A closed work permit mandates that a foreign employee can exclusively work for the employer who secured a positive LMIA and extended a job offer. If the foreign worker intends to stop working with this specific employer, they must seek approval to change the conditions of their work permit to maintain lawful employment status in Canada.
The LMIA involves assessing if hiring a foreign national will negatively affect Canadian workers. Employers typically need a positive or neutral LMIA to hire a foreign worker, who can then apply for a work permit from Immigration, Refugees, and Citizenship Canada (IRCC). Certain situations, such as international agreements or specific circumstances, may exempt foreign workers from needing an LMIA. Once an LMIA is approved, the Canadian employer provides the worker with the necessary documents for the work permit application. The work permit, issued at the point of entry, can range from a few days to several years and is often employer-specific. To work in Canada permanently, foreign workers may transition to the Canadian permanent residence process after obtaining a temporary work permit.
Even though the LMIA process is common, there are many special work permits that don't require it. These exemptions come from free trade agreements like the Canada-United States-Mexico Agreement (CUSMA), which used to be NAFTA. These agreements let foreign workers apply for a work permit without their employer going through the LMIA process. Besides employer-sponsored permits, there are also options for foreign workers without a job offer, like working holidays, post-graduate work permits, and open spousal work permits. Workers who don't need an LMIA are part of the International Mobility Program (IMP)
The Significant Benefit stream allows for LMIA exemptions if the foreign worker's contribution is deemed socially or culturally significant, supported by evidence such as academic achievements, awards, or recognition. Entrepreneurs may receive LMIA exemptions for temporary business operations, and intra-company transferees may be exempt if they hold executive, managerial, or specialized knowledge positions. Dependent family members, French-speaking skilled workers, academics, and those nominated for permanent residence by a province may also qualify for LMIA exemptions. Reciprocal employment agreements, international agreements like NAFTA, and international exchange programs, including charitable and religious work, offer further avenues for LMIA exemption.
Foreign enterprises associated with Canada, such as a parent company, subsidiary, branch, or affiliate, have the option to use the Intra-Company Transfer (ICT) program for bringing essential personnel into the country. This pathway exempts companies from the Canadian government's labour market test. Eligible individuals working for a multinational corporation can apply for an ICT work permit if there is a qualifying relationship between the foreign and Canadian entities and they fulfill employment conditions, including a one-year tenure in a similar role. The ICT permits cover executives, senior managers, functional managers, and individuals with specialized knowledge. The program also extends to start-up companies establishing operations in Canada, necessitating proof of financial viability, a business plan, secured premises, and the ability to support executive or management functions. The ICT Start-Up initiative offers a one-year temporary work permit, with renewal contingent on meeting specific criteria, such as maintaining a qualifying relationship and actively conducting business in Canada.
An open Work Permit allows a foreign worker to work unlimited hours for any employer in Canada. A job offer or a Labour Market Impact Assessment is not required to submit an open work permit application to Immigration, Refugees and Citizenship Canada (IRCC). The different types of open work permits are as follows:
To be eligible for a Post-Graduation Work Permit (PGWP), international students must have completed a program of study lasting at least eight months at an eligible Designated Learning Institution (DLI) in Canada, leading to a degree, diploma, or certificate. Full-time student status during each academic session is necessary, though exemptions apply during the COVID-19 pandemic. Graduates from various institutions, including public and private schools in Quebec and Canadian private schools, can qualify for a Post-Graduation Work Permit (PGWP). The validity of a Post-Graduation Work Permit (PGWP) ranges from 8 months to 3 years based on the program length, with specific guidelines provided by Immigration, Refugees, and Citizenship Canada (IRCC). Applicants must apply within 180 days of receiving a transcript and an official letter from the DLI confirming program completion. The application deadline flexibility exists for those with expiring study permits. The required supporting documents for a Post-Graduation Work Permit (PGWP) application include a letter and official transcript confirming program completion, and applicants must demonstrate their study permit history when applying.
Individuals who have applied to be sponsored by their spouse, or those whose spouses are in Canada on a study or work permit, may be eligible to apply for a spousal open work permit.
What is meant by a Spousal open work permit?
A spousal open work permit allows the spouse of specific temporary permit holders in Canada to work freely for any employer across the country with minimal limitations.
The requirements for applying for a spousal open work permit depend on the type of status your spouse has in Canada. For information, use the table below:
| Category | Foreign Worker in Canada's Occupational Skill Level Requirement | Foreign Worker in Canada's Minimum Work Permit Length |
|---|---|---|
| Spouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders | TEER 0, 1, 2 or 3 | 6 months |
| Spouses or common-law partners of provincial nominees | Any occupational skill level | 6 months |
| Spouses or common-law partners of bridging open work permit (BOWP) holders | Varies depending on the program principal applicant applies under | 6 months |
| Spouses or common-law partners of open work permit holders other than BOWP (incl. Post-Graduation Work Permit (PGWP), IEC) | TEER 0, 1, 2 or 3 | N/A |
| Spouses or common-law partners of study permit holders | N/A | N/A |
| In Canada spousal/common-law sponsorship applicants | N/A | N/A |
Spousal Open Work permit updates for spouses and common-law partners of international students in graduate and professional degree programs are forthcoming.
