The Different Types of Work Permits in Canada

WITH OR WITHOUT LMIA

Canada offers several types of work permits for foreign nationals wishing to engage in professional activities within the country. These permits are tailored to meet the needs of workers and the requirements of employers.

Here is an overview of the main types of work permits currently available in Canada.

OPEN WORK PERMIT

The Open Work Permit is one of the most flexible options, but also one of the less common types. It allows an individual to work for any employer in Canada, in any position they choose, subject to certain exceptions.

For instance, working in healthcare or education typically requires a prior medical examination. Additionally, some jobs cannot be performed under an open work permit, such as positions related to the military and defense, or jobs associated with the sex trade.

Finally, the open work permit is often granted to the spouses of foreign workers or international students. For example, if a worker is employed in Canada under a work permit, their spouse can obtain a permit for an equivalent duration. This arrangement allows couples to immigrate together as a family when one of them secures a job in Canada.

Other types of open work permits include:

– Working Holiday Visa (WHV)

– Permits for Temporary Foreign Workers awaiting Permanent Residency

– Permits for International Graduates from Canadian institutions

– Permits for Vulnerable Workers

EMPLOYER-SPECIFIC WORK PERMIT (CLOSED WORK PERMIT)

Unlike the open work permit, the employer-specific work permit (or closed work permit) restricts the worker to a specific employer and a defined position. To obtain this permit, it may be necessary to present a Labour Market Impact Assessment (LMIA).

However, many programs are LMIA-exempt, making the application process easier for employers.

For example, an employer wishing to hire a foreign worker for a specific role may need to obtain a positive LMIA to demonstrate that hiring this foreign worker will not negatively impact the Canadian labor market.

Regardless of the program under which the closed permit was obtained, it does not allow the worker to work for multiple employers or change jobs during the permit’s validity.

POST-GRADUATION WORK PERMIT

The Post-Graduation Work Permit is designed to help graduates from certain Canadian institutions gain work experience in Canada after completing their studies.

For example, a graduate in engineering from a Canadian university can obtain this permit to work in their field and apply the skills acquired during their studies.

This permit is crucial for graduates who wish to gain local experience that could support their professional integration and potential application for permanent residency.

FOCUS ON LABOUR MARKET IMPACT ASSESSMENTS (LMIA)

LMIA: in brief

The Labour Market Impact Assessment (LMIA) is a process that Canadian employers must undertake to hire a foreign worker (in certain situations).

The purpose of the LMIA is to ensure that employing a foreign worker will not negatively impact the job opportunities of Canadians or permanent residents.

Here are some key details about LMIA:

– For Most Closed Work Permits, employers must obtain a positive LMIA before hiring a foreign worker.

– In Quebec: The process is accompanied by obtaining a Quebec Acceptance Certificate (CAQ).

– The type of LMIA required depends on the position for which a foreign worker is being recruited.

– Employers should anticipate and bear the costs. For 2024, the fees are $1,000 for the LMIA and $444 for the CAQ (when required).

– Application Deadline: Once the LMIA is issued, the foreign temporary worker has six months to apply for a work permit.

Exemptions

Some work permits are exempt from requiring an LMIA. For example open work permits, permits issued under the International Mobility Program (IMP), or permits granted under certain specific programs.

The processes are easier, faster, and less costly for employers under LMIA-exempt work permit programs. While LMIA-exempt programs may seem more attractive, they are also more restrictive. Various eligibility criteria apply and must be considered.

In conclusion, the choice of work permit type depends on the foreign worker’s professional goals and the employer’s requirements. Open permits offer more flexibility, while closed permits often require an LMIA to ensure the protection of the Canadian labor market.