Work Permits

In order to work in Canada, most foreign workers need a work permit. In most cases a valid job offer is required before the worker may be granted a work permit by IRCC. There are various steps to this process and depending on the worker's country of citizenship, a TRV may also be required to enter Canada.

  • Foreign worker gets a valid job offer from a Canadian Employer

  • Canadian employer applied for LMIA (Labour Market Impact Assessment)

  • Foreign worker then applies for a work permit based on the LMIA (also see LMIA exemptions)

  • Work permit is issued by IRCC.

A work permit can be issued for a short duration of a few days or a longer duration of a few years. A work permit granted for a specific job will be tied to that job and employer. Which means the foreign worker can only work for the employer specified on the work permit. If the foreign worker finds different employment with a new employer then they must apply for a new work permit before joining the new employer.

There are many options to get a work permit, a few occupations do not require a work permit, students can also work under certain conditions. Get in touch with Juthika Rajwade for more information and she can take care of the entire work permit and LMIA process for both Canadian employers as well as foreign workers.

Work Permit Extensions

A Work Permit allows a foreign worker to work in Canada temporarily. There are three situations when a foreign worker must apply to extend their current Canadian work permit.

  • The worker's current work permit is expiring: In this case the foreign worker must immediately apply to extend their current work permit 30 days before the permit expires.

  • The worker's current job offer has been extended: In this case the foreign worker must apply to extend their work permit with the same employer before the permit expires.

  • The worker is offered a different job in Canada: In this case the foreign worker needs to apply for a completely new work permit with the new employer and cannot start the new job unless they receive the new work permit.

Certain work permit extensions require positive LMIA letters from the employer. Please contact Juthika for further information.

LMIAs and Transition Plans

A Canadian employer needs to receive approval from the Canadian government to hire a foreign worker before the foreign worker can apply for a work permit. This is done in the form of a Labour Market Impact Assessment (LMIA). This was formerly known as a Labour Market Opinion (LMO).

To receive a positive LMIA, Employment and Social Development Canada (ESDC) with the help of Service Canada representatives review the LMIA application and determine whether the hiring of a foreign worker will have a positive effective on the Canadian Labour Market. A lot of other factors are also taken into consideration, the employer needs to make clear why Canadian were not chosen for the position, also that the foreign worker will be provided with a salary and/or benefits as per the federal and provincial standards and many more.

All Canadian employers are required to provide evidence that they have attempted to hire qualified Canadian citizens or permanent residents before turning to foreign workers. In addition, employers are randomly selected for compliance to government regulations once the foreign worker starts working in Canada.

All employers wishing to hire a foreign worker must pay a LMIA processing fee of CAD $1000 for each request. In addition, employers are required to advertise all job vacancies across the Canadian Market for a minimum of four weeks before applying for a LMIA. Employers are also required to prove their other recruitment methods in addition to the advertisement requirements. Employers are also required to focus advertising and recruitment efforts on groups of Canadians who are under-represented.

Employers are required to submit a transition plan to Service Canada (ESDC) along with the LMIA application, this requirement is only for High-wage positions. Transition plan is a requirement to support the LMIA application to outline the steps the employer is taking to reduce their reliance on foreign workers for high wage positions. A transition plan is a requirement over and above the recruiting and advertisement requirements that the employer must undertake to find Canadians/permanent residents for the job.

In preparing a transition plan, employers must include a list of activities that could help them transition to a Canadian work force. The current list of recruitment and training "activities" found on the form includes:

  • Increased wages offered

  • Employee referral incentive program

  • Offer part-time or flexible hours as an option

  • Offer health insurance or other benefits

  • Job / Career fairs

  • Financial support for relocations of Canadians or permanent residents

  • Ongoing advertisement plan to taret different audiences

  • Apprenticeship / internship / co-op

  • Government Programs

  • On-the-job training

If an employer wishes to change a transition plan after a LMIA opinion is issued, Service Canada (ESDC) must agree to the change. If a revised transition plan is not agreed to by Service Canada, the employer could be liable for not following the transition plan on file. In certain cases, employers can apply for an exemption from submitting a transition plan.

What is the National Occupational Classification (NOC)?

The NOC is a system used by the Government of Canada to classify jobs (occupations). Jobs are grouped based on the type of work a person does and the types of job duties.

For instance, if a person wants to apply as a skilled worker they should check the NOC to see which jobs are considered “skilled” (NOC Skill Type 0 or Skill Level A or B). Find your job title, code and skill level or type.

The job information is broken down into a number of groups. For immigration purposes, the main groups are:

  • skill type 0 (zero) – management jobs; examples: information systems managers, construction managers, directors of operations

  • skill level A — professional jobs. People usually need a degree from a university for these jobs; examples: doctors, engineers, architects

  • skill level B — technical jobs and skilled trades. People usually need a college diploma or to train as an apprentice to do these jobs; examples: chefs, electricians, plumbers

  • skill level C — intermediate jobs. These jobs usually need high school and/or job - specific training; examples: long - haul truck drivers, butchers, food and beverage servers

  • skill level D — labour jobs. On-the-job training is usually given; examples: cleaning staff, oil field workers, fruit pickers