How Do I Get Canada Work Permit?

Eligibility and Requirements

Who is eligible to work in Canada?

To be eligible to work in Canada, most foreign nationals require a work permit. However, there are some exceptions, such as business visitors, some student workers, and individuals working in specific occupations like performing artists or athletes. To apply for a work permit, most candidates will require a Canadian job offer supported by a Labour Market Impact Assessment (LMIA). Some exceptions to this requirement include recent graduates from a Canadian Designated Learning Institute (DLI) or the spouse of someone already on a work or study permit.

Candidates who qualify to apply for a work permit must also meet the following eligibility requirements:

• Meet the requirements of the job offer

• Have a valid passport

• Meet the requirements of the Labour Market Impact Assessment (LMIA)

Types of Canadian Work Permits

There are several types of Canadian work permits, each with its own specific requirements and conditions. Understanding these different types can help you determine which permit is best suited for your situation.

• Employer-Specific Work Permits: These permits are tied to an employer and job position. To obtain an employer-specific work permit, you will need a Labour Market Impact Assessment (LMIA) and a job offer from a Canadian employer. This type of permit restricts you to only working for the employer listed on your permit.

• Open Work Permits: Unlike employer-specific work permits, open work permits allow foreign workers to work for any employer in Canada. Open work permits do not require an LMIA or a job offer, making them more flexible. However, they are typically only available to certain individuals, such as spouses of temporary foreign workers or international students.

• International Mobility Program (IMP) Work Permits: These permits are for foreign workers who are exempt from requiring an LMIA. The IMP includes work permits for intra-company transferees, international students, and participants in youth exchange programs. This program facilitates the entry of foreign workers who can contribute to Canada’s economic, social, and cultural development.

• Temporary Foreign Worker Program (TFWP) Work Permits: These permits are for foreign workers who require an LMIA. The TFWP includes work permits for both low-wage and high-wage positions. Canadian employers must demonstrate that they have made efforts to hire Canadian citizens or permanent residents locally before offering the job to a foreign worker.

By understanding the different types of Canadian work permits, you can better navigate the application process and choose the permit that aligns with your employment situation.

How to Get a Work Permit in Canada?

Foreign workers seeking employment in Canada will need to obtain a work permit. A crucial part of the work permit application process is receiving a temporary job offer from a Canadian employer, which involves confirming job details and understanding the necessary documentation, such as a positive LMIA. There are two types of work permits available in Canada: restricted work permits and open work permits. The work permit application process involves specific steps, including submitting required documents and meeting eligibility criteria. While some jobs are exempt from work permits, most jobs will require one to be able to a temporary work visa in Canada.

Restricted Work Permits

Restricted work permits are the most common type of work permit issued in Canada.  These work permits are only issued for a specific employer, so you will need to obtain a new work permit if you change employers. Work permits also have a set duration. However, you may apply for a new work permit from inside Canada. The maximum duration a foreign worker may work in Canada is four years. After 4 years, you must leave Canada and will be unable to obtain a new work permit until an additional 4 years have passed. This takes into account all the time worked in Canada, whether it is continuous or with gaps between work periods.

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The steps for obtaining a work permit in Canada include:

Labour Market Impact Assessment

Canadian employers must apply for a Labour Market Impact Assessment (LMIA) if required to do so. If the employer can prove that no Canadian or permanent resident is available to perform the job and presents a detailed job offer, they may receive a positive LMIA.

The prospective employer must obtain a positive LMIA before a work permit will be considered. There are limited exceptions to this rule, as some jobs qualify for LMIA-exempt work Permits. These exemptions are generally granted due to international treaties, Canadian interests, or certain Canadian or permanent status of applicants.

2. LMIA Approval and Job Offer

Once the employer receives a positive LMIA, it must send you a copy of the LMIA approval letter and a detailed job offer letter.

3. Apply for Worker Permit

In addition to the LMIA approval letter and job offer, you must apply for a Canadian work visa and a work permit from Immigration, Refugees and Citizenship Canada (IRCC). You may also need to apply for a Temporary Resident Visa (TRV), depending on where you are applying from or your citizenship.

4. Receiving Your Work Permit

If your application for a work permit is approved, it will be issued to you by the Canada Border Services Agency (CBSA) at a point of entry in Canada.

Open Work Permits

An open work permit differs from employer-specific work permits and restricted work permits in a few major ways. An open work permit does not require a specific job or is not connect with only one specific employer, and also does not require LMIA approval. Holders of an open permit may work for any Canadian employer doing most types of jobs. Open work permits do not require a job offer. However, open work permits in Canada are restricted to those who meet the following eligibility requirements:

1. Spouses or common-law partners of temporary foreign workers in a level 0, A or B occupation, according to the National Occupation Classification (NOC)

2. Spouses or common-law partners of foreign students engaged in full-time study

3. International students who have recently graduated from a Canadian post-secondary institution.

Another option for individuals aged 18 to 35 is the Canadian Working Holiday Visa. This visa allows young people to live and work in Canada for up to two years. It is ideal for employers seeking to deploy talent quickly in North America and offers support in the application process.

