MASTER YOUR pATH TO YOUR CANADA WORK PERMIT APPLICATION: YOUR 2023 GUIDE

Introduction to the Canada Work Permit

A Canada Work Permit, often perceived as a key to a world of opportunities, is a document that legally permits a foreign national to enter Canada to engage in employment in Canada.

Canada, being a land of potential and possibilities, attracts thousands of prospective employees each year, who bring along their diverse skill sets and cultural perspectives.

In this comprehensive guide, we aim to provide an overview of work permits in Canada, including the types of permits, eligibility criteria, application process, employer’s role, work permit extensions, special considerations for Quebec, rights and responsibilities, and transitioning from work permit to permanent residence. Additionally, we will discuss scenarios where a work permit may not be needed.

You should understand that Canadian work permit policies are the result of various compromises and agreements between federal government departments, and with provincial governments.

Perhaps of most significance is that, federally, there is cohabitation between Immigration and Citizenship Canada (IRCC), who has responsibility over immigration, and Employment and Social Development Canada (ESDC) who handles employment policy who, in the immigration sphere, ensures that the integrity of the Canadian labor market is not compromised by offering jobs to foreign nationals without offering them first to Canadians.

The compromises between IRCC and ESDC are found in what is known as the Labor Market Impact Assessment (LMIA) which is covered in this guide.

Canada Work Permits-Overview

Canada categorizes Work Permits primarily into two types: open and employer-specific, each designed to cater to different employment scenarios and needs.

Employer-Specific Work Permits

When it comes to foreign nationals seeking a job in Canada from outside Canada, employer-specific work permits are those usually sought.

An employer-specific work Permit Canada, as the name suggests, permits a foreign national to work for a particular employer, as specified on the permit. The permit also details the location of employment and the period for which the work is permitted.

This type of permit is often linked with the Labour Market Impact Assessment (LMIA) that the employer may need to obtain, which we cover below.

Open Work Permits

An Open Work Permit is a flexible permit that allows a foreign national to work for any employer in Canada, barring a few exceptions.

This type of permit is typically granted to individuals who meet specific eligibility criteria.

For example, an open work permit can be issued to the spouse of a foreign national coming to work in Canada under an employer-specific work permit.

Thus the accompanying spouse is given a favorable treatment which allows him or her to enter Canada with relatively few requirements, and  to hold the right to work for any employer during the period covered by his or her spouse’s employer-specific work permit.

Other situations where an open work permit can be issued include:

– the three (3) year open work permit for Ukrainians coming to Canada;

– the three (3) year open work permit for recent Hong Kong residents who recent graduates;

– since January 30, 2023, the expanded open work permit possibilities for family members;

This is only a partial list. Those wishing additional information should consult IRCC’s website. 

Work Permit Exemptions

While a work permit serves as a standard requirement for working in Canada, certain circumstances allow foreign nationals to work in Canada without a work permit.

Canada recognizes that it is not always practical or desirable to ask certain classes of foreign nationals to apply for a Canada work permit, such as when the work in Canada is of a very short duration or is transitory.

The work permit exemptions encompass an array of situations including business visitors engaged in international business activities, performing artists who contribute to Canadian culture, athletes and coaches participating in Canada’s sports life, news reporters and film crews who are here to cover Canadian news/events, public speakers, convention organizers, and clergy.

The business visitors exemption can be an interesting one as it allows a foreign national to enter Canada temporarily to conduct business operations with parties outside Canada, but not inside Canada.

Thus, a foreign national wishing to explore possible international business opportunities from Canada could ask for a temporary visitor visa as a business visitor to to allow him (or her) to work in Canada on a non-Canada business.

Eligibility Criteria for Employer Specific Work Permits

The eligibility criteria for an employer-specific work permit encompass several aspects.

On the personal front, applicants must generally have a job offer from a Canadian employer, unless applying for an open work permit.  This job should be confirmed in an employment agreement to make matters clear.

In addition, should an applicant wish his or her work permit as part of a specific program targets Canada permanent residence, the individual must comply with the terms of this program and apply thereunder.

This could for instance be a federal program such as the Atlantic Immigration Pilot, or a provincial program that offer nomination possibilities. You should consult our website page on how to become a Canada Permanent Resident for more information.

Applicants must also demonstrate that they intend to leave Canada once their permit expires, thus indicating temporary stay. |

Additionally, they should not pose a threat to public health and safety, and must have sufficient funds for their stay in Canada.

Application Process

The work permit application process involves several steps.

First, applicants must satisfy LMIA requirements if applicable.  These are briefly discussed in the next section.

Second, if there is no LMIA issue, applicants must complete the appropriate forms, provide supporting documents, and pay the required fees. Depending on the individual’s country of residence, an interview or medical examination may also be necessary. It is essential to submit a complete and accurate application, as any missing or incorrect information can lead to processing delays or a refusal.

Once the application is submitted, it will be reviewed by the immigration authorities. If approved, the applicant will receive a letter of introduction, allowing them to enter Canada. Upon arrival, the final step is to present the letter of introduction to the Canada Border Services Agency (CBSA) and obtain the actual work permit.

