Work Permit

Canada offers more than 100 different work permit options to global talent and employers. Foreign workers tend to need Canadian work permits, but there are exceptions. Navigate the Table of Content below to find the information you need. If you do not see what you need, please contact us.

Types of Work Permit

There are two types of work permits in Canada:

  • Work permits that require a Labour Market Impact Assessment (LMIA)

  • Work permits that do not require an LMIA

The purpose of the LMIA is for employers to demonstrate to the Canadian government that the hiring of a foreign worker will not have a negative impact on Canada’s existing workforce. The federal department of Employment and Social Development Canada (ESDC) wants to ensure that the hiring of foreign workers will not displace existing workers in Canada nor place downward pressures on their wages.

Although the LMIA process is the rule, there are many different LMIA-exempt work permits, resulting from free trade agreements, such as the former North American Free Trade Agreement, now known as the Canada-United States-Mexico Agreement, or CUSMA. These free trade agreements enable foreign workers to apply for a work permit without their employer having to obtain an LMIA. In addition to these employer sponsored work permits, there are a number of work permit options available to foreign workers who do not yet have a job offer, including working holidays, post-graduate work permits, and open spousal work permits.

These are among the common scenarios under which one can work in Canada:

  • LMIA Required: These work permits require the employer to obtain a Labour Market Impact Assessment as part of the process.

  • LMIA Exempted: Certain circumstances allow for individuals to work in Canada without first obtaining a Labour Market Impact Assessment.

  • CUSMA: These are issued under the Canada-United-States-Mexico Agreement (formerly NAFTA), allowing work without an LMIA.

  • Intra-Company Transfers: These permits will allow a company to bring certain employees to Canada from its offices abroad without a LMIA.

  • Business Visitors: In many cases, business visitors may work in Canada without a work permit, so long as they meet certain conditions and don’t enter the Canadian labour market.

  • Post Graduate Work Permit: After graduating from a Designated Learning Institution, international students in Canada may work for up to three years.

Work Permits that Require LMIA

A Labour Market Impact Assessment (LMIA) is a document issued by Employment and Social Development Canada (ESDC) assessing the impact of hiring a foreign national in Canada. A positive LMIA indicates that there is no Canadian citizen or permanent resident to fill a position, therefore enabling an employer to hire a foreign national. A negative LMIA indicates that a position should be filled by a Canadian citizen or permanent resident.

LMIA Application

An employer may submit an application for an LMIA as early as 6-months prior to the intended start date for the position. LMIA application procedures vary depending on the wage of the person being hired. Employers should consult the median hourly wages of their province or territory in order to determine whether their position is considered high-wage or low-wage, as low-wage positions will require the employer to meet additional criteria. There are specialized streams for employers wishing to obtain LMIAs for certain areas of employment. These include:

  • Hiring In-Home Caregivers

  • Hiring Agricultural Workers

  • Hiring Foreign Academics

  • Hiring within the province of Quebec

LMIA Application Requirements

LMIA applications are submitted in hard copy, by mail, to the appropriate Service Canada Processing Centre. Applications must include evidence that the following criteria have been met:

  • Processing Fee: All applications for LMIAs include a $1000 CAD processing fee which will not be refunded even if the result is negative. Certain applicants under the LMIAs for in-home caregivers may be exempt from this fee.

  • Business Legitimacy Documents: Documents proving that the employer’s status as a legitimate Canadian business.

  • Transition Plan: Employers must submit a plan for how they intend to address the need to hire foreign nationals. Eventually, employers are expected to hire Canadian citizens and permanent residents rather than TFWs.

  • Recruitment Efforts: Employers must submit evidence that they made substantial efforts to recruit Canadian citizens and permanent residents to fill the position prior to hiring a TFW.

  • Wages: Applications must include information regarding the TFWs wages. This will differentiate the high-wage positions from low-wage positions and ensure that TFWs are paid the same amount for labour as their Canadian equals.

  • Workplace Safety: TFWs are entitled to the same standards of workplace health and safety as Canadians in the same position. For this reason, employers must provide evidence that TFWs will be covered by insurance which is at minimum equivalent to the health coverage offered by the province or territory where the business is located.

