Work Permit Process - Themillenniumimmigration

How to Get a Work Permit in Canada

Most foreign nationals require a work permit to work in Canada. Generally, foreign workers fall into two main categories:

The first category includes foreign workers who must undergo the Canadian government’s labor market test, known as the Labour Market Impact Assessment (LMIA). The second category consists of those who are exempt from the LMIA requirement.

Navigating Canada’s various work permit options can be challenging, but The Millennium Immigration aims to simplify the process for you. If you would like to schedule a free telephone consultation with our work permit team, please fill out our contact form.

Overview
Step 1: Employer applies for a Labour Market Impact Assessment, if necessary
Step 2: Employer extends Temporary Job Offer
Step 3: Foreign Worker applies for Work Permit
Step 4: Work Permit is issued
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Overview

For Canadian immigration purposes, “work” is broadly defined as any activity where wages are paid, commissions are earned, or the activity directly competes with that of Canadian citizens or permanent residents in the labor market, regardless of the activity’s duration. Typically, a Labour Market Impact Assessment (LMIA) is required, demonstrating that hiring the foreign worker will not negatively impact Canadian workers. In most instances, a job offer from a Canadian employer is necessary to apply for a Canadian Work Permit.

In certain cases, Canadian immigration regulations allow for Open Work Permits, which are not tied to a specific employer. Although work permits are temporary, they can often be extended from within Canada.

Below is a guide on how to obtain a Canadian temporary work permit.

Step 1: Employer applies for a Labour Market Impact Assessment, if necessary

The Canadian government classifies work permits into two categories: those that require a labor market test and those that are exempt from it. In certain situations, a labor market test is necessary to demonstrate that issuing a work permit to a foreign national will not negatively affect the employment and wages of Canadian workers.

What is an LMIA?

The labor market test is known as a Labour Market Impact Assessment (LMIA). The process is overseen by Employment and Social Development Canada (ESDC). A positive or neutral LMIA is granted when ESDC determines that no Canadian citizen or permanent resident is available for the position. Conversely, a negative LMIA is issued if ESDC believes there are domestic workers who can fill the job and that hiring a foreign national would be detrimental to Canadian workers.

Typically, Canadian employers wishing to hire a foreign national must obtain a positive or neutral LMIA from ESDC. Once granted, the foreign national can then apply for a work permit from the federal department of Immigration, Refugees and Citizenship Canada (IRCC). After receiving their work permit, they can move to Canada to start working for the employer.

If the position is located in Quebec, the foreign worker must also obtain a Certificat d’acceptation du Québec (CAQ) to work temporarily in the province. The CAQ application must be submitted to Quebec’s Ministère de l’Immigration, Francisation et de l’Intégration (MIFI) concurrently with the LMIA application to ESDC.

ESDC and MIFI have streamlined the LMIA process for employers hiring for select positions in Quebec, allowing them to forgo proof of recruitment efforts.

When is an LMIA Not Required?

In some limited situations, foreign workers can obtain a work permit without needing an LMIA. These LMIA Exempt Work Permits include the following scenarios:

International Agreements: Such as the North American Free Trade Agreement (NAFTA), Comprehensive Economic and Trade Agreement (CETA), or Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
Canadian Interest: When significant economic, social, or cultural benefits to Canadians are evident.
Reciprocal Agreements: Established between Canada and other countries, including youth and teacher exchange programs.
Co-op Placements: Allowing international students studying in Canada to fulfill academic requirements.
Accompanying Spouses/Common-Law Partners: Permitting them to work in Canada alongside certain work permit and Study Permit holders.
Charitable or Religious Work: Facilitating voluntary contributions in these fields.
Refugee Claimants: Enabling individuals in Canada for reasons other than work to support themselves.
Permanent Residence Applicants: Certain applicants may qualify for exemptions while in Canada.
Migrant Workers Experiencing Abuse: Providing protection for workers on employer-specific permits and their dependents who are at risk of abuse.

Step 2: Employer extends Temporary Job Offer

Once a positive or neutral LMIA is issued, the Canadian employer must supply the foreign worker with a copy of the LMIA approval letter, along with a comprehensive job offer letter. These documents are essential for the foreign worker to apply for a work permit.

Step 3: Foreign Worker applies for Work Permit

With the LMIA approval letter, the job offer letter (and the CAQ, if applicable), the foreign worker can submit an application for a Canadian temporary work permit to Immigration, Refugees and Citizenship Canada (IRCC). Depending on their country of citizenship, the foreign worker may also need to obtain a Temporary Residence Visa (TRV) to enter Canada. In such cases, the temporary work permit application must be submitted at a Canadian visa office abroad.

Step 4: Work Permit is issued

The Canadian temporary work permit is issued at the point of entry by a Canada Border Services Agency (CBSA) officer when the foreign worker arrives in Canada.

A temporary work permit can be granted for a duration ranging from just a few days to several years.

Most Canadian work permits are employer-specific, also known as “closed” work permits, and are assigned to a particular job in Canada. This means that a foreign worker is only allowed to work for the employer listed on the work permit. If the foreign worker wishes to change employers without having permanent resident status, they must apply for and obtain a new work permit before transitioning to a different job.

It’s important to note that a Canadian Temporary Work Permit is intended for foreign workers who plan to work in Canada for a limited time. For those wishing to live and work in Canada permanently, they must pursue the Canadian permanent residence process. However, holding a temporary work permit can serve as a pathway to permanent residency. Once in Canada on a temporary work permit, a foreign worker may qualify for Canadian permanent residence through the Canadian Experience Class (CEC), the Skilled Worker category, or one of the Provincial Nominee Programs.

Contact THE MILLENNIUM IMMIGRATION

Do you need assistance with obtaining a work permit? THE MILLENNIUM IMMIGRATION can help. With over 11 years of expertise, we assist workers and employers in securing Canadian work permits.

Please reach out to us to schedule a free telephone consultation with one of our lawyers.