WORK IN CANADA

Foreign nationals need an LMIA approval letter to apply for a permit to work in Canada. 

LMIA Process

The Employment and Social Development Canada (ESDC) accepts and processes LMIA requests.

While application requirements vary, assessment is always to answer the core question. 

What is the impact of hiring a foreign worker? Whether it affects the Canadian labour market positively or negatively? 

Temporary workers with positive LMIA can get from 50 to 200 additional points in Express Entry, which helps them immigrate to Canada.

Commonly, employers need to request a Labour Market Impact Assessment (LMIA) and receive a confirmation letter before they can hire foreign workers.  However, there are certain Canadian immigration programs that waive the LMIA requirement.

Types of LMIA Exemptions 

LMIA exempt work permits generally refer to one of the following:

1. Open Work Permits. No job offer and no LMIA is required. Foreign workers will be able to work for any employer if they meet program requirements. 

2. Employer-Specific Work Permits.  A job offer is required but no LMIA needed. An applicant must meet program requirements.

Immigration, Refugees and Citizenship Canada (IRCC) may issue an LMIA-exempt work permit. Exemptions are based on Canada's international agreements, public policy, a significant benefit to Canadians or other specific programs.

Canada Intra Company Transfer Work Permit, sometimes called Canada ICT Visa, is suitable for key workers and owners of multinational corporations who will be transferred to work in the affiliated Canadian company, either start-up or established one.

There are many advantages, It does not requireLMIA (labour market impact assessment), qualifies for 2-week processing time under the Global Skills Strategy, as well as experience gained on ICT Work Permit can be used to facilitate immigration to Canada after one year of working for Canadian affiliate.

Open work permits allow eligible foreign nationals to work for any employer in Canada. 

The biggest advantage of holding an open work permit is the freedom to work in the occupation, or for the employer, of your choice.

Open work permits are exempt from some of the requirements associated with obtaining a permit to work in Canada. 

You do not need to have a job offer or a positive Labour Market Impact Assessment to be eligible for an open work permit.

International students who want to work after graduation from an educational institution in Canada can apply for a Post Graduation Work Permit (PGWP). The benefit is not only in gaining Canadian experience but it is also a pathway to immigrate to Canada.

To get a post-graduate work permit in Canada, an international student must meet the following PGWP requirements:
 

• be 18 years or older

• have graduated from a Designated Learning Institution (DLI)

• have a certificate or diploma and transcript that confirm completion of all program requirements

• always studied full-time in Canada in an educational program that is at least 8 months long

• apply for a work permit within 180 day

There are several categories of workers who may work in Canada without having to go through the Labour Market Impact Assessment (LMIA) under the USMCA (United States Mexico Canada Agreement)