A work permit is a legal document permitting a foreign national to engage in employment while inside of Canada. Each year, Canada issues about half a million work permits to temporary foreign workers around the world.
For Canadian immigration purposes the definition of “work” is very broad 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 labour 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 in nature, but can often be extended from inside Canada. Below is a guide on how you can pursue a Canadian temporary work permit.
A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) assessing the impact of hiring a foreign national in Canada. A positive LMIA indicates that there is no Canadian citizen or permanent resident to fill a position, therefore enabling an employer to hire a foreign national. A negative LMIA indicates that a position should be filled by a Canadian citizen or permanent resident.
Typically, employers in Canada that wish to hire a foreign national are required to get a positive or neutral LMIA from ESDC. Once this is granted, the foreign national can then go to the federal department of Immigration, Refugees and Citizenship Canada (IRCC) to get their work permit. Once they get their work permit, they can go ahead and move to Canada to begin working for the employer.
Most foreign nationals require a permit to be eligible to work in Canada, with some exemptions.
To apply for a work permit, most candidates will require a Canadian job offer supported by a Labour Market Impact Assessment (LMIA). There are some exceptions to this requirement, where foreign workers can apply for a work permit without an LMIA, or a job offer. Examples of this include a recent graduate from a Canadian Designated Learning Institute (DLI), or the spouse of someone already on a Canadian work or study permit.
A job offer letter is a document that a Canadian employer gives you (as a temporary worker). It explains the details of your job.
Generally, a job offer letter (or “employment letter”) is less detailed than a contract.
The letter includes information about:
An open work permit is a work permit that is not job-specific. Because it is not job-specific, you will not need the following when you apply for your work permit:
a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada, or
proof that an employer has submitted an offer of employment through the Employer Portal and paid the employer compliance fee
There are many different options for obtaining a Canadian work permit. Some work permits require a job offer from a Canadian employer, some require that the employer provide a Labour Market Impact Assessment (LMIA), while others require that a person has some sort of connection to Canada (previous education, spousal sponsorship, etc.). Please refer to the following categories below to determine the work permit which best suits your qualifications:
