Most foreign nationals need a work permit to work in Canada but there are certain exceptions to this rule. We will review your application and advise based on your eligibility.

WORK PERMITS

There are 2 types of work permits: Open Work Permits and Employer-specific Work Permits.

Open Work Permit

An open work permit allows you to work for any employer in Canada, except for anyone:

• who is listed as ineligible on the list of employers who have failed to comply with the conditions or
• who regularly offers striptease, erotic dance, escort services, or erotic massages.

You may be eligible for an open work permit if you:

• are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program?
• are a student who is no longer able to meet the costs of your studies (destitute student)
• have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada
• applied for permanent residence in Canada
• are a dependent family member of someone who applied for permanent residence
• are the spouse or common-law partner of a skilled worker or international student
• are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program
• are a refugee, refugee claimant, protected person or their family member
• are under an unenforceable removal order
• are a temporary resident permit holder
• are a young worker participating in special programs

In each of these situations, you must meet additional criteria to be eligible.

Post Graduate Work Permit

The Post-Graduation Work Permit is a one-time Permit for international students who graduate from certain Canadian post-secondary institutions.

You may be eligible for a post-graduation work permit (PGWP) if you graduated from a designated learning institution (DLI) and want to stay in Canada temporarily to work.

Not all DLIs make you eligible for a post-graduation work permit

Eligibility for PGWP

To be eligible, your study permit must have been valid within 180 days after your school issues your final marks.

You must also have completed a study program:

• at a designated learning institution
• that was at least 8 months long and
• that led to a degree, diploma, or certificate
• maintained full-time status as a student in Canada during each semester of your study program (except your final semester, which can be part-time, or if you took a leave from studies)

  Spousal Open Work Permit

• If your spouse or common-law partner is a temporary foreign worker or international student in Canada, or if you are undergoing the inland sponsorship process you may be eligible for a spousal open work permit. This type of permit is not employer-specific therefore a change of jobs does not affect this type of work valid if it is still valid.

Employer-specific work permit

An employer-specific work permit allows you to work according to the conditions on your work permit, which includes:

• the name of the employer you can work for
• how long you can work
• the location where you can work (if applicable)

Most employers need an LMIA before they can hire a temporary foreign worker.

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker is available to do the job. It is the employer who is responsible for the application of LMIA

Temporary Foreign Workers Program

The Temporary Foreign Worker Program (TFWP) allows Canadian employers to hire foreign nationals to fill temporary labour and skill shortages when qualified Canadian citizens or permanent residents are not available.

Depending on the nature of the activity in Canada and the country of origin, a work permit together with a temporary residence visa (TRV) or an electronic travel authorization (eTA) is usually necessary before the foreign worker is admitted to Canada.

LABOUR IMPACT ASSESSMENT (LMIA)

Canada’s LMIA process serves as proof that no Canadian citizen or permanent resident is ready, willing, and able to fill a specific position in Canada, and so the employer is allowed to hire a foreign worker. In order to obtain an LMIA, employers must advertise the position for at least four weeks and potentially interview candidates who are Canadian citizens or permanent residents.

The LMIA is typically issued for a specific period of time and any work permit issued must with that period.

Employers of temporary foreign workers must reapply every year for an LMIA

International Mobility Program (IMP)

The government of Canada launched the international Mobility Program (IMP) in 2014.

Under this program, foreign nationals require a work permit to work in Canada but are exempt from LMIA requirements.

The IMP includes all streams of work permits that are LMIA exempt including exceptions under NAFTA and other free trade agreements.

NAFTA Work Permits

The North American Free Trade Agreement (NAFTA) is an economic agreement between Canada, the United States, and Mexico that facilitates trade between the three countries. One of the ways this is facilitated is by allowing the transfer of skills and manpower easily among these countries. Business people covered by NAFTA are not required to obtain a labor market Impact Assessment (LMIA) and the following categories of foreign workers are covered: Business visitors, Professionals, Intra -Company transferees, traders and Investors. NAFTA work permits can be issued through the International Mobility Program to American citizens with an eligible job offer from a Canadian employer to come and work in Canada temporarily without needing a Labour Market Impact Assessment (LMIA).

Caregiver Class

This class provides applicants who have experience in taking care of children and adults with medical needs opportunities to be Canadian permanent residents. There are 2 pilot programs currently running under this class

1. Home Child Care Provider
2. Home Support Worker

The Home Child Care Provider Pilot and the Home Support Worker Pilot are 5-year pilot programs that let qualified caregivers and their family members come to Canada with the goal of becoming permanent residents.

If you have already been offered a job in Canada as a caregiver or have Canadian work experience as a caregiver, you may be able to apply for permanent residence through one of these pilots

The application process will be different depending on your situation and how much qualifying work experience you have. Please contact us for more details.

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