Low-Wage Workers

Employers submitting LMIA applications for low-wage positions, must also address the following three requirements:

  • Cap on TFWs: Canadian employers with more than 10 employees will be restricted to a maximum of 10% cap on low-wage workers.

  • Transportation: Employers must provide low-wage workers with adequate transportation to and from Canada. This transportation is provided at the employer’s expense.

  • Housing: Low-wage workers must be provided with adequate housing for the duration of their employment in Canada.

Advertising Requirements

Employers who wish to hire foreign workers in the following categories are subject to a variation in the advertising requirements for a Labour Market Impact Assessment.

See below for a list of employment situations for which the usual advertising requirement for a LMIA do not apply.

In certain situations, the variation(s) may only apply to a certain province or provinces.

  • Academics (University Professors)

  • Camp Counsellors

  • Certificate of Selection from Quebec

  • Collective Bargaining Agreement that Stipulates Internal Recruitment

  • Employer Associations

  • Entertainment Sector

  • Hiring by a Foreign Government

  • In-Home Caregiver

  • On-farm Primary Agriculture (Higher-skilled and Lower-skilled Occupations)

  • Owners/Operators

  • Religion Instructors

  • Seasonal Agricultural Workers

  • Specialized Service Technicians/Specialized Service Providers

  • Warranty Work

What Happens After LMIA is Approved

After an LMIA application has been processed, employers will be issued a decision. If the employer is issued a positive LMIA, they can proceed with hiring a foreign national. If a negative LMIA is issued then unfortunately the employer is not approved to hire a foreign national.

Positive LMIAs are valid for 6 months from the date of issue. After receiving a positive LMIA, the employer must notify the foreign national so that they can apply for their work permit or permanent residence. In certain conditions, employers may apply to have their LMIA application processed in 10 days. To qualify for expedited processing, an employer must be located outside of Quebec and meet one of the following requirements:

  • Highest wage positions: top 10% of wages earned by Canadians in the province/territory of the job

  • Skilled Trades: paid at least the median provincial/territorial wage for the position.

  • Short-Term positions: 120 days or less

  • Express Entry: the LMIA is to assist an Express Entry candidate

Median Hourly Wages by Province or Territory

If an employer is hiring a TFW to be paid at or above the median hourly wage for their province or territory then they must go through the high-wage workers stream for LMIAs. If an employer is hiring a TFW to be paid below the median hourly wage then they must go through the low-wage workers stream. For more information about median hourly wages by province or territory, see here.

Work Permits that DO NOT Require LMIA

​It should be noted that being exempt from obtaining a LMIA does not mean the individual is exempt from obtaining a work permit. All streams on the LMIA exemption list still require the individual to obtain a work permit to work in Canada legally.

International Mobility Program

A significant number of LMIA-exemptions are available through international agreements between Canada and other countries. Certain types of employees can transfer to Canada from other countries, and vice versa, if they are able to demonstrate this will have a positive impact. Canada has negotiated the following Free Trade Agreements, each encompassing a range of LMIA-exemptions:

  • North American Free Trade Agreement (NAFTA)

  • Canada-Chile FTA / Canada-Peru FTA / Canada-Colombia FTA / Canada-Korea FTA

  • Canada-European Union Comprehensive Economic and Trade Agreement (CETA)

  • General Agreement on Trade in Services (GATS)

Significant Benefit

Apart from the situations outlined below in this section, Canadian visa officers have a degree of flexibility in assessing whether the issuance of a work permit to a foreign national is desirable without the need for a LMIA to be secured. This is known as significant social or cultural benefit.

The foreign national’s proposed benefit to Canada through his or her work must be significant, meaning it must be important or notable. Officers typically rely on the testimony of credible, trustworthy, and distinguished experts in the foreign national’s field, as well as any objective evidence provided. The foreign national’s past record is a good indicator of his or her level of achievement.

