Ottawa, September 2020
Ottawa, September 2020

“Hypothetically—asking for a friend, obviously—can a foreign national work in Canada without a proper permit?”

No matter how it’s phrased, this is the gist of the question I get asked once in a while. Sometimes it comes from a backpacker running out of money and looking for under-the-table opportunities. Sometimes it’s from people far, far away who don’t qualify for any of the work permit options but want to come to Canada to find a better life and maybe a legal way to stay eventually. Sometimes it’s from foreign students or temporary residents with expired work permits.

Hey, I’m not here to judge.

From a legal perspective, working illegally in Canada can get you—and your employer—into a lot of trouble. It’s also probably morally questionable since you’re taking a shortcut and not paying income taxes.

But again, you’re not coming here for a lecture.

So how about a reality check? Working in Canada without a valid permit is difficult and that alone should be a deterrent.

Still considering it? Then you need a plan to tackle these challenges.

Four challenges illegal workers face

Challenge #1 – Lack of references

Congrats, you got a job interview. If it goes well, the next step will probably be a reference check, which means your potential employer will contact up to three former managers or supervisors to confirm employment dates and ask a few questions about your personal and professional skills.

If you were already working off the books in Canada, your previous employer may not appreciate being listed as a reference—I mean, technically, you didn’t exist, right?

And potential employers are less excited about foreign references— this a common immigrant job-seeker dilemma, by the way, the “Canadian experience catch-22.”

Issue #2 – No SIN number

Got a job offer? All legit employers will ask for your Social Insurance Number (SIN) during the onboarding process.

A SIN is a unique nine-digit number that identifies Canadian citizens, permanent residents and temporary residents. It’s used for tax reporting purposes, so your employer needs it when you start working.

Temporary residents are issued a SIN that begins with a “9.” Employers often ask for a copy of the work permit to make sure it’s still valid.

Permanent residents and Canadian citizens are issued a SIN that begins with “1” (if issued in Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador), “2” or “3” (Quebec), “4” or “5” (Ontario), “6” (Prairies, Northwest Territories, Nunavut and northwestern Ontario) and “7” if issued in the Pacific region.

Providing a fake SIN (i.e. just making up a number) won’t work for long because your employer will remit your income tax deducted to the Canada Revenue Agency and quickly realize the number doesn’t exist or doesn’t match existing records.

Issue #3 – Getting paid

Let’s assume you did get hired and started work. Now you want to get paid, right?

Most employers use direct deposit, which means your pay is electronically transferred to your bank account. Problem is, you need two pieces of ID to open a bank account in Canada. And if you’re not a Canadian citizen, you will need to show a confirmation of Permanent Resident or work permit.

If your employer pay by cheque, your only option will be to cash it in one of these “payday loans” places—Eazy Cash, Cash Shop, etc. They charge fees and probably ask for ID.

Issue #4 – Enforcing your worker’s rights

Let’s just say that employers who knowingly hire illegal workers aren’t usually known for best practices.

You could be forced to work overtime and for less than minimum wage, your work environment could be unsafe and there’s also a risk you’ll get paid whenever your employer feels like it.

Issue #5 – Stalling your career

On the long term, working illegally can hurt your career. First, it’s going to be tricky to list your experience on your resume and getting a reference from the job. Second, it’s also unlikely you’ll get meaningful opportunities—you’re probably going to be stuck with work no one else wants to do.

Still willing to chance it? Here are some options

Again, I don’t believe in lecturing people, so if you’re desperate for work you could:

  • Leverage the “immigrant network,” i.e. looking work opportunities within your community. For instance, working in an Australian pub as an Australian, with a Spanish construction crew if you’re Spanish, etc.
  • Look for odd jobs such as garden work, snow shovelling, pet care, cleaning, etc. Keep an eye on special events as well, extra help may be needed.

Do explore legal ways to work in Canada

Most foreign workers do need a permit to work in Canada but there are plenty of options for open work permits and employer-specific work permits. And if you’re 18-35 years old, you may be eligible for a Working Holiday Visa!

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12 Comments

  1. Martin Penwald November 5, 2020 at 1:57 am

    The thing, if you get caught working without a visa, you risk to be deported and banned to apply for one for a few years.
    If you don’t plan to immigrate to Canada, it’s not a big problem, but if it’s a goal in your life, it would be better to avoid it.

