Work Permits

A work permit is required in order for a foreign national to perform productive activities in Canada. For example, activities such as consulting, software engineering and human resources management typically require a work permit.

Most categories of work permits require a qualifying offer of employment from a Canadian employer. Open work permits are generally limited to spousal work permits, post graduation work permits and certain open work permits under international agreements Canada has signed with certain countries regarding youth (International Experience Canada).

Visa-exempt nationals can apply for work permits directly at the Canadian port of entry whereas visa-required nationals must always apply online to Immigration, Refugees and Citizenship Canada (IRCC).

Labour Market Impact Assessment (LMIA) based Work Permits

A Labour Market Impact Assessment (LMIA) is an opinion from Employment and Social Development Canada (ESDC) that there is a real need for an employer to hire a foreign worker in Canada.

A regular LMIA requires advertising the position according to very stringent criteria and proving that there is no Canadian permanent resident or citizen who is qualified to fill the advertised position.

A Global Talent Stream (GTS) LMIA is available for employers seeking to hire global talent for an in-demand occupation in Canada or are in a situation of scaling up. The advertising requirement is waived for a GTS LMIA application. It however requires the employer to submit a Labour Market Benefit Plan (LMBP) which sets out commitments the employer will make to the Canadian labour market.

In Quebec, the LMIA application process is completed by ESDC in parallel with an application for a Quebec Acceptance Certificate (CAQ) for a Worker which is processed by the Quebec Ministry of Immigration, Francisation and Integration (the MIFI). The Quebec Simplified Process LMIA application is available for listed in-demand occupations identified by the Government of Quebec which is beneficial, as the advertised requirement is waived.

LMIA-exempt Work Permits

Canada has numerous categories of LMIA-exempt Work Permits that are available to nationals of certain countries or according to specific eligibility criteria. Many of them are based on treaties that Canada has with other countries. Some of the most common include:

Intra-company
transferee Work Permits

Requires employees have at least one year in the past three years of specialized knowledge or senior managerial work experience with an affiliate, subsidiary or parent company of the Canadian entity offering the position.

CUSMA (formerly:
NAFTA) Work Permits

U.S. citizens and Mexican citizens in qualifying professions based on the treaty or as intra-company transferees.

CETA Work Permits

Citizens of participating European countries as independent professionals or specialized service providers.

Reciprocal Employment
Work Permits

Global companies who have assigned Canadians abroad and have an international mobility policy may be able to benefit from reciprocity to hire foreign nationals in Canada.

Significant Benefit to Canada Work Permits

A restrictive category limited to foreign nationals who can demonstrate they will bring significant economic, social or cultural benefits to Canada.

Emergency Repair or Repair for out-of-warranty Equipment Work Permits

A maximum 30-day Work Permit for workers needed to perform emergency repairs or repairs of out-of-warranty equipment in Canada.

Francophone Mobility

Requires a job offer outside of the Province of Quebec and meeting the established French language proficiency threshold.

Bridging open Work Permits

Individuals who have applied for permanent residence may apply for bridging open work permits according to certain eligibility criteria – this category is premised on submitting a complete permanent residence application.

CSQ holder Work Permits

For individuals selected by Quebec for permanent residence who hold a Certificate of Selection of Quebec.