Between January 27 and July 27, 2021, certain Post Graduation Work Permit holders can apply for a new open work permit that may be valid for up to 18 months.
There are two types of work permits in Canada:
The purpose of the LMIA is for employers to demonstrate to the Canadian government that the hiring of a foreign worker will not have a negative impact on Canada's existing workforce. The federal department of Employment and Social Development Canada (ESDC) wants to ensure that the hiring of foreign workers will not displace existing workers in Canada nor place downward pressures on their wages.
Although the LMIA process is the rule, there are many different LMIA-exempt work permits, resulting from free trade agreements, such as the former North American Free Trade Agreement, now known as the Canada-United States-Mexico Agreement, or CUSMA. These free trade agreements enable foreign workers to apply for a work permit without their employer having to obtain an LMIA. In addition to these employer sponsored work permits, there are a number of work permit options available to foreign workers who do not yet have a job offer, including working holidays, post-graduate work permits, and open spousal work permits.
These are among the common scenarios under which one can work in Canada:
These work permits require the employer to obtain a Labour Market Impact Assessment as part of the process.
Certain circumstances allow for individuals to work in Canada without first obtaining a Labour Market Impact Assessment.
These are issued under the Canada-United-States-Mexico Agreement (formerly NAFTA), allowing work without an LMIA.
These permits will allow a company to bring certain employees to Canada from its offices abroad without a LMIA.
In many cases, business visitors may work in Canada without a work permit, so long as they meet certain conditions and don't enter the Canadian labour market.
After graduating from a Designated Learning Institution, international students in Canada may work for up to three years.
Canadian employers wishing to employ a foreign worker in Canada must first obtain authorization from Employment and Social Development Canada (ESDC), otherwise known as a Labour Market Impact Assessment (LMIA). Canadian employers must demonstrate that employing a foreign worker will not have a negative impact on the Canadian labour market in most cases, and that there is currently no Canadian citizen or permanent resident available to fill the position. This is typically accomplished by advertising the position on several venues, thus demonstrating there was no suitable Canadian for the job. A LMIA is a very rigorous and comprehensive process that is subject to a high level of scrutiny from the government, and thus must be completed without errors.
Two Canadian federal departments are responsible for work permits. If a Labour Market Impact Assessment is required, the department of Employment and Social Development Canada will review the LMIA application and make a decision on whether or not it approves the application.
The process of obtaining a work permit is handled by the department of Immigration, Refugees and Citizenship Canada (IRCC). Once an LMIA has been approved, you submit a work permit application to IRCC. If an LMIA is not required, you also apply to IRCC to get a work permit. The work permit provides you with the legal authority to work in Canada for a temporary period of time.
There are general requirements that all applicants must fulfil, and specific ones they need to fulfil based on the work permit stream they are applying under. For example, you are applying under a work permit stream that requires an LMIA, you need to submit the following documents to IRCC as part of your work permit application:
Generally speaking, all applicants need to demonstrate they will leave Canada when their work permit expires, they have enough money to financially support themselves in Canada, they do not pose a risk to public health and safety, and will not work for ineligible employers or in ineligible occupations.
Processing times vary based on a number of factors such as whether a Labour Market Impact Assessment is required, the work permit stream that you are applying under, and the country in which the worker is currently located. Check out CanadaVisa's immigration processing time tool for estimates.
If you have a work permit that is about to expire or if you need to make changes to the conditions of your work permit, you need to submit a new application at least 30 days before your work permit expires. You are not allowed to extend your work permit beyond your passport's expiry date.
An open work permit is one that enables a foreign worker to work for any employer in Canada. Open work permits do not require foreign nationals to obtain a Labour Market Impact Assessment or a job offer when applying to Immigration, Refugees and Citizenship Canada for a work permit.
Closed work permits require a foreign worker to only work for the employer who has obtained a positive LMIA and provided them with a job offer. If a foreign worker is no longer going to work for this employer, they need to apply to change the conditions of their work permit if they wish to continue to legally work in Canada.
