HomeCanadian Work Permit

Immigrating to Canada is a complex process, and one of the key steps for many newcomers is obtaining a work permit. In this article, we will explain the different types of work permits available for immigrants in Canada, including employer-specific work permits, open work permits, and spousal open work permits. We will also cover the Labour Market Impact Assessment (LMIA) process and the Temporary Foreign Worker Program (TFWP), which are critical for understanding the requirements and limitations of each type of permit.

A work permit is a document from IRCC that allows foreign workers to take on employment in Canada. Work permits are either employer-specific or open, meaning it can be for one specific job with a specific employer or for any type of work with any employer in Canada.

Generally speaking, anyone who is not a Canadian citizen or permanent resident and wishes to work in the country must apply for a work permit. Even if you are an international student studying at a Canadian educational institution, you may still need a work permit if you want to take on part-time or full-time employment.

Most immigrants need a work permit to work in Canada. There are two types of permits for work. An employer-specific work permit and an open work permit.

There are 2 types of work permits, open and employer-specific. An open work permit allows you to work for any employer in Canada, while an employer-specific one requires a valid job offer from 1 specific Canadian employer. Both of these types of permits require that applicants meet the necessary eligibility criteria set out by the IRCC.

An employer-specific work permit outlines the specific name of the employer you are allowed to work for, the duration for which you can work, and the location of your job (if applicable).

Employer-Specific Work Permit Eligibility:

For an employer-specific work permit application, your employer must provide you with:

• A copy of your employment contract
• Either a copy of a labour market impact assessment (LMIA) or an offer of employment number for LMIA-exempt workers (your employer can get this number from the Employer Portal)

Labour Market Impact Assessment (LMIA)

An LMIA is a document that employers in Canada may need to obtain before they hire an international worker. An LMIA will be granted by service Canada if there is a need for an international worker to fill the job in Canada. It will also demonstrate that no worker in Canada or permanent resident is available to perform the job. A positive LMIA is also called a confirmation letter. If an employer requires an LMIA, they have to apply for one.

The TFWP allows employers in Canada to hire foreign workers temporarily to fill jobs when Canadian workers are not available. Employers submit applications requesting permission to hire temporary foreign workers. These applications are assessed by Service Canada which also conducts an LMIA to evaluate the effects of these foreign workers on the Canadian labour market. Employers must comply with certain obligations in order to be allowed to continue to hire foreign workers. The TFWP is regulated through the Immigration and Refugee Protection Regulations and the Immigration and Refugee Protection Act.

A bridging open work permit (BOWP) allows you to continue working in Canada while you wait for a decision to be made on your permanent residency application. One is eligible if they applied to one of the following permanent residence programs:

• Permanent residence via Express Entry
• Provincial Nominee Program (PNP)
• Quebec skilled workers
• Home Child-Care Provider Pilot or Home Support Worker Pilot
• Caring for children class or caring for people with high medical needs class
• Agri-Food Pilot

The eligibility criteria for BOWP depends on whether you live in Quebec or in other provinces or territories in Canada. If living in Quebec, you must apply as a Quebec skilled worker. To be eligible you must live in Canada and plan to stay in Quebec. You may leave Canada while your application is being processed. If your work permit expires and you leave Canada, you cannot work when you return until you receive approval for your new application. You must also hold a Certificat de sélection due Québec (CSQ) and be the principal applicant on your permanent residency application. You must also have either a current work permit, an expired permit but maintained your worker status, or be eligible to restore your worker status.

If applying via the PNP, to be eligible for a BOWP you must be living in Canada and plan to live outside of Quebec when you submit an application for your BOWP. You must be the principal applicant on your application for permanent residency. You must also have either a current work permit, an expired permit but maintained your worker status, or be eligible to restore your worker status. Notably, there must be no employment restrictions as per your PNP nomination.

You can apply online for a BOWP, or on paper if you are having problems applying online. There are other eligibility criteria for the remaining permanent residence programs and one of our immigration professionals can assist you in understanding the pathways throughout your application process.

Eligibility for a work permit may change depending on whether you are applying from inside or outside of Canada.

You must:

• demonstrate to an officer that you will exit Canada when your work permit expires;
• You must demonstrate that you have the finances to support yourself and any family members during your stay in Canada, as well as enough money to return home;
• You must follow the law and have no criminal record (you may need to provide a police clearance certificate);
• not present a security risk to Canada;
• be physically healthy and, if necessary, get a medical check-up;
• not plan to work for an employer listed as “ineligible” on the list of employers who failed to comply with the conditions;
• not plan to work for an employer who regularly offers striptease, erotic dance, escort services or erotic massages; and
• Provide the officer with any other requested documents to confirm your eligibility to enter the country.

Outside Canada:

Although anyone can apply for a visa before entering Canada, depending on your country or territory of origin, you may need to meet specific requirements set by the visa office.

Inside Canada:

You can apply for a work permit inside Canada, only if:

• you have a study or work permit that is valid;
• your spouse, common-law partner, or parents have a valid study or work permit;
• you have graduated and your study permit is still valid, then you are eligible for a post-graduation work permit;
• you have a temporary resident permit that is valid for six months or more;
• you’re waiting for a decision on an application for permanent residence from inside Canada;
• you have filed for refugee status;
• the Immigration and Refugee Board of Canada has recognized you as a convention refugee or protected person;
• You are allowed to work in Canada without a work permit but you need a work permit to work in a different job; or
• you’re a trader, investor, intra-company transferee or professional under the Canada – United States – Mexico Agreement (CUSMA).

How do I apply for a work permit in Canada?

To apply for a work permit, you must fill out the application form and include all necessary documents and fees.

• Learn more on how to apply for a work permit.

Appealing a refusal

If your application for a work permit is refused, you may have the right to appeal this decision. You must do this within 15 days of receiving the refusal letter if you have applied from inside Canada.

Work Permit Extensions

Can you extend an open work permit?

If your work permit is near expiry, you must apply to extend it at least 30 days before expiry. You can apply online to extend a work permit. If you apply to extend your permit before it expires, you are allowed to stay in Canada while your application is processed. If you applied to extend your permit and it expires after your application is submitted, you are authorized to work without a permit until a decision is made on your application. You can continue to work under the same conditions as outlined in your work permit. Employer-specific work permit holders need to continue with the same employer, job and work location while open work permit holders can change jobs.

If you applied to extend your work permit online, you will receive a letter that you can use as proof that you can continue to work in Canada even if your permit expires while your application is being processed. Note that this letter expires 120 days from when you applied. If a decision is still not made by that expiry date, you can still continue to work until a decision is made.

The global talent stream allows employers to hire in-demand workers or uniquely skilled talent in elect occupations to help their businesses grow. This program allows employers in Canada to use highly-skilled global talent to expand their workforce to meet client-specific needs and to be competitive on a worldly scale. It is part of the TFWP designed to allow employers to access unique talent to help their business grow. It is also intended to fill positions for in-demand highly-skilled positions as listed under the Global Talent Occupations.
.If hiring via this stream, the employer needs to develop a Labour Market Benefits Plan, which shows the employer’s dedication to activities that will positively impact the Canadian labour market. This plan would undergo yearly Progress Reviews to evaluate how well the establishment is adhering to their commitments. Note that Process Reviews are separate from compliance-related obligations under the TFWP.

The Difference Between a Work Permit and a Work Visa A visa allows entry into the country. A work permit allows the foreign national to work in Canada.