Who can obtain a Canadian border Work Permit?

Foreign nationals arriving in Canada can still apply for (or be issued) a work permit at a port of entry (POE)—but this option is far more limited than it once was.

In recent years, the federal government has tightened access to POEs through several measures, including ending the practice of “flagpoling” for most temporary residents already inside Canada and removing certain types of Work Permits—such as Post-Graduation Work Permits (PGWP)—from POE processing entirely.

Below is a breakdown of which foreign nationals can obtain a Work Permit at a land, sea or air border, and which types of Work Permits can be accessed through this process.

Two processes leading to a border Work Permit

There are two common scenarios at a port of entry:

1. Applying at a POE (same-day processing): Eligible travellers (mentioned below) request work permit when they arrive and apply directly to a border officer.
2. Issued a Work Permit at a POE after online approval: Foreign nationals not eligible for same-day processing apply online first, receive a port of entry letter of introduction, and then have their permit printed upon arrival in Canada.

In both cases, foreign nationals can receive the same types of Work Permits; however, understanding the eligibility requirements can help travellers save time and avoid being refused at the border.

Border officers always make the final decision on whether to issue a permit and grant entry.

Who can apply for a Work Permit at a POE?

According to Immigration, Refugees and Citizenship Canada (IRCC), travellers must meet all the following basic requirements to apply at a POE:

• Be from a visa-exempt country or be a visa-exempt traveller (for example, a lawful permanent resident of the United States);
• Be eligible for an Electronic Travel Authorisation (eTA), or be able to travel without a visitor visa (also known as a Temporary Resident Visa) and
• Meet additional requirements depending on the type of Work Permit requested.

Who cannot apply at a port of entry?

IRCC lists several scenarios in which foreign nationals cannot apply for a Work Permit at a POE, including if they:

• Require a visitor visa to enter Canada;
• Are citizens of certain visa-required countries who may be eligible for an eTA only if they meet specific conditions (this includes citizens of countries such as Mexico, Brazil and the Philippines);
• Are applicants International Experience Canada (IEC) who are not citizens or permanent residents of the United States;
• Are applying under the Seasonal Agricultural Worker Programme;
• Are applying for PGWP; or
• Are in Canada and travelling to the United States or Saint Pierre and Miquelon for the purpose of accessing immigration services upon return (i.e. flagpoling).

Note that IRCC has placed strict restrictions on flagpoling, with only select individuals, such as (but not limited to) citizens and permanent residents of the United States, and certain professionals under free trade agreements, currently permitted to engage in this practice.

The above individuals will need to apply for (and receive approval for) their Work Permit online in advance, before attempting to obtain a work permit at the border.

IRCC states that travellers may need to present proof that their Work Permit application has been approved, such as a port of entry letter of introduction (which can be printed or displayed electronically).

Border officers then print the Work Permit after reviewing documents and the traveller’s admissibility.

Which types of Work Permits can be obtained through POE processing?

Employer-specific work permits

This is a permit tied to a single employer, usually based on:

LMIA-required work permits (Temporary Foreign Worker Programme)

If the job requires an Labour Market Impact Assessment (LMIA), IRCC states applicants should bring the following to the POE:

• Job offer;
• A copy of the LMIA and the LMIA number; and
  • Applicants can obtain these from their employer.
• Proof that they meet the job requirements (qualifications/experience).

If the job is located in Quebec and an LMIA is required, applicants may also need proof related to the Quebec Acceptance Certificate (CAQ).

LMIA-exempt work permits (International Mobility Programme (IMP))

If the job is LMIA-exempt, IRCC indicates applicants should bring the following to the POE:

• Job offer;
• Job offer number (submitted through the Employer Portal); and
• Proof that the role is LMIA-exempt and that the applicant meets the job requirements.

Employers are required to complete all necessary steps to support this type of Work Permit, including paying the US$230 compliance fee, before the applicant can obtain their Work Permit.

An open work permit

In certain cases, eligible foreign nationals can request an Open Work Permit (OWP), which is not tied to a single employer. IRCC notes that an OWP at a POE is only possible if the traveller is eligible under an OWP category.

Examples of individuals listed by IRCC as potentially eligible for an OWP include (among others):

• Spouses/common-law partners of certain skilled workers or international students;
• Certain permanent residence applicants (and certain dependent family members);
• Refugees/refugee claimants/protected persons (and family members); and
• Holders of a Temporary Resident Permit.

It is important to note that eligibility can be category-specific and may require supporting documentation beyond a typical job offer.

Other factors to consider when applying for a border Work Permit

Medical examination (when required): IRCC advises travellers to complete an immigration medical exam (IME) in advance if required, noting that results must be valid on the date of entry. An IME is generally valid for 12 months from the date of the exam, unless otherwise indicated.

Visitors will need an IME if:

• They wish to enter Canada for more than 6 months and have lived or travelled in designated countries for 6 months or more (continuously) in the year before arriving in Canada;
• They are applying for Super Visa for parents or grandparents; or
• They wish to work in an occupation where public health must be protected (for example, as a healthcare provider).

The list of countries and territories requiring an IME can be found at here.

Biometrics: IRCC states that most applicants are not eligible to provide biometrics at a POE. Those who can must be eligible to apply at a POE and begin/complete their application at that same POE (and only certain POEs offer this service).

Maintained status: IRCC also warns that workers leaving Canada with maintained status may lose their authorization to work upon returning until their application is approved.