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Work Permit
Canada provides opportunities for eligible foreign nationals to work temporarily in the country through a variety of work permit programs. The type of work permit you may qualify for depends on factors such as the nature of your employment, your employer, your immigration status, and the particular immigration program under which you are applying.
At Nadeem Law Office, we assist foreign workers and Canadian employers with work permit applications and related immigration matters. Whether you are applying for your first Canadian work permit, extending an existing permit, changing employers, or exploring an LMIA-exempt option, we can assess your circumstances and guide you through the application process.
With our head office in Mississauga and branch offices in Cambridge and London, Ontario, we assist clients in Canada and abroad with Canadian work permit matters.
Canada generally has two main types of work permits: employer-specific work permits and open work permits. The type available to you depends on your eligibility and circumstances.
An employer-specific work permit allows a foreign national to work in Canada according to the conditions stated on the permit. These conditions may identify the employer, occupation, work location, and period during which the person is authorized to work.
A job offer is required for an employer-specific work permit. Depending on the applicable immigration program, the Canadian employer may also need to obtain a Labour Market Impact Assessment (LMIA) or complete requirements applicable to an LMIA-exempt job offer before the worker applies.
Because the work authorization is tied to specific conditions, a worker who wants to change employers or make certain significant changes to their employment may need to apply for a new work permit.
An open work permit is not generally restricted to one particular employer. An eligible open work permit holder can usually work for different employers in Canada, subject to any restrictions or conditions on the permit and the applicable immigration rules.
Unlike an employer-specific work permit, an open work permit generally does not require a specific job offer or an LMIA. However, open work permits are available only in specified circumstances. A person cannot simply choose an open work permit instead of an employer-specific permit.
Eligibility may arise under particular immigration programs or circumstances, including certain eligible spouses or common-law partners, some permanent residence applicants, eligible international graduates, and certain other categories established under Canada’s immigration programs.
Many Canadian employers seeking to hire temporary foreign workers must first obtain a positive Labour Market Impact Assessment from Employment and Social Development Canada.
An LMIA generally assesses the employer’s need to hire a foreign worker and the potential impact of the hiring on Canada’s labour market. The employer may have to satisfy recruitment, advertising, wage and other program requirements.
Once the required positive LMIA has been obtained, the foreign worker can use the relevant employer and LMIA documentation as part of an application for an employer-specific work permit.
The LMIA and work permit are separate processes. Obtaining an LMIA does not itself give a foreign national authorization to work in Canada.
Not every employer-specific work permit requires an LMIA. Canada provides a number of LMIA-exempt work permit categories under the International Mobility Program and other applicable provisions.
Whether an exemption applies depends on the particular facts and legal requirements of the category. In many LMIA-exempt employer-specific cases, the employer must complete required steps through the Employer Portal and provide the worker with an offer of employment number before the work permit application is submitted.
Determining whether an LMIA exemption is available can therefore be an important part of assessing a proposed work permit application.
Certain spouses and common-law partners of foreign workers, international students, or applicants under specified immigration programs may qualify for an open work permit.
Eligibility is not automatic merely because a spouse or partner is working or studying in Canada. Canada’s rules governing spousal open work permits contain specific eligibility requirements, and those requirements can change.
The circumstances of both spouses or partners should therefore be reviewed before an application is submitted.
Eligible graduates of certain Canadian designated learning institutions may be able to apply for a Post-Graduation Work Permit (PGWP).
A PGWP can allow an eligible graduate to obtain Canadian work experience after completing an eligible program of study. However, graduating from a Canadian educational institution does not automatically guarantee eligibility for a PGWP.
Requirements can relate to the institution, program, duration and manner of study, timing of the application, language requirements and other factors under the rules applicable to the applicant.
If your Canadian work permit is approaching its expiry date, it is important to consider your options well in advance.
A person who wants to continue working may need to apply to extend the work permit or change its conditions. IRCC recommends applying at least 30 days before the existing work permit expires.
In certain circumstances, a worker who submits an eligible extension application before their existing permit expires may have maintained status while the application is being processed. This can allow the person to remain in Canada and, where the applicable requirements are satisfied, continue working under the conditions authorized by law.
Maintained status should not be confused with receiving a new work permit, and the ability to continue working depends on the nature and timing of the application.
A worker holding an employer-specific work permit cannot generally treat it as an unrestricted authorization to work for another employer.
If you want to change employers, occupations, or certain conditions attached to an employer-specific work permit, you may need to submit a new work permit application.
In some circumstances, eligible workers already in Canada who have applied for a new employer-specific work permit may request authorization to begin working in the new employment while IRCC processes the application. The applicable requirements should be reviewed carefully before changing employment.
Whether you can apply for a work permit from within Canada, from outside Canada, or in limited circumstances at a port of entry depends on your immigration status, nationality, the type of work permit sought, and other applicable requirements.
Not everyone who is physically present in Canada is eligible to submit an initial work permit application from inside Canada. Similarly, eligibility to apply at a Canadian port of entry is restricted to specified circumstances.
Before applying, it is important to identify both the correct work permit category and the correct application procedure for your situation.
A work permit application may be refused for a variety of reasons. Depending on the case, concerns may relate to eligibility, the employment offer, supporting documentation, admissibility, temporary residence requirements, or other aspects of the application.
If your work permit application has been refused, the appropriate next step depends on the reasons for the decision and the circumstances of your case. A careful review can help determine whether a new application should be submitted or whether another legal remedy may be available.
Submitting the same application again without addressing the underlying concerns may not resolve the problem.
Canadian work permit applications can involve both the worker’s eligibility and the Canadian employer’s obligations. Identifying the correct work permit category at the outset can help avoid unnecessary complications.
At Nadeem Law Office, we assist with a range of work permit matters, including:
We review your circumstances, explain the applicable requirements, assist with supporting documentation, and prepare the work permit application and legal submissions where appropriate.
Whether you are a foreign national seeking authorization to work in Canada or a Canadian employer seeking to hire a foreign worker, understanding the applicable immigration requirements is an important first step.
Nadeem Law Office provides work permit and immigration assistance through our offices in Mississauga, Cambridge and London, Ontario, and assists immigration clients located in Canada and internationally.
Contact Nadeem Law Office to schedule a consultation regarding your Canadian work permit matter.
info@nadeemlaw.com