Work

Immigration-Law/Temporary Residence/Work


Work Permit

A work permit is a legal document permitting a foreign national to engage in employment while inside Canada.

Spousal Work Permit

If your spouse is working or studying in Canada, you may be eligible for a spousal work permit. In some cases, you may be eligible for an open work permit.

Requirements for an open work permit Include:

  • You must be the spouse of an individual authorized to work full-time in an eligible occupation or enrolled at a qualifying designated educational institution.
  • Provide all other necessary documents to support your application.

Open Work Permit

An open work permit allows you to work for any employer in Canada with some exceptions.

Who can apply for an open work permit?

You can only get an open work permit in specific situations. You may be eligible for an open work permit if you:

  • are an international student who graduated from a designated learning institution and
  • are eligible for the Post-Graduation Work Permit Program.
  • are a student who is no longer able to meet the costs of their studies (destitute student).
  • have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada.
  • applied for permanent residence in Canada.
  • are a dependent family member of someone who applied for permanent residence.
  • are the spouse or common-law partner of a skilled worker or international student.
  • are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program.
  • are a refugee, refugee claimant, protected person or their family member.
  • are under an unenforceable removal order.
  • are a temporary resident permit holder.
  • are a young worker participating in special programs.

In each of these situations, you must meet additional criteria of the program to be eligible.

Closed Work Permit /Employer-Specific Work Permit

Temporary Foreign Worker Program

Employers that want to hire foreign workers to fill temporary labour and skill shortages must obtain a Labour Market Impact Assessment (LMIA). Positive assessment shows that no Canadian citizen or permanent resident can fill the position, and the employer is granted the right to hire a temporary foreign worker.

An employer-specific work permit (also known as a closed work permit) allows you to work according to the conditions on your work permit

A worker can apply for a work permit once his or her employer obtains the LMIA.

Requirements Include:

  • A job offer letter,
  • A contract,
  • Copy of the LMIA,
  • LMIA number.

Post-Graduation Work Permit (PGWP)

You may be eligible for a post-graduation work permit (PGWP) if you graduated from a designated learning institution (DLI) and want to stay in Canada temporarily to work. A work permit under the program may be issued for a maximum of three years

Requirements Include:

  • You have 3 months after you get your final marks to apply for a PGWP.
  • To be eligible, your study permit must have been valid at some point during these 3 months.
  • Completed a study program at a designated learning institution (DLI) that was at least 9 months long, and that led to a degree, diploma or certificate.
  • Maintained full-time status as a student in Canada during each semester of your study program.

Work without a work permit

Most foreign nationals wishing to work in Canada need to obtain a work permit. However, in certain unique circumstances, a foreign national may work in Canada without a work permit.

Certain types of jobs may not require a work permit for foreign nationals to engage in Canadian employment. To qualify for a work permit exemption, a person’s job must be on the below list and they must also meet the additional criteria for their specific job as outlined under the International Mobility Program on the website of Immigration Canada.

Types of jobs in Canada that DO NOT require a Work Permit:

•Athlete or Coach

• Aviation accident or incident investigator

• Business visitor

• Civil aviation inspector

• Clergy

• Convention organizer

• Crew member

• Emergency service provider

• Examiner and evaluator

• Expert witness or investigator

• Family member of a foreign representative

• Foreign government officer or representative

• Healthcare student

• Judge, referee or similar official

• Military personnel

• News reporter or film and media crew

• Producer or staff member working on advertisements

• Performing artist

• Public speaker

• Short-term highly-skilled worker

• Short-term researcher

• Student working off-campus

• Student working on-campus

Want to find out the type of work permit that you are eligible for, or need help with your work permit application?

TEMPORARY RESIDENCE –OUT OF STATUS

If a temporary resident has not applied to extend their stay before the expiry date of their immigration documents, or they received negative results for their extension applications, they will become foreign nationals without status in Canada. It is an Offence to stay beyond the date when status ends under Canadian immigration law, and they are expected to leave the country.

If they want to remain in Canada, they will be given a chance to apply for a restoration of their legal status, and they must do so within 90 days after the expiry date of their immigration documents.