Work Permit to Canada
TABLE OF CONTENTS
LMIA
Under the Temporary Foreign Worker (TFW) Program, most foreign nationals require an LMIA to work in Canada. Labour Market Impact Assessment (LMIA) is a
document that assesses the need and impact of hiring a foreign national. The objective is to evaluate whether enough efforts have been made to find a suitable
worker within Canada or else there is no Canadian citizen or permanent resident to fill this job.
Employment and Social Development Canada (ESDC) decides on the issuance of LMIA. ESDC evaluates LMIA application basis the below-mentioned factors
- Impact of hiring foreign nationals on the Canadian labour market
- Is there availability of a permanent resident or citizen to fill this position
- The hiring of the foreign worker is in the interest of the employer and the Canadian economy
- The salary, working conditions, and perks offered by the employer are in line with the federal and provincial norms
- The foreign worker has the right skill sets required for the job
What are the various streams of the Temporary Foreign Worker (TFW) Program?
There are 4 streams under which the Temporary Foreign Worker Program operates:
- High-wage workers
- Low-wage workers
- Seasonal Agricultural Worker Program (SAWP)
- Agricultural Stream
High Wage Workers: This program is defined by the wage offered to the temporary foreign worker. While applying for LMIA under this, an employer must meet the below conditions:
- Must offer wage equal to or above the median hourly wage of the province/ territory as determined by Statistics Canada
- Must submit a transition plan along with LMIA application to show plans to reduce reliance on foreign workers overtime
Low Wage Workers: Employers hiring temporary foreign on a wage lower than the median hourly age of the province/territory must apply under the Low wage
worker stream. The employer does not need to submit a transition plan with their LMIA application but would have to meet the following
requirements:
- There is a capping on the number of temporary foreign workers that an employer can hire under low wage worker program
- The employer must provide an employer-employee contract
- Employer, at its own expense, has to provide for round trip transportation to the temporary foreign worker
- Employers must provide adequate housing for the duration of employment in Canada
- Provide adequate health insurance till the time worker is eligible for health coverage in the province
- The worker must be registered with the workplace safety board of the province/territory
Seasonal Agricultural Worker Program (SAWP)
The Seasonal Agricultural Worker Program (SAWP) allows employers to recruit foreign workers to fill temporary vacancies in their agriculture production. The maximum duration of the work permit is 8 months at a time.
Employers must fulfill the below conditions to hire employees under this program:
The Seasonal Agricultural Worker Program (SAWP) allows employers to recruit foreign workers to fill temporary vacancies in their agriculture production. The maximum duration of the work permit is 8 months at a time.
Employers must fulfill the below conditions to hire employees under this program:
- The worker must meet the work laws in their home country as well
- The worker hired must be a citizen of Mexico or the participating Caribbean
- The activity must be on-farm primary agriculture
- Farm production must be in specified commodities only
How To Apply For LMIA under the Temporary Foreign Worker Program Permit To Canada?
The 5 step process to obtain LMIA under the Temporary Foreign Worker Program (TFW):
01
Employer
Submits the LMIA request
to ESDC along with
required documents
02
ESDC
Evaluates the application
in interest of the Canadian
labour market
03
ESDC
If LMIA is approved,
ESDC provides approved LMIA to
Employer
04
Employer
Employer shares the copy
of LMIA with
the worker for further processing
05
Worker
Worker applies to IRCC for
Work permit with all other documentation
The Global Talent Stream (GTS)
The Global Talent Stream (GTS) is a part of the Temporary Foreign Worker Program and is a joint program run in partnership between the IRCC (
Immigration, Refugees and Citizenship Canada) and ESDC (Employment and Social Development Canada). The objective of Global Talent Stream is to fast-track the hiring of highly skilled foreign nationals from across the world. It is one of the fundamental programs of Global Skill Strategy of
Canada. The first step is to get a positive Labour Market Impact Assessment (LMIA) and then apply for the work permit. This stream processes work
permits and related temporary resident visas in around two weeks. There are two programs offered under the Global Talent Stream:
- Category A: Under category A, one of the Stream’s designated partners must refer a company looking to hire a unique and specialized talent to scale up and grow the company.
