Work Permit

A work permit allows foreign nationals to work in Canada temporarily.Canada offers so many options to foreign workers.These options fall under two broad programs: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP).
The primary difference between the two programs lies in the TFWP’s requirement for a labour market test, known as the Labour Market Impact Assessment (LMIA).
Navigating Canada’s work permit options can be challenging, but we strive to simplify the process for you. If you’re interested in scheduling a consultation with our work permit specialist, please complete our contact form.

Types of Canadian Work Permits

In Canada, there are two primary types of work permit programs:

1. Temporary Foreign Worker Program (TFWP): This program requires a Labour Market Impact Assessment (LMIA) for a foreign national to obtain a work permit.
2. International Mobility Program (IMP): An LMIA is not necessary for a foreign national to obtain a work permit under this program.

The purpose of the LMIA is for employers to demonstrate to the Canadian government that hiring a foreign worker will not negatively impact Canada’s existing workforce. Employment and Social Development Canada (ESDC) oversees this process to ensure that hiring foreign workers will not displace existing Canadian workers or drive down their wages. Workers requiring an LMIA are categorized under the Temporary Foreign Worker Program (TFWP).

While the LMIA process is the rule, there are numerous LMIA-exempt work permits available. These exemptions often stem from free trade agreements, such as the Canada-United States-Mexico Agreement (CUSMA), formerly known as the North American Free Trade Agreement (NAFTA). These agreements enable foreign workers to apply for work permits without their employers needing to obtain an LMIA.

In addition to employer-sponsored work permits, various work permit options are available to foreign workers without a job offer. These include working holiday permits, post-graduate work permits, and open spousal work permits. Workers not requiring an LMIA are categorized under the International Mobility Program (IMP).

These are some common scenarios under which individuals can work in Canada:

LMIA Required Work Permit

These work permits require the employer to obtain a Labour Market Impact Assessment as part of the process.

Step 1: Employer applies for a Labour Market Impact Assessment

The Canadian government has two categories of work permits. A work permit either needs a labour market test or is exempt from requiring it. In some cases, the labour market test is required to demonstrate that the issuance of a work permit to a foreign national will not have a negative impact on the employment and wages of workers in Canada. 

Step 2: Employer extends Temporary Job Offer

Upon receiving a positive or neutral LMIA, the Canadian employer is required to provide the foreign worker with a copy of the LMIA approval letter along with a detailed job offer letter. These documents are essential for the foreign worker’s work permit application.

Step 3: Foreign Worker applies for Work Permit

With the LMIA approval letter, and the job offer letter the foreign worker can proceed to submit an application for a Canadian temporary work permit to Immigration, Refugees and Citizenship Canada (IRCC). Depending on their country of citizenship, the foreign worker may also need to obtain a temporary residence visa (TRV) to travel to Canada. Consequently, the temporary work permit application may need to be submitted at a Canadian visa office abroad.

Step 4: Work Permit is issued

The Canadian temporary work permit is issued upon the foreign worker’s arrival in Canada, at the port of entry, by a Canada Border Services Agency (CBSA) officer. These permits may be valid for periods ranging from a few days to several years.

Most Canadian work permits are employer-specific, also known as “closed” work permits, and are tied to a specific job in Canada. Therefore, the foreign worker is restricted to working for the employer specified on the work permit. If the foreign worker intends to change employers or positions while in Canada and does not yet have permanent resident status, they must apply for and obtain a new work permit beforehand.

Canadian Temporary Work Permits are designed for foreign workers planning to work in Canada temporarily. For those seeking to reside and work in Canada permanently, they must undergo the Canadian permanent residence process. However, a temporary work permit may serve as a pathway to Canadian permanent residence. Once in Canada on a temporary work permit, a foreign worker may qualify for Canadian permanent residence through various programs such as the Canadian Experience Class (CEC), Skilled Worker categories, or Provincial Nominee Programs.

LMIA Exempt work Permit

Under certain circumstances, individuals can work in Canada without needing to obtain a Labour Market Impact Assessment (LMIA) beforehand. Some of the most common LMIA-exempt streams under the International Mobility Program (IMP) are outlined below. 

Significant Benefit

Canadian visa officers possess a level of discretion in determining whether issuing a work permit to a foreign national is advantageous without the requirement of obtaining an LMIA. This discretion is known as a significant social or cultural benefit.

For a foreign national to qualify under this category, their proposed contribution to Canada through their work must be substantial, indicating importance or significance. Officers typically rely on the testimony of reputable experts in the foreign national’s field, along with any supporting objective evidence provided. The foreign national’s past achievements serve as a reliable indicator of their level of accomplishment.

Objective criteria for assessing “significant social or cultural benefit” include:

1. Official academic records demonstrating the foreign national’s educational qualifications, such as degrees, diplomas, certificates, or similar awards from recognized institutions.
2. Documentation from current or previous employers highlighting the foreign national’s extensive full-time experience (typically considered significant if spanning ten or more years) in the relevant occupation.
3. Receipt of national or international awards or patents in recognition of the foreign national’s achievements.
4. Membership in organizations that require excellence from their members.
5. Serving as a judge of the work of others.
6. Recognition for notable contributions and achievements in the field by peers, government bodies, or professional associations.
7. Scientific or scholarly contributions to the field by the foreign national.
8. Publications authored by the foreign national in academic or industry publications.
9. Holding a prominent position in an organization with a distinguished reputation.

These objective measures help assess the significant social or cultural benefit that a foreign national can bring to Canada through their work.

Entrepreneurs/Self-Employed Persons

An LMIA exemption may be granted to private entrepreneurs who wish to come to Canada temporarily in order to start or operate a business. To qualify for this exemption, applicants must be the sole or majority owners of the business they intend to pursue in Canada. Additionally, they must demonstrate that their business will provide significant benefits to Canada.

Eligibility for LMIA-exempt work permits is contingent upon entrepreneurs showing that their work in Canada is temporary in nature. This category is particularly suitable for owners of seasonal businesses. Entrepreneurs who have already applied for Canadian permanent residence may also qualify for LMIA-exempt work permits under this category.

Intra-Company Transferees

Intra-Company Transferees may be granted an LMIA exemption for a temporary transfer to Canada. Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.

Dependents Of Foreign Workers

Spouses and children of Foreign Workers holding a Canadian work permit for a skilled position do not require an LMIA. 

Academics

This category includes researchers, guest lecturers, and visiting professors.

Provincial LMIA Exemptions

Workers nominated by a province for permanent residence and who have obtained a job offer in that province may be exempt from the need for an LMIA. 

Reciprocal Employment

Reciprocal employment agreements enable foreign workers to work in Canada when Canadians have comparable work opportunities available in the foreign worker’s home country.

International Agreements

Canada has entered into several international agreements aimed at easing the entry of foreign workers. Admission of foreign workers under these agreements is viewed as highly beneficial to Canada, thus exempting them from the need for an LMIA. The Canada-United-States-Mexico Agreement  (formerly NAFTA)is an example of this case.

International Exchange Programs

Canada is a participant in a number of programs for international youth exchange. Such programs include the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. These programs are exempt from the need for an LMIA.