Work Permit

A work permit is a legal document that allows a foreign national to engage in employment. Canada offers several work permit options.
To understand the eligibility criteria for working in Canada as a temporary foreign worker, it is important to understand what LMIA is and the role it plays in your work options for Canada.

Labour Market Impact Assessment (LMIA):
Most employers in Canada need the approval of the government for hiring any foreign national. They must go through some recruitment requirements to prove they made every effort to find a qualified Canadian citizen or permanent resident for the job, but were unable to find a suitable match. An LMIA application is then submitted. If it results in a positive decision, only then can the employer go ahead with the hiring of a foreign national.
An LMIA can be “named” or “unnamed”, depending on whether the foreign national being hired is named on the LMIA. A single LMIA can be for multiple employees.
Types of Work permit:

1. Closed Work Permit or Employer-specific work permit: allows a foreign national to work in a specific position for a specific employer only. It requires LMIA.
2. Open Work Permit: allows a foreign national to work for any position and any eligible employer in Canada. LMIA is not required.

A work permit may be “Occupation-restricted” which means it allows a foreign national to work for any employer within the same occupation mentioned on the work permit.

Different types of work permit requirements are mentioned below.

Jobs requiring positive LMIA and Work Permit:
In most cases, a foreign citizen requires an LMIA job offer from an eligible Canadian employer to apply for a work permit. These are closed work permits, mentioning the name of the employer, duration of employment and may have other restrictions on them too such as location of work if applicable.

LMIA- Exempt Jobs:
LMIA-exempt work can fall under any of the below categories of the International Mobility Program:

• International Agreements (NAFTA, CETA, GATS, Canada-Columbia FTA, Canada-Peru FTA)
• Intra-Company Transferees
• Spouse and Dependents of Foreign Workers
• Global Talent Stream
• Entrepreneurs/Self-Employed Candidates
• International Exchange Programs
• French-Speaking Skilled Workers
• Academics
• Religious Workers
• Provincial LMIA Exemptions

Work without Work permit:
A foreign worker does not require a work permit for the following occupations:

• Athletes and team members
• Aviation accident or incident inspector
• Business visitor
• Civil aviation inspector
• Clergy
• Convention organizers
• Crew
• Emergency service providers
• Examiners and evaluators
• Expert witnesses or investigators
• Foreign government officers
• Foreign representatives and Family members of foreign representatives
• Health care students
• Implied status
• Judges, referees and similar officials
• Military personnel
• News reporters, media crews
• On-campus employment and some Off-campus work
• Performing artists
• Public speakers

  Whether you are an employer who needs an LMIA for hiring a foreign worker, or a foreign national who needs assistance with your work permit application, our team is there to help you. Book a free consultation today!