Province | Designated Partner |
|---|---|
Pan-Canadian | Business Development Bank of Canada |
Pan-Canadian | Council of Canadian Innovators |
Pan-Canadian | Global Affairs Canada’s Trade Commissioner Service |
Pan-Canadian | Innovation, Science and Economic Development Canada - Accelerated Growth Service |
Pan-Canadian | Invest in Canada |
Pan-Canadian | National Research Council - Industrial Research Assistance Program (NRC-IRAP) |
Pan-Canadian | Privy Council Office, Special Projects Team |
Pan-Canadian | TECHNATION |
Alberta | Calgary Economic Development |
Alberta | Edmonton Metropolitan Region Economic Development Company |
Alberta | Government of Alberta, Alberta Labour and Immigration |
British Columbia | Accelerate Okanagan |
British Columbia | BC Tech Association |
British Columbia | Government of British Columbia, Ministry Municipal Affairs |
British Columbia | Kootenay Association for Science & Technology |
British Columbia | Launch Academy |
British Columbia | Vancouver Economic Commission |
British Columbia | Venture Kamloops |
Manitoba | Economic Development Winnipeg |
Manitoba | Government of Manitoba, Manitoba Education and Training |
Manitoba | Tech Manitoba |
New Brunswick | Ignite Fredericton |
New Brunswick | Venn Innovation |
New Brunswick | Government of New Brunswick – Department of Post-Secondary Education, Training and Labour |
Newfoundland and Labrador | Genesis |
Nova Scotia | Cape Breton Partnership |
Nova Scotia | Government of Nova Scotia, Nova Scotia Business Inc. |
Nova Scotia | Halifax Partnership |
Ontario | Burlington Economic Development Corporation |
Ontario | Invest Brampton |
Ontario | Invest in Hamilton |
Ontario | City of Mississauga |
Ontario | Communitech Corporation |
Ontario | Federal Economic Development Agency for Southern Ontario |
Ontario | Government of Ontario, Labour, Training and Skills Development – Ontario Immigrant Nominee Program |
Ontario | Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Investment Office |
Ontario | Invest Ottawa |
Ontario | Kingston Economic Development Corporation |
Ontario | London Economic Development Corporation |
Ontario | MaRS Discovery District |
Ontario | Regional Municipality of Niagara |
Ontario | York Region |
Ontario | Sarnia-Lambton Economic Partnership |
Ontario | Toronto Global |
Ontario | Town of Oakville |
Ontario | Waterloo Region Economic Development Corporation |
Ontario | Invest Windsor Essex |
Ontario | Government of Prince Edward Island, Island Investment Development Inc. |
Ontario | Government of Saskatchewan, Ministry of Immigration and Career Training |
Ontario | Atlantic Canada Opportunities Agency (multiple locations across the region) |
- Category B: This category of the Global Talent Stream caters to employers looking to hire highly-skilled foreign nationals for occupations listed in the Global Talent Occupation List.
|
NOC code |
Occupation |
|---|---|
|
213 |
Computer and information systems managers |
|
2147 |
Computer engineers (except software engineers and designers) |
|
Sub-set of 2161 |
Mathematicians and statisticians
Positions for actuaries or related occupations are excluded from this subset. |
|
2171 |
Information systems analysts and consultants |
|
2172 |
Database analysts and data administrators |
|
2173 |
Software engineers and designers |
|
2174 |
Computer programmers and interactive media developers |
|
2175 |
Web designers and developers |
|
2281 |
Computer network technicians |
|
2283 |
Information systems testing technicians |
|
Sub-set of 5131 |
Producer, technical, creative and artistic director and project manager – Visual effects and video game |
|
2283 |
Digital media designers |
Work Permit Exemptions:
Additionally, under the Global Talent Stream, workers fulfilling one of the below-mentioned criteria are exempt from obtaining a work permit.
- Highly-skilled workers in NOC: skill type 0 or skill level may come to Canada to work for 15 days in 6 months, 30 days in 12 months
- Researchers working on a research project at an affiliated research institution or publicly-funded institution may come to work in Canada for 120 days in 12 months.
