Are you considering working in Canada as a foreign national? Generally, a foreign national who wishes to work in Canada must receive permission by applying for a work permit. A work permit is a written authorization issued by an officer that allows a foreign national to work in Canada.  There are two types of work permits: Open work permits and Employer-specific work permits.

Open work permit

A Canadian open work permit lets you work for any employer in Canada except those on the list of employers who haven’t met the required conditions. There are two types of open work permits: with restrictions and without.

Restricted Open Work Permit: This permit is given to a foreign national and allows you to work for any employer. However, there are restrictions on the type of work you can do. These restrictions can be due to either not passing a medical exam or having a medical condition.

Unrestricted Open Work Permit: This permit is given to a foreign national who passes a medical exam. It lets you work in any job, for any employer, anywhere.

Employer-specific work permit

An employer-specific work permit enables you to work in Canada based on the terms specified on your work permit, which may include:

• The duration of your employment
• The specific employer’s name for whom you are authorized to work
• Any applicable work location restrictions

Before applying for an employer-specific work permit, your employer is required to provide you with the following documents:

• A copy of your employment agreement.

The employment agreement sets out the terms and conditions of employment, duration of the contract, the employer’s responsibilities for the cost of the applicant’s transportation to and from Canada, medical insurance coverage, job duties, hours of work, wages, termination and resignation terms, etc.

• A copy of a labour market impact assessment (LMIA) or an offer of employment number if the worker is exempt from LMIA

What is an LMIA?

An LMIA, or Labor Market Impact Assessment, is a document that assesses the impact of hiring a foreign worker in Canada. It helps determine if suitable Canadian citizens or permanent residents are available for a job before an employer can hire a foreign worker for that position. This process ensures that hiring a foreign worker won’t harm the Canadian job market.

The LMIA is usually given for a particular time; any work permit will match that time. To renew the work permit after that, you’ll likely need a new LMIA.

When is an LMIA not required?

An LMIA (Labor Market Impact Assessment) is not required in certain situations, such as:

• International Mobility Program (IMP): Some foreign workers can apply for work permits under the IMP, which includes categories where LMIA exemptions apply. These may consist of intra-company transferees, international agreements like NAFTA, or significant benefit categories.
• LMIA-Exempt Work Permits: Some work permits are granted without needing an LMIA. For instance, open work permits for spouses or common-law partners of certain skilled workers or permits under international agreements like the Canada-United States-Mexico Agreement (CUSMA). Your requirements when applying for your work permit can differ depending on your location in Canada or outside Canada.
• Spousal Work Permits: Spouses or common-law partners of temporary foreign workers with specific work permits may also be eligible for open work permits without an LMIA.
• Post-Graduation Work Permit: International students who have completed their studies at eligible Canadian institutions may receive a post-graduation work permit without an LMIA.

It’s essential to check your situation’s eligibility criteria and exemptions, as immigration policies and regulations can change over time.

If you have questions or need assistance with your work permit application, please don’t hesitate to contact us.