WORK IN CANADA
Work Permit and LMIA
A work permit allows a foreign national to work in Canada on a temporary basis. There are various options available for foreign workers to come and work in Canada. These options can be broadly categorized into two: the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP).
Temporary Foreign Worker Program (TFWP)
The Temporary Foreign Worker Program (TFWP) allows Canadian employers to recruit foreign workers to fill temporary jobs when qualified Canadian citizens or permanent residents are not available. The most important part of the TFWP hiring process is applying for a Labour Market Impact Assessment (LMIA). An LMIA proves that no Canadian citizen or permanent resident was available to fill the job position. The temporary foreign worker must submit a copy of the LMIA or the LMIA number along with their work permit application.
The TFWP is administered in partnership with Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC). ESDC assesses applications from employers interested to hire foreign workers and conducts Labor Market Impact Assessments to determine the impact of hiring foreign workers on the Canadian labor market.
Labour Market Impact Assessment (LMIA)
A Labour Market Impact Assessment (LMIA) is a document that serves as proof that there will be a positive or neutral impact to the Canadian labour market if the employer hires the foreign worker. A positive LMIA will show that there is a need for a foreign worker and no Canadian citizen or permanent resident is available to fill the job. A temporary work permit supported with an LMIA is required for a foreign national to be able to work for Canadian employers. The Canadian employers who wish to hire foreign workers must apply for an LMIA. They should be aware of the requirements, wages, advertisement efforts, exceptions to the advertising requirements, and how to apply for an LMIA. Employment and Social Development Canada (ESDC), a federal government department, is responsible to oversee the LMIA process.
Process for Work Permit
Step 1: Employer applies for a Labour Market Impact Assessment, if necessary
Step 2: Employer extends a Temporary Job Offer
Step 3: Foreign Worker applies for a Work Permit
Step 4: Work Permit is issued.
Depending on the foreign worker’s country of citizenship, a Temporary Resident Visa may also be required to enter Canada.
International Mobility Program (IMP)
The International Mobility Program (IMP) allows Canadian employers to recruit foreign workers on a temporary work permit without a Labor Market Impact Assessment (LMIA). The IMP includes international agreements such as the Canada-United States-Mexico Agreement (CUSMA) and the Canada-European Comprehensive Economic and Trade Agreement (CETA), International Experience Canada, and Post-Graduation Work Permits. It also includes those coming to work in Canada under Intra-Company Transferees. The IMP allows employers to hire foreign employees without first offering the job to Canadians.
A Temporary Work Permit may be a stepping stone for foreign nationals to Canadian permanent residence. Once they accomplish the required amount of work, foreign nationals may qualify for permanent residence through Canadian Experience Class (CEC), through a Federal Skilled Worker Program (FSWP), or through a Provincial Nominee Program (PNP).
Foreign Nationals Who Can Work in Canada Without a Work Permit
The following foreign nationals may perform work in Canada without a work permit:
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- Foreign representatives and their family members
- Foreign government officers
- Performing artists
- Business visitors
- News reporters, media crews
- Athletes and team members
- Military personnel
- Public speakers
- Judges, referees, and similar officials
- Civil aviation inspectors
- Aviation or accident investigators
- Crew
- Clergy
- Emergency service providers
- Maintained status
- Health care students
- Expert witnesses and investigators
- Examiners and evaluators
- Convention organizers
- On-campus employment
- In-flight security officers
- American cross-border maritime law enforcement officers
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Spouse Open Work Permit (SOWP)
A spouse open work permit (SOWP) allows the spouse or common-law partner of a work permit or study permit holder to work for any eligible employer in Canada. The SOWP is not employer-specific, i.e. you do not require a job offer to apply for one. With a SOWP, you can look for a job after you arrive in Canada. Employers don’t need a Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) to hire applicants who have a SOWP. The status of the work permit or study permit holder will determine their spouse’s or common-law-partner’s eligibility to apply for a SOWP.
To be eligible for a SOWP, you must meet the following requirements:
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- You must be in a genuine relationship with your spouse or common-law-partner.
- Your spouse or common-law-partner must have either an employer-specific or open work permit or be authorized to work in Canada without a work permit. Or, he or she must have a valid study permit and be enrolled as a full-time student at a Designated Learning Institute (DLI) in Canada.
- Your spouse or common-law-partner must have at least 6 months’ validity remaining on their work or study permit when your SOWP application is submitted.
- You are not criminally or medically inadmissible to Canada.
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Normally, your work permit is valid for the same amount of time that your spouse or common-law-partner’s work permit or study permit is valid. Your work permit will stay valid for that entire duration even if your spouse or common-law-partner loses his/her job or completes his/her studies early, or you divorce or separate with him/her.
You can apply for an open work permit for your spouse along with your study permit or work permit application. Your minor child/children may also study in Canada without a study permit at the preschool, primary, or secondary level.
Changes to Spouse Open Work Permit (SOWP) Eligibility from January 2023 to 2025 – A Temporary Two-Year Measure
As per this temporary measure, you may be eligible to apply for a SOWP effective January 30, 2023, if you are the spouse, common-law-partner or dependent child of a work permit holder who:
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- Is employed in any occupation classified under TEER category 0 to 5 (except a TEER 4 or 5 job under the low-wage stream of the Seasonal Agricultural Worker Program and the Agricultural Stream of the Temporary Foreign Worker Program, or
- Has a valid work permit (employer-specific or open under a non-family category), or
- Has applied for permanent residence under an economic class immigration program.
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Post-Graduation Work Permit (PGWP)
The Post-Graduation Work Permit allows international students an opportunity to work in Canada for up to 3 years after the successful completion of their study. In order to be eligible for a PGWP, the length of your program must be of at least 8 months. You are entitled for a PGWP that’s valid for up to the same length as your study program. If the duration of your program is 2 years or more, you will be eligible for a PGWP that’s valid for 3 years.
PGWP is a one-time opportunity for international students. Skilled Canadian work experience in Training, Education, Experience and Responsibilities (TEER) categories 0, 1, 2 or 3 that is gained through the PGWP program helps international graduates qualify for Permanent Residence in Canada through the Canadian Experience Class within Express Entry.
PGWP applicants are eligible to work full time without a work permit while waiting for a decision on their application if they meet the following:
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- They are or were the holders of a valid study permit at the time of the PGWP application
- They have completed their program of study
- They met the requirements for working off campus without a work permit
- They did not exceed the allowable hours of work.
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