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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:
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Meet the requirements of the job offer
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Have a valid passport
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Meet the requirements of the Labour Market Impact Assessment (LMIA)
How to Get a Work Permit in Canada?
Foreign workers seeking employment in Canada will need to obtain a work permit. 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 work 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.
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 there is no Canadian or permanent resident 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 interest, or certain Canadian permanent resident applicants.
2. LMIA Approval and Job Offer
Once the employer has received a positive LMIA, the employer must send you a copy of the LMIA approval letter as well as 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 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:
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Spouses or common-law partners of temporary foreign workers in a level 0, A or B occupation, according to the National Occupation Classification (NOC)
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Spouses or common-law partners of foreign students engaged in full-time study
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International students who have recently graduated from a Canadian post-secondary institution.
Family and Dependents
Can my family be included in my work permit application?
If you are applying for an employer-supported work permit, you may be eligible to have your spouse and dependent children accompany you to Canada. If your children are school-aged and are in Canada, they may attend Canadian educational institutions without requiring a separate study permit. Your spouse or partner may also be eligible to apply for an open work permit, allowing them to work for any employer in Canada.
Cost and Processing Time
How much does a 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 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. Processing times range anywhere 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 to 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.
Sobirovs Law Firm
With years of experience, our team fully understands the LMIA process, staying on top of the laws and changes that are frequent 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.
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