How to get a Work Permit in Canada?
A work permit is a legal document that allows a foreign national to work in Canada for a certain period. It is issued by the Canadian government. The requirements and process for obtaining a work permit can vary depending on the nature of the job and the individual’s specific situation.
The Canadian government describes “work” as an activity intended towards earning a livelihood — people work for other people who, in return, pay them or provide commission. However, foreign individuals cannot acquire a job in Canada without going through the Labour Market Impact Assessment.
Let’s look at the steps that must be taken to get a work permit.
Step one: The employer will request LMIA, if necessary.
The Canadian government requires an LMIA if the employer hires a foreign individual. However, in certain cases, an LMIA exemption is possible. Let’s look at both possibilities.
What is Labour Market Impact Assessment?
A Canadian employer must obtain a Labour Market Impact Assessment (LMIA) document for any foreign individual they wish to hire. The LMIA aims to ensure that hiring foreign employees does not negatively impact Canadian citizens’ and permanent residents’ employment opportunities, wages, or working conditions.
The Employment and Social Development Canada (ESDC) will issue a positive or neutral LMIA once they are satisfied that hiring a foreign individual does not take away any opportunity from a Canadian national.
Once the ESDC is satisfied, the foreign individual can go to the IRCC to obtain a work permit.
Additionally, if the employer hires for a position in Quebec, the foreign worker must obtain a Certificat d’acceptation du Québec (CAQ). This is required for them to work temporarily in Quebec. The application must be submitted to Quebec’s Ministère de l’Immigration, Francisation et de l’Intégration (MIFI) simultaneously with the LMIA submission to ESDC.
When is an LMIA not required?
Foreign individuals may be allowed to work without an LMIA — This is known as LMIA Exempt Work Permits and include the following:
- International agreements: foreign workers coming to Canada under trade agreements such as NAFTA, CETA, CPTPP, etc.
- Canadian interests: A person may be allowed to work in Canada without requiring an LMIA if:
- If he/she offers any social or cultural benefit
- If he/she is an international student studying in Canada to fulfill academic requirements known as co-op placements
- If he/she is accompanying their spouse who already has a work permit or study permit issues.
- If he/she is in Canada for religious work.
3. Intra-company transfers: foreign workers who are being transferred to a Canadian branch of their company.
4. Certain Migrant workers: Migrant workers and their dependents in Canada on employer-specific work permits who are experiencing abuse or at risk of abuse.
5. Refugee Claims: Individuals that need to support themselves under the refugee claim.
Step 2: Employer extends Temporary Job Offer:
Once the ESDC issues a positive/neutral LMIA, the employer must provide the potential foreign employee with a copy of the document and the job offer so it can be submitted to apply for a work permit.
Step 3: Foreign Worker applies for Work Permit
Once the foreign individual has gathered all the necessary documents, he/she can apply for a Canadian temporary work permit. A TRV may be required and depends on the employee’s country of residence.
Step 4: Work Permit is issued
A temporary work permit may be issued within a few days or may take years. There is no definitive timeline.
As soon as the foreign worker lands in Canada, he/she will be given the work permit at the point of entry by an officer of the Canada Border Services Agency (CBSA).
Most work permit issues fall under the “closed work permit” category — people with a closed work permit are only allowed to work for a specific employer. A new work permit application must be submitted if the foreign worker wishes to change his/her job but does not have a permanent residence status.
It is important to remember that the temporary work permit applies only to individuals who wish to work in Canada for a limited period. Individuals who are interested in working in Canada permanently must apply for the Canadian permanent residence process.
A temporary work permit may be beneficial when applying for PR. Once on a temporary work permit in Canada, a foreign worker may qualify for Canadian permanent residence under the Canadian Experience Class (CEC), through a Skilled Worker category, or through one of the Provincial Nominee Programs.
Contact Destination14:
Do you require assistance with your work permit application? Reach out to the team at Destination14 and let us help you with the process.