Work Permits

With a few exceptions, a foreign national who is not a permanent resident needs a work permit to work in Canada. Factors such as citizenship, activities and duration of stay determine whether a foreign worker requires a work permit.

Canadian immigration regulations define “work” as an activity for which wages or commission is paid, or an activity that takes away from Canadian citizens or permanent residents the opportunity to access employment or gain experience in the labour market. Even free work that entails such an impact will require work permit.

There are two main categories of work permits:

Temporary Foreign Worker Program (TFWP)

A work permit under this program requires a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC). The LMIA is an assessment process to determine whether a foreign national is depriving a Canadian or permanent resident, who is willing and able to do the work, from the job opportunity. 

International Mobility Program (IMP)

This program offers one of the fastest ways to obtain a work permit without an LMIA, which saves processing time ranging from weeks to months. The employer, however, needs to submit a job offer through the Employer Portal. The IMP is primarily administered by Immigration, Refugees and Citizenship Canada (IRCC). This umbrella program covers 6 types of IMP streams:

Intra-Company Transfer Program

The intra-company category allows a multinational company with location in Canada to transfer their high-skilled foreign national employees, executives or managers from overseas to Canada. There are eligibility requirements both for the company and the employee in order to qualify for an LMIA-exemption.

International Free Trade Agreements

Canada has signed 14 bilateral and multilateral Free Trade Agreements (FTAs) with over 51 countries around the world. More agreements are being negotiated. Most of these international agreements  contain reciprocal provisions to grant  temporary entry into Canada, generally, for four types of business persons: intra-company transferees, professionals, business visitors as well as traders and investors. Some of these FTAs include the Canada-United States-Mexico (CUSMA) - the largest FTA, the Comprehensive Economic and Trade Agreement (CETA) with the European Union (EU), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) with 10 countries in the Asia-Pacific region including Australia, New Zealand Japan and Malaysia. In addition to these multilateral agreements, Canada entered into bilateral Free Trade Agreements with a number of countries such as Peru, Chile, Colombia, Panama and Korea.

Most of foreign nationals who qualify under an FTA need a work permit to work in Canada temporarily, but are exempt from obtaining a Labor Market Impact assessment (LMIA).

Bridging Open Work Permit

The BOWP allows foreign national, with a valid Canadian work permit and whose application for permanent residence is being processed by Immigration, Refugees and Citizenship Canada (IRCC), to keep working in Canada. 

The candidates must have submitted their application for permanent residence under one of the following classes:

Federal Skilled Worker Program (FSWC)

Canadian Experience Class (CEC)

Federal Skilled Trades Program (FSTC)

Provincial Nominee Program (PNP)

Agri-Food Pilot Program (AFP)

Caring for Children Class or Caring for People with High Medical Needs Class (before June 18, 2019)

Quebec Skilled Workers (QSWC)

IRCC relaxed rules in September 2021 to make a BOWP easier to obtain. Foreign workers can now apply for the BOWP earlier than four months (previous limit). They can also apply even if their work permit has expired and they are eligible for restoration of status (previously not possible).

Post Graduation Work Permit Program

Foreign students who have completed, at least, an 8-month program of study in Canada from a Designated Learning Institution (DLI) can apply for a Post-Graduation Work Permit Program (PGWPP) valid from 8 months to 3 years depending on the duration of the study program. This is an open work permit without the need to get an LMIA enabling a post graduate to work for any employer. The spouses and common-law partners of a PGWP holder are also allowed to apply for an open work permit. 

Youth Mobility Agreements

Canada has reciprocal youth mobility agreements with about 40 countries. These, essentially international exchange program agreements, allow youth under 35 years from participating countries to come and work in Canada on temporary basis (1-2 years). 

The International Experience Canada (IEC) under this program includes three programs:

Working Holiday

Young Professionals

International Co-op

Significant benefit to Canada – C11 

This IMP program, also known by the exemption code C-11 used by IRCC to issue work permit without an LMIA, is meant for entrepreneurs and self-employed seeking temporary or permanent entry. 

The Significant benefit to Canada program requires from candidates, in addition to their skills, business background, and 50% owning and controlling share in the existing or planned business, to create significant cultural, social, or economic benefits to Canadian society. 

The business plan presented with the work permit application must clearly reflect the intention and a viable plan to generate economic, social or cultural gains or advancements. These contributions may be in the forms such as job creation or skills improvement for Canadians or permanent residents or technological advancement for Canadian industry.