Work permit
LMIA-Exempt work permits
Generally, the employer needs a Labour Market Impact Assessment (LMIA) to back the job offer for Express Entry. Some jobs do not need an LMIA.
Overview
A work permit or work visa is a legal document permitting overseas candidates to seek employment in Canada for a specific period of time. Individuals can apply for the work permit once they have a Canadian job offer in hand supported by a Labour Market Impact Assessment (LMIA) in majority cases, though there are some exceptions.
To be eligible to apply for the work permit, applicants need to demonstrate their eligibility to take up the job offer, submit necessary documents and prove they possess sufficient funds to support themselves and their dependents.
LMIA
LMIA-Exempt work permits
International Mobility Program: LMIA-Exempt Foreign Workers
Significant Benefit
Aside from the circumstances described in the next section, Canadian visa officers may decide that it is preferable to issue a work permit to a foreign national without first obtaining an LMIA.
Significant social or cultural advantage is what this is. The foreign national's projected contribution to Canada must be considerable, which means it must be noteworthy or significant. Officers often depend on any objective facts presented, as well as the testimony of reputable, reputable, and distinguished specialists in the foreign national's profession.
The past performance of the foreign national is a reliable indicator of their level of accomplishment. Measures that are considered objective for "significant social or cultural benefit"
- An authentic transcript from a college, university, school, or other institution of higher learning demonstrating the foreign national's possession of a degree, diploma, certificate, or comparable award in the field of their expertise.
- Documentation from the foreign national's present or previous employers demonstrating that they have substantial full-time experience in the position for which they are applying (significant in this context can be considered to mean 10 or more years of experience).
- Has won accolades at the national or international level or holds a patent.
- Confirmation of involvement with organizations that demand excellence from their members.
- Assessing the work of others.
- Proof that peers, governments, or professional or corporate bodies have recognized one's accomplishments and major contributions to the field.
- Documentation of the foreign national's scientific or intellectual contributions to the topic.
- Articles written by the foreign national in scholarly or professional journals.
- The foreign national's executive position in a prestigious organization.
Entrepreneurs/Self Employed people
Independent businessmen who want to temporarily relocate to Canada to launch or run a business may be given an LMIA exemption. To be eligible for one of these programmes, applicants must own all or the majority of the company they want to start in Canada. Additionally, they will need to show how their venture would significantly benefit Canada. Only those business owners who can prove that their work in Canada is temporary will be granted LMIA-exempt work permits. Owners of seasonal businesses are particularly well suited for this category. In this category, LMIA-exempt work permits may also be available to entrepreneurs who have already submitted applications for permanent residence in Canada. Only those business owners who can prove that their work in Canada is temporary will be granted LMIA-exempt work permits.
Intra Company Transferees
LMIA exemptions for temporary transfers to Canada may be given to intra-company transferees. The recipients must be executives, managers, or specialised knowledge workers who are employed by a foreign business that has a qualifying connection to the Canadian business.
Dependents of foreign workers
Children and spouses of foreign workers with Canadian work permits for skilled positions are exempt from the LMIA requirement. Please take note that spouses of employees participating in an international exchange programme are not covered by this.
French-Speaking Skilled Workers
Individuals from abroad that are destined for a region or province outside of Quebec, who have been enlisted through an indigenous immigration recruitment campaign organised by the federal government and Francophone minority communities, and who are qualified under a National Occupational Classification (NOC) 0, A, or B, may be eligible to work in Canada through Mobilité Francophone.
Academics
Researchers, visitors, and visiting professors are all included in this.
Provincial LMIA Exemptions
Employees who have received an employment offer in a province and have been nominated by that province for permanent residence may be excused from the requirement for an LMIA
Reciprocal Employment
Bilateral contracts of employment let foreign workers work in Canada where there are comparable opportunities for Canadians to work there.
International Agreements
A number of international accords that make it easier for foreign employees to enter the country are parties to by Canada. An LMIA is not necessary for the admission of foreign employees under these agreements because it is thought that they will significantly benefit Canada. An illustration of this is the North American Free Trade Agreement (NAFTA).
International Exchange programs
A number of youth exchange programmes involve Canada as a participant. These initiatives include of the Working Holiday Visa for International Experience Canada (IEC), Student Co-op programmes, Young Professionals programmes, and Teacher Exchange Programmes. An LMIA is not required for these programmes.
