Work permits & LMIA
A work permit is a legal document permitting a foreign national to engage in employment while inside Canada. Canada annually issues about half a million work permits to temporary foreign workers worldwide. Canada is a prime destination for many foreign nationals seeking employment opportunities. Working in Canada is also an excellent first step for those seeking to immigrate permanently.
About Work permits & LMIA
A Canadian work permit is a permission to take a job within Canada if you are from a foreign country. It would be best if you usually had a work permit to work in Canada. You can sometimes work without a permit or job offer in Canada.
To be allowed to work in Canada, you must have a work permit. Canada has several work and immigration options. Some jobs, however, do not require work permits. The work permits vary depending upon the nature of the occupation. A work permit will contain the following information:
- The applicant’s employer
- Nature of employment
- Location of employment
- Duration of employment allowed.
In general, there are two types of work permits in Canada:
- Open Work Permit
- Employer-Specific Work Permit
Open work permits are classified into two types, restricted and unrestricted permits. The unrestricted permit allows an individual to work at any location in any occupation. The restricted permit prevents an individual from working in any location or occupation. It provides little freedom of movement within the country. Open work permits allow individuals to work for any employer in the country except for employers who are:
- Listed on the list of ineligible employers. These employers need to comply with specified conditions.
- Offering promiscuous services such as striptease, erotic dance, massages, escort services, or related professions.
You may be eligible for an open work permit if you fall into any of the following categories:
- You have applied for permanent residency in Canada.
- You are a dependent family member of someone who has applied for permanent residence in Canada.
- You are a spouse/common-law partner of a skilled worker working in Canada.
- You are a spouse/common-law partner of an international student with a valid study permit.
- You are a spouse/common-law partner of an individual who has applied to the Atlantic Immigration Pilot Program.
- You are a student who is facing difficulty funding his/her education, i.e. you are a destitute student.
- You are a graduate student eligible for a Post-Graduate Work Permit.
- You are a refugee.
- You are a young applicant part of a special program.
- You are under an unenforceable removal order.
- You have a temporary resident permit.
The following types of work permits are considered open work permits:
- Regular Work Permit
- Post-Graduation Work Permits
- Temporary Work Permits for Spouses/Common-Law Partners
- Youth Program Permit
- Atlantic Immigration Pilot Program Spousal Permit
- Bridging Open Work Permit
The following visa programs use the open work permit:
- The working Holiday Visa
- Federal Skilled Worker Program (FSWP)
- Federal Skilled Trades Program (FSTP)
- Provincial Nominee Program (PNP)
- Canadian Experience Class (CEC)
- International Experience Class
- Young Professional Visa
- International Co-op Program
The following visa programs use the open work permit:
- The working Holiday Visa
- Federal Skilled Worker Program (FSWP)
- Federal Skilled Trades Program (FSTP)
- Provincial Nominee Program (PNP)
- Canadian Experience Class (CEC)
- International Experience Class
- Young Professional Visa
- International Co-op Program
Employer-specific work permits allow individuals to work based on specific work conditions, such as the following:
- The name of the employer the applicant is allowed to work for
- The duration of the employment allowed
- The specific location of employment as allowed
The nature of the occupation and the applicant’s overall record determines the eligibility for an Employer-specific work permit. Some conditions that need to meet are as follows:
- You must satisfy the immigration officer that you will leave as soon as your work permit expires.
- You have sufficient finances to stay and take care of yourself and the people accompanying you during your visit to Canada.
- You have a clean criminal record.
- You pose no threat to Canada’s security.
- You have no serious medical issues that may affect the Canadian population in any way.
- You are not working for an employer listed ineligible on the list of employers who did not comply with employment conditions.
- You are not working for an employer who deals with promiscuous services such as striptease, erotic dance, massages, escort services, or related professions.
International students can apply for work permits for their dependent spouse and visit visas or study permits for their children during their studies in Canada. To be eligible for an open work permit for a spouse, the student must have his/her full-time study, or they can apply together while the student is applying for a study permit. The study permit allows the students to work up to 20 hours a week Off-Campus. Work On-campus does not require a work permit. After the student has completed his/her study, he/she may apply for a Post-Graduate Work Permit (PGWP), which allows the student to work full-time. This permit lasts up to 3 years and allow the student to apply for permanent residence in Canada under the Canadian Experience Class (CEC).
