Work Permit (inside/outside)

Eligibility Requirements for all applicants

There are specific requirements you need to meet depending on where you are when you apply for your work permit.

But regardless of where you apply or which type of work permit you apply for, you must:

• prove to an officer that you will leave Canada when your work permit expires
• show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home
• obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate)
• not be a danger to Canada’s security
• be in good health and have a medical exam, if needed
• not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions
• not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and
• give the officer any other documents they ask for to prove you can enter the country

Eligibility Requirements if you apply from outside Canada

Anyone can apply before they enter Canada. However, there may be visa office requirements that you need to meet depending on what country or territory you’re applying from. Make sure you follow the instructions for how to apply. Find out if you can benefit from the Global Skills Strategy’s two-week application processing.

Eligibility Requirements if you apply from inside Canada

You can only apply for a work permit from inside Canada if:

• you have a valid study or work permit
• your spouse, common-law partner or parents have a valid study or work permit
• you’re eligible for a post-graduation work permit and your study permit is still valid
• you have a temporary resident permit that is valid for six months or more
• you’re waiting on a decision on an application for permanent residence from inside Canada
• you made a claim for refugee protection
• you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
• you’re allowed to work in Canada without a work permit but you need a work permit to work in a different job (this does not apply to business visitors), or
• you’re a trader, investor, intra-company transferee or professional under the Canada – United States – Mexico Agreement (CUSMA)

Each year hundred thousand of people from around the world come to work in Canada on Temporary Work Permits. Generally, a worker from the foreign country needs Canadian Work Permit to take a job in Canada. Canadian Work Permit is permission to work in Canada. This permission can be employer specific or open.

In most cases, employers are required to apply for a Labour Market Impact Assessment (LMIA) before hiring foreign workers. They have to apply to Employment and Social Development Canada (ESDC) to get LMIA. They can submit application for LMIA before identifying the Temporary Foreign Worker. The Canadian employer must prove to the ESDC that there is no Canadian or permanent resident worker is available to do the specified job thus necessitating hiring of a foreign worker to do that specific job. The application fee for LMIA requests is now $1000 per worker. Under the new LMIA system, classification of jobs has been simplified and jobs are divided into just two categories: high-wage and low-wage.

An application for LMIA from employer among other things requires the following information :

• Job title & description of job responsibilities, job requirements education, experience or any other specific skills
• Salary, benefits, hours of work, vacations
• Employer’s workplace information number of employees and number of foreign workers already employed
• Evidence of efforts made by the employers to hire Canadian citizens or permanent residents like posting in newspapers, electronic job boards etc.
• Employer should also provide the information:
  • how a foreign worker will transfer skills and knowledge to Canadians
  • how a foreign worker will create job opportunities for Canadians
• Whether hiring a foreign worker will affect labour dispute, if any

ESDC considers several factors while reviewing an application for LMIA from employer like:

• If employment of foreign worker is likely to result in direct job creation or job retention for Canadian citizens or permanent residents
• If it is likely to result in creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents
• If it will fill a labor shortage
• If wages offered are consistent with the prevailing wage rate for the occupation, and working conditions meet generally accepted Canadian standards
• If employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents

ESDC Decision-making process

The ESDC decision-making process depends on the circumstances.

For instance, in times of low unemployment and labour shortages, the extent to which an employer must advertise a position will be lower than for areas with high unemployment and labour surpluses.

In addition, depending on the position, the ESDC may insist on national advertising to attract Canadian candidates for senior level positions.

Moreover, the ESDC will also review the salary and working conditions to determine that they are consistent with the current labour market in the area.

The ESDC will also consider whether hiring a foreign worker will result in a skills transfer to Canadians, whether a union is present at the workplace (if the worker will join the union) and whether hiring a foreign worker will affect a labour dispute at a workplace

If the ESDC officer concludes that no Canadian is available for the advertised by the Canadian employer, the job offer will be validated by a confirmation letter

The confirmation is then signed by the employer and ESDC. This confirmation is then sent by ESDC to the appropriate Visa office where the foreign worker has applied (or will soon apply) for a work permit. A copy should also be included in the work permit application

The employer is notified that the confirmation has been sent to the Visa office

This completes ESDC’s involvement in the work permit process. The next step is for Citizenship and Immigration Canada to review and approve (or deny) the foreign worker’s work permit application in the applicable foreign visa office

On receipt of positive LMIA from ESDC by the employer, the Canadian employer will provide a temporary job offer to the foreign worker. This detailed job offer together with positive LMIA will be sent by Canadian Employer to foreign worker. Then the foreign worker will apply to Canadian Consulate in his country of residence or CBSA if the foreign worker applies for work permit at Port of Entry. A work permit granted for a specific job in Canada will be tied to that job and will be employer specific. In employer specific work permit, the foreign worker will only work for the specified employer. However, if such foreign worker finds different employment, he/she is required to get new work permit before performing another job in Canada

The main advantage of a Canadian Work Permit is that it gets you here fast. Once in Canada, you may bring your spouse and dependent children in Canada as they may be eligible for an open work permit