Work Permit
Who is Eligible to Work in Canada?
Most foreign nationals need a permit to work in Canada, although there are some exceptions.
To apply for a work permit, candidates typically require a Canadian job offer supported by a Labour Market Impact Assessment (LMIA). However, there are exceptions, such as recent graduates from a Canadian Designated Learning Institute (DLI) or spouses of individuals holding a Canadian work or study permit, who may apply without an LMIA or job offer.
Applicants must also meet the following eligibility requirements:
- Demonstrate the intent to leave Canada once their work permit expires.
- Prove sufficient funds to support themselves and their family in Canada and to return home.
- Be admissible to Canada (not criminally or medically inadmissible).
- Plan to work with an eligible employer.
- Provide all necessary documentation to prove eligibility.
Types of Canadian Work Permits
There are various types of Canadian work permits, including:
- LMIA Required
- Temporary Foreign Worker Program (TFWP)
- Facilitated LMIA (Quebec)
- Global Talent Stream
The specific permit required will depend on factors such as the job offer, the need for an LMIA, or the applicant’s connection to Canada, such as previous education or spousal sponsorship.
LMIA-Exempt Work Permits Requiring a Job Offer or Employment Contract
These work permits do not require a Labour Market Impact Assessment (LMIA) but still require a job offer or employment contract. Examples include:
- International Mobility Program (IMP)
- NAFTA Work Permits
- CETA Work Permits
- Intra-Company Transfers
Open Work Permits (No Job Offer or LMIA Required)
Open work permits do not require a job offer or LMIA and include:
- Post-Graduation Work Permits (PGWP)
- Spousal Sponsorship from Inside Canada
- International Experience Canada (IEC) (working holiday visa)
- Bridging Open Work Permit (BOWP)
- Spouse Accompanying International Student or Worker
Immigration Tip: Canadian permanent residents do not need a work permit to work in Canada. Permanent resident status allows individuals to live and work anywhere in the country.
How to Obtain a Canadian Work Permit
The process for obtaining a Canadian work permit varies depending on the type of permit being applied for. For instance, international students often receive automatic authorization to work part-time as part of their study permit.
Most closed work permits require a foreign national to have an official job offer from a Canadian employer, supported by an LMIA. Even for LMIA-exempt work permits, applicants should be aware of the documentation required to gain entry to Canada. There are two main types of work permits: closed (restricted) work permits and open work permits.
Closed work permits are employer-specific. This means the foreign national must work for the same employer at the same location unless they change their work permit.
If I have a Canadian job offer, am I eligible to apply for a work permit?
Having a Canadian job offer does not automatically qualify you for a work permit. The job offer must meet specific requirements to be valid for certain work permit applications. In most cases, to be eligible for a work permit, the job offer must be:
- Supported by a positive Labour Market Impact Assessment (LMIA), or
- Exempt from requiring an LMIA.
It’s important to note that Quebec has its own process for determining the validity of a job offer.
What am I allowed to do on a Canadian work permit?
Your work permit specifies the conditions of your authorization. These conditions are determined by the type of permit granted and may include the type of work you can do, where and for whom you can work, and the duration of your stay. Work permit holders are prohibited from working in businesses where there are concerns about the risk of sexual exploitation of workers.
Work permit holders are not permanent residents and must leave Canada at the end of their authorized stay. If you wish to remain in Canada permanently, you can complete an assessment to explore your immigration options.
Can my family be included on my work permit application?
If you are applying for an employer-supported work permit, your spouse and dependent children may be eligible to accompany you to Canada.
If your children are school-aged and are already in Canada, they may attend Canadian schools without needing a separate study permit. Additionally, your spouse or partner may be eligible to apply for an open work permit, allowing them to work for any employer in Canada.
How much does a Canadian work permit cost?
The processing fee for a closed work permit is $155 CAD per person, while an open work permit costs $255 per person. Additional fees may apply if you are restoring a work permit or applying as a group of performing artists.
How do I apply for a work permit?
The application process varies depending on the type of work permit you are applying for. The first step is to determine which work permit is most appropriate for your situation. If you need assistance in navigating the application process, contact us, and one of our team members will help schedule a consultation.
What documents are required to apply for a Canadian work permit?
The required documents for a Canadian work permit will depend on the type of permit you are applying for. Generally, you may need to submit the following documents as part of your application:
- Completed application forms
- Proof of status in Canada (if applicable)
- Family member’s proof of status (if applicable)
- Labour Market Impact Assessment (if applicable)
- Written offer of employment (if applicable)
- CV/resume
- Marriage certificate (if applicable)
- Certificat d’acceptation du Québec (CAQ) (if applicable)
- Proof that you meet the job requirements
- Valid copy of your passport
- Copy of education credentials
- Medical exam results (if requested)
- Evidence of financial means to support yourself and return home
- Proof of payment for applicable government fees
- Recent passport-sized photos
Biometrics for Canadian work permits
Applicants within Canada are temporarily exempt from providing biometrics. However, applicants outside Canada are still required to submit biometrics once they receive a biometrics instruction letter.
Police clearances for Canadian work permits
You may be asked to provide police clearance certificates as part of your application. If requested, this document must be submitted with your initial application. You may be required to provide police clearance from any country where you have lived for six months or more after the age of 18.
Medical exam for Canadian work permit
Some applicants may need to complete a medical exam based on their intended length of stay, where they have lived, and the type of job they will be doing.
- If your intended stay is less than six months, you may not need a medical exam, except in certain cases (e.g., close contact with people or agricultural work in specific countries).
- If your stay exceeds six months, you will need a medical exam if you have lived in or visited certain countries for six months or longer, or if you intend to work in a position that requires close contact with people.
Medical exams must be completed with a panel physician designated by the relevant authorities. You have the option to take the medical exam upfront before submitting your application. If you do not submit the results with your application, the reviewing officer will provide instructions on how to complete the exam and the deadline for submission.
Photo requirements for Canadian work permits
When applying for a work permit in Canada, foreign nationals must submit a passport-sized photo that meets the specific requirements set by the immigration authorities.
How long will it take to process my work permit application?
The processing time for a work permit application depends on the type of permit and the applicant’s country of residence. Processing times can range from a few weeks to several months.
How long will it take to process my LMIA application?
There are two types of Labour Market Impact Assessment (LMIA) applications: regular and simplified. The simplified LMIA is available only in the province of Quebec. The regular LMIA is processed on a case-by-case basis, and processing times can vary significantly. Generally, a regular LMIA application takes a minimum of five months to process.
If an employer qualifies for the Global Talent Stream, expedited processing of the LMIA may be available. The simplified LMIA for Quebec employment is typically processed in about two to three months.
What is the success rate for work permit/LMIA applications?
The success rate for work permit/LMIA applications depends on various factors and is processed individually. If an applicant meets all the necessary requirements for the LMIA or work permit, their application is likely to be approved. However, each application is evaluated by a different officer, and approval is at the discretion of the officer reviewing the application.
How can I check the status of my work permit application?
For online work permit applications, applicants can check their status through their online account. If the application was submitted on paper, the status can be checked by linking the application to an online IRCC account.
Reasons a work permit application may be refused
A work permit application can be refused for several reasons. If the reason for refusal is unclear, applicants may request GCMS notes to better understand the decision and address any concerns if they choose to reapply. Common reasons for refusal include:
- The officer was not convinced that the applicant could adequately perform the intended work.
- The officer was not convinced that the applicant would leave Canada at the end of their authorized stay.
- The applicant did not meet the criteria for the work permit they applied for.