Work Permit

A Canadian work permit is the permission to take a job within Canada. Barring some cases which allows a foreign national to work without a permit or job offer, work permit is mandatory to work in Canada. The Canadian Work Permit Visa allows business people, permanent workers, temporary workers, students and others to work in Canada.

There are four basic steps to getting a temporary Canadian Work Visa:

1. Employer applies for labour market opinion (if necessary)
2. Employer extends temporary job offer to foreign workers
3. Foreign skilled worker applies for work permit
4. Work permit is issued

There are 2 types of work permits.

1. Employer-specific work permit

An employer-specific work permit lets you work in Canada according to the conditions on your work permit defined by:

• The name of the specific employer
• The term period of work
• The location of work (if applicable)

Either a copy of a Labour Market Impact Assessment ( LMIA) or an offer of employment number provided by the employer should be furnished with the application.

What is labour market impact assessment ( LMIA )

A Labour Market Impact Assessment (LMIA) is a mandatory document that an employer in Canada should furnish before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job as no Canadian worker or permanent resident is available to do the job.

Who needs a Labour Market Impact Assessment?

Employers of some types of temporary foreign workers need to get a Labour Market Impact Assessment (LMIA) before the worker applies for a work permit. An LMIA is a document from Employment and Social Development Canada that gives the employer permission to hire a temporary worker.

2. Open work permit

An open work permit lets the candidate have more freedom as it is not tied to any specific employer or location. This means that a foreign national with a valid open work permit may work for multiple employers in multiple locations throughout Canada. However, certain open work permits may have additional requirements or restrictions which must be respected by foreign nationals.

Benefits of an Open Work Permit

The freedom and discretion to work at any place and/or for any employer makes the open permit very attractive for workers. By gaining Canadian work experience, many foreign nationals will improve their eligibility for Canadian permanent residency.

As Canadian work experience is accrued, foreign nationals can monitor their eligibility for the following pathways to permanent residence:

• Express Entry
• Federal Skilled Worker (FSW)
• Federal Skilled Trades (FST)
• Canadian Experience Class (CEC)
• Provincial Nominee Programs (PNPs)
• Quebec Immigration

Eligibility requirements for all applicants

• prove to an officer that you will leave Canada when your work permit expires
• show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home
• obey the law and have no record of criminal activity ( Police clearance certificate )
• not be a danger to Canada’s security
• be in good health and have a medical exam
• not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions
• not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and
• give the officer any other documents they ask for to prove you can enter the country

Can You Turn a Work Visa into Permanent Residency?

A bridging open work permit can be useful in such a scenario. kTo qualify, you must have applied under the:

Federal Skilled Worker Program

The Federal Skilled Worker (FSW) program is for people who are selected to immigrate to Canada because of their work experience and skills. As of January, 1, 2015 candidates for the Federal Skilled Worker Program will be selected to apply through the Express Entry System.

Examples of skilled labor include engineers, scientists, software development, paramedics, police officers, soldiers, physicians, crane operators, truck drivers, machinists, drafters, plumbers, craftsmen, cooks and accountants.

Canadian Experience Class

The Canadian Experience Class (CEC) is an immigration program that allows individuals who have worked for at least one year in Canada to immigrate permanently. The government of Canada recognizes the deep pool of talented workers already working in Canada, and wants them to become permanent residents.

Federal Skilled Trades Program

The Federal Skilled Trades Program is for skilled workers who want to become permanent residents based on being qualified in a skilled trade. FSTP is one of the programs that is managed by the Express Entry system along with the Federal Skilled Worker Program and the Canadian Experience Class. These are all based on the in-demand skilled occupations listed by the Canadian federal government.

Eligibility requirements are:

• Have at least 2 years of full-time work experience in an eligible skilled trade;
• Meet minimum language levels in English or French;
• Have an offer of full-time employment for a total of at least one year; or
• Have a certificate of qualification in your skilled trade issued by a province or territory

Provincial Nominee Program

Provincial Nominee Programs (“PNPs”) that allow accelerated immigration processing according to provincial needs have been set up in most provinces in Canada. There are basically two types of PNP programs.

• Skilled Worker PNP

  The first type is the skilled worker PNP. This program will allow expedited processing for skilled workers that have a job offer from a local provincial business in an occupation or business sector that meets local provincial needs.

• The Home Child Care Provider and Home Support Worker pilots.

  These pilot programs replaced the Caring for Children Class or Caring for People with High Medical Needs Class in 2019.

  Caregivers will now only receive a work permit if they have a job offer in Canada and meet standard criteria for economic immigration programs. Once working in Canada, caregivers will be able to begin gaining the required two years of Canadian work experience to apply for permanent residence.