The PGWP is available to international students that have completed an eligible program of at least 8 months of full-time studies at a Designated Learning Institution (DLI). The purpose of the PGWP is to enable international students to gain professional work experience which they can go on to use to become eligible for a Canadian immigration program. If you meet the PGWP's eligibility criteria, you can submit your application to Immigration, Refugees and Citizenship Canada (IRCC). The ultimate length of your PGWP depends on the duration of your studies in Canada. The maximum length of time of a PGWP is 3 years. Generally speaking you can only obtain a PGWP once. By the time your PGWP has expired, you either need to have obtained Canadian permanent resident status, or obtained another temporary permit, or leave Canada.
Your spouse or common law partner can apply for a work permit so long as they meet the eligibility criteria of an LMIA-required or LMIA-exempt work permit. One option available to Canadian citizens and permanent residents is the Spousal Open Work Permit.
The Spousal Open Work Permit allows eligible individuals living in Canada to obtain a temporary work permit while their spousal sponsorship application is being processed by Immigration, Refugees and Citizenship Canada (IRCC). This work permit enables the person awaiting sponsorship to work for any employer in Canada.
Yes, you can apply for a work permit on its own or in combination with a permanent residence application. Immigration, Refugees and Citizenship Canada (IRCC) recognizes the concept of "dual intent."
No, there are no limits. Each work permit has a validity period. Certain work permits do not have limits on the number of times they can be extended while work permits such as the Post-Graduation Work Permit can only be obtained once. If you have a work permit that can not be extended, you can apply to obtain a work permit under another category in which you are eligible.
Your work permit will contain conditions, including those that will be written on the work permit itself.
If you are on a closed LMIA-required work permit, for example, conditions will include the type of work you can do, which employer you can work for, where you can work, and how long you can work.
There are other standard conditions that apply to all foreign workers such as being required to leave Canada at the end of your stay.
Yes, assuming your work permit remains valid, you can submit an application to have it extended while you are living in Canada.
IRCC strongly encourages you to apply for your work permit before you travel to Canada, however some foreign workers are eligible to apply for one upon arrival.
Individuals who want to apply for a work permit at a Canadian port of entry (POE) must meet the following conditions:
According to IRCC, a job offer letter is provided to you by an employer in Canada that explains the details of your job. It is less detailed than a contract and is not the same as a "job offer letter." Rather, it outlines your pay, job duties, and conditions of employment. You need to include a copy of your job offer letter if you need to apply for a Labour Market Impact Assessment (LMIA). If an employer does not need an LMIA to hire you, they need to submit their offer of employment on the Canadian government's Employer Portal. After the submission, the portal will generate an offer of employment number that the foreign worker needs to apply for their work permit.
Some foreign workers need to complete a medical exam if they are looking to work in a job that requires the protection of public health. Examples of such jobs include health services, child care, or primary or secondary education. In addition, you may need to complete a medical if you will be working in an agricultural job and lived in a designated country or territory, or if you want to work in Canada for over six months and you resided in a designated country or territory for six straight months in the year right before the date you plan to move to Canada. The list of designated countries and territories are listed on the Canadian government's website.
Workers and employers usually need to pay fees for the Canadian government to process work permits. IRCC lists its fees on its website.
Workers on an LMIA-required work permit need to pay the work permit processing fee.
Workers on an LMIA-exempt work permit need to pay the open work permit holder fee as well as the work permit processing fee at the same time.
Employers who need an LMIA need to pay a processing fee for the LMIA application. Employers that do not need an LMIA still need to pay an employer compliance fee when submitting their offer of employment onto the Canadian government's Employer Portal.
IRCC will provide you with a "Port of Entry" (POE) Letter if you have received approval for a work permit. The letter is also called a "Correspondence Letter", "Introduction Letter", or "Introductory Letter". This letter is not your work permit, but it is important since you must show this to Canadian border officials when you arrive to the country.
Your POE letter will contain a section entitled "Permit validity" that will inform you of how long it is valid for. If the validity date expires, you need to submit a new application.
Validity lengths for International Experience Canada (IEC) participants only is usually 12 months. If you took a medical exam, your POE Letter will be valid until the expiry date of your medical exam or for 12 months (whichever of the dates is less).
Yes you can. Please keep in mind that your work permit is not a travel document, so it does not give you the right to travel to Canada. Rather, it gives you the right to work in Canada. In addition to your valid work permit, you need a temporary resident visa or an electronic travel authorization (eTA).
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