The Work Permit Process in Canada. A Comprehensive Guide

What is the process of getting a work permit for Canada? 

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The standard process for a foreign national to obtain a work permit visa comprises of two steps:

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1. A positive Labour Market Impact Assessment (LMIA) needs to be obtained  by the employer from Employment and Social Development Canada (ESDC) before hiring a foreign worker. 

2. Once a positive LMIA is received by the Canadian employer, the foreign worker must apply for a work permit through the Canadian Visa office in their country of residence. 

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Who needs a work permit to work in Canada?

 

Not everyone is required to obtain a work permit in order to work in Canada. Here are some exemptions: 

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• Business Visitors

• Diplomats

• Foreign Athletes

• Military Personnel

• Crew members

• Clergy

• Performing Artists

• Public Speakers

• News Reporters

• Expert Witnesses, examiners and evaluators

• Students engaging in part-time work on campus.

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What are the eligibility requirements for work permit for Canada?

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There are specific requirements you need to meet depending on where you are when you apply for your work permit.

 

In general, you must: 

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• convince the assessing officer that you will leave Canada once your work permit has expired;

• provide sufficient proof of funds to take care of yourself and your family members (inside or outside Canada) during your stay in Canada and to return home;

• prove that you are admissible to Canada and have no record of criminal activity;

• prove that you will not be a danger to Canada’s security;

• be in good health and have a medical exam, if needed;

• not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions; or in other words, you must convince the officer that you will not participate in unauthorized work;

• not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages; and

• provide the officer sufficient documents they ask for to prove you can enter the country.

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What are the Different Types of Work Permits for immigration to Canada?

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Canadian Work permits primarily fall under the following categories: 

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Open Work Permit: An open work permit authorizes a foreign national to work in Canada for any employer and in any location. A restricted open work permit may restrict a industry or occupation but allows you to work across Canada. All open work permits are exempt from the Labour Market Impact Assessment(LMIA).

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Post-Graduate Work Permit: Post-Graduate Work Permit (PGWP) is for international students who have graduated from a designated learning institution (DLI). Post-graduate work permits allow students to gain Canadian experience after completing their study program. A post-graduate work permit is valid for up to 3 years, and the duration is based on the length of your study program.

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The Intra-Company Transfer Program allows an international business with a parent, subsidiary, branch or an affiliate of that enterprise in Canada to bring an executive, senior manager or an employee with specialized knowledge to Canada on a temporary work permit.

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Inland Spousal Sponsorship Open Work Permit: Allows spouses or partners of Canadian citizens or permanent residents to apply for unrestricted work permits while the outcome of their application is still pending. You must have a valid temporary residence permit and an application for permanent residency under process to be eligible to apply. 

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Bridging Open Work Permit: You may be eligible to apply for a Bridging Open Work Permit(BOWP) if you have already applied for permanent residency under the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class Program, Provincial Nominee Program, Agri-Food Pilot, Home Child-Care Provider Pilot or Home Support Worker Pilot Programs.

It is an open work permit, which allows you to continue to work while your permanent residency application is processing.

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What are LMIA exempt work permits? 

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You may be exempt from applying for an LMIA and can apply directly for a work permit if you are part of one of the following categories:

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• International Experience Canada participants (Working holiday, young professionals, co-op students)

• Intra-company transferees

• CSQ holders in Quebec who already have a work permit

• Spouses and common-law partners of full-time students

• Spouses and common-law partners of workers who hold a job in NOC category 0, A or B

• Entrepreneurs

• Francophone mobility (skilled work outside of Québec)

• International mobility program

• Bridging open work permits (applicants who already applied for permanent residence

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A Canadian work permit may open possibilities for a foreign worker towards Canadian immigration (Permanent Residency) under the Canadian Experience Class (CEC), as a Federal Skilled Worker (FSW), or by means of one of the Provincial Nominee Programs (PNP).

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How can I apply for a Permanent residence without an LMIA approved job offer?

 

We have tried to list the possibilities in the below video. Watch the complete video to make a better decision.