Canadian Work Permit

To attract the best and brightest minds from around the world, Canada issues tens of thousands of works permits annually. If you are looking for information on how to apply for a work visa in Canada, look no further than this detailed page from CVIS Immigration.

Whether or not you need to take the Canadian government’s labour market test will determine your next steps (known as the “LMIA”).

It can be challenging to sort through the various options for obtaining a work permit in Canada, but we’ll do our best to simplify the process for you. Please complete CVIS Immigration contact form if you wish to schedule a free telephone consultation with our work permit consultants.

Canadian Work Permit

Overview

Any activity, no matter how short-term, that involves compensation of any kind (wages, commissions, etc.) or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market is considered “work” for Canadian immigration purposes. A Labour Market Impact Assessment (LMIA) is usually necessary to prove that the proposed job won’t hurt Canadian workers. To obtain a Canadian Work Permit, you will typically need a job offer from a Canadian employer. Open Work Permits, which are not tied to a specific employer, are permitted under Canadian immigration law under specific circumstances. A work permit is only ever valid for a set period of time, though that period of time is often extended from within Canada. Following is information to help you apply for a work permit in Canada temporarily.

Step 1: If an LMIA is required, the company will submit one.

There are two types of work permits issued by the Canadian government. A labour market test is required for a work permit or is not required for a work permit. An applicant for a work permit in Canada may need to show no negative effects on local employment or wages by passing a “labour market test” in certain circumstances.

LMIA?

A Labor Market Impact Assessment is the formal name for the employment evaluation (LMIA). Employment and Social Development Canada is the government agency in charge of LMIAs at the federal level (ESDC). When ESDC is confident that no Canadian or permanent resident is qualified for the position, it will issue a positive or neutral LMIA. When the LMIA office determines that Canadian workers would be harmed by the hiring of a foreign national, it issues a negative LMIA.

To hire an international worker, a Canadian company must first obtain a possitive or neutral LMIA from Employment and Social Development Canada (ESDC). After this is accomplished, the foreign national can apply for a work permit from Immigration, Refugees, and Citizenship Canada (IRCC). They can start working for the company in Canada as soon as they receive their work permit.

If there are certain situations where an LMIA is unnecessary, what are they?

However, there are specific scenarios in which foreign workers can secure a work permit without an LMIA. The following are examples of work permits that are exempt from the requirements of the LMIA:

Comprehensive Economic and Trade Agreement (CETA), Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and other international agreements;
Canadian interest:
- Caused by substantial positive effects on Canadians’ economic, social, or cultural lives;
- Canada and its provinces/territories have entered into reciprocal agreements with other countries to facilitate exchange programmes for students and educators.
- In order to fulfil course requirements known as co-op placements for international students studying in Canada;
- So that spouses/common-law partners of certain Canadian citizens and permanent residents who hold work permits or Study Permits can also find gainful employment in Canada;
- In order to facilitate religious or humanitarian efforts;
To account for the fact that some people who are in Canada for reasons other than those listed above, such as to make a refugee claim, still need a means of subsistence;
For some Canadians applying for permanent residency;
Abuse or threatened abuse of certain migrant workers and their dependents in Canada on employer-specific work permits.

Step 2: Employer offers temporary employment

To apply for a work permit, foreign workers need a copy of the LMIA approval letter and a detailed job offer letter from their Canadian employer.

Step 3: Work Permit Application from foreign Worker

The foreign worker can apply to Immigration, Refugees, and Citizenship Canada for a temporary work permit with the LMIA approval letter, the job offer letter, and the CAQ (if necessary) (IRCC). In order to apply for a temporary work permit in Canada, the foreign worker may first need to apply for a temporary residence visa (TRV) at a Canadian visa office outside of Canada.

Step 4: The Issuing of a Work Permit

When a foreign worker enters Canada, an official with the Canada Border Services Agency (CBSA) will issue him or her a temporary work permit.

The duration of a short-term work visa can vary from one day to several years.

Most work permits in Canada are “closed,” meaning they are issued only for a single employer and a single position within that employer. That’s why a foreign worker can only work for the company named on their work permit. Therefore, a foreign worker who finds alternative employment in Canada but who does not yet have permanent resident status must apply for and obtain a new work permit before changing employers or positions in Canada.

Keep in mind that a Canadian Temporary Work Permit is only required of foreign workers who intend to stay in the country for a specific time frame. Foreign workers who wish to settle in Canada permanently must go through the Canadian permanent residence application process. But a temporary work permit can be a stepping stone to citizenship in Canada. A foreign worker who comes to Canada on a temporary work permit may be eligible for permanent residence in Canada through the Canadian Experience Class (CEC), the Skilled Worker category, or one of the Provincial Nominee Programs.

Contact the CVIS Immigration for Assistance

Help with a work permit? If you need assistance, contact CVIS Immigration. We’ve helped countless employees and businesses in Canada successfully secure work visas.

If you have any questions for our law firm, please fill out our brief form. To set up a no-cost phone consultation, one of our experts will get in touch with you shortly.

Contact CVIS IMMIGRATION TEAM for Assistance
Professional immigration services in Canada are provided by CVIS Immigration When you hire a CVIS Immigration Consultant, you’ll have someone who is solely focused on facilitating your immigration to Canada.
CVIS Immigration established its online identities, cvis.ca and lmiajobs.ca. Since its inception, Cvis.ca has become one of the most visited websites worldwide for information on immigration to Canada. Complete a free assessment form at cvis.ca if you’re interested in immigrating to Canada through one of Quebec’s skilled worker programs or another skilled worker pathway. Members of the Cvis Immigration team will get in touch with you to help in any way they can if they determine that you qualify for immigration to Quebec or Canada.