Common Mistakes and Refusals

Applying for a Canadian work permit can be a complex process, and there are several common mistakes that can lead to a refusal. Being aware of these pitfalls can help you avoid them and increase your chances of a successful application.

• Incomplete or Inaccurate Application Forms: One of the most common reasons for refusal is submitting incomplete or inaccurate application forms. Ensure that all sections of the form are filled out correctly and that the information provided is accurate.

• Missing or Incomplete Supporting Documents: Supporting documents are crucial for your application. Missing or incomplete documents can result in a refusal. Make sure to include all required documents, such as your job offer, LMIA approval letter, and proof of qualifications.

• Failure to Meet Eligibility Requirements: Each type of work permit has specific eligibility requirements. Failing to meet these requirements can lead to a refusal. Review the eligibility criteria carefully and ensure that you meet all the necessary conditions.

• Failure to Obtain a Labour Market Impact Assessment (LMIA) When Required: For employer-specific work permits, an LMIA is often required. If your employer fails to obtain a positive LMIA, your application will be refused. Ensure that your employer has completed this step before you apply.

• Failure to Provide Proof of Language Proficiency: Depending on the type of work permit, you may need to provide proof of language proficiency. Failing to include this proof can result in a refusal. Check the language requirements for your specific permit and provide the necessary documentation.

• Failure to Provide Proof of Qualifications and Experience: Your qualifications and work experience are critical components of your application. Ensure that you provide proof of your qualifications and relevant work experience to support your application.

By avoiding these common mistakes, you can improve your chances of obtaining a Canadian work permit and successfully working in Canada.

Family and Dependents

Can my family be included in my work permit application?

If you are applying for an employer-supported Canadian work permit, you may be eligible to have your spouse and dependent children accompany you to Canada. If your children are of school age and are in Canada, they may attend Canadian educational institutions by getting study permits. Your spouse or partner may also be eligible to apply for an open work permit that allows the spouse to work for any employer in Canada.

Cost and Processing Time for Canada Work Permit

How much does a Canada work permit cost?

The government processing fee for a closed work permit is $155 CAD per person or $255 per person for an open work permit. If you are restoring a work permit or applying for your own work permit as a group of performing artists, additional fees will apply.

The processing time for a work permit application depends on the type of permit and the applicant’s country of residence at the time of application. It can range from a few weeks to several months.

It’s important to note that the cost and processing time may vary depending on the specific type of work permit and the individual’s circumstances. It’s always best to check with Immigration, Refugees and Citizenship Canada (IRCC) for the most up-to-date information.

Moreover, if you are hiring an immigration lawyer for your work permit application, then you should add the lawyer’s fee on top of the government fees above. Typically, the lawyer’s fee for such an application will range somewhere between $3,500 and $8,500, depending on the immigration program you apply under.

Path to Permanent Residency

Many foreign workers who come to Canada on a temporary work permit may be eligible to apply for permanent residency. There are several pathways to permanent residency, each with its own set of requirements and benefits.

• Express Entry: This is a federal program that allows foreign workers to apply for permanent residency based on their skills and experience. Express Entry manages applications for three economic immigration programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. Candidates are ranked based on a points system, and those with the highest scores are invited to apply for permanent residency.

• Provincial Nominee Programs (PNPs): These programs allow provinces and territories to nominate foreign workers for permanent residency based on their skills and experience. Each province and territory has its own PNP with specific criteria. If you receive a nomination, you can apply for permanent residency through the Express Entry system or directly to Immigration, Refugees and Citizenship Canada (IRCC).

• Quebec Skilled Worker Program: This program allows foreign workers to apply for permanent residency in the province of Quebec based on their skills and experience. The Quebec Skilled Worker Program has its own selection criteria and points system, separate from the federal programs. Successful applicants receive a Quebec Selection Certificate (CSQ) and can then apply for permanent residency.

• Family Sponsorship: This program allows Canadian citizens and permanent residents to sponsor their family members for permanent residency. If you have a close relative who is a Canadian citizen or permanent resident, they may be able to sponsor you for permanent residency. This pathway is available for spouses, common-law partners, dependent children, parents, and grandparents.

To be eligible for permanent residency, foreign workers must meet the eligibility requirements for the specific program they are applying for. This includes meeting the requirements for language proficiency, education, and work experience. By understanding the different pathways to permanent residency, you can plan your journey to becoming a permanent resident of Canada.

Sobirovs Law Firm

With years of experience, our team fully understands the LMIA process and Canadian work permits, staying on top of the frequent laws and changes in the business immigration world. As you begin your efforts, know that choosing Sobirovs Law Firm will ensure that you have trusted legal advice by your side every step of the way. Complete our business immigration assessment and contact our legal team today.