Categories: Immigration BlogUncategorized

Open vs. Closed Work Permits: Key Differences

An important aspect of working in Canada as a foreign national is understanding the difference between an open work permit and a closed work permit. The primary distinction between these two types of work permits is the degree of flexibility they offer in terms of employment.

An open work permit allows a foreign national to work for any employer, in any province or territory within Canada. It does not limit the holder to a specific job or position, making it an attractive option for individuals who wish to work for multiple employers or who may not have a specific job offer when they arrive in Canada. In addition, if the holder of an open work permit is sponsoring their spouse through the inland spousal sponsorship program, their spouse may apply for an open-spousal work permit, allowing them to work for any employer as well.

On the other hand, a closed work permit only permits the holder to work for the specific Canadian employer listed on the permit. During the validity period of the work permit, the individual must work for that employer and may not work for any other employer without first obtaining a new work permit or changing the existing one. This type of work permit is often issued when a foreign national has a specific job offer from a Canadian employer, and the employer has completed the necessary steps to obtain a Labour Market Impact Assessment (LMIA) and meet other requirements for hiring foreign workers.

It’s essential to note that both open and closed work permits may have additional requirements or restrictions that must be respected by the foreign national holding the permit. For example, some open work permits may only be issued to individuals with specific qualifications or under certain immigration programs. Similarly, closed work permits may have conditions attached to them, such as limits on the type of work that can be performed or the location of the employment.

Understanding the differences between open and closed work permits is critical when seeking employment in Canada as a foreign national. It’s essential to carefully consider which type of permit will best suit your needs and goals and to ensure that you meet all the requirements and restrictions associated with that permit.

Akrami & Associates can help you determine if you qualify for an open work permit, guide you through the application process, and ensure that all necessary documentation is submitted correctly and on time. Additionally, we can assist you in applying for a new work permit or changing the conditions of your current work permit to meet the requirements of a new job offer.

Do I qualify for a work permit in Canada?

To qualify for a work permit in Canada, there are specific requirements that you need to meet based on your location at the time of application. Regardless of where you apply or the type of work permit you are seeking, you must satisfy some of the following criteria:

Departure from Canada: You must provide evidence to an officer that you intend to leave Canada once your work permit expires.

Sufficient financial resources: You need to demonstrate that you have enough funds to support yourself and any accompanying family members during your stay in Canada and for your return journey.

Law-abiding record: You must have a clean criminal background with no record of criminal activity. In some cases, you may be required to submit a police clearance certificate.

Good health and medical examination: It may be necessary for you to undergo a medical examination to confirm your good health, if deemed necessary.

Employer eligibility: You must not have plans to work for an employer listed as “ineligible” on the list of employers who failed to comply with conditions.

Prohibited occupations: You should not have intentions to work for an employer engaged in activities such as striptease, erotic dance, escort services, or erotic massages on a regular basis.

Speak with Akrami and Associates now to learn more about the criteria for successfully completing your work permit process.

If you are unsure whether you meet the eligibility requirements for any of the programs, simply contact us today to speak with an immigration specialist. We will answer any questions you may have regarding the application process and guide you on how to move forward with your application.

Consequences of job loss for foreign workers on Closed Work Permits

If you hold a valid closed work permit and unexpectedly lose your job, you will no longer be able to continue working for your previous employer or start working for another employer. However, you are still legally allowed to stay in Canada without any employment as long as your permit remains valid.

To start working again, you have a few options. Firstly, you can apply to change the conditions of your current work permit to meet the requirements of a new job offer. You may also choose to apply for a new work permit that fits your qualifications. However, you must wait until you receive your new work permit with updated conditions before you can begin working for a new employer.

Alternatively, you can apply for an open work permit, which provides greater flexibility than a closed work permit. An open work permit is not tied to a single employer or occupation, allowing you to work for different employers, switch between occupations, or even move to different locations within Canada. You can apply for an open work permit whether you are inside or outside of Canada.

Furthermore, an open work permit does not require a job offer or a positive Labour Market Impact Assessment (LMIA) like a closed work permit does. This makes it an attractive option for many foreign nationals who wish to work in Canada. However, it’s essential to note that some open work permits may have additional requirements or restrictions that you need to comply with. Click here to talk to us and learn about these additional requirements.

If you have lost your job unexpectedly and hold a valid closed work permit, Akrami & Associates can help you explore your options for returning to work in Canada. Our experienced immigration consultants can assist you in applying for a new work permit that fits your qualifications or help you change the conditions of your current work permit to meet the requirements of a new job offer.

Staying in Canada after a canceled Work Permit

If you are a temporary worker with a valid work permit that has been canceled, you will not be required to leave Canada immediately or face deportation. Temporary workers holding employer-specific work permits (closed work permits) can legally remain in Canada until the expiration of their work permit status. However, during this period, they will not be permitted to work for any other employer in Canada.

If you are currently employed under a closed work permit in Canada and intend to start a new job, you will need to meet the eligibility criteria and apply for a new work permit of a different type or consider switching to an open work permit.

Alternatively, you may have the option to stay in Canada as a visitor or student, provided you meet the requirements for these visa categories and submit your application before the expiration of your canceled work permit.

It’s important to note that the specific eligibility criteria and application processes for different types of work permits, visitor visas, or student visas should be carefully reviewed and followed to ensure compliance with Canadian immigration regulations.

How can we help you

Akrami & Associates can assist you in determining if you are eligible for an open work permit and guide you through the application process. Our team of experienced immigration professionals can evaluate your specific circumstances and advise you on the best course of action to take. We can also help you prepare all necessary documentation and ensure that your application is submitted correctly and on time.

In addition to open work permits, we can also assist you with other types of work permits and visas, including closed work permits, LMIA-exempt work permits, and spousal work permits. Whether you are inside or outside of Canada, our team is dedicated to providing you with comprehensive and personalized immigration services to help you achieve your goals. Contact us today to learn more.