A work permit is a legal document which authorizes a foreign worker to work legally in Canada. Barring certain exceptions, most foreign temporary workers need this document to work. A Temporary Resident Visa (TRV) might also be required to enter Canada based of your country or residence or citizenship.
There are two different types of work permits:
- Open Work Permit
- Closed or Employer Specific Work Permit
An open work permit allows you to work for any employer in Canada, except for an employer:
- who is listed as ineligible on the list of employers who have failed to comply with the conditions, or
- who,on a regular basis, offers striptease, erotic dance, escort services or erotic massages.
You can only get an open work permit in some specific situations
To be eligible for Open Work Permit you should be under any of the following situations:
- Permanent residence applicants who have applied to an office in Canada,
- Dependent family members of some permanent residence applicants,
- Spouses and common-law partners of some workers and international students,
- Refugees, refugee claimants, protected persons and their family members,
- Some temporary resident permit holders, or
- Some young workers participating in special programs.
In each of these situations, you must meet additional criteria to be eligible.
To apply for Open Work Permit there are 2 important forms which you need to fill
Download Forms:
IMM5710E (Work Permit – Inside Canada Application Form)
IMM1295E (Work Permit – Outside Canada Application Form)
IMM5645E (Family Information Form)
Closed or Employer Specific Work Permit
Employer-Specific Work Permit:
An employer-specific work permit allows a foreign worker to work for a specific employer for a certain amount of time. This type of work permit will include the name of the employer you can work for, the duration and location of work. It is also known as a closed-work permit and is often subject to a job offer by a Canadian employer supported by a positive LMIA which proves that there is no Canadian citizen or permanent resident available to do the job which is being offered.
Eligibility: To find out if you are eligible to apply for a work permit, certain conditions need to be met. There are some general eligibility criteria and some of them depends on where you are applying for the work permit from.
General Requirements:
- You must be able to prove that you will leave the country after your work permit expires.
- Must not work for any employers who have failed to comply with the employment standards or businesses who engage in sex trade such as strip clubs, escort services, or erotic massage parlors.
- Must get your security and background check done and submit your police clearance certificate.
- Must get your medical exam done.
- Must have enough funds required to support yourself and your family members for the entire stay in Canada.
If Applying from Outside Canada: Depending on your country of residence or origin, you can apply for the work permit through your visa office outside Canada. They will be able to guide you on the documentation, fee and procedure. You also need to get your police clearance certificate issued from your consulate and medical examination conducted by a designated medical officer.
If Applying from Inside Canada: You are eligible to apply for a work permit while you are in Canada if :
- You or your spouse are currently living in Canada on a valid study or work permit.
- You have graduated from a designated educational institution in Canada. You are eligible for a Post-Graduate Work Permit.
- You have applied for your permanent residency and waiting for a decision to be made. You can apply for a Bridging Open Work Permit.
- You have asked for a refugee status inside Canada and are waiting for a final decision, or when you have been granted the status of a convention refugee or a protected person.
A work permit can be granted when you land into Canada if you are from a visa-exempt country with a valid medical certificate or if you are eligible to apply for an open work permit.
For an Employer Specific Work Permit, Foreign Worker may require LMIA.
What is a Labor Market Impact Assessment (LMIA)?
LMIA (Labor Market Impact Assessment) is a letter issued by ESDC (Employment And Social Development Canada) which is a department of the federal government in Canada. Canadian employers need LMIA approved if they want to hire a temporary foreign worker (TFW), although there are very few exceptions to this rule. Canadian employers only hire foreign worker they when want to fill vacant position, but before hiring foreign national they need to make a genuine effort to search permanent resident or Canadian citizen for the position.
There are several types of LMIAs:
- LMIAs related to Higher-skilled Occupation stream
- LMIAs related to Lower-skilled Occupation stream
- LMIAs related to Seasonal Agricultural Worker Program (SAWP) stream
- LMIAs related to Agricultural Stream
- LMIAs related to Temporary Foreign Workers in Quebec
Conditions on Work Permit
An officer may impose, change or cancel conditions when issuing a work permit. These may include any of the following:
- the type of employment;
- the employer you can work for;
- where you can work;
- how long you can continue to work; and
- the times or periods of work
Download Forms
There are some important forms for Work Permit – Outside Canada
IMM5488E (Application Form)
IMM1295E (Check List for Work permit – outside Canada)
IMM5645E (Family Information form)
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