Working in Canada temporarily provides foreign nationals with a valuable opportunity to gain Canadian experience, increase their chances for permanent residence, and contribute to the Canadian economy. The process involves two major programs—the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP)—and clear responsibilities for both the worker and the Canadian employer.
Section I: Before You Apply – Understanding Your Permit Type
The first step for any prospective worker is determining the type of permit required. There are two main categories:
1. Employer-Specific Work Permit (Closed Permit)
This permit ties the foreign national to a specific employer, job, and location.
- LMIA Required (TFWP): For most jobs, the Canadian employer must first obtain a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). An LMIA confirms that the employer was unable to find a Canadian citizen or permanent resident to fill the job.
- LMIA Exempt (IMP): Certain situations allow for an LMIA exemption, primarily based on reciprocal agreements (like free trade deals), Canadian economic benefits, or humanitarian grounds. Examples include International Experience Canada (IEC) participants or Intra-Company Transferees.
2. Open Work Permit
This permit allows the holder to work for almost any employer in Canada (excluding those listed as non-compliant or offering certain services).
- No Job Offer Needed: Open Work Permits are issued based on the applicant’s status in Canada, not a specific job.
- Common Examples: Spouses or common-law partners of skilled Canadian workers or international students; and the Post-Graduation Work Permit (PGWP) for eligible graduates of Canadian Designated Learning Institutions (DLIs).
Section II: Applying for Your Work Authorization
The application process is managed by Immigration, Refugees and Citizenship Canada (IRCC).
- Find a Job: If applying for an employer-specific permit (LMIA required or exempt), the worker must first secure a job offer. Job Bank is the government’s official portal for finding Canadian jobs.
- The Application: Once the employer has completed their steps (getting the LMIA or submitting the Offer of Employment via the Employer Portal), the worker submits their application online or at a Visa Application Centre (VAC).
- Special Instructions: Many open work permits fall under specific streams with unique rules (e.g., Caregivers, Spouses, Agricultural Workers). Applicants must follow the detailed instructions for their specific category to ensure eligibility.
- Extending or Changing: Workers already in Canada must apply to extend or change the conditions of their work permit before their current permit expires to maintain their legal status.
Section III: Your Path to Permanent Residence (PR)
A temporary work permit often serves as a strategic stepping stone to permanent residency.
- Canadian Experience Class (CEC): Gaining at least one year of skilled work experience in Canada under a valid permit often makes the worker eligible for the CEC, a key program managed under the Express Entry system.
- Work While Waiting for PR: Individuals who have submitted an application for Permanent Residence may be eligible for a Bridging Open Work Permit (BOWP) to maintain their legal work status while their PR application is processed.
- Information Sessions: IRCC regularly hosts virtual sessions to inform temporary residents about the various pathways available to transition from a temporary worker to a permanent resident.
Section IV: After You Get Your Work Permit
Once the work permit is issued, there are immediate administrative steps and rights the worker must be aware of:
- Social Insurance Number (SIN): All workers need a SIN from Service Canada to work in Canada and file taxes. This must be obtained promptly after arrival.
- Restoring Status: If a worker’s permit expires before they apply for an extension, they may be able to apply to restore their temporary resident status, although this involves extra fees and strict deadlines.
- Reporting Abuse: Temporary foreign workers have the right to a safe work environment. They can confidentially report an abusive employer without fear of reprisal, penalties, or deportation.
- Travel: Workers leaving and re-entering Canada must ensure they have all necessary travel documents (valid passport, work permit, and a valid eTA or visa, if required) to avoid issues at the border.
Section V: Obligations for Canadian Employers
Canadian employers play a direct and critical role in the temporary work program, carrying specific legal and compliance obligations.
- The LMIA Requirement: Most employers must obtain a positive LMIA. This process involves recruiting Canadians first (often by advertising on Job Bank) and paying a processing fee of $1,000. LMIA processing times vary widely depending on the stream (e.g., Global Talent Stream offers faster processing).
- LMIA-Exempt Offers (IMP): If an LMIA is not required, the employer must instead submit an Offer of Employment through the IRCC Employer Portal and pay the Employer Compliance Fee (currently $230).
- Hiring PR Candidates: Employers can also look to hire permanent foreign workers (e.g., through Express Entry) or hire newcomers as interns.
Compliance: Employers must comply with all wage and working condition commitments listed on the LMIA or Offer of Employment. The government maintains a public List of Non-Compliant Employers; hiring a worker from this list is strictly prohibited.
