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Immigration in to Canada

Temporary Foreign Workers- Work Permit Holders

What is a Work Permit?

Work permit is a generic term for a legal authorization which allows a person to take employment. It is most often used in reference to instances where a person is given permission to work in a country where they are not citizens. Some temporary workers require a work permit but not all do, there are also some categories of workers for whom permits are approved more quickly. Depending on the nature of the activity, you may be exempt from a work permit. In most cases, you will need one to work legally in Canada.

The requirements and processing times depend on the sort of work you will do when you come to Canada. Your potential employer helps determine if you are eligible and will probably need to get a Labour Market Impact Assessment (LMIA) from Employment and Development Canada (ESDC). Labour Market Impact Assessment (LMIA) confirms that the employer can fill the job with a foreign worker.

Procedure

To apply for a work permit from outside Canada

  • Proof of identity (a valid passport or travel document)
  • Two Photos
  • Application For Work Permit Outside of Canada
  • Family Information Form
  • Authority to Release Personal Information to a Designated Individua (if applicable)
  • Use of a Representative (if applicable)
  • Proof of employment in Canada
    1. For LMIA-exempt work permits: The Offer of Employment number
    2. OR

    3. If you need an LMIA to work: A copy of Labour Market Impact Assessment (LMIA) from ESDC

  • Proof of relationship
  • marriage certificate
  • common-law relationship: Statutory Declaration of Common-Law Union
  • Proof of current immigration status
  • If you are not a citizen of the country or territory where you are applying, you must send proof of your present immigration status in that country or territory.
  • a job offer from a Canadian employer
  • a completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, and written confirmation from Employment and Development Canada (ESDC) that your prospective employer is permitted to hire a foreign worker to fill the job. This confirmation is called a positive Labor Market Impact Assessment (LMIA) . It is usually up to your employer to get that written confirmation.

You must ensure you satisfy these other requirements:

  • Satisfy a visa officer that you will leave Canada at the end of your work permit.
  • Show that you have enough money to support yourself and your family while you are in Canada
  • .

    1. prove to an officer that you will leave Canada when your work permit expires;
    2. show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home;
    3. obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate);
    4. not be a danger to Canada’s security;
    5. be in good health and have a medical exam, if needed;
    6. not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
    7. not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages; and
    8. give the officer any other documents they ask for to prove you can enter the country.
    9. prove to an officer that you will leave Canada when your work permit expires;
    10. not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions;
    11. not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages; and
    12. give the officer any other documents they ask for to prove you can enter the country.

  • Respect the law and have no criminal record.
  • Show that you are not a risk to the security of Canada.
  • Be in good health. (You may have to have a medical examination.

Eligibility to apply for a work permit from inside Canada

You can only apply for a work permit from inside Canada if:

  • you’re eligible for a post-graduation work permit and your study permit is still valid
  • you or your spouse, common-law partner or parent has a temporary resident permit that is valid for 6 months or more
  • you made or will make 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 a trader, investor, intra-company transferee or professional under the Canada–United States–Mexico Agreement (CUSMA)
  • you have a valid study or work permit, or your spouse or parents have a study or work permit
  • you have a work permit for one job but want to apply for a work permit for a different job
  • you have a temporary resident permit that is valid for six months or more or
  • you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit.

You must also have the following documents:

  • Application to Change Conditions, Extend my Stay or Remain in Canada as a worker
  • Passport
  • Proof of your travel or identify document to enter Canada if not passport
  • Authority to Release Personal Information to a Designated Individua (if applicable)
  • Use of a Representative (if applicable)
  • Proof of employment in Canada
    1.  For LMIA-exempt work permits: The Offer of Employment number

  • a job offer from a Canadian employer
  • a completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, and
  • written confirmation from (ESDC) that the employer can hire a foreign worker to fill the job. This confirmation is called a positive labour market opinion.
  • In most cases, it is up to your employer to get that written confirmation. Information on the labour market opinion is found under Information for Canadian employers on the right-hand side of this page.
  • In some cases, you do not need a labour market opinion.

You must also do the following:

  • Satisfy an immigration officer that you will leave Canada at the end of your work permit.
  • Show that you have enough money to support yourself and your family while you are in Canada.
  • Respect the law and have no criminal record.
  • Show that you are not a risk to the security of Canada.
  • Be in good health. (You may have to have a medical examination.

Categories where a work permit may not be needed:

  • Religious leader
  • Short-term highly-skilled worker
  • Short-term researcher
  • Producer or staff member working on advertisements
  • Students working off campus
  • Athletes and coaches
  • Aviation accident or incident investigators
  • Business visitors
  • Civil aviation inspectors
  • Convention organizers
  • Crew members
  • Emergency service providers
  • Examiners and evaluators
  • Expert witnesses or investigators
  • Family members of foreign representatives
  • Foreign government officers
  • Foreign representatives
  • Health-care students
  • Judges, referees and similar officials
  • Military personnel
  • News reporters, film and media crews
  • Performing artists
  • Public speakers
  • Students working on campus

Frequently asked questions we can help you with

  • How do I get a copy of a lost work permit?
  • What is a Employment and Development Canada (ESDC) confirmation?
  • What if my work permit application was refused but the Labour Market Impact Assessment (LMIA) was changed afterward?
  • Are there any conditions on my work permit?
  • Can my spouse or common-law partner and dependent children come with me to Canada?
  • Can my spouse or common-law partner work in Canada?
  • Can my dependent children work in Canada?
  • Can a potential employer in Canada or an applicant outside Canada appeal the decision on a work permit application?
  • Will I need a medical exam?
  • Can I fill out one form for my entire family if we are traveling together?
  • Do my children need to complete the new application form?
  • If I submitted an older application form, do I need to resubmit my application using the form that is currently on the IRCC Web site?