The Government of Canada has officially clarified when foreign military personnel can work in the country without a work permit, specifying that only those entering under the Visiting Forces Act qualify for the exemption.
IRCC Publishes Official Rule on Work Permit Exemption
Immigration, Refugees and Citizenship Canada (IRCC) published the rule on its official website, outlining the conditions under which members of foreign armed forces may work in Canada without obtaining a work permit. The exemption applies narrowly to individuals who satisfy two simultaneous conditions: they must be active members of another country's armed force, and they must carry official movement orders explicitly stating their entry into Canada falls under the Visiting Forces Act.
The federal government stated that foreign military personnel do not need a work permit provided they hold movement orders confirming their entry is made under the terms of the Visiting Forces Act. Without that documentation, standard work permit requirements would apply.
Visiting Forces Act: Legal Framework and Requirements
The Visiting Forces Act is a Canadian federal law that governs the legal status of foreign military personnel operating in Canada. It covers matters such as criminal jurisdiction, civil liability, and the conditions under which members of allied forces may be present and active on Canadian soil.
Canada generally requires foreign nationals to obtain a work permit before taking up employment in the country. However, the IRCC maintains specific exemptions for categories of workers whose circumstances are governed by separate legal frameworks, including foreign military personnel.
Documentation and Compliance for Foreign Military Workers
For members of foreign armed forces who meet the criteria, presenting their movement orders serves as the qualifying document that removes the need for a separate immigration work authorisation. Those who arrive without the appropriate documentation would not automatically benefit from the exemption simply by virtue of their military status.
The exemption applies only to individuals who satisfy both conditions simultaneously: being an active member of another country's armed force and carrying official movement orders that explicitly state their entry into Canada falls under the Visiting Forces Act.
Related Immigration Updates and Legal Warnings
Legit.ng had also reported that Canada published four categories of foreign students who are allowed to work in the country without a permit. Meanwhile, a Canadian immigration lawyer disclosed a common mistake foreigners commit that can result in a five-year ban from Canada, warning that most applicants do not realise they are making it. The lawyer described a real case where a person failed to make a complete declaration about their status in their immigration application.
