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Work Visa

Any foreign national wishing to work in Canada must have the proper authorization. For the vast majority of foreign nationals, this authorization comes in the form of a valid work permit. Though, it should be noted that there certain exemptions to the work permit requirements.

A work permit is a legal document permitting a foreign national to engage in employment while inside of Canada. An open work permit refers to a work permit which is not tied to a single employer or location. This means that a foreign national with a valid open work permit may work for multiple employers in multiple locations throughout Canada. It should be noted that certain open work permits may have additional requirements or restrictions which must be respected by foreign nationals. Open work permits are most commonly issued through the following immigration programs:

    • Post-Graduation Work Permits (PGWP)
    • International Experience Canada (IEC)
    • Inland Spousal or Common-Law Sponsorship
    • Bridging Open Work Permits (BOWP)

Open work permits do not require a Labour Market Impact Assessment (LMIA).

Benefits of Open Work Permit

Open work permits are highly sought after for the freedom they give their holders. While most work permits are tied to a specific employer, an open work permit allows a foreign national to work for any employer in Canada and the freedom to move from location to location at their own discretion. By gaining Canadian work experience, many foreign nationals will improve their eligibility for Canadian permanent residency. As Canadian work experience is accrued, foreign nationals can monitor their eligibility for the following pathways to permanent residence:

  • Express Entry
    • Federal Skilled Worker (FSW)
    • Federal Skilled Trades (FST)
    • Canadian Experience Class (CEC)
  • Provincial Nominee Programs (PNPs)
  • Quebec Immigration

 

Even with an open work permit, foreign nationals are not eligible to accept employment from the following categories of employers:

  • Employers listed as ineligible for having been non-compliant with IRCC regulations
  • Employers regularly offering striptease, erotic dance, escort services, or erotic massages.

 

Who is Eligible

Foreign nationals in the following situations may be eligible to apply for an open work permit:

  • Spouses or common-law partners of some temporary foreign workers
  • Spouses or common-law partners of some international students
  • Some international students who have graduated from a designated program of study in Canada
  • Permanent residency applicants who have applied through the inland spousal sponsorship process
  • Some young workers participating in programs offered through International Experience Canada (IEC)
  • Refugees, refugee claimants, protected persons and their family members

 

The exact eligibility requirements and application procedure varies depending on which of the above-mentioned situations a foreign national meets.

Frequently Asked Questions

Canadian employers wishing to employ a foreign worker in Canada must first obtain authorization from Employment and Social Development Canada (ESDC), otherwise known as a Labour Market Impact Assessment (LMIA). Canadian employers must demonstrate that employing a foreign worker will not have a negative impact on the Canadian labour market in most cases, and that there is currently no Canadian citizen or permanent resident available to fill the position. This is typically accomplished by advertising the position on several venues, thus demonstrating there was no suitable Canadian for the job. A LMIA is a very rigorous and comprehensive process that is subject to a high level of scrutiny from the government, and thus must be completed without errors.
Two Canadian federal departments are responsible for work permits. If a Labour Market Impact Assessment is required, the department of Employment and Social Development Canada will review the LMIA application and make a decision on whether or not it approves the application. The process of obtaining a work permit is handled by the department of Immigration, Refugees and Citizenship Canada (IRCC). Once an LMIA has been approved, you submit a work permit application to IRCC. If an LMIA is not required, you also apply to IRCC to get a work permit. The work permit provides you with the legal authority to work in Canada for a temporary period of time.
There are general requirements that all applicants must fulfil, and specific ones they need to fulfil based on the work permit stream they are applying under. For example, you are applying under a work permit stream that requires an LMIA, you need to submit the following documents to IRCC as part of your work permit application: a job offer letter employment contract a copy of the LMIA the LMIA number Generally speaking, all applicants need to demonstrate they will leave Canada when their work permit expires, they have enough money to financially support themselves in Canada, they do not pose a risk to public health and safety, and will not work for ineligible employers or in ineligible occupations.
An open work permit is one that enables a foreign worker to work for any employer in Canada. Open work permits do not require foreign nationals to obtain a Labour Market Impact Assessment or a job offer when applying to Immigration, Refugees and Citizenship Canada for a work permit.
Closed work permits require a foreign worker to only work for the employer who has obtained a positive LMIA and provided them with a job offer. If a foreign worker is no longer going to work for this employer, they need to apply to change the conditions of their work permit if they wish to continue to legally work in Canada.