Charitable and religious work
Charitable workers
In the context of Canada, charitable activities are those that alleviate poverty, enhance education, or serve other socially beneficial goals. As a result, certain non-profit workers can temporarily enter the Canadian employment market without needing an LMIA. Being listed as a charity with the Canada Revenue Agency (CRA) is a clear sign that a company is really benevolent in character. An exception to this LMIA-exempt provision, foreign workers can be permitted to work in Canada for a company that is not registered with the CRA; in this case, the visa officer might ask the employer for more details.
The Canadian government makes a distinction between volunteers who do not require a work permit and charitable workers who must. A volunteer does not enter the workforce, and the volunteer's presence in Canada is secondary to the trip's primary goal. On the other hand, a charitable worker typically accepts a position involving an activity that satisfies the definition of employment and is eligible to receive payment in Canada. He or she requires a work permit as a result, even though the LMIA procedure is not necessary
Religious workers
The foreign national must typically be a member of or share the beliefs of the specific religious community where he or she desires to work, or must be able to teach or share other religious beliefs as required by the employer, in order to be eligible for religious work.
For this LMIA-exempt category, the foreign national's major responsibilities should reflect a specific religious aim, such as the delivery of religious instruction or the promotion of a specific religion or faith. The task should encompass sustaining the doctrines and spiritual practises that support a religious faith's spiritual teachings as well as advancing those practises.
Canada Work permits
Learn more about the different routes to apply for a work permit in Canada
Overview
Description
The majority of foreign workers who qualify for FTAs need work permits in order to work in Canada, however they are excluded from having to complete a Labour Market Impact Assessment (LMIA), which streamlines and expedites the work permit application process. The largest FTA to which Canada is a party is the Canada-United States-Mexico (CUSMA) pact, which is similar to many other FTAs to which Canada is a party:
Similar to CUSMA, the Chile, Peru, Columbia, and Korea Free Trade Agreements (FTAs) and the Canada-European Comprehensive Economic and Trade Agreement (CETA) all have provisions that permit temporary entry to four categories of businesspeople: business visitors, professionals, intra-company transferees, traders, and investors. Professionals are permitted to enter under the General Agreement on Trade in Services (GATS) as either professionals or intra-company transferees.
Each category has a different set of entry requirements. The same LMIA exemption does, however, apply
- CUSMA, or Canada, United States, and Mexico Agreement. The North American Free Trade Agreement (NAFTA), as it was formerly known.
- Canada-Chile FTA
- Canada-Peru FTA
- Canada-Colombia FTA
- Canada-Korea FTA
- Comprehensive Economic and Trade Agreement (CETA)
- GATS
- Canada–Panama Free Trade Agreement
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Overview
You can work for any employer in Canada that you choose if you have a PGWP. After that, you can utilise this professional employment experience to support your application for permanent residency in Canada. The Post-Graduation Work Permit (PGWP) is one of the tools Canada uses to entice and keep overseas students and immigrants. The PGWP is valid for a maximum of three years (the precise number of years a person has a PGWP will vary depending on how long their Canadian educational programme was). An open work permit known as the PGWP enables foreign graduates to work for any Canadian firm without a job offer. The PGWP's ability to help international graduates get professional work experience in Canada is one of its main advantages. Such work experience is beneficial when PGWP holders later apply for immigration to Canada. Numerous of Canada's approximately 100 distinct immigration programmes honour applicants who have studied, worked, or both in the country. In general, in order to be qualified to apply for a Canadian permanent residence programme, a PGWP holder must have one year of professional work experience in a NOC code of 0, A, or B
Can I study Overseas and still be eligible for a PGWP?
During the coronavirus pandemic, Immigration, Refugees and Citizenship Canada (IRCC) has put in place a special policy that permits foreign students to complete distance learning at a Canadian Designated Learning Institution and still qualify for a PGWP as long as they meet all other requirements. DLIs are colleges and institutions that have received government of Canada accreditation to accept foreign students. Up to 100% of their programme may be completed online by international students who are studying from abroad or who apply for a study permit by August 31, 2022, without affecting their eligibility for the PGWP. However, regardless of when an overseas student started their studies, every study time completed from abroad beginning on September 1, 2023, will be subtracted from the duration of their PGWP.
What are the Required Supporting Documents for a PGWP Application?
The applicant should ensure that the information provided is accurate.