Post-Graduation Work Permit (PGWP) program
Almost anyone who wishes to work in Canada requires a Canada work visa. There are two types of work permits available for immigrants, ie. Open-work permits and Employer-specific work permits. Let’s know about these two work permits in detail:
What are the PGWP’s Eligibility Requirements?
To be eligible for a PGWP ( Post-Graduation Work Permit), you must have:
- Completed your education in a Designated Learning Institute (DLI)
- The duration of the study program should be at least 8 months.
- The program must lead to completing a degree, diploma, or certificate.
- Held full-time status in Canada during every term of the program
- Received an official letter or a transcript from the designated DLI that confirms you have met all the requirements for completion of the program
- Apply within 180 days of receiving the transcript or official letter of program completion
How Long is the validity of PGWP?
The validity of this work permit depends on the length of the Canadian educational program. The maximum validity of the PGWP ranges from 8 months to three years.
Program Duration | Duration of PGWP |
|---|---|
| Under 8 months | Not eligible |
8 months to less than 2 years | PGWP Validity= Length of the program |
2 years of more | 3 years |
More than 1 program | Each program to be at a DLI and > 8 months duration. PGWP validity basis the combined duration of both |
What is the PGWP’s Application Deadline?
The deadline to apply for the Post-Graduation Work Permit is within 180 days (six months) of obtaining a transcript and an
official letter from the eligible DLI confirming that the requirements to complete the program of study are met.
Spouse Open Work Permit (SOWP)
A SOWP or the Spouse Open work permit allows the spouse of a Canadian temporary permit holder to work for any employer in Canada.
Without valid authorization and a requisite work permit, foreign nationals cannot work in Canada. If you have applied to sponsor your spouse in Canada through
Inland Sponsorship Program or are currently working or studying in Canada, your spouse will be eligible for an open work permit. Once the work permit is issued,
your spouse will be authorized to work anywhere in Canada and for multiple employers. Your spouse’s open work permit is generally equal to the validity of your
work or study permit or the validity of your spouse’s passport.
Who can apply for a spouse open work permit?
If you hold a valid work permit or study permit in Canada, your spouse can apply for a SOWP (Spouse Open Work Permit). If you have applied for sponsoring your
spouse to Canada, your spouse is eligible for this work permit. The eligibility requirement is dependent on your status in Canada, as below:
|
Category |
Occupation Skill of
Principal Applicant |
Minimum length of Principal
Applicants Work Permit |
|---|---|---|
|
Spouses or common-law partners of study permit
holders |
Any |
No Minimum Length Required |
|
Spousal/common-law sponsorship : In Canada
Class applicants |
Any |
No Minimum Length Required |
|
Spouses or common-law partners of bridging open
work permit (BOWP) holders |
Federal skilled worker (FSWC): 0, A, or B
Provincial Nominee : Any skill
Federal skilled trades class (FSTC): B
Canadian experience class (CEC) : 0, A, or B
Caregiver : 0, A, or B
Agri Food Pilot: 0, A, or B |
6 months |
|
Spouses or common-law partners of Atlantic
Immigration Program (AIP) work permit holders |
0, A, or B or C |
6 months |
|
Spouses or common-law partners of Quebec
selection certificate (CSQ) holders |
Any occupational skill level |
6 months |
|
Spouses or common-law partners of provincial
nominees (other thann Quebec) |
Any occupational skill level |
6 months |
|
Spouses or common-law partners of open work
permit holders other than BOWP (Like PGWP or
Working Holiday) |
0, A, or B |
No Minimum Length Required |
The Bridging Open Work Permit (BOWP)
The Bridging Open Work Permit (BOWP) offers foreign nationals who are currently working in Canada on an authorized work permit to extend their status while
their permanent residency application is in process. In addition, the BOWP allows the applicant to work for any employer across Canada without the need for a
Labour Market Impact Assessment (LMIA).
Who is eligible for a Bridging Open Work Permit (BOWP)?
