How to Get a Work Permit in Canada
Most foreign nationals are required to obtain a work permit in order to be legally employed in Canada. In general, foreign workers fall into two main groups.
The first group includes individuals who must go through the Canadian government’s labour market test, known as the Labour Market Impact Assessment (LMIA). The second group consists of workers who are exempt from the LMIA requirement.
Understanding Canada’s work permit pathways can be complex. However, the Cohen Immigration Law Firm aims to simplify the process and provide guidance.
Table of Contents
Overview
For Canadian immigration purposes, the term “work” is interpreted very broadly. It includes any activity where wages or commission are received, as well as any activity that may directly compete with jobs held by Canadian citizens or permanent residents in the labour market, regardless of how long the activity lasts.
In most situations, a Labour Market Impact Assessment (LMIA) is required. This document confirms that hiring a foreign worker will not negatively impact Canadian workers. Typically, applicants also need a valid job offer from a Canadian employer to apply for a work permit.
However, there are certain exceptions where individuals may qualify for an Open Work Permit, which is not tied to a specific employer. Although work permits are temporary by nature, they can often be renewed from within Canada.
The following guide outlines the process for applying for a temporary work permit in Canada.
Step 1: Employer applies for a Labour Market Impact Assessment (if required)
Step 2: Employer provides a temporary job offer
After receiving a positive or neutral LMIA, the Canadian employer must issue a formal job offer to the foreign worker. This includes providing a copy of the LMIA approval letter along with a detailed employment offer, which the applicant will need for their work permit application.
Step 3: Foreign worker submits work permit application
Using the LMIA approval document, the job offer letter, and the CAQ if it is required, the foreign national can apply for a temporary work permit through Immigration, Refugees and Citizenship Canada (IRCC). Depending on their country of citizenship, they may also need a Temporary Resident Visa (TRV) in order to enter Canada, which is usually applied for together with the work permit application at a Canadian visa office outside Canada.
Step 4: Work permit issuance
Once approved, the Canadian temporary work permit is typically issued by a Canada Border Services Agency (CBSA) officer when the foreign worker arrives at a Canadian port of entry.
Work permits are usually granted for a limited duration, ranging from a few days to several years depending on the situation.
Most work permits in Canada are employer-specific, meaning they are “closed” permits tied to a particular employer and job. As a result, the foreign worker is only authorized to work for the employer listed on the permit. If they wish to change employers or positions before obtaining permanent residency, they must apply for and receive a new work permit first.
A temporary work permit is intended for individuals planning to work in Canada for a fixed period. However, it can also serve as a pathway to permanent residence. While working in Canada, individuals may become eligible to apply for permanent residency through programs such as the Canadian Experience Class (CEC), skilled worker pathways, or Provincial Nominee Programs (PNPs).
