Work In Canada

Employers must obtain a Labour Market Impact Assessment (LMIA) to hire foreign workers to fill temporary labour and skill shortages. The LMIA verifies that there is a need for temporary workers and that no Canadian citizens or permanent residents are available to do the job.

TFWP is administered as a cooperation between ESDC and IRCC and CBSA. A foreign worker needs a job offer supported by a positive LMIA to apply for work permit under TFW program.

Under the TFW program, ESDC is responsible for :

a) ensuring that the Canadian employer has made reasonable efforts to hire Canadian citizens or permanent residents to filla labor shortage before hiring a foreign worker (e.g. Job advertisements for minimum 28 days)

b) ensuring that the wages and working conditions offered by the employer to the foreign worker meet the required labor market standards as per local employment and labor law. 

c) ensuring that the job offer made by the employer is genuine and contains the required minimum terms of employment.

IRCC is responsible for issuing work permits after :

a) ensuring that the foreign worker possesses the necessaryeducational and professional background to perform the duties outlined in the job offer.

b) Examining to see that the worker is not inadmissible to Canada

To hire a temporary worker who has an open work permit, the employer does not need to submit an offer of employment form or pay the employer compliance fee. 

There are two types of work permits:

1) open work permits and 2) employer-specific work permits

An open work permit allows you to work for any employer in Canada, except for an employer :a) who is listed as ineligible on the list of employers who have failed to comply with the conditions, orb) who regularly offers striptease, erotic dance, escort services or erotic massages.

Types of open work permits and related regulations :

a) Unrestricted (allowing foreign nationals to work in any occupation and location) also known as 'open employer and unrestricted occupation work permit'.

b) Restricted (restricting the occupation or the location) also known as 'Open employer but occupation- or location-restricted work permit. 

Open work permits may be issued with the following restrictions:

• occupational restrictions, depending on the applicant's medical status [R185(b)]
• location restrictions, depending on the category (such as a bridging open work permit under the provincial nominee class).
• an open work permit can be issued to a foreign national only under one of the Labour Market Impact Assessment (LMIA) exemptions.

Who can apply for an open work permit?

1. Permanent residence applicants who have applied to a CPC office in Canada,
2. Dependent family members of some permanent residence applicants - a spouse who applied, or wants to apply, under the Spouse or Common-Law Partner in-Canada class, he or she can apply for an open work permit.
3. Spouses/common-law partners of workers and international students,  if they are :

• a spouse of a skilled worker in an occupation under the NOC skill type 0, A or B approved to work in Canada six months or longer,, a spouse of a foreign student at a public post-secondary school, such as a college or university or
• a family member of a foreign representative, or
• a family member of a foreign military member who is working in Canada.
• Open work permit will not be valid longer than spouse's work permit.
• Refugees, refugee  claimants, protected persons and their family members.
• Some temporary resident permit holders whose permit is valid for at least 6 months.
• Some young workers participating in special programs like International Experience Canada (Working holiday) program.
• Students’ co-op work permit, which is an open work permit.
• The post-graduation work permit is an open work permit issued to graduating students who qualify. This means that you can work in any occupation anywhere in Canada, and change employers any time you wish.