- Letter confirming completion of the program of study
- Transcript
What are the PGWP’s eligibility requirements
International students who wish to apply for a Post-Graduation Work Permit must possess the following:
Completed a minimum eight-month-long academic, vocational, or professional training programme at a qualifying Designated Learning Institution (DLI) List. Any course of study must result in a degree, diploma, or certificate. For select foreign students, Canada has waived this restriction during the coronavirus outbreak. Those who started or will start a programme between spring 2020 and summer 2022, or those whose programme was already underway in March 2020, may be exempt. Additionally, people who took a leave of absence during their last academic session may be eligible for exceptions.
Obtained a transcript and an official letter from the qualified DLI attesting that the applicant satisfies the conditions necessary for programme completion. Program officers may ask for extra paperwork, but two crucial ones must be included with the application: a letter attesting to the applicant's completion of their program of study and an official transcript issued by their DLI.
Graduated from:
- A public post-secondary institution, such as
- A college
- A trade or technical school
- A university
- CEGEP (in Quebec)
A private postsecondary institution in Quebec that follows the same regulations as the province's public schools.
A private secondary or post-secondary institution in Quebec that provides acceptable programmes lasting at least 900 hours and leading to the awarding of a diplôme d'études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP).
Canadian private school that can award degrees under provincial law (for example, Associate, Bachelor’s, Master’s or Doctorate degree) but only if the student was enrolled in a study program that leads to a degree as authorized by the province.
How long is a PGWP valid for?
- To be completed within eight months: Unqualified for a PGWP Between eight months and less than two years, but completed program: The PGWP will be valid for the same period of time as your study program (for instance, a PGWP valid for 10 months if the course of study is 10 months long).
- PGWP is valid for three years after a two-year or longer program has been completed.
- Completed multiple programs: As long as your Canadian courses of study is DLI qualifying and each last for more than eight months, you might be able to combine them to qualify for a PGWP. The lengths mentioned will match the complete duration of the PGWP.
What is the PGWP’s application deadline?
Within 180 days (six months) of receiving a transcript and an official letter from the eligible DLI stating that the conditions to complete the program of study have been satisfied, an applicant must submit an application for a post-graduation work permit. Candidate alternatives if the study permit is due to expire before the results are in include as follows:
Obtain a visitor record to extend your stay in Canada or depart the country and obtain the PGWP.
Applicants must show, at the time of application, that they are either in possession of a current study permit, formerly held one, or were otherwise qualified to study in Canada in accordance with sections 188(1)(a) and (b) of the Immigration and Refugee Protection Regulations
Apply for an extension of your open work permit if you are a holder of a Post-Graduation Work Permit (PGWP)
If you are currently in possession of a Post-Graduation Work Permit (PGWP) and your work permit is set to expire or has already expired within the year 2023—or between the period of September 2021 and December 2022—you may qualify for an extended open work permit of up to 18 months.
The Pilot Program for Open Work Permits under Spousal Sponsorship
The Spousal Sponsorship program falls within the Family Class immigration category, allowing Canadian citizens or permanent residents (referred to as sponsors) to sponsor their spouse or common-law partner (known as the sponsored person) for Canadian permanent residence. Open work permits are not tied to a specific employer or job, granting the holder the freedom to work for almost any Canadian employer without requiring a confirmed job offer. These permits typically have a validity of two years or until the passport expiration date, whichever comes first. Initially introduced for a 12-month period in December 2014, the pilot program has been extended until regulatory changes are finalized to establish it as a permanent policy.
To qualify for an open work permit, the following conditions must be fulfilled:
- A Spousal/Common-Law Partner Sponsorship Immigration Program application for permanent residence must be submitted.
- The applicant must reside at the same address as the sponsoring spouse or common-law partner.
- The applicant must possess valid temporary resident status, whether as a visitor, student, or worker.
- Both the applicant and the sponsor must meet all the eligibility criteria outlined for spousal or common-law partner sponsorship.
Significant Benefit Work Permit
In broad terms, an individual from another country who wishes to work in Canada typically needs to obtain a Labour Market Impact Assessment (LMIA). Nevertheless, there are specific circumstances where the LMIA requirement can be exempted if the individual seeking employment in Canada provides a noteworthy advantage. In order to obtain a substantial work permit in Canada, individuals from other countries must present evidence to the Canadian government that the employment they intend to undertake will yield substantial economic, social, or cultural advantages for Canada. The applicant will be required to demonstrate their exceptional achievements and recognition in their respective field.
As per the guidelines provided by Immigration, Refugees and Citizenship Canada (IRCC), the requirements encompass the following:
- Official academic documentation demonstrating that the foreign worker has obtained educational qualifications relevant to their professional expertise.
- Documented evidence from current or previous employers, indicating substantial full-time experience in the specific job (where "significant" refers to ten or more years of work experience).