Canadian Employers and Canada Work Permits

Canadian employers play a pivotal role in the Work Permit Canada process. They are the ones who extend a job offer to a foreign worker, kicking off the work permit process.

Once an employer hires a foreign worker, the employer must comply with the laws and regulations related to hiring foreign workers.

The Labour Market Impact Assessment (LMIA)

While Canadian employers are the central figures in making a job offer to a foreign national, the process of hiring a temporary foreign worker is subject to considerable oversight by Employment and Social Development Canada (ESDC).

As previously noted, there is an ongoing compromise between federal departments of immigration (IRCC) and labor (ESDC) to ensure that immigration does not hurt the Canadian job market. Thus, while IRCC seeks immigration to encourage economic growth, ESDC wishes to make sure that the pace and scope of entry in Canada of foreign nationals does not hurt Canadians in the country.

It follows that a significant part of the hiring process for many employers is obtaining the Labour Market Impact Assessment (LMIA). This is a document that an employer in Canada may need to secure before hiring a foreign worker.

A positive LMIA, also known as a favorable decision, is an indication that there is a need for a foreign worker to fill the job as no Canadian worker is available to do it.

The LMIA process is extensive and technical, and it is far from an automatic approval, despite labor shortages in Canada. Employers must show with proof on hand that they conduct substantial recruitment activities in Canada prior to making a job offer to a foreign national.

Moreover, employers are subject to caps on the number of foreign nationals they can hire in relation to their total work force.

The LMIA process mus therefore be conducted with care, and diligently.

LMIA Exemptions

Despite LMIA imperatives, here are cases where employers can hire foreign workers without needing an LMIA.

Known as LMIA-exempt work permits, these are typically available for specific types of jobs and situations. These situations can include intra-company transferees, individuals covered under free trade agreements, and International Experience Canada participants.

An intra-company transfer can thus in many cases allow an efficient entry into Canada of temporary foreign workers.

Canada Work Permit Extensions

The duration of a Canada Work Permit varies, depending on the type of work and the specific situation of the worker.
If the foreign worker wishes to extend his or her stay, it is possible to apply for a Canada Work Permit extension, and thus a foreign worker may be allowed to stay temporarily in Canada for many years before returning to his (her) home country or making an application for permanent residence..

An application to renew a work permit should ideally be done 60-90 days before the current permit expires.

An extended work permit allows the worker to continue working in Canada under the same conditions as before, ensuring a seamless transition and uninterrupted work experience.

Canada Work Permit Responsibilities

Being a work permit holder in Canada doesn’t just provide you with the opportunity to work; it also comes with several rights that ensure your fair treatment.

This includes receiving at least the minimum wage, working in a safe environment, and having access to social benefits.

On the other hand, work permit holders are also expected to respect Canadian law and fulfill certain responsibilities, such as only working for the specified employer (unless they have an open work permit), working in the prescribed location, and not overstaying their permitted time in Canada.

Transitioning from a Canada Work Permit to Permanent Residence

For many foreign workers in Canada, the ultimate goal is to obtain permanent residence and settle in the country permanently.

Canada offers 100+ immigration programs that allow individuals with Canadian work experience to transition from a work permit to permanent residence.

As we explain in our page on Canada permanent residence, an offer of permanent residence in Canada can result of several different program categories. 

Canada permanent residence can thus be gained from federal economic immigration programs, federal regional economic immigration programs, provincial nomination programs, federal family and social programs, federal refugee and compassionate immigration programs.

Federally, a popular program is Express Entry, which is fed by skilled workers, skilled trades, and Canadians having had employment experience in Canada.

An offer of permanent residence under Express Entry is the result of a system of qualification points which awards substantial points for having worked in Canada as well as very significant points for a provincial nomination. In most cases, the nomination by a province is sufficient to become a Canada permanent resident.

The Canadian Experience Class (CEC) is a popular immigration program that targets foreign workers who have met specific requirements, including a minimum period of work experience in a skilled occupation, proficiency in English or French, and the intention to live outside the province of Quebec.

Provincial Nominee Programs (PNPs) are another pathway for work permit holders to transition to permanent residence. Each province and territory in Canada has its own PNP, offering nomination programs for foreign workers who meet the specific criteria of that province or territory.

By transitioning to permanent residence, individuals gain the benefits of living and working in Canada permanently, such as access to social services, healthcare, education, and the ability to sponsor family members to join.

The most important point to retain from this is that foreign nationals should at the same as they are preparing for a work permit application also consider what avenue they would likely take for permanent residence. 

This is because the work permit decisions can then be made by the foreign national in a manner that will be consistent with permanent residence objectives and support them.

In addition, if a foreign national establishes that he or she would likely wish to acquire permanent residency based on a provincial nomination program, he or she may then consider working in that same province under a work permit to avoid personal and family disruptions later

Request a Free Canada Work Permit Assessment

Should you like us to send you a free assessment of your chances of receiving a Canada Work Permit, please complete and send us our Immigration Assessment Questionnaire. We will get back to you within 48 hours.