Working in Canada: Do You Need a Canadian Work Permit?
A work permit allows a foreign national to work temporarily in Canada. Canada offers over 100 different options for foreign workers.
These options fall under two main programs: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP).
The difference between these two programs is that the TFWP requires a labor market test known as a Labour Market Impact Assessment (LMIA).
Navigating Canada’s work permit options can be challenging, but we aim to make the process as simple as possible. If you would like a free phone consultation with a legal expert at Adiona, feel free to contact us.
How to Obtain a Work Permit in Canada
Most foreign nationals require a work permit to work in Canada. Generally, foreign workers in Canada fall into two categories:
- Those who must complete the Government of Canada’s labor market test, called a Labour Market Impact Assessment (LMIA).
- Those who are exempt from the LMIA requirement.
Understanding the various Canadian work permit options can be complex, but Adiona Immigration is dedicated to simplifying the process for you.
Definition of Work Visa
For Canadian immigration purposes, “work” is broadly defined as any activity for which wages are paid or commissions are earned or which directly competes with activities of Canadian citizens or permanent residents in the Canadian labor market, regardless of the activity’s duration.
In most cases, an LMIA is required to demonstrate that hiring a foreign worker will not negatively affect Canadian workers.
Typically, to apply for a Canadian work permit, a job offer from a Canadian employer is required.
In limited cases, Canadian immigration regulations allow for the issuance of an open work permit, which is not tied to a specific employer.
Work permits are always temporary but can be extended from within Canada.
Below is a step-by-step guide on how to pursue a temporary Canadian work permit.
Step 1: Employer Applies for an LMIA (if required)
Canada’s government distinguishes between work permits that require a labor market test and those that do not.
In some cases, a labor market test is necessary to demonstrate that issuing a work permit for a foreign national will not negatively impact employment and wages for workers in Canada.
What is an LMIA?
The labor market test is officially known as the Labour Market Impact Assessment (LMIA). The federal department overseeing the LMIA process is Employment and Social Development Canada (ESDC).
- A positive or neutral LMIA is issued when ESDC is satisfied that no Canadian citizen or permanent resident is available to perform the job.
- A negative LMIA is issued if it is determined that domestic workers are available, and hiring a foreign national would harm workers in Canada.
Generally, Canadian employers intending to hire a foreign worker must obtain a positive or neutral LMIA from ESDC. Once this document is issued, the foreign national can apply to Immigration, Refugees and Citizenship Canada (IRCC) for a work permit.
After obtaining the work permit, the individual can enter Canada and begin working for the employer.
Step 2: Employer Provides a Temporary Job Offer
After receiving a positive or neutral LMIA, the Canadian employer must provide a copy of the LMIA approval letter and a detailed job offer letter to the foreign worker, which is required to apply for the work permit.
Step 3: Foreign Worker Applies for a Work Permit
Armed with the LMIA approval letter and job offer, the foreign worker can submit their Canadian work permit application to IRCC.
Step 4: Work Permit Issued
The Canadian temporary work permit will be issued at the border by a Canada Border Services Agency (CBSA) officer.
The permit may be valid for a few days to several years.
Most Canadian work permits are employer-specific, also known as “closed work permits,” and are issued for a specific job in Canada.
This means the foreign worker can only work for the employer specified on the permit.
If a foreign worker finds a new job but does not yet have permanent residence, they must submit a new work permit application before changing employers or positions in Canada.
Transitioning to Permanent Residency
A Canadian temporary work permit is intended for those who wish to work in Canada for a limited period. To work and live in Canada permanently, foreign workers must pursue Canada’s permanent residence process.
However, a temporary work permit can be a stepping stone toward permanent residence.
Once in Canada on a temporary work permit, foreign workers may qualify for permanent residency under the Canadian Experience Class (CEC), through the Federal Skilled Worker Program, or via one of the Provincial Nominee Programs (PNPs).
Frequently Asked Questions
- How can you obtain an LMIA?
Canadian employers wishing to hire a foreign worker must apply for an LMIA through ESDC. Employers must demonstrate that hiring a foreign worker will not negatively impact Canada’s labor market and, in most cases, that no Canadian citizen or permanent resident is available to fill the position. This often involves advertising the job extensively to show that no suitable candidate from Canada is available. - How can you get a Canadian work permit?
Two federal departments are involved in work permits:
- ESDC assesses LMIA applications.
- IRCC processes the work permit application after LMIA approval.
If no LMIA is required, you can directly apply to IRCC for your work permit.
- What do you need to apply for a work permit?
General requirements include:
- A job offer letter.
- A labor contract.
- A copy of the LMIA (if applicable).
- The LMIA number.
Applicants must also demonstrate they will leave Canada once their work permit expires, have financial means to support themselves, and will not pose health or security risks.
- What is an open work permit?
An open work permit allows foreign workers to work for any employer in Canada without requiring an LMIA or job offer at the time of application. - What is a Post-Graduation Work Permit (PGWP)?
The PGWP allows international students who complete a qualifying program of at least eight months at a Designated Learning Institution (DLI) to gain work experience in Canada. - Can my spouse or partner work in Canada?
Yes, under certain conditions, spouses or partners can apply for work permits, including open spousal work permits, which allow them to work for any employer. - What is a spousal open work permit?
It allows eligible individuals awaiting sponsorship processing to work temporarily in Canada for any employer.