- Receipt of international or national awards or patents.
- Membership in esteemed organizations that demand excellence from their members.
- Holding a position where the individual has evaluated the work of others.
- Proof that the foreign worker's work, accomplishments, and contributions in their field have been acknowledged by peers, government entities, or professional associations.
- Evidence of scientific or scholarly contributions made by the individual in their respective field.
- Publications authored by the foreign national in academic or industry-related publications.
- Serving in a leadership capacity within an organization with a distinguished reputation.
- Foreign workers outside of Quebec, employed in a job falling under National Occupation Classification O, A, and B, and recruited through programs such as Destination Canada or other job fairs coordinated with the federal government and francophone minority communities.
Who is eligible to obtain a work permit with a significant benefit?
Intra-Company Transferees:
Foreign nationals employed by a multinational company may be eligible for a significant benefit work permit when seeking entry to Canada to work for a parent, subsidiary, or branch of that company. The intended position in Canada must be in an executive, senior managerial, or specialized knowledge capacity.
Television and Film Production Workers:
Essential workers in the TV and film industry, crucial to the production process, may qualify for a significant benefit work permit. The admission of such workers aims to attract investment to Canada and generate significant economic advantages for Canadian citizens and permanent residents.
Entrepreneurs and Self-Employed Workers:
Individuals interested in starting a business or working as self-employed in Canada may be eligible for a significant benefit work permit. They must demonstrate to the Canadian government that their activities will yield economic, social, or cultural benefits.
Emergency Repair Personnel:
These workers are required in Canada to perform emergency repairs on industrial or commercial equipment, even if under warranty, to prevent disruptions in employment within Canada.
Overview
The spouse of certain temporary Canadian permit holders can work anywhere in Canada with a spouse open work permit, with some restrictions.
Who can apply for a spouse open work permit?
Individuals who have applied to be sponsored by their spouse, or if their spouse is in Canada on a study or work permit may be able to apply for a spousal open work permit. The type of status your spouse has in Canada determines the requirements for applying for a spousal open work permit.
Overview
A bridging open work permit (BOWP) allows an individual to keep working while they are waiting for results of their permanent residence application to be processed by immigration.
In-Canada applicants who have applied for permanent residence may be considered for a bridging open work permit if they already have a valid work permit, have maintained authorization to work as a result of submitting an application to renew their work permit, or are permitted to restore their temporary resident status with authorization to work on a work permit.
Eligibility Criteria
To be eligible for BOWP, overseas candidates must
- be currently in Canada after being authorized to enter as a temporary resident
- While applying, satisfy one of the criteria:
- -have valid temporary resident status and a valid work permit
- -must be on maintained status in Canada and have submitted to renew their work permit
- -be eligible to restore their temporary resident status with authorization to work on a work permit
- federal skilled worker class (FSWC)
- Canadian experience class (CEC)
- federal skilled trades class (FSTC)
- Caring for children class or caring for people with high medical needs class before June 18, 2019
- cial Nominee Program (PNP) (provided there are no employer restrictions on nominations)
- Agri-Food Pilot (AFP)
- illed worker class (QSWC)
- on R10 completeness check for an QSWC application or Express Entry application OR a positive eligibility assessment on their non-Express Entry permanent residence stream
Fee for Bridging open work permit?
The processing fee for an open work permit is $255 CAD – $155 f, and the holder fee is $100 CAD.
Employment Location
Open work permits generally allow foreign nationals to work for any employer in Canada. However, there are some exceptions in terms of the employment location for certain applicants:
The employment location for PNP candidates is limited to the nomination province. The employment location for QSWC candidates is limited to the province of Quebec.
Eligibility Criteria
You may be eligible for an open work permit if,
- you are an international student who graduated from a designated program of study
- dependent family member of some international students
- applied for permanent residence in Canada
- are a dependent family member of someone who applied for permanent residence
- are the spouse or common-law partner of a skilled worker or international student
- are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program
- are a refugee, refugee claimant, protected person or their family member
- are a young worker participating in special programs
- are a temporary resident permit holder
Who can apply for a spouse open work permit?
Individuals who have applied to be sponsored by their spouse, or if their spouse is in Canada on a study or work permit may be able to apply for a spousal open work permit. The type of status your spouse has in Canada determines the requirements for applying for a spousal open work permit.
How to apply
To apply for an open work permit the individual needs to apply online. Based on whether they are applying from inside or outside Canada they need to answer the respective questions and pay the fees.
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