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Work Permit

Work Permit

Work Permit


 

In Canada, there are two types of work permits:

      The Temporary Foreign Worker Program: A Labour Market Impact Assessment (LMIA) is required for a foreign national to obtain this type of work permit.

      The International Mobility Program: An LMIA is not required for a foreign national to obtain this type of work permit.

The LMIA’s purpose is for employers to demonstrate to the Canadian government that there will not be a negative impact on Canada’s workforce by hiring foreign workers. The federal department of Employment and Social Development Canada (ESDC) wants to ensure and guarantee that the hiring of foreign workers will not displace existing workers in Canada nor place downward pressures on their wages. Workers that require an LMIA fall under the Temporary Foreign Worker Program (TFWP).

Although the LMIA process is the rule, Free trade agreements can result in an LMIA-exempt work permit, such as the former North American Free Trade Agreement, now known as the Canada-United States-Mexico Agreement (CUSMA). These free trade agreements enable foreign workers to apply for a work permit without their employer having to obtain an LMIA. In addition to these employer-sponsored work permits, there are several work permit options available to foreign workers who do not yet have a job offer, including working holidays, post-graduate work permits, and open spousal work permits. Workers who do not need an LMIA fall under the International Mobility Program (IMP).

Listed below are the common scenarios in which one could work in Canada:

-        LMIA required

The definition of "work" is very broad in Canadian immigration and is defined as an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labor market, no matter the duration of the intended activity. Generally speaking, a Labour Market Impact Assessment (LMIA) is required, indicating that the proposed employment will not adversely affect Canadian workers. In most cases, a job offer from a Canadian employer is required to apply for a Canadian Work Permit. In limited situations, Canadian immigration regulations allow for Open Work Permits, which are not employer-specific. A work permit is always temporary, but can easily be extended from inside Canada.

-        LMIA exempt

Foreign workers that require the Canadian government's labor market test, known as the LMIA ( Labour Market Impact Assessment) fall under the Temporary Foreign Worker Program (TFWP). Conversely, foreign workers that do not require an LMIA fall under the International Mobility Program (IMP). The TFWP’s purpose is to enable employers in Canada to hire foreign workers when there are no suitable workers in Canada to do the job. The purpose of the IMP is to promote Canada's broad economic, social, and cultural interests. Because the IMP's policy goals are broader, the Canadian government does not use the LMIA process on foreign nationals who fall under any of the IMP's streams.

-        CUSMA

Work Permits under the provisions of CUSMA (Canada-United States-Mexican Agreement) do not usually require a Canadian labor market test, known as LMIA.

Although LMIA-exempt, workers and employers who use the CUSMA program must comply with all provisions governing temporary work in Canada.

Because American and Mexican citizens do not require a Temporary Resident Visa to enter Canada, the CUSMA Work Permit applications may be done at a Port of Entry (border crossing or airport), or at a Visa office, either online or by paper.

-        Intra-Company Transfers

Work permits acquired through this program are exempted from the requirement to obtain a Labour Market Impact Assessment (LMIA). Although LMIA-exempt, workers and employers who utilize the Intra-Company Transfer program are required to comply to all provisions governing temporary work in Canada, including obtaining a Temporary Resident Visa, if applicable.

Three years immediately before the date of the initial application, transferees must have been employed with the foreign enterprise continuously for at least one year in a full-time position, similar to the position they will be occupying at the Canadian business. The Canadian business will also have to demonstrate a qualifying relationship with its foreign counterpart.

-        Business Visitors

Canada is one of the world’s largest economies, attracting thousands of short-term business visitors each year. With an international market-oriented economy and as a member of the Organisation for Economic Co-operation (OECD) and the Group of 7 (G7), as well as a signatory to the Canada-United States-Mexico Agreement (CUSMA, or formerly known as NAFTA), Canada strives to ensure that international business visitors can come to Canada on business trips. Subject to the nature of the work, as well as the individual’s nationality, certain business visitors can enter the country to conduct business or trade activity without needing a work permit.

-        Post-Graduation Work Permit

Canada offers the Post-Graduation Work Permit (PGWP) in its efforts to attract international students and retain them as immigrants. The PGWP is valid for up to three years (the actual length of each person's PGWP depends on the length of their Canadian educational program). The PGWP is an open work permit, which enables international graduates to work for any Canadian employer without needing a job offer. A major benefit of the PGWP is it allows international graduates to gain professional work experience in Canada. Such work experience is helpful when PGWP holders go on to apply for Canadian immigration. Many of Canada's over 100 different immigration programs reward candidates who have studied and/or worked in Canada. Generally speaking, a PGWP holder needs to gain one year of professional work experience in a National Occupational Classification (NOC) code of 0, A, or B to then be eligible to apply for a Canadian permanent residence program.