What is a Work Permit?
A Work Permit is a document which authorizes certain persons, who are not Canadian citizens or permanent residents, to work in Canada. A Work Permit will be issued with conditions and restrictions placed on the Work Permit holder.
The conditions and restrictions placed on it will be different for every person. A Work Permit specifies the type work that the worker is permitted to engage in, including:
- the occupation,
- the employer,
- the location of the work, and
- the times and periods of the work.
Additionally, if a Work Permit is issued to a temporary resident, it may also specify the period authorized for the worker’s temporary stay in Canada.
A Work Permit will also specify the type of work that the worker is prohibited from engaging in.
What are the different types of Work Permit categories?
Work Permits for temporary residents fall into three main categories:
- Persons whose work in Canada requires a Labour Market Impact Assessment (LMIA)
- Persons whose work in Canada is LMIA-exempt under the International Mobility Program (IMP)
- Persons whose work in Canada is LMIA-exempt under certain situations prescribed by regulation or public policy
It is recommended that you consult with a Canadian immigration consultant before you submit your application.
GS Immigration can conduct an assessment for you to help you determine whether you require a LMIA, are LMIA-exempt under the International Mobility Program (IMP) or are LMIA-exempt under certain other situations prescribed by regulation or public policy.
1. LMIA-based Work Permits
A LMIA is a prior approval issued by the Government of Canada to an employer permitting the employer to fill a position in Canada with a foreign worker on the basis that the admission of this foreign worker into Canada will likely result in neutral or positive labour market impacts.
A LMIA application is processed by Service Canada or Employment and Social Development Canada (ESDC).
2. IMP Work Permits
A LMIA-exempt Work Permit may be issued under the International Mobility Program (IMP) provided a person and their employer meets all of the eligibility criteria of the particular exemption category identified in their application.
Eligible categories under the International Mobility Program include persons authorized to apply for LMIA-exempt work permits as Professionals, Investors or Traders under Free Trade Agreements, as Intra-Company Transferees, as Skilled Workers or Entrepreneurs under Provincial Nominee Programs, as Entrepreneurs under the Startup Visa Program, as professional or semi-professional Coaches or Athletes employed by Canadian based teams, as Actors, Directors, Producers or other key personnel of a TV or Film production in Canada, as Artists, Musicians, Composers, Song-Writers, Buskers or Story-tellers who admission into Canada would create significant social or cultural benefits for Canada, as Station Managers of Airlines in Canada, employees of multinational corporations or multinational organizations who can demonstrate similar reciprocal opportunities available to Canadians abroad, or as Executives, Senior Managers, Professionals, Specialized highly-skilled workers or other business persons whose admission into Canada would likely create significant economic benefits for Canada or significant economic opportunities for Canadians.
This list of LMIA-exempt categories under the International Mobility Program is not intended to be exhaustive. Many other categories exist.
3. Other Work Permits
A LMIA-exempt Work Permit may also be issued under other circumstances prescribed by regulation or created through public policy.
This includes spouses or common-law partners of foreign skilled workers or international students in Canada, post-graduate work permit (PGWP) program eligible international student graduates, bridging open work permit (BOWP) program eligible applicants for permanent residency under certain economic class immigration programs such as Express Entry, certain provincial nominee programs and certain caregiver programs, humanitarian and compassionate grounds applicants, and more.
This list of LMIA-exempt categories under situations prescribed by regulation or public policy is not intended to be exhaustive. Many other categories exist.
Where do I apply for a Work Permit?
Applications for Canadian Work Permits must be made to the Government of Canada. They can be submitted before entering Canada, inside of Canada or at a port of entry into Canada. However, not every person can submit their application for a Work Permit to these places.
Most foreign nationals may apply for a Work Permit outside of Canada on-line through the website of Immigration, Refugees and Citizenship Canada (IRCC). They may also apply in person or by courier to a Visa Application Centre (VAC) located outside of Canada, if that service is available in their country.
In some cases, an application may be submitted by a person who is already inside of Canada to a Case Processing Centre office of IRCC in Canada. Applications must be submitted on-line through the website of IRCC, unless they are within one of the eligible exemption categories of persons who can choose to apply on-line or by paper courier.
Not everyone may submit their application to a Case Processing Centre office of IRCC in Canada. If you are a visitor to Canada, you may not normally apply for a work permit from inside of Canada. A person may be eligible to apply inside of Canada if they:
- hold a work permit;
- are working in Canada under an eligible work without a work permit exemption, excluding business visitors;
- hold a study permit;
- hold a temporary resident permit that is valid for at least six months;
- with some limitations, have been conferred refugee protection;
- are applying for humanitarian or compassionate grounds;
- are an eligible spouse or common-law partner of a person described above;
- are the spouse or common-law partner of a Canadian citizen or permanent resident who has applied for sponsorship inside of Canada;
- have made a refugee claim and cannot support themself without working;
- are subject to an unenforceable removal order and cannot support themself without working;
- applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit;
- are a citizen of Mexico in valid temporary resident status in Canada and are applying for any type of NAFTA Work Permit;
- are a citizen of the United States in valid temporary resident status in Canada and are applying for a NAFTA Professional Work Permit or a NAFTA Intra-company Transfer Work Permit; or
- hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.
How long does it take for an application to be approved?
Processing time for Work Permit applications vary by method of submission – on-line, by courier or in person – by country, and by Work Permit category. Estimated processing times for most categories of on-line or by courier applications are provided on-line by the Government of Canada.
These estimated processing times represent how long it has taken the Government of Canada 80% of applications submitted on-line or by courier. The information is sorted by type or class of application. However, it is important to note that estimated processing times do not necessarily tell you how long it will take for your application to be processed. Your application can take shorter or longer than the posted estimated processing time.
Some applications for Work Permits may be selected for priority, urgent or express processing. A processing officer has the discretion to select any application for priority, urgent or express processing. However, exercising this discretion using requires the applicant to provide some compelling reasons for faster than normal processing.
Other applications that may be selected for priority, urgent or express processing are those which meet the criteria for certain programs or initiatives. Persons who have submitted Work Permit applications on-line outside of Canada under the Global Skills Strategy may be eligible for 2-week priority processing.
Currently, the Government of Canada does not offer the option for applicants to purchase priority, urgent or express processing.