Work Permits

Our expertise means we understand the nuances of this field, and we are excited to assist you. Read on to learn more about work permits.

There are several types of work permits or visas available for Canada, most of which require employer involvement.

Temporary Foreign Worker Program – This program requires employers to first obtain a positive Labour Market Impact Assessment (LMIA) to fill positions that are in short supply in Canada. Employment and Social Development Canada (ESDC) / Service Canada must approve the employer’s request to hire a foreign worker if no Canadian permanent residents or citizens are available for the position. Once a positive LMIA is received, the foreign worker can apply for a work permit or visa.

International Mobility Program (IMP) – This program includes several work permit categories that do not require an LMIA. Examples include:

• International or national agreements under the Immigration and Refugee Protection Regulations (IRPR) section 204, such as the Canada-United States-Mexico Agreement (CUSMA) 
• FTA; Canada-Korea FTA; Canada-European Union Comprehensive Economic and Trade Agreement (CETA); Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA); Canada-Panama FTA; Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);
• Provincial Nominee Program work permits;
• Permanent residence applicants in Canada under IRPR section 207;
• Vulnerable workers under IRPR section 207.1;
• Work permits for humanitarian reasons under IRPR section 208;
• Other unique work situations.

LMIA-Based Work Permit

An LMIA is a document issued by ESDC/Service Canada (SC) and is required to apply for most Canadian work permits. Prior to submitting the application for an LMIA, the employer must advertise, with at least one advertisement placed on the Job Bank. Applications for an LMIA for a temporary position have an associated application fee of $1,000 for each temporary foreign worker application. The positive LMIA is provided by ESDC/SC to the employer, who will then give it to the foreign worker to submit with their work permit application.

The validity of an LMIA has recently been extended to three years for certain categories of positions. Therefore, the work permit granted could range from one to three years in validity. There are also shorter processing times of ten days available for eligible high-demand, high-paid, and short-duration occupations, such as skilled trades within the top 10% of pay and positions lasting less than 120 days.

An LMIA application has similar requirements to an LMIA for Express Entry and Permanent Residence, thus receiving the same level of scrutiny from ESDC. Foreign workers must demonstrate they meet all the position requirements (i.e., education, experience, skills) as listed in the LMIA application. For more details about the LMIA process, please click here.

Global Talent Stream (GTS) LMIA

A program designed to attract highly-skilled global talent, the Global Talent Stream began in 2017 under the Temporary Foreign Worker Program and was transitioned to a permanent program in 2019. The Global Talent Stream is a key component of the Innovation and Skills Plan, which aims to establish Canada as a leading center for innovation.

The main feature of this program is the Labour Market Benefits Plan, which details the specific benefits for the Canadian labor market and economy. Employers must outline activities and targets for each benefit. By hiring highly-skilled global talent, employers must commit to providing both mandatory and complementary benefits, depending on their application category, including:

• Category A: Referred to the Global Talent Stream by one of its designated partners; hiring unique and specialized talent; mandatory benefit: job creation.
• Category B: Only occupations on the Global Talent occupations list; mandatory benefit: increasing skills and training investments.

Additional benefits include job creation, investment in skills and training, knowledge transfer to Canadians and permanent residents, and enhanced company performance. There is currently no advertising requirement or transition plan for this stream; however, there is a mandatory progress review of the employer’s commitments in the Labour Market Benefits Plan.

LMIA-Based Work Permit under Provincial Nominee Programs (PNP)

Provincial Nominee Programs facilitate the entry of various professionals to Canada who might not qualify under the Express Entry System. Note: If a Canadian employer has not found or trained a Canadian citizen or permanent resident to fill a labor shortage, careful planning is needed for a new LMIA. The temporary worker can apply for a work permit extension before the initial permit expires and can continue working while awaiting a decision on their application. For new LMIA applications for high-wage positions, the transition plan must be feasible and credible, with realistic and verifiable implementation steps of the following:

• Increased efforts to hire and train Canadians in the long-term; or
• Support for the high-skilled temporary foreign worker’s transition to becoming a permanent resident of Canada.

Bridging Open Work Permit (BOWP)

If currently working in Canada on a work permit that is about to expire, and you have submitted a permanent residence application through the Express Entry system under one of the programs available – Canadian Experience Class (CEC), Federal Skilled Worker (FSW), or Federal Skilled Trades (FST) – you may be eligible for a Bridging Open Work Permit (BOWP). As the name suggests, a BOWP bridges the gap between the expiry of the work permit and the final decision on the permanent residence application.

Intra-Company Transfer (ICT) – Existing Subsidiary in Canada

The first key element of an LMIA-exempt application is to establish the relationship between the Canadian organization and the parent company, branch, or affiliate outside Canada. To be eligible for the intra-company transfer to the Canadian office, the foreign national must have been employed for a minimum of one year in the same position by the parent company, subsidiary, branch, or affiliate outside of Canada.

Start-Up Intra-Company Transfer Work Permits – (New Office)

Before making an LMIA-exempt work permit application, the Canadian company must register or incorporate in Canada to establish the qualifying company relationship between the entities.

International Experience Canada (IEC) Work Permit

A work permit under this category is meant for youth between 18 and 35 years of age from countries that have an agreement with Canada allowing IEC work permits. There are three categories: Working Holiday, Young Professionals, and International Co-op internships, but not all three are applicable to all countries