What is required

The following needs to be done for all invitees to uWaterloo:

“Invitation Letter” to invitee with appropriate wording (if required) for Immigration purposes.
Upon acceptance by invitee of “Invitation Letter,” formalized “Offer Letter” stating start and end dates, remuneration, purpose of visit (i.e., work as a “Research Assistant”) from Dean’s Office and Appointment Form to be completed (or as practice norm for your department/faculty).

Money versus no money

Money is defined as ANY form of remuneration – i.e., salary, honorarium, travel reimbursement, living expenses. Depending on whether any kind of remuneration is offered to an invitee, can determine what immigration documentation is needed for them to enter Canada.

Money versus no money AND visit versus work

Just because there may or may not be any kind of remuneration being offered, the purpose for which the invitee is here will also determine what kind of immigration documentation is required for them to enter Canada.

Labour Market Opinion (LMO)

As part of "Labour Market Opinion," HRSDC/Service Canada works case-by-case to make sure that employers meet certain eligibility criteria (R203(3)), such as offering prevailing wage rates, acceptable working conditions, and making comprehensive efforts to fill vacant positions with Canadian workers or permanent residents.

Work not requiring LMO confirmation

Most foreign workers require a work permit; however, in the following cases, no LMO confirmation is needed:

Guest lecturer
Visiting professors
Post-doctoral fellows
Research award recipients
International agreements, such as CUSMA, CCFTA, and GATS

Visiting scholars/researchers: Business visitors

Visiting a faculty/department to discuss research matters of mutual interest.
No intent to enter the Canadian labour market; thus, no employer-employee relationship can exist between the business visitor and uWaterloo.
Principal place of the business visitor’s employer is located outside of Canada; primary source of the business visitor’s remuneration and accrual of profits of the business visitor’s employer must remain outside Canada.
Worker Permit exempt under R186(a) of IRPR.

Visiting scholars/researchers: Non-business visitors

Visiting a faculty/department to collaborate on research matters of mutual interest.
Intent to enter the Canadian labour market; thus, an employer-employee relationship exists between the non-business visitor and uWaterloo (i.e., any form of remuneration or reimbursement.
Principal place of the non-business visitor’s employer may be located outside of Canada; primary source of the non-business visitor’s remuneration may be outside Canada; however, purposes of the visit to Canada involves an activity that directly competes in the Canadian labour market.
Work Permit required and possibly LMO required.

Work requiring LMO confirmation

RAs, TAs, lab techs, visiting scholars, staff

If the foreign hire is NOT a student with uWaterloo AND they do not fall into one of the categories previously mentioned, then an LMO confirmation IS required before a Work Permit will be issued.
Depending on the type of work, number of hours to be worked, salary offered, length of contract, and advertising done for the position, an LMO is very difficult to obtain.
The "Foreign Visitor's Checklist" will determine what immigration documentation is needed.

Genuine working visits to uWaterloo

The purpose of visit must be one of the following in order to be LMO and Work Permit exempted:

Student returning to defend thesis.
Visiting faculty here on sabbatical from another university who still retains a position to return back to.
Guest speakers here for an event that is less than or equal to 5 days.
Conference Chairperson organizing a conference or convention in Canada.
Academic Evaluator or Examiner for a research project, proposal, program, or thesis.

Potential PhD student

Scenario: Faculty member would like to offer a "visit" to a potential PhD candidate to observe the candidate before accepting them as a PhD.

Issue: "Visit" will require immigration documentation.

Depending on what is offered, where the student is from, and duration of the "visit," in most cases, an LMO confirmed Work Permit is required.

Offered work to non-PhD student

Scenario: Non-PhD student is completing their studies in a non-Canadian institution and faculty member would like to offer employment after graduation.

Issue: Employment will require immigration documentation.