Objective measures for “significant social or cultural benefit”:

  • an official academic record showing that the foreign national has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of their ability;

  • evidence from current or former employers showing that the foreign national has significant full time experience in the occupation for which he or she is sought (significant in this context can be taken to mean ten or more years experience);

  • has been the recipient of national or international awards or patent;

  • evidence of membership in organizations requiring excellence of its members;

  • having been the judge of the work of others;

  • evidence of recognition for achievements and significant contributions to the field by peers, governmental organizations, or professional or business associations;

  • evidence of scientific or scholarly contributions to the field by the foreign national;

  • publications authored by the foreign national in academic or industry publications; and/or

  • leading role of the foreign national in an organization with a distinguished reputation.

Entrepreneurs/Self-Employed Persons

A LMIA exemption may be granted to private entrepreneurs who wish to come to Canada temporarily in order to start or operate a business. Applicants to one of these programs must be the sole or majority owners of the business they wish to pursue in Canada. They will also have to demonstrate that their business will be of significant benefit to Canada. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature. This category is particularly well suited to owners of seasonal businesses. Entrepreneurs who have already applied for Canadian permanent residence may also qualify for LMIA-exempt work permits in this category. Entrepreneurs are only eligible for LMIA-exempt work permits if they can demonstrate that their work in Canada is temporary in nature.

Intra-Company Transferees

Intra-Company Transferees may be granted a LMIA exemption for a temporary transfer to Canada. Transferees must be considered executives, managers, or specialized knowledge workers, and must work for a foreign company with a qualifying relationship to the company in Canada.

Dependents Of Foreign Workers

Spouses and children of Foreign Workers holding a Canadian work permit for a skilled position do not require a LMIA. Please note that this does not apply to the spouses of workers on an International Exchange Program.

French-Speaking Skilled Workers

Foreign nationals who have been recruited through a francophone immigration promotional event coordinated between the federal government and Francophone minority communities, and who are destined for a province or territory outside of Quebec and qualified under a National Occupational Classification (NOC) 0, A or B, may be eligible to work in Canada through Mobilité Francophone.

Academics

This includes researchers, guest lecturers, and visiting professors.

Provincial LMIA Exemptions

Workers nominated by a province for permanent residence and who have obtained a job offer in that province may be exempt from the need for a LMIA.

Reciprocal Employment

Reciprocal employment agreements allow foreign workers to take up employment in Canada when Canadians have similar reciprocal work opportunities abroad.

International Agreements

Canada is a party to a number of international agreements that facilitate the entry of foreign workers. Admission of foreign workers under these agreements is considered of significant benefit to Canada and, as such, does not require a LMIA. The North American Free Trade Agreement (NAFTA) is an example of this case.

International Exchange Programs

Canada is a participant in a number of programs for international youth exchange. Such programs include the International Experience Canada (IEC) Working Holiday Visa, Student Co-op programs, Young Professionals programs, and teacher exchange programs. These programs are exempt from the need for a LMIA.

Charitable and Religious Work

In the Canadian context, charity is defined as the relief of poverty, advancement of education or certain other purposes that benefit the community. As such, certain charitable workers do not require a LMIA in order to enter the Canadian labour market temporarily.Being registered with the Canada Revenue Agency (CRA) as a chairty is a strong indicator that an organization is indeed charitable in nature. However, foreign workers may be able to work in Canada for an organization under this LMIA-exempt provision that is not registered with the CRA; the visa officer may request additional information from the employer in such an instance.

Religious Workers

Religious work normally entails a requirement for the foreign national to be part of, or share, the beliefs of the particular religious community where he or she intends to work, or to have the ability to teach or share other religious beliefs, as required by the employer. For this LMIA-exempt category, the primary duties of the foreign national should reflect a particular religious objective, for example the provision of religious instruction or promotion of a particular religion or faith.The work should involve advancing the spiritual teachings of a religious faith, as well as maintaining the doctrines and spiritual observances on which those teachings are based.

Additional LMIA-Exemptions

While the majority of LMIA-exemptions are granted due to either international agreements or Canadian interest, there are a number of LMIA-exemptions outside of these categories. In some cases, LMIA-exemptions are granted for humanitarian and compassionate reasons. As well, certain candidates for Canadian permanent residency may be eligible to apply for LMIA-exempt work permits.

What are my options for work permit?

The application procedure varies depending on where you are residing and the type of work permit you need. Contact us to find out the best, fastest way to apply for a work permit.