CANADA WORK PERMIT

Canada Work Permit is issued to eligible foreign nationals to work in Canada for a specific time. Usually, the employer must obtain from ESDC (Employment and Social Development Canada) an LMIA (Labour Market Impact Assessment), which gives them permission to recruit foreign skilled workers for occupations that cannot be filled in by citizens or permanent residents of Canada.

GENERAL ELIGIBILITY REQUIREMENTS

• Prove that you will leave Canada on the expiry of your Work Permit

• Proof of financial support

• Police check

• not a danger to Canada’s security

• Be medically accessible and take a medical exam if required

• Have no plans to work for an ineligible employer or in sectors like erotic dance, escort services, striptease, or erotic massages

• Must provide any required documents

  
  

DOCUMENTS REQUIRED FOR WORK PERMIT

• A valid passport with a validity of more than 6 months from the planned date of arrival in Canada.

• Two recent passport-sized photographs

• Educational qualification certificates

• Proof of professional qualifications, including work experience

• Proof of financial resources

• Medical examination required to be done from registered hospitals.

• Application fee

• Proof that they will leave at the end of the Work Permit

TYPES of WORK PERMIT 

There are two types of work permits, Open Work Permit or Employer-specific Work Permit. An open work permit basically allows you to work for any eligible employer and do not require the Labor Market Impact Assessment (LMIA) or an offer letter from an employer who has paid the compliance fee. The employer-specific work permit allows you to work for a specific employer based on a positive LMIA.

Holders of the following visas can apply for an Open Work Permit:

• Workers under some Canada International agreements

• Applicants or their spouse under Immigration Pilot Programs

• Live-in caregivers whose permanent residence application is submitted Caregivers whose permanent residence application is submitted under Caregiver pilot program.

• Spouses and dependants at age of majority of caregivers whose permanent residence application is submitted under the HCCPP or HSWP

• Bridging open work permits (BOWPs)

• Caregivers under the HCCPP or HSWP

• Spouses of skilled workers

• Spouses of students

• Post-doctoral Ph.D. fellows and award recipients

• Medical residents and fellows

• Charitable or religious workers

• Live-in-caregiver class

• Spouse or common-law partner in Canada class

• Protected persons under subsection A95(2)

• Family members of the above

• Vulnerable workers and their family members

• Destitute students

•  Holders of a temporary resident permit valid for a minimum of six months

LMIA-BASED WORK PERMIT

Foreign nationals need a Positive LMIA approval letter to apply for a permit to work in Canada. The Temporary Foreign Worker Program endues employers to make such requests to hire internationals. With confirmation, a foreign worker can get an LMIA-based work permit.

The employer submits the LMIA applications to the Employment and Social Development Canada (ESDC) who accepts and processes LMIA requests under eight (8) streams. Each type specifies requirements for employers' eligibility, job advertising, forms, supporting documents, processing fee, and timeline. Based on the answers to the core questions of LMIA,  ESDC uses seven factors to assess each LMIA request.  It evaluates whether Canadian workers, amongst citizens or permanent residents, are available to do the job offered to a foreign worker. If not, then a confirmation letter to hire a temporary worker to fill a labour or skills shortage will be issued. In other words, employing a foreign national must have a neutral or positive effect on the Canadian labour market. Temporary workers with positive LMIA can get from 50 to 200 additional points in Express Entry, which helps them immigrate to Canada.

A confirmation letter is not always required. For certain jobs, workers can get an LMIA-exempt work permit. Thus, a foreign worker with a job offer from a Canadian employer can directly apply for a work permit. ESDC’s confirmation is not needed and IRCC can issue work authorization without it.

On the other hand, there are also restrictions. Ineligible employers can not apply. If a work is in the restricted industry sector or occupation, ESDC will not even process and most likely will reject the application.