There are several pathways to working in Canada, however, they can be challenging at times to navigate. There are possibilities to work without a work permit or obtain a work permit through the Temporary Foreign Worker Program (TFWP) or International Mobility Program (IMP). What is required to apply for a work permit varies depending on the pathway, and the occupation of the applicant. Odyssey Law can review the options with you, and help you find the best option for your situation. We assist with Work Permit Exemption requests, LMIA based work permits, and LMIA exempt work permits. Please see below for further information.
Please note that the information contained on this post is for informational purposes only and does not constitute legal advice. For advice on your specific situation, please call Odyssey Law for a consultation.
Most prospective workers will require a work permit to work in Canada. However, there are some exceptions to this general rule including certain performance artists, athletes and their team members, news reporters/media crew, religious leaders, emergency service providers and researchers, among others.
This exemption also covers highly skilled workers under the Global Skills Strategy program, which allows persons whose job is considered at an executive/managerial or professional level [as according to Canada’s national occupational classification (TEER code) system] to come to Canada and work for short lengths of time.
There are also exemptions that allow persons to work without a work permit in other circumstances, such as when a person has a study permit and is working on or off campus, or for those persons who are waiting for processing to complete for a new work permit, in certain cases.
Requests can be made to Immigration, Refugee and Citizenship Canada’s International Mobility Workers Unit (IMWU) to provide an opinion as to whether a work permit exemption applies in a particular situation.
A Labour Market Impact Assessment (LMIA) is an application that an employer in Canada may need to make to hire a foreign worker through the Temporary Foreign Worker Program (TFWP). A positive LMIA indicates that there is no Canadian citizen or permanent resident that is available to do the job, and therefore allows a Canadian employer to hire a foreign worker instead. Please see our “Business Immigration” section for more information on LMIA applications.
When an employer receives a positive LMIA and the foreign worker then uses this LMIA to apply for a work permit, the work permit is considered an LMIA based work permit that is employer specific. An open work permit allows a person to work for any employer in Canada, whereas an employer specific work permit allows a person to work according to the conditions on their work permit, which normally includes the name of the specific employer.
LMIA exempt work permits do not require a Labour Market Impact Assessment (LMIA). An LMIA is an application that an employer in Canada may need to make to hire a foreign worker. Please see our “Business Immigration” section for more information on LMIA applications.
LMIA exempt work permits are made under Canada’s International Mobility Program (“IMP”) and may be open or employer specific. An open work permit allows a person to work for any employer in Canada, whereas an employer specific work permit allows a person to work according to the conditions on their work permit, which normally includes the name of the specific employer.
There are several categories of LMIA exempt work permits:
- Public Policy Exemptions– this includes exemptions such as a current temporary program for Hong Kong recent graduates to obtain open work permits;
- International Agreements or Arrangements Exemptions– there are LMIA exempt work permits available through agreements such as CUSMA (Canada-Mexico-United States Free Trade Agreement, formerly NAFTA) or exemptions for persons who have been approved under a provincial nomination program;
- Canadian Interest Exemptions– this covers an array of situations and includes the ability to issue a work permit if it is a significant benefit to Canada. This can include issuing work permits for entrepreneurs, for intra-company transferees, Bridging Open Work Permits (BOWP) for applicants who have a permanent residence application in progress, work permits through International Experience Canada (IEC), for research and co-op programs, the issuance of Post-Graduate Work Permits (PGWP), and for charitable and religious work.
- Applicants in Canada Exemptions- this includes allowing work permits to be issued for persons who are applicants under the Spouse or Common-law partner in-Canada class, among others;
- Vulnerable Workers and their family members Exemptions- this exemption includes situations where a worker has been or is at risk of experiencing abuse; and
- Humanitarian Reasons, No Other Means of Support Exemptions- these exemptions cover situations such as destitute students and refugee claimants that need to work to support themselves
Requests can be made to Immigration, Refugee and Citizenship Canada’s International Mobility Workers Unit (IMWU) to provide an opinion as to whether an LMIA exemption applies in a particular situation.
