Most non-Canadian workers need a work permit to be employed in Canada, falling into two main categories: those subject to the Labour Market Impact Assessment (LMIA) and those exempt from it.
For immigration purposes in Canada, “work” is expansive, encompassing any activity for which payment is received or commission earned. It includes roles directly competing with Canadian citizens or permanent residents in the labor market, regardless of the activity duration.
Generally, a Labour Market Impact Assessment (LMIA) is necessary to confirm that hiring a foreign national won’t adversely affect Canadian employment. A Canadian employer’s job offer is typically required for a Canadian Work Permit.
However, exceptions, such as Open Work Permits, are not tied to a specific employer. While temporary, work permits can often be extended within Canada. Here’s a guide to obtaining a Canadian temporary work permit:
Step 1: Employer’s LMIA Application (if necessary)
Two types of work permits exist in Canada, requiring or being exempt from a labor market test. Some cases mandate this test to show that employing a foreign national won’t negatively impact Canadian workers’ employment and wages.
Understanding LMIA:
Employment and Social Development Canada (ESDC) handles the Labour Market Impact Assessment (LMIA). ESDC issues a positive or neutral LMIA when it finds no available Canadian citizen or permanent resident for the job.
Conversely, a negative LMIA suggests available domestic workers, warning against hiring a foreign national. Generally, Canadian employers hiring foreign nationals require a positive or neutral LMIA from ESDC.
Upon receiving this, the foreign national can proceed to Immigration, Refugees, and Citizenship Canada (IRCC) for their work permit. Subsequently, they can relocate to Canada and commence work for the employer.
In certain situations, foreign workers may secure a work permit exempt from an LMIA. These permits, known as LMIA Exempt Work Permits, encompass various scenarios:
- International agreements like NAFTA, CETA, or CPTPP.
- Cases benefiting Canadian interests economically, socially, or culturally.
- Reciprocal agreements with other nations (e.g., youth and teacher exchange programs).
- International students are fulfilling co-op placements.
- Spouses/common-law partners of specific work or Study Permit holders in Canada.
- Charitable or religious work.
- Individuals in Canada, for specific reasons like refugee claims, require self-support.
- Certain permanent residence applicants in Canada.
- Migrant workers and dependents facing or at risk of abuse on specific work permits in Canada.
Step 2: Employer’s Extension of Temporary Job Offer
After obtaining a positive or neutral LMIA, the Canadian employer provides the foreign worker with a copy of the LMIA approval and a detailed job offer letter, which is necessary for the work permit application.
Step 3: Foreign Worker’s Work Permit Application
Using the LMIA approval and job offer (and CAQ if applicable), the foreign worker applies for a Canadian temporary work permit via IRCC.
Depending on their citizenship, they might require a temporary residence visa (TRV) to enter Canada, needing to submit the work permit application at a Canadian visa office abroad.
Step 4: Issuance of Work Permit
Upon the foreign worker’s entry into Canada, a Canada Border Services Agency (CBSA) officer issues the Canadian temporary work permit.
These permits vary in duration, from a few days to several years. Typically, they are employer-specific (“closed” permits), limiting work to the specified employer.
Switching employers or roles requires a new work permit application unless the worker obtains permanent resident status.
A Canadian Temporary Work Permit caters to those intending to work in Canada temporarily. To reside permanently, foreign workers must pursue Canadian permanent residence.
Nonetheless, a temporary work permit can pave the way for permanent residency, qualifying the worker for the Canadian Experience Class (CEC), Skilled Worker programs, or Provincial Nominee Programs.