Work Permits
Work in Canada
Most foreign nationals require authorization before they can work in Canada. The type of work permit available depends on the applicant’s circumstances, the proposed employment and whether the employer must obtain a Labour Market Impact Assessment.
A job offer alone does not authorize a foreign national to work in Canada. The worker must receive the required work permit or other authorization before beginning employment.
Types of Canadian Work Permits
Canada has two principal types of work permits:
Employer-Specific Work Permit
An employer-specific work permit authorizes a foreign national to work according to the conditions listed on the permit. These conditions may include:
- The employer’s name
- The authorized occupation
- The work location
- The duration of employment
Most employer-specific applications require a genuine job offer. Depending on the program, the employer may also need a positive Labour Market Impact Assessment or an LMIA-exempt offer-of-employment number.
Open Work Permit
An open work permit is not restricted to one employer, although conditions may apply. Open work permits are available only in specific situations.
Potential categories can include:
- Eligible spouses or common-law partners of certain workers or students
- Post-graduation work permit applicants
- Certain permanent-residence applicants
- Applicants eligible for a bridging open work permit
- Vulnerable foreign workers experiencing or at risk of workplace abuse
- Participants in eligible public policies or special programs
Eligibility must be confirmed under the specific open-work-permit category. Not every spouse, student, worker or permanent-residence applicant qualifies.
Labour Market Impact Assessment
A Labour Market Impact Assessment, commonly called an LMIA, is an assessment completed by Employment and Social Development Canada.
A positive LMIA generally confirms that:
- A Canadian employer has a genuine need for a temporary foreign worker
- Hiring the worker is expected to have a neutral or positive effect on Canada’s labour market
- The employer has met the applicable recruitment, wage and program requirements
The employer—not the foreign worker—applies for the LMIA.
After receiving a positive LMIA, the foreign national generally uses the LMIA decision and employment documents to apply for an employer-specific work permit. A positive LMIA does not guarantee approval of the worker’s application.
LMIA-Exempt Work Permits
Some employer-specific work permits do not require an LMIA. These applications are generally processed under the International Mobility Program.
Possible LMIA exemptions may include:
- Certain international agreements
- Intra-company transferees
- Significant-benefit categories
- Reciprocal-employment arrangements
- Certain francophone workers outside Quebec
- Religious or charitable workers
- Eligible provincial nominees
- Other exemptions established by legislation or public policy
The employer may still need to submit an offer through the Employer Portal and pay the employer-compliance fee before the worker applies.
General Eligibility Requirements
Work-permit applicants must satisfy the requirements of their specific program. Applicants may also need to demonstrate that they:
- Will leave Canada when their authorized stay ends
- Have sufficient funds for themselves and accompanying family members
- Have no inadmissible criminal or security history
- Will not work for an ineligible or non-compliant employer
- Will not work in prohibited employment
- Meet the qualifications required for the proposed occupation
- Will complete a medical examination when required
- Will provide additional documents requested by an immigration officer
Approval is based on the complete application and the individual circumstances of the applicant.
Documents That May Be Required
Depending on the work-permit category, supporting documents may include:
- A valid passport or travel document
- A written employment offer or employment contract
- A positive LMIA and its identifying information
- An LMIA-exempt offer-of-employment number
- Evidence of education, training and employment experience
- Professional licensing or certification documents
- Proof of current immigration status
- Marriage, common-law or family documents
- Proof of funds
- Biometrics
- A police certificate
- An immigration medical examination
- Evidence establishing eligibility for the applicable exemption
Submitting incomplete, inconsistent or unsupported information may result in delays or refusal.
Applying From Inside Canada
Only certain people may apply for a work permit from within Canada. Eligibility depends on the applicant’s current status and circumstances.
Foreign nationals in Canada should not assume that visitor status allows them to submit an inside-Canada work-permit application. Temporary public policies and special measures may have specific eligibility dates and conditions.
Applying at a Port of Entry
Only eligible applicants may apply for a work permit at a Canadian port of entry. Eligibility can depend on nationality, travel-document requirements, the work-permit category and whether a medical examination is required.
Applicants should confirm eligibility before travelling. A port-of-entry application does not guarantee approval.
Extending a Work Permit
Workers who want to continue working should apply to extend or change their work authorization before their current permit expires.
A person who submits an eligible extension application before expiry may be permitted to remain in Canada while a decision is pending. Whether that person may continue working—and under which conditions—depends on the application submitted and their previous authorization.
A worker should not change employers or employment conditions unless legally authorized to do so.
Canadian work experience may help some workers qualify for permanent residence, but a work permit does not automatically lead to permanent residence.
Work Permits and Permanent Residence
Possible pathways may include:
- Canadian Experience Class
- Provincial Nominee Programs
- Federal Skilled Worker Program
- Federal Skilled Trades Program
- Atlantic Immigration Program
- Rural or community-based immigration programs
- Quebec immigration programs
- Other federal or provincial pathways
Eligibility depends on factors such as occupation, duties, language ability, education, work experience, location and the requirements in effect at the time of application.
Rights of Temporary Foreign Workers
Temporary foreign workers in Canada are protected by Canadian workplace laws. Employers must comply with applicable employment standards and the conditions of the employment offer.
An employer cannot take a worker’s passport or require the worker to reimburse prohibited recruitment or employer-compliance costs.
Workers who experience abuse or face a risk of abuse may have options, including applying for an open work permit for vulnerable workers if they meet the requirements.
How We Can Help
Anyday Immigration can assist with:
- Work-permit eligibility assessments
- Employer-specific work-permit applications
- LMIA-based work-permit applications
- LMIA-exempt applications
- Spousal and other eligible open work permits
- Post-graduation work permit applications
- Bridging open work permits
- Work-permit extensions
- Changes to employment conditions
- Restoration of temporary resident status
- Responses to additional-document requests
- Review of previous refusals
- Employer compliance and supporting documentation
Start Your Work Permit Assessment
Work-permit rules depend on the applicant, employer, occupation and immigration program. A job offer or positive LMIA does not guarantee approval.
Contact Anyday Immigration for an assessment of your work-permit options and application requirements.
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Immigration programs, eligibility requirements, and public policies may change. This information is general and does not constitute legal advice. Eligibility must be assessed under the rules in effect when an application is submitted.