Work

Work Permits/LMIA’s

There are two types of work permits: open work permits and employer-specific work permits.

Open Work Permits

An open work permit allows you to work for any employer in Canada, except for an employer:

You can only get an open work permit in specific situations:

Spouses or common-law partners of student or workers in Canada may apply for an open work permit to allow them to work in Canada for the same duration as the study permit or work permit of their spouse or partner ( this does not apply to the spouses of working holiday visa holders).

  • Spouses and common law partners who are in Canada and have been sponsored through the Family Class and have applied for permanent residence.

Please note, on January 30, 2019 the Government of Canada extended the open work permit pilot for spouses and common-law partners applying for permanent residence under the spouse or common-law partner in Canada class until July 31, 2020.

  • A foreign graduate is eligible to apply for the Post-Graduate Work Permit Program (PGWP). This program allows the applicant to obtain an Open Work Permit up to a three-years-long depending on the length of their study (no job offer is required).

Employer-specific work permits

An employer-specific work permit allows you to work according to the conditions on your work permit, which include:

  • the name of the employer you can work for,
  • how long you can work, and
  • the location where you can work (if applicable).

In order to hire a foreign worker, Canadian employers have to obtain LMIA.

LMIA

Labour Market Impact Assessment or LMIA is a letter issued by the federal government of Canada that gives an employer the right to hire a foreign worker. All Canadian employers need LMIA if they want to hire a temporary foreign worker (TFW). There are very few exceptions to that rule.

LMIA Exemptions

Some jobs do not require an LMIA. Some of the most common LMIA-exempt streams are outlined below.

  • Dependents Of Foreign Workers Spouses and children of International Students and Foreign Workers holding a Canadian work permit for a skilled position do not require an LMIA.
  • International Agreements Jobs included in international trade agreements, such as the United States-Mexico-Canada Agreement (USMCA), which was created on September 30, 2018 and replaced NAFTA

 

  • Business Visitors

    -Intra-Company Transferees

Many international corporations have offices in different countries. Companies that have branches, subsidiaries, parent companies or affiliates in Canada  may obtain work permits for executives, senior or functional managers or specialized knowledge professionals in their corporation, under certain circumstances.  Transferees may be granted an LMIA exemption for a temporary transfer to Canada

– Entrepreneurs/Self-Employed Candidates

Entrepreneurs/Self-Employed Persons can get LMIA Exempt Work Permit in order to start or operate a business in Canada. Such applicants will have to demonstrate that their business will be of significant benefit to Canada. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature.

-Federal/Provincial Agreement or PNP LMIA Exemptions Workers who are eligible for a work permit through a federal-provincial/territorial agreement.

Workers nominated by a province for Permanent Residence and who have obtained a job offer in that province may be exempt from the need for an LMIA. Being exempt from obtaining an LMIA does not mean that the individual is exempt from the need for a Work Permit. All streams on the LMIA exemption list still mandate that the applicant obtain a Work Permit in order to work in Canada.

 

  • International Exchange Programs

– International Experience Canada (IEC) Working Holiday Visa. The International Exchange Canada Visa allows young people the opportunity to travel and work in Canada (Working Holiday) for up to two years depending on the program. The IEC Working Holiday Visa works on a quota system. There are a limited number of spaces available and they fill up quickly.

-Student Co-op Programs.  This program allows students who are presently enrolled at a foreign educational institution the opportunity to complete a work placement or internship in Canada as part of their academic curriculum. The foreign student does not need to obtain a labor market opinion

-Young Professionals Programs  The Young Professionals Program is tied to an offer of employment that is relevant to an applicant’s post-secondary studies and/or professional development. It is therefore an excellent way to obtain a work permit for an internship while attending post-secondary school or after graduation.

 

  • Academics

This category includes researchers, guest lecturers, and visiting professors.

 

  • Religious Workers This category includes people doing charitable or religious work.
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