Work Permit Requirements (Non-Immigrant intention)
Types of Work Permit
Employer-specific work permit
An employer-specific work permit lets you work in Canada according to the conditions on your work permit, such as:
· the name of the specific employer you can work for
· how long you can work
· the location where you can work (if applicable)
Before you submit your application for an employer-specific work permit, the employer who wants to hire you must complete certain steps and give you either a copy of a Labour Market Impact Assessment or an offer of employment number to include in your application.
An open work permit lets you work for any employer in Canada, except for one that:
· is listed as ineligible on the list of employers who have failed to comply with the conditions or
· regularly offers striptease, erotic dance, escort services or erotic massages
You can only get an open work permit if you form part of below categories
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’s no longer able to meet the costs of your 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?
General Rules on entry.
1. Prove to CBSA, that you will leave when WP ends.
2. Enough funds
3. Obey law (PCC may be required)
4. Not be a danger to Canada security
5. Good health and have medical exam, if required.
6. Not work for ineligible works
7. Give to officer, what else he wants.
A. Eligibility (if applying from outside Canada)- Anyone can apply
BENEFIT OF GETTING IT IN 2 WEEKS. If Employer employing through Global Skills Strategy, then applications processed in 2 weeks.
Two ways of getting 2 weeks rooms. (You need or don’t need LMIA- Find Here)
1. If you don’t need LMIA
a. Applied from outside Canada
b. NOC. Skill type O(Managerial) or Skill Level A (Professional)
c. your employer has submitted an offer of employment using the Employer Portal and paid the employer compliance fee
International Experience Canada applicants are not eligible.
2. If you need LMIA
a. Applying form outside Canada
b. Positive LMIA through Global Talent Stream of Temporary Foreign worker program (this will be on LMIA Decision Letter)
c. Global Talent Stream.
(i) May be eligible for Category A of Global Talent Stream, if you recommended to the stream by one of the partners and hiring an individual with specialized skills.
(ii) May be eligible for category B of Global Talent Stream if you are seeking to hire highly skilled foreign workers to fill position is in demand occupation founds on Global Talent Occupations List. A referral is not required to be eligible for category B.
B. Eligibility requirements if you apply from inside Canada
You can only apply for a work permit from inside Canada if
· you have a valid study or work permit;
· your spouse, common-law partner or parents have a valid study or work permit;
· you’re eligible for a post-graduation work permit and your study permit is still valid;
· you have a temporary resident permit that is valid for six months or more;
· you’re waiting on a decision on an application for permanent residence from inside Canada;
· you made a claim for refugee protection;
· you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada;
· you’re allowed to work in Canada without a work permit but you need a work permit to work in a different job (this does not apply to business visitors); or
· you’re a trader, investor, intra-company transferee or professional under the Canada – United States – Mexico Agreement (CUSMA).
Ideally apply for Work Permit before you travel to Canada.
But you can apply for work permit when you enter Canada, provided you are eligible. So, if doing at port of entry.
1. Eligible for ETA, or to travel without a visitor visa.
2. Entering Canada directly from US, while COVID restrictions are in place.
Open work permit applicants must have valid job offer, while COVID RESTRICTIONS ARE IN PLACE.
Employer specific work permit applicants, are required to perform specific work permit steps.
Seasonal Agricultural Worker Program- not eligible for work permit at POE.
You can ask to be allowed to work while we process your application.
You must
· be physically present in Canada when you apply
· be a visitor with valid status when you apply for the work permit
o if your visitor status has expired, you’ll need to restore your visitor status before you apply for a work permit
· applied for an employer-specific work permit between August 24, 2020, and August 31, 2021
· have held a work permit that was valid in the 12 months before you applied for a new work permit