Work Permit

Work Permit

  • Project Name: Business Accounting
  • Client: Company Name Inc.
  • Project Commencement Date: January 26, 2019
  • Project Completion Date: March 27, 2019
  • Project url: www.example.com

Want to come to Canada to Work?

In order to legally work in Canada, you will need to get a work permit. There are two different types of work permits that can be issued to a foreign national:

An Open Work Permit,

  • This permit allows the holder to work for any employer in Canada, except ineligible employer and those who offer striptease, erotic dance, escort or erotic massage services.
  • You qualify for an open work permit only in specific circumstances.
  • There are 2 types of open work permit: (a) unrestricted, that allow you to work in any occupation and at any location and (b) restricted, you are still free to choose an employer, but you are restricted to an occupation or a location.

A Closed Work Permit (or Employer-Specific Work Permit),

  • This Permit limits the holder to a specific employer, whose name is listed on your work permit.

Can you get an Open Work Permit?

You are eligible to apply for an open work permit, under the following circumstances:

  • You are eligible for a Post-Graduation Work Permit or a Bridging Work Permit;
  • You are an international student who is no longer able to meet the costs of your studies;
  • You have a closed work permit but you are being abused or at risk of being abused at your job in Canada;
  • You applied for permanent residence in Canada or you are a dependent family member of someone who applied for permanent residence;
  • You are the spouse or a partner of a skilled worker or international student;
  • You are the spouse or a partner of an applicant of the Atlantic Immigration Pilot Program;
  • You are a refugee, refugee claimant, protected person or their family member;
  • You are under an unenforceable removal order
  • You will be conducting work in Canada related to a research, education or training program;
  • You are a temporary resident permit holder or;
  • You are a young worker participating in special programs.

Closed Work Permit (or Employer-Specific Work Permit)

If you don’t fall in any of the categories noted above, you must get a closed work permit in order to work in Canada.

In order to obtain a closed work permit, you need a Canadian employer who wants to hire. A Canadian employer can hire a foreign worker under different programs, each one of the programs have specific set of conditions that must be met by the employer:

  • Temporary Foreign Worker Program: Most Canadian employer must obtain a Labour Market Impact Assessment (LMIA) to hire you, the employer must show that there is a need for a temporary foreign to fill a labour shortage in the Canadian market and no Canadian or Permanent Resident is available to do the job.
  • Once the employer gets a positive LMIA decision, they can provide the confirmation letter to you, and you can then apply for a work permit.
  • In order to obtain an LMIA the employer has to meet very strict requirements, including conducting three different recruitment activities to hire a Canadian or Permanent Resident.

If you are Canadian employer and you wish to hire a foreign worker for a position that is not LMIA-exempt, contact the immigration experts at YIC and they will help you with your recruitment efforts and ensure you comply with all IRCC requirements for obtaining a positive LMIA.

  • International Mobility Program: This program allows Canadian employers to hire temporary workers for positions that are LMIA-exempt.
  • Your employer must submit an offer of employment form in your favour directly to the IRCC using the employer portal. Once an offer of employment has been submitted, only then you can apply for a work permit, the employer must provide an offer of employment number that you must use to apply for your work permit.
  • The Immigration Officer reviews the offer of employment strictly to ensure it is complete, genuine, the foreign worker meets all the job requirements and the duties included align with the NOC. And the application may be refused if the officer is not satisfied on these factors.

If you are Canadian employer and you want to hire a foreign worker for a position that is LMIA-exempt you contact our experienced immigration specialists who will ensure your job offer meets the IRCC requirements.

All Applicants for a work permit must meet the following requirements

The following are the basic requirement that each application must meet, in order to be eligible to apply for a work permit:

  • You must prove to an officer that you will leave Canada when your work permit expires;
  • You must show you have sufficient funds to support yourself and your accompanying family members;
  • You must obey the law and have no criminal record (You may need to provide a police clearance);
  • You must not be a danger to the Canada’s security;
  • You must be good health and may need to complete a medical exam;
  • You must not be planning to work for an ineligible employer;
  • You cannot work for an employer who, offers striptease, erotic dance, escort or erotic massages services and;
  • You must prove you can enter the Canada.

Meet the additional requirements – Location of Application 

There may be additional requirements you must meet depending on when and where you chose to apply for a work permit:

You can apply for work permit from three different locations:

Location From Outside Canada From Inside Canadas At the Port of Entry
Additional Requirements The Visa Office you are applying to may have its own specific requirements, these vary
from country to country. It is important that you review these requirements and follow
them.
You must fall into one of the following categories to be eligible to apply for a work
permit from inside Canada:o Have a valid study or work permit or have a spouse, partner
or parents with a valid study or work permit

  • Have graduated from a program at a Canadian School
  • Have a temporary resident permit valid for a period of six months or more
  • Have a decision pending on your permanent residence application, made inside
    Canada
  • Have made or are planning to make a refugee claim or have been granted refugee
    protection by Immigration and Refugee Board of Canada
  • Allowed to work in Canada without a work permit but need it to change jobs, or
  • Are under the North American Free Trade Agreement.
You must meet the following requirements:o You do not meet a visitor visa to come to
Canada (e.g. you are a citizen of the United States) AND

  • You are applying for an open work permit OR
  • All the steps with respect to your close work permit have been completed by your employer.
Risks N/A You must fall within one of the categories mentioned. This is not recommended, as the client will have to return on refusal and it is difficult to provide additional unanticipated documents to satisfy the officer.

How to apply for a work permit?

It is highly recommended that you apply for a work permit online but you can also submit a paper application, if you wish. However, if you qualify for the 2-weeks processing under the Global Skills Strategy, you must submit an online application.

FAQs

Only some applications qualify for the fast processing. If your job is LMIA-exempt, you must meet the following requirements to quality: (a) You Job fall under skill type 0 or A, (b) you are applying for a work permit from outside Canada and (c) and your employer has already submitted an offer and paid the fees. If your Job requires an LMIA, then you must meet these criteria to be eligible for the fast processing: (a) you are applying for a work permit from outside Canada and (b) you employer has already obtained a positive LMIA.