Work in Canada
What is a Work Permit?
In Canada, there are regulations governing temporary work, particularly for individuals classified under the 'worker class.' Most individuals in this category require a work permit to work legally in Canada.
A work permit is an official authorization to work in Canada. Without it, individuals are not permitted to work in the country, unless they meet specific exceptions outlined in Canadian law.
If you are in need of a work permit, you might qualify for either:
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This type of work permit allows individuals to work in Canada under specific conditions. They are typically tied to a particular employer, duration, and location. Before applying for this permit, the employer must provide the individual with an employment contract and Either a Labour Market Impact Assessment (LMIA) – a document confirming the job's demand in Canada and the unavailability of Canadian citizens or permanent residents for the role – OR an offer of employment number for positions exempt from LMIA requirements.
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An open work permit, granted in specific situations, enabling the person to work for any employer in Canada, with some exceptions.
Since open work permits aren't tied to a specific job, your employer doesn't require a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada. Hence, they don’t have to go through the process of getting approval from Employment and Social Development Canada or show that they've made a job offer through the Employer Portal and paid the fee.
Open work permits may come with restrictions, such as limitations on the type of job you can hold, for example, requiring a medical exam for certain positions, or specifying the location where you are allowed to work, such as being restricted to a specific province if you hold an open work permit under the provincial nominee class.
In some cases, the work permit might be occupation-restricted, allowing the applicant to work for any employer, but the career is restricted to a particular profession (e.g., Home Child Care Provider Pilot and Home Support Worker Pilot).
Before applying for a work permit, it's important to determine whether you need one and, if so:
Identify which type of work permit may be suitable for your situation.
Check for any specific instructions you must follow when applying.
Specific requirements vary depending on whether you are applying from outside or inside Canada, as well as whether you need to apply before entering Canada, upon entry, or after entry. However, there are some requirements that all applicants must meet.
Eligibility Requirements for all Applicants
Regardless of your location or the type of work permit you're applying for, you must meet the following criteria:
Convince the immigration officer that you will leave Canada before the expiry of your work permit.
Demonstrate that you are able to financially support yourself (and your family, if applicable) during your stay in Canada and for your return travel to your country.
Be admissible to Canada, meaning you must follow the law and maintain a clean criminal record (you might be required to provide a police clearance certificate).
Pose no threat to Canada's security.
Maintain good health and undergo a medical examination if required.
Avoid working for ineligible employers.
Provide any additional documents requested by the officer to prove your eligibility for entry into the country.
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The Labour Market Impact Assessment (LMIA) is a crucial document issued by Employment and Social Development Canada (ESDC), necessary in many situations when Canadian employers seek to hire foreign workers. A positive LMIA demonstrates the necessity of hiring a foreign worker for a specific job role, while also confirming the unavailability of Canadian citizens or permanent residents to fulfill the position.
Obtaining a positive Labour Market Impact Assessment (LMIA) is a prerequisite for employers considering hiring foreign workers under the Temporary Foreign Worker Program (TFWP).
It's important to highlight that foreign nationals cannot directly apply for an LMIA; rather, Canadian employers are responsible for initiating the application process. Once obtained, the employer then provides the confirmation to the foreign national, enabling them to apply for a work permit under the program.
The Temporary Foreign Worker Program (TFWP) aims to address Canada's labor shortages and encompasses streams such as the High-Wage Position Stream, Low-Wage Position Stream, Agricultural Stream, and the Seasonal Agricultural Workers Program (SAWP).
However, certain provisions within the Immigration and Refugee Protection Regulations (IRPR), specifically sections 204-208, allow for the issuance of LMIA-exempt work permits.
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All streams of Canada’s Temporary Foreign Worker Program (TFWP) mandate employers to obtain an LMIA for hiring outside of Canada. Additionally, many immigration pathways to Canadian permanent residency necessitate a positive LMIA to claim points for a Canadian job offer.
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Employers aren’t always required to obtain an LMIA to hire foreign workers. In such cases, they can opt for LMIA-exempted work permits, often facilitated through the International Mobility Program. For more details on LMIA exemptions and exemptions from work permit requirements, explore Labour Market Impact Assessment (LMIA) exemption codes – International Mobility Program (IMP)
How We Can Help
Work permit
Foreign Workers:
If you are unsure about your circumstances and need assistance determining whether you need a work permit, and if so, which type of work permit category you should apply for, we are here to help you!
Feel free to reach out for guidance on the most suitable work permit for your situation if you need one.
Employers:
We're here to support you in your LMIA application process. Our assistance includes guiding you through requirements, streamlining processes, reviewing compliance with immigration laws, exploring alternative pathways, and liaising with immigration authorities. Our aim is to simplify the process, enhance the chances of success, and minimize errors or delays.
How We Can Help
Maintaining Work Permit Status
If your work permit is about to expire or has already expired, please contact us to assess your situation and assist you with applying to maintain your status while you wait for your new permit, if eligible.
