Working in Canada

Canada encourages and provides many avenues for individuals to support and provide for themselves and their families financially. You can only legally work in Canada while on a valid work permit. In order to provide reasonable support to individuals Canada has many different types of work permits to encourage financial stability. Depending on individual circumstances individuals may be able to qualify under one of the work permit categories.

This blog will provide an overview of all the different types of work permits classifying them into groups based on the categories and the sub-categories.

Canada has 3 main types of work permits

1. Open Work Permit – LMIA-exempt: this work permit allows the foreign national to work for any employer and does not require the employer to obtain a positive LMIA
   1. Unrestricted – allows the foreign national to work in any occupation and location
   2. Restricted – restricts the location and/or occupation of the foreign national
2. Closed Work Permit – Employer Specific – LMIA required: the employer must first obtain a positive LMIA in order to be able to hire the individual and the foreign national cannot work for any other employer except for the one listed on the work permit.
3. Closed Work Permit – Employer Specific – LMIA-exempt: the employer does not need to obtain a positive LMIA first but the foreign national cannot work for any other employer except for the one listed on the work permit.

Labour Market Impact Assessment  LMIA

This is a document that an employer in Canada may need to obtain before hiring a foreign national. This is done from the employer side. The purpose of this document is to confirm that there is no Canadian worker or Permanent resident available to do this specific job thus the employer needs to hire the foreign national to fill the position. The employer must show and prove that they conducted reasonable recruitment efforts for the position in Canada.

A positive LMIA confirms that there are no Canadian citizens or permanent residents qualified or available to fill the specific position. A negative LMIA means that there may be qualified individuals in Canada and/or the employer’s recruitment efforts were insufficient. The employer must submit this application and receive a positive LMIA before hiring a foreign national under certain work permits.

Open Work Permit – LMIA-Exempt

The above are just a few general categories of Open Work permits. Often times students and spouses of individuals on valid work permits or study permits are eligible to apply for an open work permit, but as noted in the chart above, there may be some restrictions.

Closed Work Permit – LMIA Required – Employer Specific

The main element of the Closed Work Permits that are employer specific and require an LMIA is that the work permit is tied to the specific employer and may have geographical restrictions. The foreign national cannot change employers because that would be in breach of the work permit conditions. If the individual changes employer then they would need to apply for a new work permit.

The Temporary Foreign Worker Program category under which these work permits fall allows Canadian employers to hire temporary foreign workers to fill shortages in Canadian labour force.

Closed Work Permit – LMIA Exempt

This work permit category allows employers to hire foreign workers without an LMIA if the job offer falls under one of the following categories:

• International Agreement – the job offered is covered under CUSMA, GATS, FTA etc.
• Federal- Provincial Agreements – this includes significant investment projects
• Canadian Interests –
• Significant Benefit – if the employer can prove that you will bring an important social, economic or cultural benefit to Canada. This includes Intra-company transferees with specialized knowledge or in managerial positions.
• Reciprocal employment – allows foreign workers to get jobs in Canada when Canadians have similar opportunities aboard in the country.
• Designated by Minister – allows academic, researchers in furtherance of competitiveness and public policy.

The onus is on the employer to prove that the work permit is LMIA exempt because it falls under one of the above listed categories.

Path to Permanent Residency

One of the greatest benefits of obtaining a work permit regardless of the category under which it falls is that it a pathway to obtaining permanent residency. Just like a work permit there are many different categories under which an individual may apply for permanent residency.

Work Permits how to proceed?

Considering a work permit and trying to make sense of all the possibilities can be a very daunting and intimidating task. Work permits are difficult applications; each type requires a very different approach, process and documents. It is crucial that you proceed with caution to ensure a positive outcome. At Akrami and Associates we are very well qualified and efficient in preparing strong work permit applications. We do all types of work permit applications and ensure the prospective employee; employer and any other parties involved are appropriately informed and provide all the necessary documents.

With Akrami & Associates there is always a way!!