    Reply
    1. Zhu November 5, 2020 at 3:27 am

      Yep, that too. But for many reasons, I find it doesn’t resonate with people… mostly because those who do work illegally couldn’t get a work visa in the first place.

      I don’t know how strict Canada is. I remember Australia was, I herad many horror stories from backpackers been deported.

      Reply
      1. Martin Penwald November 5, 2020 at 9:10 am

        Thing is, Canada NEEDS workforce, business people in Québec whine regularly that there isn’t enough workers to fill job openings outside COVID troubles.

        Reply
        1. Zhu November 6, 2020 at 3:06 am

          “Unfortunately”, immigrants also enjoy worker’s right and aren’t too keen on working minimum wage when they are more than educated and trained back home. I still don’t understand why we make it so difficult for foreign doctors, for instance, to get their Canadian credentials while we desperately need more healthcare professionals. I have zero issue with seeing a doctor trained in Jamaica, Poland or Malaysia, beats not being able to see a doctor.

          Reply
          1. Martin Penwald November 8, 2020 at 2:51 am

            That doctors from other countries have to follow a course to know how the healthcare system works and a quick competence exam wouldn’t be absurd, but the actual situation is completely ridiculous.

          2. Zhu November 9, 2020 at 3:10 am

            I totally agree. There’s a difference between helping immigrants understand the local work market and requirements and creating a barrier.

            Do you ever see doctors here? What’s your experience with the local healthcare system in the West?

          3. Martin Penwald November 9, 2020 at 2:00 pm

            I only go to see doctors to renew my driving licence. Except once when I had to go to ER because I opened my lower lip when chaining a load (l’accident bête), and once to have my ear checked.
            It’s pretty straight forward, even if it’s Alberta, consultations are free.

            And I’ve never had to see a doctor on the road (but I have coverage through the company if needed).

          4. Zhu November 9, 2020 at 9:17 pm

            It gets really complicated in Ontario and Quebec when you need to see a doctor. Once in a while you get lucky at the walk-in clinic and you can be seen quickly (and the doctor will actually care) but most of the time, it’s just “deal with it alone”. I’m still pissed off I can’t even get a flu vaccine this year. I booked our appointment six weeks ago and it was cancelled last week because the province ran out of vaccines. Based on my experience, accessing healthcare and getting proper care (follow up, etc.) is frustrating.

          5. Martin Penwald November 10, 2020 at 10:43 am

            In fact, one of the reasons I moved from Québec to Alberta was that I was unable to find a doctor for my driving licence examination. Not the main one, but still.

          6. Zhu November 12, 2020 at 3:42 am

            Yeah, I’m still pissed Ontario is out of flu vaccine. No one around me managed to get it.

  2. NYC November 19, 2020 at 8:58 pm

    It is a free country and YES you can work illegally anywhere. The risk you take with this and how good you hedge that risk, it is a totally different story.
    If you work for cash/BTC, in software development for example, virtually from your home/lodging, and have a good relation with your employer (who is desperate for your skills) is totally doable.
    Been there done that, although I am eligible to work in Canada. Just wanted to cut off the government from taking a cut in a transaction between two individual. Pretty much like craiglist vs ebay (that will charge taxes on every reselling of used items).
    If you are sophisticated enough and have a community that can support you, there is plenty of creativity one can leverage and cut the middle man. You can not do all types of jobs illegally but with the digital world era we live in… sky is the limit.
    Either way all the issues you have raised are not valid for the scenario I had: digital contents development online. It is very similar to layers of shells, rich people apply for hiding their assets.
    As to the times we live in I can only recall this from MAD MAX movie: OH WHAT A DAY! WHAT A LOVELY DAY!

    Reply
    1. Zhu November 20, 2020 at 3:46 am

      This is a good point, technically you can work remotely for a company in XYZ country and live in Canada. However, as you pointed out, there are risks to consider on the long term, for example not being eligible for healthcare or even tourist visa limits. But yes, it’s doable and I’m sure many people take advantage of this work setup. I do to a certain extend when I’m travelling, although I can’t picture myself moving somewhere permanently as a Canadian remote worker 🙂

      Reply

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