Work Permit
Obtaining a work permit authorization allows foreign individuals to work in Canada during their stay in the country. Canada issues approximately 500,000 work permits each year to temporary foreign workers from various parts of the world. Canada is a highly desirable destination for individuals looking for job opportunities, and working in Canada can serve as a valuable initial step for those who aspire to eventually become permanent residents in the country.
Canadian work permits can be acquired through various pathways. Certain work permits necessitate
- an employment offer from a Canadian employer but are exempted from the requirement of an LMIA,
- some mandate a connection or affiliation with Canada, and in some cases
- an employer must furnish a Labor Market Impact Assessment (LMIA) as a requirement for hiring foreign nationals. However the two main common categorizations of work permits:
- Closed work permits, where a foreign national typically needs to have a formal job offer from a Canadian employer, and this offer must be backed by a Labour Market Impact Assessment (LMIA). Closed work permits are associated with particular employers, which implies that a foreign national granted a closed work permit is required to stay employed by the same employer at the same location, unless they decide to alter their work permit. In certain instances the LMIA requirement is exempted.
- Open Work Permits.
- Employer driven work permits also identified as closed (restricted) work permits
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- The requirement of a Labour Market Impact Assessment (LMIA)
Foreign workers subject to the Canadian government’s labor market evaluation, referred to as the Labour Market Impact Assessment (LMIA), are part of the Temporary Foreign Worker Program (TFWP). The LMIA’s goal is for employers to prove to the Canadian government that employing a foreign worker won’t harm the current Canadian workforce. The federal department, Employment and Social Development Canada (ESDC), is focused on preventing the displacement of existing Canadian workers and the suppression of their wages due to the hiring of foreign workers.
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- Exempted from an LMIA, but require a job offer or employment contract
On the other hand, foreign workers exempt from needing an LMIA are categorized under the International Mobility Program (IMP). The IMP is designed to advance Canada’s wide-ranging economic, social, and cultural objectives. Because the IMP’s policy objectives are more comprehensive, the Canadian government doesn’t apply the LMIA process to foreign individuals falling within any of the IMP’s categories.
Namely, some individuals who may be applicable from a LMIA exemption include:
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- French-speaking skilled workers who have been selected through a collaborative francophone immigration event organized by the federal government and francophone minority communities, and are bound for a province or territory in Canada, excluding Quebec, and meet the qualifications under National Occupational Classification (NOC) categories 0, A, or B, may qualify for employment in Canada through the Mobilité Francophone program.
- Private entrepreneurs looking to temporarily come to Canada to establish or run a business may receive an exemption from the LMIA requirement.
- Dependents of foreign workers may not require an LMIA.
- Individuals nominated by a province for permanent residency and who have secured a job offer in that same province could be exempt from the LMIA requirement.
- Executives, managers, or specialized knowledge workers who are part of an Intra-Company Transfer may receive an LMIA exemption for their temporary relocation to Canada. This applies when they work for a foreign company that has a recognized connection with the Canadian company.
- Academics such as visiting professors, researchers and guest lecturers maybe exempt from an LMIA.
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- Open Work-PermitsAn open work permit is a type of work permit that is not linked to a specific employer or location. This allows a foreign national holding a valid open work permit to work for various employers at different locations across Canada. It’s important to be aware that specific open work permits might come with additional conditions or limitations that foreign nationals must adhere to. Open work permits do not necessitate a Labour Market Impact Assessment (LMIA). Open work permits are typically granted under the following immigration schemes:
- Post-Graduation Work Permit (PGWP)
- Spousal Open Work Permit
- International Experience Canada (IEC)
- Bridging Open Work Permit (BOWP)
