
Work Visa
Canada welcomes 300,000 immigrants per year. With over 100 immigration pathways, Canada is a prime destination for many foreign nationals. The country boasts many employment opportunities both for individual and professional growth. It can also provide candidates the facility to become permanent residents or citizens of Canada.
In order to work in Canada, most jobs require an open work permit and a positive LMIA. Work permits are a combination of a visa and a permit.
Benefits of Working in Canada
Working in Canada has many benefits. Canadian labour and employment laws regulates the rights, restrictions, and obligations of all workers and employers in Canada.
Some benefits of working in Canada include, but are not limited to:
Canada has had the 10th largest economy since 2015 and has retained its position since then, making it one of the wealthiest nations.
Canada has publicly funded healthcare.
Employment benefits include paid holidays and paid leaves including maternity and paternity leaves, and
In 2019, Canada was ranked 9th overall out of 156 countries in the World Happiness Report.
In addition, having a valid work permit allows your spouse or common-law partner being sponsored through Inland Spousal or Common-Law Sponsorship to work in Canada as well. They will have to apply for their own open work permit but they will not need a job offer. Your children will also be able to study for free if they are 18 or 19 years old, depending on the province or territory.
LABOUR MARKET IMPACT ASSESSMENT (LMIA)
Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get to determine if they can hire a temporary foreign worker to fill labour or skills shortages on a temporary basis. If the employer needs an LMIA, they must apply for one; only then can the worker apply for work permit. A positive LMIA must be obtained to enable the employer to hire a foreign worker. A negative LMIA means that the position should be filled by a Canadian citizen or a permanent resident.
Hiring a Temporary Foreign Worker
Most employers need LMIA to hire a temporary foreign worker. The LMIA application process depends on what type of program you are hiring for and it also depends on the targeted employee. We can help you achieve a positive LMIA.
Once LMIA has been issued, employers should provide a copy of the confirmation letter to the foreign worker and tell them to apply for a work permit. LMIAs have a validity period. Job offers must still be submitted even if LMIAs are not mandatory. As well, some occupations that do not require LMIA may still require work permits. Extra steps are included in the process if the employer is hiring in Quebec.
OPEN WORK PERMIT
An open work permit authorizes a foreign worker to work in Canada without restrictions. Holders of open work permits do not have to work at a certain job – it allows you to change employers as long as the permit is valid. They also do not need an LMIA or confirmation of employment.
Spouses or common-law partners of Temporary Foreign Workers or International Students studying in Canada and spouses or common-law partners being sponsored for permanent residence through the Inland Spouse or Common-Law Sponsorship are also eligible to apply for an open work permit.
POST GRADUATE WORK PERMIT
The Post Graduate Work Permit allows international students who graduated from eligible Canadian designated learning institutions to acquire an open work permit upon graduation. This work permit authorizes graduates to remain in Canada letting them gain valuable Canadian work experience. This also allows graduates to advance their professional goals.
PGWPs do not require a job offer to apply. International students can only receive one PGWP from IRCC.
INTRA-COMPANY TRANSFEREE
An intra-company transferee is a person who is sent to work in Canada for the same company. The transferee must have worked as a senior manager, an executive or in a job that uses specialized knowledge. Intra-company transferees can obtain a work permit without an LMIA.
There are different application requirements depending on what level of position the transferee is taking:
Senior managers – primarily supervise or control the work of other managers or employees,
Executives – primarily directs the management of the company, and
Workers with specialized knowledge – can provide an advance level of expertise concerning a company’s products and services, or procedures.
Intra-company transferees can transition to Canadian permanent residence and eventually Canadian citizenship, if they wish to.
NAFTA WORK PERMIT
Certain countries have trade agreements with Canada. The North American Free Trade Agreement (NAFTA) is a trilateral trade agreement between Canada, the United States and Mexico. NAFTA allows the free movement of certain professionals between the three countries for the purposes of work. Work permits under NAFTA usually do not require LMIA.
To be eligible, the employee must be a citizen of the United States or Mexico and must be qualified to work in one of the approximately 60 targeted professions. Educational credentials and/or proof of relevant work experience may be required.
GLOBAL TALENT STREAM
The Global Talent Stream (GTS) is a program that provides Canadian employers a faster way to hire highly-skilled workers in specialized occupations from around the world when Canadian citizens or permanent residents are not available. This program was launched in partnership between IRCC and Employment and Social Development Canada (ESDC).
Many steps to the LMIA applications are removed when applying under GTS. This allows Canadian employers to be competitive in the global market by quickly bringing in highly-skilled workers to fill labour market needs.
The GTS is available through two categories of employers:
Category A: Designated Partner Referral – Canadian employers referred to the stream by one of GTS’ designated partners and will be using the stream to hire unique and specialized foreign workers in order to scale-up and grow.
Category B: In-Demand Occupation – Canadian employers that need to hire foreign workers for highly-skilled in-demand occupations founds on ESDC’s Global Talen Occupations List.
CAREGIVER PILOT PROGRAM
Canada values the duties of caregivers. As a caregiver, you have options to come to Canada to become a permanent resident or work temporarily.
You may be able to apply for permanent residence through the Home Child Care Provider Pilot or Home Support Worker Pilot if you have a job offer in one of them. Through these pilots, you can obtain an LMIA-exempt work permit and work temporarily, with the ability to apply for permanent residence after gaining enough work experience.
EMPLOYER-SPECIFIC WORK PERMIT
An employer-specific work permit allows foreign workers to work according to the conditions on their work permit. The foreign worker must only work for one employer, in one position, for a specified period of time. Although it limits the worker to one employer, it still provides an opportunity to come to Canada temporarily and to gain a Canadian work experience. LMIA is usually not required when applying for employer-specific work permit.
INTERNATIONAL EXPERIENCE CANADA (IEC)
The International Experience Canada (IEC) program allows applicants to travel, work, and live in Canada. Through IEC, you can obtain temporary work permit to either gain professional experience in Canada or to finance your travels. More than 35,000 participants from around the world use IEC to travel and work in Canada each year. Several countries allow their citizens to participate in the IEC initiative.
There are three major categories in the IEC initiative:
Working Holiday – The applicant can get an open work permit to fund their vacation with temporary work in Canada. The open work permit lets them work at most jobs though they might have to get medical exam first.
Young Professionals – The applicant can get an employer-specific work permit to gain work experience in Canada to contribute to their professional development. They must be able to submit a post-secondary diploma, certificate or degree along with their work permit application.
International Co-op (Internship) – The applicant, a student registered at a post-secondary institution, can get employer-specific work permit to get valuable work experience related to their field of study. They are eligible to apply if they need this work placement or internship to finish their studies.
WORK PERMIT EXTENSION
If you have a work permit that is about to expire or you need to make changes to it, you have to apply for work permit extension or change the conditions on it. You must apply for the extension or change in condition at least 30 days before your current work permit expires.
You can extend your work permit or change the conditions to it such as changing the type of work you can do, who you can work for and where you can work.
We suggest contacting one of our experienced immigration consultants when applying for work permit extension or changing the conditions of your work permit. Requirements for extensions and change in conditions depends on which work permit you currently hold.