The spousal open work permit program is only available to spouses and common-law partners of students in graduate (master's and doctorate) and professional degree-granting programs. Those seeking to extend existing work permits will continue to be eligible under this stream.
Spouses and common-law partners of international students in other levels of study, including undergraduate and college programs, will no longer be eligible for a spousal open work permit unless they already hold one.
If you're a full-time student, you don't need an extra work permit as long as you're enrolled full-time. Your study permit automatically allows you to work off-campus for up to 20 hours per week while classes are on and full-time during breaks. This applies if you're studying at a designated learning institution (DLI) for at least six months to get a degree, diploma, or certificate.
To work in Canada, international students must be enrolled at a DLI and get a Social Insurance Number (SIN) from Service Canada. It's important to keep meeting the conditions of your study permit to stay eligible for off-campus work.
If you're taking general interest or preparatory courses, or learning English or French as a second language (ESL/FSL), you can't work in Canada during your studies. Before starting a job, it's the student's and the employer's responsibility to make sure they meet the eligibility requirements. Working without meeting these requirements could lead to enforcement actions under the Immigration and Refugee Protection Regulations.
The Post-Graduation Work Permit (PGWP) is accessible to international students who have successfully completed a qualifying program lasting at least 8 months on a full-time basis at a Designated Learning Institution (DLI). The primary aim of the PGWP is to provide international students with an opportunity to acquire professional work experience, enhancing their eligibility for Canadian immigration programs. If you satisfy the eligibility criteria for the PGWP, you can submit your application to Immigration, Refugees and Citizenship Canada (IRCC). The duration of your PGWP is determined by the length of your studies in Canada, with a maximum validity of 3 years. Typically, a PGWP can only be obtained once. Upon expiration of your PGWP, you must either have acquired Canadian permanent resident status, obtained another temporary permit, or left Canada.
A Spousal Open Work Permit lets people in Canada get a temporary work permit while their spouse's sponsorship application is being reviewed by Immigration, Refugees and Citizenship Canada (IRCC). With this work permit, the person waiting for sponsorship can work for any employer in Canada.
Yes, there are fees for work permits in Canada. Both workers and employers usually have to pay fees to the Canadian government for processing work permits. The fees are listed on the IRCC website.
If you have a work permit that requires an LMIA, you'll need to pay the work permit processing fee.
If you have an LMIA-exempt work permit, you need to pay both the open work permit holder fee and the work permit processing fee together.
Employers who require an LMIA need to pay a processing fee for the LMIA application. Even if an LMIA is not needed, employers still need to pay an employer compliance fee when submitting their job offer on the Canadian government's Employer Portal.
The time it takes depends on factors like whether a Labour Market Impact Assessment is needed, the type of work permit you're applying for, and where the worker is currently located. You can find estimated processing times on the IRCC Processing Times website (insert link).
In most cases, a work permit is tied to one employer. If someone switches jobs, they usually need to get a new work permit. However, there's a special kind called an open work permit that lets you change employers without applying again. Open work permits are not the usual case, but they might be given to the spouses or partners of certain work permit holders, spouses or partners of foreign students in Canada, people seeking asylum, family members sponsored within Canada, and students facing financial hardship in Canada.
Yes, your work permit will have specific conditions listed on it. For instance, if you have a closed LMIA-required work permit, the conditions will outline the type of job, employer, location, and duration of your work. Additionally, there are general rules for all foreign workers, like the requirement to leave Canada when your stay ends.
Some foreign workers might need a medical check if they're applying for a job that involves protecting public health. Jobs like health services, child care, or teaching in schools are examples. You might also need a medical check if you're planning to work in farming and have lived in a specific country or territory listed by Canada. If you want to work in Canada for more than six months and lived in one of these countries for six months in the year just before you move to Canada, you might need a medical exam. You can find the list of these countries on the Canadian government's website.
Yes, there's no specific limit. Each work permit is valid for a certain period. Some permits can be extended multiple times, but others, like the Post-Graduation Work Permit, can only be obtained once. If you have a permit that can't be extended, you can apply for a new one under a different category where you meet the requirements.
If your work permit is approved, IRCC will give you a "Port of Entry" (POE) Letter, also known as a "Correspondence Letter," "Introduction Letter," or "Introductory Letter." While it's not your actual work permit, it's crucial because you need to present it to Canadian border officials when you arrive in the country.
It corresponds to a total of 1,560 hours, with a maximum of 30 hours per week being considered, calculated as 30 hours multiplied by 52 weeks.
It should fall under TEER levels 0, 1, 2, or 3.
If your work permit is almost expired or you want to change its conditions, apply for a new one at least 30 days before it expires. Remember, you can't extend your work permit beyond your passport's expiration date.
You can ask to renew your work permit within the first 90 days after it expires. While waiting for instructions, you can stay in Canada, but you must not work until you get your renewed work permit.
Yes, you can. Just remember, your work permit is for working in Canada, not for traveling. To return, along with your valid work permit, you'll also need a temporary resident visa or an electronic travel authorization (eTA).
You are welcome to call us or email us or chat with us regarding your Canadian immigration questions and inquiries
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Adventure Immigration Services Inc.
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