Spouses or common-law partners of Canadian Citizens or Permanent Residents can apply for an open work permit, provided they apply within Canada for Spousal Sponsorship or Common-law Sponsorship application and are currently present in Canada. The open work permit will allow them to work in Canada. The permit allows the spouse/common-law partner to work for one year and can be extended up to the date until the final decision has been rendered on their spousal sponsorship application. So, suppose the sponsored spouse or partner is currently in Canada on any valid status. In that case, he/she can apply for an open work permit in Canada with the original spousal sponsorship or common-law partner sponsorship application. If the sponsored spouse or common-law partner is out of status, then they can still apply for an open work permit in Canada. Still, it is recommended that they should only initiate the open work permit application once the sponsor receives approval in principle. Approval in principle or AIP does not mean the application is finalized but rather a stage which means that it has been established that the sponsor meets the eligibility requirements as a sponsor and can sponsor his/her spouse or partner for permanent resident status, however, a final decision will not be made until the applicant has been verified and pass all remaining requirements for becoming a permanent resident mainly medical and security & background checks.
Spouses or common-law partners of Canadian Citizens or Permanent Residents can apply for an open work permit, provided they apply within Canada for Spousal Sponsorship or Common-law Sponsorship application and are currently present in Canada. The open work permit will allow them to work in Canada. The permit allows the spouse/common-law partner to work for one year and can be extended up to the date until the final decision has been rendered on their spousal sponsorship application. So, suppose the sponsored spouse or partner is currently in Canada on any valid status. In that case, he/she can apply for an open work permit in Canada with the original spousal sponsorship or common-law partner sponsorship application. If the sponsored spouse or common-law partner is out of status, then they can still apply for an open work permit in Canada. Still, it is recommended that they should only initiate the open work permit application once the sponsor receives approval in principle. Approval in principle or AIP does not mean the application is finalized but rather a stage which means that it has been established that the sponsor meets the eligibility requirements as a sponsor and can sponsor his/her spouse or partner for permanent resident status, however, a final decision will not be made until the applicant has been verified and pass all remaining requirements for becoming a permanent resident mainly medical and security & background checks.
An application for a work permit must be filed with Immigration, Refugee, and Citizenship Canada (IRCC). To apply for a work permit, the applicant will require the following:
- An offer letter.
- An employment contract.
- A copy of the LMIA (if not under the LMIA exemption code)
- An LMIA number.
If you are currently working in Canada and have applied for permanent residence, you may be eligible for a bridging open work permit if your work permit expires in four months or less. This means you can keep working while we decide on your permanent resident application. To qualify, you must have applied under the:
- Federal Skilled Worker Program,
- Canadian Experience Class,
- Federal Skilled Trades Program,
- Provincial Nominee Program,
- Caring for Children Class, or
- Caring for People with High Medical Needs Class.
You must also:
- currently, be in Canada,
- have valid status on a work permit that is due to expire within four months,
- select “Open Work Permit” as the type of work permit when you complete your work permit application, and
- pay the work permit processing fee and the Open Work Permit Holder fee.
FAQ for Work permits & LMIA
The New Brunswick Provincial Nominee Program (NBPNP) is a program that allows New Brunswick to nominate immigrants to fill the economic and labour market needs of the province.
Yes, New Brunswick has an immigration stream aligned with the federal Express Entry immigration selection system, also referred to as an enhanced Express Entry stream. This stream is called New Brunswick Express Entry Stream. By receiving an enhanced provincial nomination from this stream, candidates receive an extra 600 Comprehensive Ranking System (CRS) points, resulting in an Invitation To Apply (ITA) for permanent residence being issued at a subsequent draw from the Express Entry pool.
Applying to the NBPNP is a two-step process. Candidates interested in living and working permanently in New Brunswick should first review the different NBPNP streams to determine if they are eligible.
Step 1: Once a complete application is submitted along with all supporting documentation, the processing time for eligible applications can be up to three months or more.
Step 2: Apply to Immigration, Refugees and Citizenship Canada (IRCC) for a permanent resident visa.
Within six months of receiving the nominee certificate, applicants are required to apply to IRCC in order to receive a permanent resident visa. Applicants, along with their spouse/common-law partner and dependents, if applicable, must meet all requirements for medical, security and criminal admissibility. IRCC has the final authority to issue a permanent resident visa.
As part of any PNP application, applicants are required to submit a Settlement Plan indicating why they wish to live in the province and how they intend to settle. Applicants are also required to sign an ‘intention to reside’ document with their application. That being said, the Canadian Charter of Rights and Freedoms ensures that all Canadian citizens and permanent residents are allowed to work and reside in any location across Canada. Once an individual obtains Canadian permanent residence, he or she has the right to work and reside in any Canadian province or territory.