Work Permits

A Work Permit is an authorization that foreign nationals, with some exceptions, require to work in Canada.

Foreign workers are hired under the following 2 programs:

(1) Temporary Foreign Worker Program

Employers must obtain a Labour Market Impact Assessment (LMIA) to hire foreign workers. The LMIA verifies that there is a need for a temporary worker and that no Canadians or permanent residents are available to do the job.

(2) International Mobility Program (IMP)

The IMP lets employers hire temporary workers without an LMIA.

Accordingly, there are 2 (two) types of Work Permits:

(1) LMIA-based Work Permits

Most Work Permits are LMIA-based, i.e., the employer is responsible for obtaining a Labour Market Impact Assessment (LMIA) before an eligible person can apply for a work permit.

LMIA-based Work Permits are employer-specific work permits (“closed” work permits). An employer-specific work permit allows to work for a specific employer, for a set length of time, and in a set location.

(2) LMIA-exempt Work Permits

An open work permit can only be issued to a foreign national who is exempt from a Labour Market Impact Assessment (i.e., is applying for a work permit under the International Mobility Program (IMP)).

An open work permit allows to work for any employer (unlimited open work permit), or a permit limited to a specific occupation or location (restricted open work permit).

The most utilized categories of LMIA-exempt workers are:

(1) refugee claimants and those under an unenforceable removal order

(2) applicants for permanent residence from within Canada

(3) open work permit for vulnerable workers

(4) humanitarian reasons

(5) certain workers authorized to enter Canada on a reciprocal basis

(6) spouses or common-law partners of skilled workers

(7) spouses or common-law partners of foreign students

(8) open work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada class

(9) post-graduate work permits

APPLYING FOR A WORK PERMIT

Generally, a foreign national must apply for a Work Permit (and a Temporary Resident Visa, if required), prior to coming to Canada.

The following persons may apply for a work permit from within Canada:

(1) you presently hold a valid study or work permit;

(2) you are the spouse of a study or work permit holder;

(3) you were previously authorized to work without a permit;

(4) you presently hold a valid Temporary Resident Permit;

(5) you are a refugee claimant or an applicant for permanent residence in Canada, or

(6) you are a trader or investor, intra-company transferee or professional under the Canada-United States-Mexico Agreement (CUSMA).