Canadian Work Permit

Understanding Work Permit Categories

Canada has two broad categories of foreign workers:

LMIA-Required Work Permits
The first category includes workers who must complete the Canadian government's labour market test, called the Labour Market Impact Assessment (LMIA). This test demonstrates that issuing a work permit to a foreign national will not negatively affect employment and wages for Canadian workers.

LMIA-Exempt Work Permits
The second category includes workers exempt from requiring an LMIA. These permits are granted under specific circumstances where Canada benefits economically, socially, or culturally, or under international agreements.

What is a Labour Market Impact Assessment (LMIA)?

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) that allows Canadian employers to hire foreign workers when qualified Canadian citizens or permanent residents are not available to fill a position.

The LMIA serves as a labour market verification process to ensure that hiring a foreign national will not negatively affect employment opportunities for workers already residing in Canada. A positive or neutral LMIA indicates that ESDC has determined there is a genuine need for a foreign worker, while a negative LMIA means that suitable Canadian workers are available and the employer's request has not been approved.

In most cases, Canadian employers must obtain a positive LMIA before offering employment to a foreign national. Once the LMIA is approved, the foreign worker can apply to Immigration, Refugees and Citizenship Canada (IRCC) for a work permit. After receiving the work permit, the individual may travel to Canada and begin working for the employer.

LMIA Requirements in Quebec
For jobs located in Quebec, additional requirements may apply. Foreign workers may need to obtain a Certificat d'acceptation du Québec (CAQ), which is issued by Quebec's immigration authorities. Generally, the CAQ application is submitted alongside the LMIA application to streamline the approval process.

To address labour shortages more efficiently, certain occupations in Quebec may qualify for a simplified LMIA process. Under this program, eligible employers can hire foreign workers without providing extensive evidence of recruitment efforts, making the application process faster and more efficient.

Why is an LMIA Important?

The LMIA process helps protect Canada's labour market by ensuring that employers prioritize hiring qualified Canadian workers whenever possible. At the same time, it allows businesses to address genuine workforce shortages by accessing international talent when local candidates are unavailable.

When is an LMIA Not Required?

LMIA-exempt work permits are available in limited situations:

International Agreements

• North American Free Trade Agreement (NAFTA)
• Comprehensive Economic and Trade Agreement (CETA)
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Canadian Interest Exemptions

• Significant benefits: Economic, social, or cultural benefits to Canadians
• Reciprocal agreements: Youth and teacher exchange programs between Canada and other countries
• Co-op placements: International students fulfilling academic requirements
• Accompanying spouses: Partners of certain work permit and study permit holders residing in Canada
• Charitable or religious work

Other Exemptions

• Persons in Canada needing to support themselves (e.g., refugee claimants)
• Certain permanent residence applicants in Canada
• Migrant workers and dependents experiencing or at risk of abuse

Step-by-Step Process to Get a Canadian Work Permit

Types of Work Permits

Employer-Specific (Closed) Work Permit

• Most common type
• Granted for a specific job with one employer
• Foreign worker may only work for the employer specified on the permit
• To change employers or position, the worker must apply for and receive a new work permit before changing

Open Work Permit

• Not employer-specific
• Allows work for any employer in Canada (with some restrictions)
• Available in limited situations such as: spouses of skilled workers or students, permanent residence applicants, International Experience Canada participants

Duration of Temporary Work Permits

A Canadian temporary work permit may be issued for:

• Range: From a few days to a few years
• Typical duration: Matches the length of the job offer or LMIA approval
• Extension: Can often be extended from inside Canada

Definition of "Work" in Canada

For Canadian immigration purposes, "work" is defined broadly as:

• An activity for which wages are paid or commission is earned
• Activity that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market
• Applies regardless of the duration of the intended activity

Temporary vs. Permanent Residence

Temporary Work Permit

• Designed for foreign workers planning to work in Canada for a finite period
• Does not provide permanent residence status
• Must be maintained through valid extensions if continuing to work

Pathway to Permanent Residence
A temporary work permit can serve as a stepping stone to Canadian permanent residence. Once in Canada on a temporary work permit, foreign workers may qualify for permanent residence through:

Who Needs a Work Permit?

Generally Required

• Foreign nationals with job offers from Canadian employers
• Individuals planning to engage in work activities as defined above

Exceptions (No Work Permit Needed)

• Citizens of visa-exempt countries for certain short-term work
• Individuals covered by international agreements (some cases)
• Those performing work not competing with Canadians

Important Considerations

Maintaining Valid Status

• Work permits are always temporary in nature
• Must apply for extensions before the permit expires if continuing work
• Cannot work beyond the permit's validity or scope

Changing Employers

• For employer-specific permits: Must obtain a new work permit before changing employers
• Cannot start working for a new employer until the new permit is approved

Temporary Resident Visa (TRV)

• Citizens of non-visa-exempt countries need a TRV to travel to Canada
• TRV application may be submitted with the work permit application at a Canadian visa office abroad

Biometrics

• Most applicants must provide biometrics (fingerprints and photograph)
• Required at a Visa Application Centre (VAC)

Fees and Costs

Work permit application fees typically include:

• Work permit processing fee: $155 CAD
• Open work permit fee (if applicable): Additional $100 CAD
• Biometrics fee: $85 CAD (if required)
• TRV fee: $100 CAD (if required)

Benefits of Working in Canada with a Temporary Work Visa

• Legal authorization to work in Canada
• Opportunity to gain Canadian work experience valuable for permanent residence applications
• Access to Canadian healthcare (varies by province)
• Potential pathway to permanent residence through CEC, skilled worker programs, or PNPs
• Earning Canadian wages while living in Canada

Getting Started

To pursue a Canadian temporary work permit:

• Find a Canadian employer willing to hire you and provide a job offer
• Determine if LMIA is required for your position
• Have employer apply for LMIA (if necessary) through ESDC
• Receive LMIA approval and job offer letter
• Submit work permit application to IRCC with all required documents
• Provide biometrics if required
• Travel to Canada and receive work permit at point of entry
• Begin working for your specified employer

Contact for Assistance

Navigating Canada's work permit options can be difficult. Professional immigration lawyers and consultants can assist with:

• LMIA applications for employers
• Work permit applications for foreign workers
• Determining LMIA exemption eligibility
• Navigating Quebec-specific requirements
• Extension applications