Work in Canada

The Canada work permit is a document that allows foreign nationals to work in Canada for a specified period of time. Each year, the Government of Canada grants hundreds of thousands of work permits to temporary foreign workers from around the globe.

Eligibility to work in Canada

A work permit is required for most foreign nationals who want to work in Canada, with some exceptions. A job offer from a Canadian employer is usually needed to apply for a work permit unless the foreign worker falls into a category that does not require an LMIA or job offer. These categories can include recent graduates of a Canadian Designated Learning Institute or the spouse of someone already working or studying in Canada on a valid permit.

Candidates who wish to apply for a work permit must generally fulfil the following criteria:

• 1- Exhibit their intent to leave Canada after the expiry of the work permit; and
• 2- Demonstrate they have adequate funds to back them and their family during their stay in Canada and to get back home; and
• 3- Don’t have a criminal record or medical issue; and
• 4- Intend to work with a qualified employer; and
• 5- Capable of providing any documents in support of their eligibility to enter and work in Canada

Types of Canadian work permits

There are a few different ways to get a work permit in Canada. You might need a job offer from a Canadian employer, or an employer might need to provide a Labour Market Impact Assessment. Or, you might just need some kind of connection to Canada, like previous education or spousal sponsorship.

To understand what work permit you need, please look at the following categories:

1. Requiring a Labour Market Impact Assessment (LMIA)

These work permits require a positive LMIA from Employment. An LMIA is a document that a Canadian employer may need to provide before employing a foreign employee. The purpose of the LMIA is to ensure that there is a valid need for a foreign worker in the specific job and that no qualified Canadian worker is available to do the job.

Temporary Foreign Worker Program (TFWP)

The TFWP allows employers in Canada to hire foreign nationals to fill labour shortages. IRCC (Immigration Refugees and Citizenship Canada) and ESDC (Employment and Social Development Canada) jointly operate the program.

The TFWP program also ensures that these overseas workers are given the rights and protections required to work lawfully in Canada. Employers may employ temporary foreign workers through the following categories under the TFWP:

• 1- Foreign Academics
• 2- High-Wage Workers
• 3- Low-Wage Workers
• 4- Foreign Agricultural Workers
• 5- Global Talent Stream
• 6- In-Home Caregivers

Facilitated LMIA (Quebec)

Quebec has a more simplified process for hiring foreign workers through the facilitated LMIA process. This is because the Canadian federal government has empowered Quebec with significantly more freedom than other provinces in their immigration procedures and policies. As a result, Quebec’s immigration policies are often treated differently from the other provinces. Consequently, the province has a few unique distinctions regarding hiring temporary foreign workers. Namely, Quebec makes it easier to hire foreign workers through the facilitated LMIA process.

An application for an LMIA must showcase proof that the Canadian employer has already published an advertisement against the job to Canadian citizens and made sufficient efforts to hire a local for the post. The facilitated Labour Market Impact Assessment system enables Quebec companies to apply without submitting this evidence.

Global Talent Stream

The Global Talent Stream (GTS) program helps Canadian employers employ highly-skilled people worldwide. The program enables employers to expedite hiring international talents through the Global Skills Strategy. The program was established in June 2017 through a collaboration between IRCC and ESDC.

The GTS program is designed to attract highly-skilled talent globally, promoting Canada’s economic growth. The program has two categories: Category A and Category B. These two categories have distinct needs but share certain GTS requirements.

2. LMIA-Exempt but requiring an employment contract or job offer

Obtaining a work permit in Canada can be complicated and time-consuming. Fortunately, there are many ways to speed up the process by becoming LMIA-exempt.

International Mobility Program (IMP)

The IMP is a work permit program that applies to certain highly skilled workers. If you qualify under the IMP, you may be able to obtain a work permit without an LMIA.

The following conditions justify these LMIA exemptions:

• 1- comprehensive economic, social, cultural or similar special benefits for Canada; and
• 2- similar benefits enjoyed by Canadian citizens and PRs.

A Canadian business must follow three steps to employ a foreign worker through the IMP:

• 1- Positively confirm the workers under IMP qualify for an LMIA exemption;
• 2- Deposit the compliance fee of CAD 230;
• 3- Submit the formal job offer through IMP’s Portal.

3. Open Work Permits (no LMIA or job offer required)

A few types of work permits don’t require an LMIA or job offer. These are called Open Work Permits, letting you work for any employer in Canada or be self-employed. If you’re a student, some types of work permits don’t require an LMIA.

Post-Graduation Work Permits (PGWP)

If you graduate from a designated Canadian college or university (Canadian program of study), you may be qualified for a PGWP (Post-Graduation Work Permit). With this work permit, you can stay and work in Canada after graduation for three years.

The Post-Graduation Work Permit (PGWP) does not require a foreign national to obtain a Labour Market Impact Assessment (LMIA). Instead, the PGWP allows eligible graduates from certain programs to gain Canadian work knowledge. With adequate work experience, many foreigners become eligible permanent residents in Canada.

Sponsorship from SPOUSE Inside of Canada

If your spouse is employed or studying in Canada, you may be eligible for an open work permit if they sponsor you. You may also be eligible for this type of work permit if you have applied for permanent residence from within Canada and are waiting for a decision on your application.