
Do Expats Need a Work Permit to Work in Canada?
Canada is known for its thriving economy, high standard of living, and diverse job opportunities, which all make it an attractive destination for expats looking to work abroad. However, before you can start your new job, it’s essential to understand the legal requirements involved in working in the country. One of the most important requirements for most foreign workers is obtaining a work permit.
In this blog, we’ll explore everything you need to know about work permits in Canada, including who needs one, the different types available, and the step-by-step process to apply.
What is a work permit?
A work permit is an official document issued by the Canadian government that allows foreign nationals to work legally in the country. It grants permission to an individual to work for a specific employer or in a specific job, depending on the type of work permit. Work permits are generally temporary, although there are exceptions for certain long-term positions or for people who will move to permanent residency.
For foreign workers, a work permit is crucial as it ensures they are allowed to work in Canada without violating immigration laws. Without the proper work permit, an expat could face legal penalties, including deportation or being barred from re-entering the country. A work permit also allows the worker to access various rights and protections under Canadian employment law, such as fair wages and working conditions. It provides both the worker and employer with security, ensuring the arrangement is legitimate and complies with Canada’s immigration and labour regulations.
Who needs a work permit to work in Canada?
In Canada, most foreign nationals who wish to work in the country must obtain a work permit, although there are some exceptions. Generally, expats will need a work permit if they plan to be employed by a Canadian employer, perform a specific job, or work for a set period. However, the type of work permit required may vary depending on the nature of the job and the individual’s circumstances.
Expats typically need a work permit if they are:
- Employed in Canada by a specific employer or in a specific role
- Engaged in a job that is not exempt from work permit requirements (such as certain temporary or short-term jobs)
- Coming to Canada from a country where a work permit is a necessity for entry
There are some foreign workers who might not need a work permit. For example, certain international students, business visitors, and foreign representatives could be allowed to work without a permit under specific conditions. In addition, some workers in specific fields, such as performing artists or emergency service personnel, could also qualify for exemptions.
If you’re unsure whether you need a work permit in Canada, you should review your job offer and the specific requirements of the job, and research your eligibility for any exemptions under Canadian immigration laws.
What types of work permits are available in Canada?
In Canada, there are two main types of work permits – employer-specific work permits and open work permits. Both types of work permits have their advantages, depending on your situation, but you’ll need to understanding the differences to ensure you get the correct permit for your requirements.
Employer-specific work permits
An employer-specific work permit, also known as a closed work permit, allows an expat to work for a specific employer in a specific role and location. This type of permit requires a job offer from a Canadian employer, and the worker must adhere to the conditions of the permit, which typically include working only for the designated employer, performing the specified job, and working at the stated location. If you want to change employers or roles, you will need to apply for a new employer-specific work permit.
These permits will typically be issued to foreign workers who are sponsored by an employer in Canada. The employer must also obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC), which assesses how hiring a foreign worker will impact the Canadian job market.
Open work permits
An open work permit, on the other hand, is more flexible. It allows expats to work for any Canadian employer in almost any job, without being tied to a specific employer, location, or role. Open work permits are usually issued in situations where the individual has specific eligibility criteria, such as being the spouse or common-law partner of a skilled worker or international student, or a refugee.
Unlike employer-specific permits, open work permits do not require a Labour Market Impact Assessment (LMIA), so they can be a quicker and simpler option. However, open work permits could still have some conditions, such as restrictions on the type of work (for example, not allowing work in certain fields, such as healthcare or education).
How to apply for a work permit in Canada
Here’s a step-by-step guide to help you navigate the application process:
Determine your eligibility
Before applying, you’ll need to ensure that you meet the requirements for a work permit. Generally, you must have a valid job offer from a Canadian employer, prove that you have the skills or qualifications for the job, and demonstrate that you will leave Canada when your work permit expires.
You’ll also need to show you have enough money to take care of yourself and any dependents whilst you’re in Canada. You’ll need to have no criminal record, be in good health, and undergo a medical examination if needed.
Gather the required documents
You will need various documents to support your visa application, including:
- A valid passport
- A job offer letter from a Canadian employer (for employer-specific permits)
- Proof of your qualifications (such as diplomas, degrees, or certificates)
- Any other documents required by the specific type of work permit (such as the Labour Market Impact Assessment (LMIA), if applicable)
You’ll need to make sure that all documents are up-to-date and in the required format.
Apply online
You will need to apply for a work permit online via the official Immigration, Refugees and Citizenship Canada (IRCC) website.
You can only apply on paper if you have a disability that prevents you from applying online, are applying under the Seasonal Agricultural Worker Programme, or hold an identity or travel document for non-national residents, refugees or stateless persons
Pay the application fee
There is a processing fee for a work permit application, which must be paid at the time of submission. The current fee is typically around $155, but you should check the official IRCC website for the most up-to-date information.
Submit biometrics (if required)
Depending on your nationality and the specific type of work permit you’re applying for, you may be required to provide biometrics, such as fingerprints and a photo. Biometrics can be submitted at a local VAC or through an approved service provider.
Wait for a decision
The application processing time can vary depending on factors like your country of residence, the type of work permit, and whether additional documents or an interview is required. Generally, it can take around six weeks to receive a decision. If you’re asked to undertake a medical examination, an extra three months can be added. You can typically track the progress of your application online and you’ll also receive notifications about updates.
Receive your work permit
If your application is approved, you will be issued a work permit. For employer-specific permits, this will specify your employer, job, and work location. For open work permits, you will be free to work for any eligible employer in Canada.
Arrive in Canada and present your documents
When you arrive in Canada, you will need to show your work permit approval letter to a Canadian immigration officer. If your work permit was approved abroad, the officer will issue your actual work permit at the port of entry.
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