A Guide to Work In Canada

Who is eligible for a open work permit?

• Spousal/Common-law Partner Open Work Permit: If you are married or in a common-law relationship with a Canadian citizen or someone who lives in Canada permanently, you can apply for a open work permit. This permit lets you work in Canada while your partner sponsors them for permanent residence.
• Post-Graduation Work Permit (PGWP): Students who finish their studies at a designated schools in Canada can get an open work permit called a PGWP. The duration of the work permit depends on how long your study program was.
• Dependent Children or family member: individuals who are already in the process of applying for permanent residence. If your current work permit is about to expire but you've applied to become a permanent resident, a BOWP allows you to keep working in Canada while you wait for your permanent residence application to be decided.
• Temporary Resident Permit (TRP) Holders: People who have a Temporary Resident Permit (TRP) because they were not allowed into Canada for medical reasons or due to a criminal record might get an Bridging Open Work Permit. This permit can help them earn a living while they are in Canada.
• The young workers that are participating in the IEC program.
• Refugee Claimants: A refugee, refugee claimant, protected person or their family member.
• Working Holiday Visa

The duration of an open work permit can vary. If your open work permit depends on your spouse's situation in Canada, it will last until your spouse's work or study permit expires. If you're waiting for your Permanent Residence application to be processed within Canada, you can get a bridging open work permit that lasts for 12 months. For spouses or common-law partners sponsored for permanent residency while already in Canada, the open work permit is usually valid for 2 years.

The LMIA (Labour Market Impact Assessment) application process can take several months. However, some categories qualify for a faster process:

• Occupations in high demand according to the region, such as skilled trades.
• Jobs that are in the top 10% of highest-paid positions.
• Positions for short-term work (120 days or less).

An approved LMIA-based work permit is tied to a specific employer. It lists the employer's name, where the job is, and what work you're allowed to do. If you have this type of work permit, you can't change your job, employer, or work location in Canada without getting a new LMIA and a new work permit. This kind of permit is often called a closed work permit. It's crucial to know and follow the conditions of your work permit.

Some jobs and workers from specific countries can get a work permit in Canada without needing an LMIA. Here are the types of LMIA-exempt work permits:

• International Agreements and Arrangements (NAFTA, CUSMA, FTA, CETA, Canada-Panam Free Trade, CPTPP, GATS AND Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland). You can find a list of Canadian Free Trade Agreements here.
• Intra-Company Transfer Canada (ICT Work Permit)
• Significant Benefit Exemption: If a foreign worker will bring an important social, cultural, or economic benefit to Canada.
• Reciprocal Employment Exemption for proffessions such as Fishing guides, United States Government Worker, Residential camp Counselors, Professors and visiting lecturers, People in the performing arts.
• International Experience Canada Program The following countries are currently participating under the International Experience Canada Program:
  • Australia
  • Austria
  • Belgium
  • Chile
  • Costa Rica
  • Croatia
  • The Czech Republic
  • Denmark
  • Estonia
  • France
• Refugee Claimants, Humanitarian Reasons and Vulnerable Workers
• Entrepreneurs looking to start a business in Canada

Before applying for an LMIA-exempt work permit, the Canadian employer needs to sign up for the IRCC Employer Portal and send in an electronic job offer. This offer should have the right LMIA exemption code that matches the worker's eligibility for exemption, along with information on why the worker qualifies for it. Once the job offer is in, IRCC provides a job offer number that must be included with the work permit application.