To be eligible for a Bridging Open Work Permit (BOWP), a foreign national must fulfill the following conditions:
- Currently in Canada with valid temporary resident status
- hold a valid temporary resident status with an authorized work permit
- are on a maintained status in Canada and have applied to renew the work permit
- eligible to restore the temporary resident status with authorization to work in Canada
- Has applied as a principal applicant in one of the below Canada’s permanent resident classes
- Federal Skilled Worker Program (FSWP)
- Canadian Experience Class (CEC)
- Federal Skilled Trades (FST)
- Caregiver Class
- Provincial Nominee Program (PNP)
- Agri-Food Pilot (AFP)
- Quebec Skilled Worker Class (QSWC)
- Have cleared one of the Application for Permanent Resident (APR) stages:
- passed the section R10 completeness check for a QSWC application or Express Entry application or
- received positive assessment on an application in:
- non-Express Entry PNP stream
- Caring for Children Class,
- Caring for People with High Medical Needs Class, Agri-Food Pilot,
International Experience Canada (IEC) Program
International Experience Class (IEC ) gives youth between 18-35 years of age who are Citizens of a specific partner country or those who apply through a recognized
organization (RO) to be eligible for the work permit. The Work permit issued under this category is exempt from the Labour Market Impact Assessment (LMIA). A quota is
associated with each program and country; IRCC selects eligible applicants through a random draw process.
|
Country |
International Co-op |
Working Holiday |
Young Professionals |
|---|---|---|---|
|
Andorra |
N/A |
12 months |
N/A |
|
Australia |
12 months |
24 months |
24 months |
|
Austria |
6 months (in specfied industries only) |
12 months |
12 months |
|
Belgium |
N/A |
12 months |
N/A |
|
Chile |
12 months |
12 months |
12 months |
|
Costa Rica |
12 months |
12 months |
12 months |
|
Croatia |
12 months |
12 months |
12 months |
|
Czech Republic |
12 months |
12 months |
12 months |
|
Denmark |
N/A |
12 months |
N/A |
|
Estonia |
12 months |
12 months |
12 months |
|
France* |
12 months |
24 months |
24 months |
|
Germany |
12 months |
12 months |
12 months |
|
Greece |
12 months |
12 months |
12 months |
|
Hong Kong |
N/A |
12 months |
N/A |
|
Ireland |
12 months |
24 months |
24 months |
|
Italy |
12 months |
12 months |
12 months |
|
Japan |
N/A |
12 months |
N/A |
|
Latvia |
12 months |
12 months |
12 months |
|
Lithuania |
12 months |
12 months |
12 months |
|
Luxembourg |
12 months |
12 months |
12 months |
|
Mexico |
12 months |
12 months |
12 months |
|
Netherlands |
N/A |
12 months |
12 months |
|
New Zealand |
N/A |
23 months |
N/A |
|
Norway |
12 months |
12 months |
12 months |
|
Poland |
N/A |
12 months |
12 months |
|
Portugal |
24 months |
24 months |
24 months |
|
San Marino |
N/A |
12 months |
N/A |
|
Slovakia |
12 months |
12 months |
12 months |
|
South Korea |
N/A |
12 months |
N/A |
|
Spain |
12 months |
12 months |
12 months |
|
Sweden |
12 months |
12 months |
12 months |
|
Switzerland |
12 months |
N/A |
18 months |
|
Taiwan |
12 months |
12 months |
12 months |
|
Ukraine |
12 months |
12 months |
12 months |
|
United Kingdom |
N/A |
24 months |
N/A |
|
Recognized Organization |
Program |
Work Permit Type |
Countries |
Age Group |
|---|---|---|---|---|
|
AIESEC Canada |
Young Professionals |
Employer Specific |
IEC countries/territories, Brazil, India |
18-30 years |
|
GO International |
Workin Holiday |
Open Work Permit |
IEC countries/territories, the United States |
18- 35 years |
|
IAESTE |
Young Professionals |
Employer Specific |
IEC countries and other IAESTE country partners |
18- 35 years |
|
International Co-op (Internship) |
Employer Specific |
IEC countries and other IAESTE country partners |
18- 35 years |
|
|
A-Way to Work/International Rural Exchange Canada Inc |
Young Professionals |
Employer Specific |
IEC countries/territories only |
18- 35 years |
|
Workin Holiday |
Open Work Permit |
IEC countries/territories only |
18- 35 years |
|
|
Memorial University |
Workin Holiday |
Open Work Permit |
IEC countries/territories only |
18- 35 years |
|
International Co-op (Internship) |
Employer Specific |
IEC countries/territories only |
18- 35 years |
|
|
SWAP Working Holidays |
Young Professionals |
Employer Specific |
IEC countries/territories, the United States |
18- 35 years |
|
Workin Holiday |
Open Work Permit |
IEC countries/territories, the United States |
18- 35 years |
There are 3 different categories under the International Experience Canada (IEC) program:
- Working Holiday
- Young Professionals
- International Co-op (Internship)
01
WORKING
HOLIDAY
HOLIDAY
- Do not have a Canadian job offer
- Want to work in more than 1 location
- Want to work for more than one employer
- Want to earn while travelling
02
YOUNG
PROFESSIONALS
PROFESSIONALS
- Have a valid Canadian job offer
- Will work for the same employer and at the same location
- Work will be paid and not self employed
03
INTERNATIONAL CO-OP
- Are a student registered at a post-secondary
institution & your internship is part of your study - Have a valid job offer
- Will work for same employer at the same location
What are the eligibility requirements for the International Experience Class (IEC) Program?
