The Work Permit in Canada

A Work Permit in Canada is the document issued to a foreign worker allowing them to work legally in Canada.

The first type covers those who must complete the Canadian government’s labour market test, known as the Labour Market Impact Assessment (LMIA). The second type covers those who are exempt from the LMIA requirement.

Overview

Detailed article onworking in Canada.

For Canadian immigration purposes, the definition of “work” is very broad and is defined as an activity for which wages are paid or commission is earned, or which competes directly with the activities of Canadian citizens or permanent residents in the Canadian labour market, regardless of the intended duration of that activity.

In general, a Labour Market Impact Assessment (LMIA) is required, showing that the intended hire will not adversely affect Canadian workers. In most cases, a job offer from a Canadian employer is needed in order to apply for a Canadian Work Permit.

In a limited number of situations, Canadian immigration regulations allow for an Open Work Permit that is not employer-specific. A work permit is always temporary, but it can usually be extended from within Canada. Below is guidance on how applicants can pursue a Canadian temporary Work Permit.

Step 1: The employer applies for a Labour Market Impact Assessment, if required

The Government of Canada has 2 types of work permit. A work permit either requires a Labour Market Impact Assessment (LMIA) or is exempt from that requirement. In certain cases, a labour market test is required to demonstrate that issuing a work permit to a foreign national will not have an adverse effect on the employment and wages of workers in Canada.

What is a Labour Market Impact Assessment (LMIA)?

Detailed article onThe Labour Market Impact Assessment (LMIA).

The labour market test is called the Labour Market Impact Assessment (LMIA). The federal department overseeing the LMIA process isEmployment and Social Development Canada (ESDC).

A positive or neutral LMIA is issued by ESDC when it is satisfied that no Canadian citizen or permanent resident is available to do the job. A negative LMIA is issued when it believes that domestic workers are available to do the job and that hiring a foreign national would harm workers in Canada.

Normally, employers in Canada wishing to hire a foreign national are required to obtain a positive or neutral LMIA from ESDC. Once approved, the foreign national can then go toImmigration, Refugees and Citizenship Canada (IRCC)to obtain a work permit. After receiving the work permit, they can move to Canada and begin working for the employer.

In addition, if the Canadian employer is recruiting for a position in the province of Quebec, the foreign worker will need to obtain aQuebec Acceptance Certificate (CAQ)in order to work temporarily in Quebec. The CAQ application must be submitted to Quebec’s immigration ministry (MIFI) at the same time as the LMIA is submitted to ESDC.

ESDC and MIFI have provided employers with asimplified LMIA process for filling selected positions in Quebecwithout having to include evidence of recruitment efforts.

When is an LMIA not required?

In a limited number of situations, a foreign worker may obtain a work permit without an LMIA. These work permits are usually referred to asLMIA-exempt work permitsand cover the following cases:

• International agreements, such as theCanada-United States-Mexico Agreement (CUSMA), Work permits through CETAorWork permits through the CPTPP.
• Canadian interests:
  • As a result of significant economic, social or cultural benefit to Canadians.
  • As a result of reciprocal agreements that Canada and the provinces and territories have signed with other countries, such as youth and teacher exchange programmes.
  • To allow international students studying in Canada to complete academic requirements known asco-op work placements.
  • To allow the accompanying common-law partner of certain work permit holders andStudy Permitholders residing in Canada to work in Canada.
  • To permit charitable or religious work.
• In recognition that some people in Canada for reasons other than those listed above, such as those applying for refugee status, need to support themselves.
• Certain permanent residence applicants in Canada.
• Certain migrant workers and their dependants in Canada who hold an employer-specific work permit and are experiencing abuse or are at risk of abuse.

Step 2: The employer makes a temporary job offer

Once a positive or neutral LMIA is issued, the Canadian employer must provide a copy of the LMIA approval letter together with a detailedjob offerto the foreign worker, who will need these documents to apply for a work permit.

Step 3: The foreign worker applies for a Work Permit

With the LMIA approval letter, the job offer (and the CAQ where applicable), the foreign worker can apply for a Canadian temporary Work Permit from Immigration, Refugees and Citizenship Canada (IRCC).

Depending on their nationality, the foreign worker may need to obtain a temporary resident visa (TRV) to travel to Canada, and must therefore apply for the temporary work permit at a Canadian visa office abroad.

Step 4: The Work Permit is issued

The Canadian temporary Work Permit is issued at the port of entry by a Canada Border Services Agency (CBSA) officer when the foreign worker arrives in Canada.

Detailed article onGuidance on answering CBSA questions on entry to Canada, by category.

A temporary work permit may be issued for a period ranging from a few days to several years.

Most Canadian work permits are employer-specific and are issued for a specific job in Canada. The foreign worker may therefore only work for the employer named on the permit. Accordingly, if the foreign worker finds another job and does not yet hold permanent resident status, they must apply for and receive a new work permit before changing employer or position in Canada.

Note that the Canadian temporary Work Permit is intended for foreign workers who plan to work in Canada for a set period. To work and live in Canada permanently, a foreign worker must go through the Canadian permanent residence process.

That said, a temporary work permit can be a stepping stone to Canadian permanent residence. While in Canada on a temporary work permit, a foreign worker may become eligible for Canadian permanent residence underThe Canadian Experience Class (CEC), through a skilled worker category, or through one of theProvincial Nominee Program (PNP).

Find out more about the Work Permit in Canada on the Government website athere.