To be eligible for this program, you must
- be a citizen of one of the partner countries or a resident of countries that have a bilateral Youth Mobility Arrangement with Canada; or applied through one of the recognized organizations (RO)
- between 18-35 years of age (age limit is country-specific)
- have the equivalent of $25000 CAN cover initial expenses on landing in Canada
- have health insurance for your stay in Canada
- have a round trip ticket or sufficient funds to purchase a ticket at the end of your work permit validity
- not bring dependent with you
International Mobility Program (IMP)
The International Mobility Program (IMP) is a fast-track process allowing Canadian employers to employ foreign nationals without an
LMIA (Labour Market Impact Assessment). The job must be of economic or cultural interest to Canada. This process is faster and more
straightforward than the regular Temporary Foreign worker, which requires LMIA.
The key features of this program are:
- Does NOT require Labour Market Impact Assessment (LMIA)
- The objective is to enhance Canada’s economic, cultural and social interests
- Primarily driven by bilateral or multilateral Free Trade Agreements (FTA) with other countries
- Work permits are employer-specific or open work permits.
International Trade Agreements: Canada offers work permits to eligible foreign nationals under the following trade agreements.
Those applying under this category do not require an LMIA.
- CUSMA: Canada-United States-Mexico (earlier known as NAFTA)
- Canada-Chile FTA
- Canada-Colombia FTA
- Canada-Korea FTA
- Canada–Panama Free Trade Agreement
- Canada-Peru FTA
- CETA: Comprehensive Economic and Trade Agreement
- CPTPP: Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- GATS: General Agreement on Trade in Services
Significant benefit exemption: Under this, IRCC assesses the past track record of the foreign nations and recommendations of experts in the foreign national’s field to determine the exemption. The applicant must demonstrate that this exemption will be in the best interest of Canada and will be of significant social or cultural benefit to Canada.
Intra-Company Transferees
International business with a branch, subsidiary, affiliate, or parent company can transfer their key employees to Canada through the Intra-Company Transferee. Work permit issued in this is also Labour Market Impact Assessment (LMIA) exempt, i.e., you do not need Lumia for this category. The business should be operational and not merely physically present. The levels that qualify under this program are:
- Executive level
- Senior Managers
- Functional Managers
Frequently Asked Questions
What is the validity of LMIA?
The LMIA is valid for a period of six months, within which the foreign worker has to apply to IRCC for a work permit. After that, the validity of LMIA is not extendable.
Is it mandatory to get LMIA for a work permit?
LMIA is mandatory under the Temporary Foreign Worker Program (TFW). However, some select occupations or designations come under LMIA exemption. Further, some
programs do not require an LMIA, like International Mobility Programs, PGWP, and SOWP International Experience Class. Get in touch with us to know more about the LMIA
exemption for the job you are considering.
How does a worker apply for LMIA?
The employer raises the LMIA, and it is the employer's responsibility to fulfill all the conditions before applying for LMIA to ESDC. The worker applies for a work permit once the
employer provides the approved copy of an LMIA